Terms of Use

These terms of use (the “Terms”) set forth the conditions under which DENSO IT LABORATORY, INC. (the “Company”) provides services (the “Services”) and the relationship between the Company and an individual who uses the Services (the “User”), with respect to their rights and obligations. The User must read the entire text of the Terms and agree to them before using the Services.

Article 1. Scope

  1. The purpose of the Terms is to establish the conditions under which the Services are provided and the relationship between the Company and the User regarding their rights and obligations. The Terms apply to the entirety of the relationship between the User and the Company in connection with the use of the Services.

  2. The Company may establish special agreements in connection with the Services in addition to the Terms. When a special agreement is established, it is deemed to constitute part of the Terms.

  3. In the event of a disparity between the content of the Terms and a special agreement or any other explanation of the Services that is not included in the Terms, the provisions of the Terms take precedence over all others.

Article 2. Proprietary Rights

  1. The rights to content owned by the User belong to the User. The User grants the Company a license within the scope necessary for the Company to offer the Services. When the User uses content that is stored with a third party service in the Services, the User grants the Company license regarding the ownership of such content within the scope necessary for the Company to offer the Services, based on the terms that the User agreed to when he or she offered the content to the third party.

  2. A license within the scope necessary to offer the Services encompasses displaying the content in the application, modifying the content (for technical purposes, such as to generate a thumbnail image of the content), and duplicating and backing up the data (for technical purposes, such as for cache storage to display images).

    When granting of a license becomes necessary to provide the functions of the Services in situations other than those described above, the Company requests the User to grant a license through the Services and applications.

Article 3. Discontinuation of the Services

  1. The Company reserves the right to discontinue or suspend all or part of the Services without advance notice to the User in the event of any of the following:

    1. When the computer system relating to the Services is inspected or undergoes maintenance work on an emergency basis
    2. When a computer, telecommunications circuit, or other device is halted due to difficulties
    3. When it becomes impossible to provide the Services for a force majeure reason, such as an earthquake, lightning strike, fire, storm or flood damage, power outage, or any other natural calamity
    4. In any other instance in which the Company determines it is necessary to discontinue or suspend the Services
  2. The Company is not liable for any damage suffered by the User as the result of any action taken by the Company in accordance with the provisions of this Article.

Article 4. Modification and Termination of the Service Content

  1. The Company reserves the right to modify the content of the Services or discontinue provision of the Services solely for any reason attributable to itself. When discontinuing the Services, the Company gives the User advance notice.

  2. The Company is not liable for any damage suffered by the User as the result of any action taken by the Company in accordance with the provisions of this Article.

Article 5. Prohibited Acts

  1. The User may not engage in any of the following activities or any activity that the Company deems to meet the description of the following activities when using the Services:

    1. Any act that is in violation of law or that is related to a criminal act
    2. Any fraudulent or threatening act against the Company, the other users of the Services, or third parties
    3. Any act that is contrary to public order and morality
    4. Any act that infringes upon the intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of the Company, the other users of the Services, or third parties
    5. Any act that excessively burdens the networks, systems, etc. of the Services
    6. Any act that has the potential of interfering with the operation of the Services
    7. Any act of illegally accessing or attempting to illegally access the Company’s network or system
    8. Any act of reverse engineering of, decompiling of, or reverse assembly of the application programs of the Services or otherwise taking or analyzing the source code, or attempting to do so
    9. Any act of advertising, soliciting, or selling by making use of the Services without the Company’s prior approval
    10. Collecting information of other users of the Services
    11. Any act that causes detriment, loss, or displeasure to the Company, the other users of the Services, or third parties
    12. Offering benefit to anti-social forces, etc.
    13. xAny act that directly or indirectly gives rise to or facilitates any of the acts described in the preceding items
    14. Any other act deemed inappropriate by the Company

Article 6. Disclaimer of Warranties and Indemnity

  1. The Company does not warrant that the Services are fit for any specific User purpose, that they possess functions, merchantability, accuracy, or utility that the User expects, that the use of the Services by the User conforms to the laws or internal regulations of an industry organization that are applicable to the User, or that the Services are free of troubles.

  2. The Company is not liable for indemnification for any damage suffered by the User in connection with the Services (“User Damage”) as the result of suspension, discontinuation, termination, non-usability, or modification of the Services by the Company.

  3. Even when the Company is liable for some reason, the Company is not responsible for indemnifying the User for User Damage in excess of the amount that the User paid to the Company previously. Furthermore, the Company is not liable for incidental, indirect, special, or future damage, or lost earnings.

  4. The Company is not liable for any transactions, communication, or conflicts that arise between the User and another user or a third party in connection with the Services or the Company’s website.

Article 7. Handling of User Information

  1. User information is handled by the Company in accordance with the stipulations of the Company’s Privacy Policy (http://www.days7.jp/en/privacy/). The User agrees to the handling of the User information by the Company in accordance with the Privacy Policy.

  2. When collection and use of new user information and user-owned content is sought by the Services in addition to the content described in the Privacy Policy (http://www.days7.jp/en/privacy/), the User is notified of a revision to the Privacy Policy, and the User’s consent is obtained through the Services or the application before such information is collected or used.

  3. The Company reserves the right to use and disclose information and data furnished to the Company by the User at its discretion as statistical data in a form that does not allow identification of individuals. The User consents to such use and disclosure.

Article 8. Modification to the Terms

  1. The Company reserves the right to modify the Terms. When the Terms are modified, the Company notifies the User of such modification. Following such notification of modification, the Company confirms that the User consents to the modification through the Services or the application. If the User does not wish to consent to the modification, he or she must discontinue the use of the Services and the application.

Article 9. Communication and Notification

  1. Questions about the Services and other forms of communication and notification from the User to the Company, as well as notification regarding changes to the Terms and other forms of communication and notification from the Company to the User, are provided by methods established by the Company.

Article 10. Assignment of Contractual Status

  1. In the event that the Company transfers the business pertaining to the Services to another company, the Company reserves the right to assign its status regarding the terms of use, as well as its rights and obligations under the Terms, to the transferee of the business upon such business transfer. The User is deemed to have consented to such transfer herein in advance. Business transfers referred to in this paragraph include not only ordinary business transfers but also company splits and any other types of business transfers.

Article 11. Severability

  1. Even if any provision of the Terms or part thereof is determined to be either invalid or not executable in accordance with the Consumer Contract Act or any other regulation, the remaining provisions of the Terms and the remainder of any provision of which a part has been determined to be either invalid or not executable remain in full force and effect.

Article 12. Governing Law and the Court of Jurisdiction

  1. The Terms are governed by the laws of Japan.

  2. With respect to all conflicts that arise out of the Terms and those that relate to the Terms, the Tokyo District Court is the exclusive and agreed-upon court of jurisdiction of the first instance.

These Terms of Use shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these Terms of Use into any other language is for convenience of reference only and shall not bind the parties hereto.

Created: July 18, 2013

Revised: August 12, 2013