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Upon using the Service, the Users shall be deemed to have approved the application of the Terms and the compliance to the Terms.
BTS amends the Terms from time to time as necessary. Please confirm the Terms on each occasion of use because BTS does not give a prior notice to the Users in case of amendment. When the User uses the Service after the amendment, the User shall be deemed to have agreed to the amended Terms.
The Service may contain the contents provided by BTS and its partners, which are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other property rights and laws. The Users shall comply with and maintain all the copyright notices, information and restrictions contained in the contents which the Users access through the Services.
The word “contents” used in the Terms includes, but not limited to, information, data, text, photos, videos, audio data, articles, software, scripts, graphic data, and interactive functions which are created, provided or made available on or through the Service.
BTS do not guarantee the provision of contents on the Site or through the Service. BTS provides no guarantee as to the truth, accuracy, usefulness and legality, non-infringement of third party’s rights, fitness for a particular purpose of the information included in the contents. BTS, in its sole discretion, delete, edit or revise the contents, at any time, without prior notice, for any reason or without cause.
BTS have joined affiliate marketing, therefore, webpage of BTS may permit encoding affiliate links. When the Users click an affiliate link or makes purchase through an affiliate link, BTS may get commission. Also, BTS use Google to display advertising on its website. Google logs when the Users view specific pages, serves ads on BTS’s site and other sites about goods and services that may be of interest to the Users. Google uses the DoubleClick cookie to serve interest-based advertising. The Users may opt out of the use of the DoubleClick cookie by visiting Ads Settings in their Google accounts.
The Users shall promise not to use the Service for the following prohibited purposes specified in this section. The Users shall be responsible for all his/her acts related to the Service. In addition, the Users shall comply with all applicable laws, ordinances, regulations and other rules as well as internationally applicable laws, regulation and other rules.
The Users shall not perform acts falling under any of the following:
The User shall not, directly or indirectly, perform acts falling under any of the following:
BTS may access, read out, save and disclose any piece of information, in case BTS reasonably determines that such acts are required for the following:
The Service may provide the links to the other web sites, services, and other internet resources, including, but not limited to sponsors of BTS, and other web sites, services or other resources may provide the links to the Service. In case the User accesses resources provided by third parties on the Internet, the User shall do so on his/her own risk. BTS does not control the resources by the third parties, therefore, BTS has no liability for contents, functions, accuracy, legitimacy, appropriateness and all other aspects of these web sites and resources. Providing such links does not mean BTS supports the administrators of the sites, or BTS has the partnership with such administrators. Furthermore, the User shall confirm and agree that BTS have no liability, either directly or indirectly, for loss or damage, either actual or alleged, arising from or in any way related to using or trusting such contents, products or services provided on or through such web sites or resources.
BTS may terminate User’s access to a part or the whole of the Service immediately, regardless of the reasons, with or without notification to the User, at any time. All the provisions which should continue to exist after the termination because of their nature (including, but not limited to, ownership of rights, warranty disclaimer, exemption from responsibility, and limitation of liability) shall continue to exist after the termination.
BTS neither have a special relationship with the Users, nor does it have a duty of good faith to them. The Users agree that BTS shall have no duty to take actions against the following matters.
The Users may not blame BTS for whether User obtains contents through the Service. BTS makes no representation about any content contained in the Service or accessed through the Service. And BTS has no responsibility for the accuracy, compliance with the copyright, or legitimacy of the materials or contents contained in the Service or accessed through the Service.
The Service and the contents shall be provided as they are, and there is no guarantee, whether expressly or impliedly, in any kind (including, but not limited to, guarantee of ownership or non-infringement, implied warranty of merchantability or fitness for a particular purpose, and/or all the guarantees implied by the process or business practices). BTS, its directors, employees, representatives, suppliers, partners and/or content provider shall give no guarantee of the following issues: (ⅰ) that the Service is safe or available at a particular location and time, (ⅱ) that some kind of defects or errors will be corrected, (ⅲ) that contents or the software available on or through the Service contain no harmful components such as virus, or (ⅳ) that the outcome of using the Service is satisfactory to the User’s demand. All the Users shall use the Service at his/her own risk.
The Users shall indemnify and hold harmless BTS and its affiliates, the respective employees, contractors, directors, suppliers and representatives from and against all responsibilities, claims and expenses (including reasonable attorney’s fees) arising from or in connection with his/her use or misuse of the Service or contents, access to the Service or contents, or the Service or contents, or arising from or in connection with his/her breach or infringement of some kinds of intellectual property rights or rights of a third party by the Users. BTS shall reserve the right to assume exclusive defense and control of any matter to be indemnified by the User. In that case, the User shall support BTS and cooperate with it to provide every available defense.
Based on the legal and equitable principles with regard to contracts, tort and liability without fault, BTS and its directors, employees, agents, partners, suppliers and content provider shall not be liable for the followings with respect to the Service. However, this does not apply in the case of willful misconduct or gross negligence on the part of BTS.
The Terms shall be governed by and construed in accordance with the laws of Japan. Any dispute arising from or in connection with the Terms shall be resolved by Tokyo District Court as the exclusive jurisdictional court for the first place.
BTS reserve the right to modify or replace a part of the Terms, or change, suspend or discontinue the Service (including, but not limited to, any function, database, or providing contents), in its sole discretion at any time by posting the notice on the Site or notifying the Users through the Service or using proper communication tools such as e-mail. Furthermore, BTS, without holding any liability, may put restrictions on certain functions and the services, or restrict Users’ access to a part or the whole of the Service without giving notice. BTS will give notice about the revision when needed, but the Users themselves shall periodically confirm the revision of the Terms. If the User continuously uses the Service after the notice of change in the Terms, the Users are deemed to approve the change.
The Terms constitute the entire agreement between the User and BTS with regard to the Service including its use and shall supersede all prior or contemporaneous communication and proposals between the User and BTS on the Service (regardless of the measures, such as oral, written, or electronic ones). In case any provision of the Terms is determined to be unenforceable or void, such provision shall be restricted or deleted to the minimum extent required to maintain the validity and enforceability of the Terms. Any failure of either party to exercise a part of the right specified here shall not be deemed as further waiver of the right hereunder.
BTS has no liabilities with regard to its failures in the performance of obligations specified in the Terms arising from any causes beyond reasonable control of BTS (including but not limited to, mechanical or electronic causes, or malfunction or functional decline of communication.)
The Terms shall be applied solely to the Users, and Users may not assign, transfer or sublicense the right given under the Terms unless there is BTS’s written agreement beforehand. BTS, on the other hand, may assign or outsource the rights and obligations of BTS under the Terms, without User’s consent.
Unless otherwise prescribed in the Terms, all notifications under the Terms shall be in written, and notification shall be deemed to be completed when received in case of delivery by hand, certified mail or registered mail with acknowledgement of receipt, when receipt is confirmed electronically in case of delivery by fax or email, or on the day following the day of sending notification in case of next-day delivery service of generally accepted courier service providers. Any notification delivered electronically shall be sent to firstname.lastname@example.org.
Even if BTS does not execute a part of its rights under the Terms, it shall not mean that BTS relinquishes rights of such unused part or the other parts of the Terms. Even if BTS renounces compliance in a particular case, it shall not mean that BTS continues to renounce compliance in future. Renouncing the compliance with the Terms shall be binding only when BTS notifies such renouncement through its representative by a written notice.
Established on March 1, 2021
Revised on January 11, 2022