-Membership Agreement (provisional)-
This Membership Agreement (hereinafter referred to as “the Agreement”) prescribe the terms related to the use of the service (hereinafter referred to as “the Service”) offered on the website by Ninehours, Inc (hereinafter referred to as “the Company”). The use of this Service by the registered users (hereinafter referred to as “the User”) is subject to this Agreement.
Article 1 (Application)
This Agreement shall apply to any relationship between the User and the Company involving the use of the Service by our Company of the Services.
Article 2 (Usage Registration)
The Applicant’s registration as a Registered User shall be completed upon the applicant applying for the registration to use the Services as specified by the Company.
The Company reserves the rights to refuse registration of any Applicant without any obligation to disclose the reasons, in the event that:
(1) Any Registration Information provided by the Applicant upon registration is found to be false;
(2) The Applicant was determined to have been in violation of this agreements ;
(3) In addition to the foregoing, the Company deems the registration inappropriate.
Article 3 (Control of the User ID and Password)
Users themselves are responsible for the management of the User ID and Password for the Service.
Users may not cause a third party to transfer or provide the User ID and Password for the Service.
When inputted User ID and Password correspond with the registered information, it will be deemed as the use by the User who has registered the User ID.
Article 4 (Usage Fee and Payment Method)
The usage fee stipulated separately by the Company and indicated on the website shall be paid by the User in return for the usage of the Service.
In the case the user delays the payment of the usage fee, the user must pay late payment fees equal to 14.6% annually.
Article 5 (Prohibitions)
When using the Services, the User will not conduct any of the following acts:
(1) acts that violate any laws or regulations or that are against public order and good morals;
(2) acts that are associated with criminal activity;
(3) acts that may disrupt or interfere with the network functions;
(4) acts that may interfere with the service operations of the Company;
(5) acts that will collect or accumulate other User’s personal information;
(6) acts that impersonate other Users;
(7) act of supplying direct or indirect benefit to an antisocial force related to the Company’s Service;
(8) and, any other acts the Company deems inappropriate.
Article 6 (Termination of the provision of the Service, etc.)
The Company shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Services, in whole or in part, in the event that;
(1) Inspection or maintenance or update of the computer system for the Services needs to be performed;
(2) The provision of the Services have become difficult due to force majeure, including but not limited to earthquake, lightning, fire, power blackout and other natural disasters;
(3) Computers or communication lines have been disrupted due to an accident;
(4) The Company determines that suspension or discontinuance is required for other reasons.
The Company shall not in any way be liable for any loss or damages incurred by the User or a third party in connection with the suspension or discontinuation of the Services.
Article 7 (Usage Restriction and Registration Cancellation)
The Company may, without prior notice or demand, suspend the use of the entire or partial use of the Service by the User or cancel the Registered User’s registration as such, in the event of any of the following:
(1) The Registered User failed to comply with any of provisions hereof;
(2) Any of the Registration Information is found to be false;
(3) In addition to the foregoing, if the Company determined that it is not inappropriate for the User to use the Services
The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company.
Article 8 (Disclaimer)
The Company shall be relieved from its liabilities resulting from a default not incurred through intent or gross negligence on the part of the Company.
In the event the Company is to assume liability for, for whatever reason, the company shall bear the compensation responsibility only within the scope of the typically foreseeable damage and within the fee amount (in the case of continuous services the amount equivalent to one month usage).
The Company shall not in any way be liable for transactions, communications or disputes arising between the Registered User and other Registered Users or a third party in connection with the Services.
Article 9 (Changes to the Service, etc.)
If the Company deems appropriate the Company, without notice to the member in advance, change the content of the Service or terminate the provision of the Service, and the Company shall not be held liable in any way for damages suffered the User due to termination of the Service pursuant to this Article.
Article 10 (Amendments to the Agreement)
When deemed necessary the Company reserves the right to amend or change this Agreement any time without seeking prior authorization from Service Users.
Article 11 (Notices or Communications)
Any notices or communications with respect to the Services between the User and the Company shall be made in accordance with the procedures specified by the Company
Article 12 (Prohibition of Assignment of Rights)
The User shall not assign or grant security interests in its status under the Service Usage Agreement or its rights or obligations under the Agreement without the prior written consent of the Company..
Article 13 (Governing Law and Jurisdiction)
The interpretation and application of this agreement shall conform to Japanese law.
In cases of judicial decision regarding the use of this service, the court of jurisdiction shall be that of the location of the Company.