Article 1, Applicability
1. The purpose of these Terms and Conditions is to set forth the terms and conditions for providing the Services and the rights and obligations between the Webmaster and the Users (as defined below), and these Terms and Conditions shall apply to all aspects of the relationship between you and the Webmaster in connection with the Services.
2. Any rules for use of the Services posted on our website at https://hsptest.me/terms (the "Rules") shall constitute an mtegral part of these Terms and Conditions.
3. If there is any conflict between these Terms and Conditions and the Rules or any other description of the Services not provided for herein. these Terms and Conditions will prevail.
Article 2, Definitions
For purposes of these Terms and Conditions, the following terms have the following meanings.
(1) "Service Agreement" means not only these Terms and Conditions but also any other agreements relating to the Services to be executed between the Webmaster and the User.
(2) "HIP Rights" means copyrights, patents, trade marks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
(3) "Webmaster" means provision of the Services.
(4) "Website" means such website as may be from time to time operated by the Webmaster, whose domain name is (hsptest.me) (or if such website's domain name or content has been modified for any reasons, such modified website).
(5) "User" means any person or entity that has used the Service.
(6) "Services" means any and all services provided by the Webmaster under the name HSP TEST (or if such name or the content of such services has been modified for any reasons, such modified services).
Article 3, Usage
3. The Webmaster reserves the rights to refuse use of any Applicant without any obligation to disclose the reasons, in the event that:
(ⅰ) The Applicant is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
(ⅱ) The Applicant was determined by the Webmaster to (ⅰ) constitute an organized crime group or a member thereof. rightist organization, anti-social force, or other similar person or entity ("Antisocial Force"), (ⅱ) have any interaction or involvement with an Antisocial Force, or (ⅲ) assist or be involved in the maintenance, operation or management of an Antisocial Force bY way of finance or other means;
(ⅲ) The User was determined to have been in violation of any agreements with the Webmaster, or to have involvement with a defaulting party of any such agreements;
(ⅳ) The User has suffered any of th e measures under Article 7; or
(ⅴ) In addition to the foregoing, the Webmaster deems the use inappropriate.
Article 4, Prohibited Actions
When using the Services hereunder, the User may not conduct any of the following acts or any act that the Webmaster determines falls under any of the following:
(1) acts that violate any laws or regulations or that are associated with criminal activity;
(2) acts that defraud or threaten the Webmaster, other Users or other third parties;
(3) acts against public order and good morals;
(4) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Webmaster, other Users or other third parties;
(5) acts that place an excessive burden on the network or system of the Services;
(6) acts that threaten to interrupt the operation of the Services;
(7) acts to access or attempt to access the system or network of the Services improperly;
(8) acts to impersonate a third party;
(9) acts to collect Information of other users of the Services;
(10) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
(11) acts to provide Antisocial Forces with profit;
(12) acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
(13) other acts that the Webmaster deems to be inappropriate.
Article 5, Suspension of the Services
1. The Webmaster shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:
(1) Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
(2) Computers or communication lines have been disrupted due to an accident;
(3) The Webmaster becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
(4) The Webmaster determines that suspension or discontinuance is required for other reasons.
2. Under no circumstances shall the Webmaster be liable for any damages incurred by the User arising out of any measures taken by the Webmaster pursuant to this Article 5.
Article 6, Ownership of RightsAny and all IP Rights related to the Website and the Services are expressly reserved by the Webmaster or the Webmaster's licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Webmaster or the Webmaster's licensor.
Article 7, Suspend of Use
1. The Webmaster may, without prior notice or demand, suspend the use by the User of the Services, in the event of any of the following:
(ⅰ) The User failed to company with any of provisions hereof;
(ⅱ) the User has not responded to inquiries from the Webmaster or other communications requiring its response for 30 days or more;
(ⅲ) In addition to the foregoing, if the Webmaster determined that it is not inappropriate for the User to use the Services, or have the Service Agreement remain in effect.
2. The Webmaster shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Webmaster pursuant to this Article 7.
Article 8, Services Modification and Termination
1. The Webmaster shall be entitled to at any time modify or terminate the Services in its own discretion.
2. The Webmaster shall not be liable for any damages incurred by the User arising out 0£, or in connection with, any actions taken by the Webmaster pursuant to this Article 8.
Article 9, Disclaimer and Waiver of Warranties
1. THE WEBMASTER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limit ed to any representation or warranty (ⅰ) of fitness or suitability for a particular Purpose contemplated by the User, (ⅱ) that the Services have expected functions, commercial value, accuracy, or usefulness, (ⅲ) that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (ⅳ) that the Services will be free of interruption or defects).
2. Under no circumstances shall the Webmaster be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Webmaster of the Services, cancellation or loss of messages or information transmitted by the User to the Services, failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services ("Damages").
3. Even if the Webmaster is liable due to any reason, the Webmaster shall not be liable to compensate the User for damages above 10,000 yen and shall not be liable for any incidental, indirect, special, or future damages and loss in profits.
4. The Webmaster shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or a third party in connection with the Services or the Website.
Article 10, ConfidentialityThe User shall keep confidential any and all non-public information disclosed by the Webmaster to the User for which the Webmaster has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Webmaster.
Article 11, Treatment of User Information
2. The Webmaster may, in its sole discretion, use or make public any information or data provided by the User to the Webmaster as statistical information in a form that cannot identify and individual, and the User may not challenge or dispute such use.
Article 12, AmendmentsThe Webmaster reserves the right to amend or change these Terms and Conditions.
Article 13, NoticeAny inquiries with respect to the Services or other communications or notices from the User to the Webmaster, or the notices concerning any amendment to these Terms and Conditions or other communications or notices from the Webmaster to the User shall be made in accordance with the Procedures specified by the Webmaster.
Article 14, Assignment
1. The User shall not assign, transfer, grant security int interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of the Webmaster.
2. In cases where the Webmaster has assigned the business regarding the Services to a third party, the Webmaster may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this Article 14.2, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Webmaster that would result in a business transfer.
Article 15, SeverabilityIf any provision of these Terms and Conditions or part thereof is held to be in valid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect
Article 16, Governing Law and Jurisdiction
1. These Terms and Conditions shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
2. Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.