learningBOXTerms and Conditions
Article 1 (application)
- 1. Terms and Conditions apply between users who use learningBOX and its associated services, such as QuizGenerator, CardGenerator, etc., and Tatsuno Joho System K.K.
- 2. You must agree to Terms and Conditions before applying to use the service.
- 3. If you are a minor, you must obtain the consent of a person with parental authority or other legal representatives before using the service.
- 4. Any legal action related to the service cannot be revoked if you falsely claim to have consent or to be an age of majority, using the service by falsely claiming to be a majority with regard to a person who is legally responsible to act despite the absence of the consent of the legal representative, or otherwise leads others to believe that you are legally responsible
- 5. If you are minor at the time when you agree our Terms and Conditions use the service after reaching the age of majority. You shall be deemed to have acknowledged all legal actions related to the service. Living in the EU may not use the service because we are not ready for general data protection regulation.
- 6. Living in the EU may not use the service because we are not ready for general data protection regulation.
Article 2 (amendments)
- 1. We can change the contents of our Terms and Conditions without having an agreement of our Terms and Conditions with each user that we assume he/she agrees with the modified Terms and Conditions after its amendment, in the following cases.
- (I) The amendment of our Terms and Conditions is consistent with the general interest of you;
- (ii) The amendment of our Terms and Conditions is not contrary to the purpose for which our Terms and Conditions were made and is reasonable in light of the necessity of the amendment, the reasonableness of the content after the amendment, and other circumstances pertaining to the amendment.
- 2. We specify the time when an amendment of our Terms and Conditions will take an effect and indicate the content of the amendment on the website, in the event of any changes to our Terms and Conditions, pursuant to the preceding paragraph.
Article 3 (account *Please confirm if you plan to sign up for an account to the service.)
- 1. When you register his/her information to use the service, you must provide true, accurate, and complete information.
- 2. If you register a password to use the service, you shall be required to provide the password. You are responsible for ensuring the password strictly. We consider any act done by using the registered password to be an act of you him/herself.
- 3. You who have signed up for the service may delete or cancel their accounts at any time.
- 4. If we find that you have violated or has any potential to violate our Terms and Conditions. We may suspend or delete your account without giving any notice in advance.
- 5. Your account on the service is the sole and your exclusive property. Your user right of the service cannot be transferred, lent, or inherited by any third party. However, except your subsidiaries, companies, and individuals who have entered into a franchise agreement with you are not considered as a third party, and they are granted the same user rights as you.
- 6. Living in the EU may not use the service because we are not ready for general data protection regulation.
Article 4 (suspension of service provision)
1. The company may suspend the provision of our service if any of the following conditions are applied.
- (1) When we are under the unavoidable circumstance to provide our service e.g.) Maintenance or construction of the system of the service
- (2) When we decide that the service cannot be provided due to fire, power outage, etc.
- (3) When we decide that this service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, and tsunamis, or wars, disturbances, riots, mayhem, labor disputes, etc.
- (5) In addition, when we determine that it is necessary to stop the service for operational or technical issues.
2. If the user has any of the following reasons, we may stop providing the service and terminate the contract.
- (1) When it turns out that there was a fault in the application to your company information or the contents of the communication, etc.
- (2) When payment is suspended or being a lack of ability for payment to our service.
- (3) When we received seizure, provisional seizure, or when we received a petition for auction or provisional disposition
- (4) When the commencement of bankruptcy proceeding, commencement liquidation proceedings, commencement of company reorganization proceedings or civil rehabilitation proceedings are filed.
- (5) When all or a significant part of the dissolution or sales is transferred to a third party
- (6) Other cases in violation of these terms
3. If we suspend the service provision in accordance with paragraph 1, we will post a notice on our website in advance. We will publish a notice about the effect and notify each user by email. If we suspend the service in accordance with paragraph 2, we will notify each user in advance by email or in writing if we stop providing the service. However, the above condition does not apply if we deem it to be an emergency.
Article 5 (change of service content and its abolition)
- 1. If we deem it necessary, it shall be able to change or abolish the content of the service.
- 2. If we change or abolish the content of our service in accordance with the preceding paragraph, we will notify the user by email or the other methods within 30 days before the date of the change or abolition.
- 3. If the company changes or abolishes the content of this service in accordance with the provisions of the preceding paragraph, we provide the program free of charge to the user to and we set up to run the service for the user continuous provision. The cost required for this setting will be paid by the user.
Article 6 (copyright etc.)
- 1. The user may use or disclose the information provided through our service beyond the scope of the private use of the user specified by the copyright law without obtaining the consent of the copyright owner, such as the copyright. In addition, users are prohibited from reprinting, copying, storing or transferring the contents of our service without permission from us.
Article 7 (prohibited act)
1. The user shall not perform the following acts in using the service.
- (1) Acts that infringe or may infringe any rights, including the copyright and other intellectual property rights of us or a third party, in relation to the documents or programs provided for the use of the service.
- (2) Transfer, lend, or disclose documents or programs provided for the service use to a third party without the prior written consent of us
- (3) Reverse compilation, disassembly, reverse engineering and other analysis of data, programs etc. of this service, and actions to copy, edit, modify and adapt, etc.
- (4) Transfer the right to receive the service provision to a third party.
- (5) Acts that we deem it to impede the service operation
- (6) Unauthorized use of a user ID or a password
- (7) Act of using a computer program that may interfere with the service or the work of another person, such as a computer virus through using the service, or providing it to a third party.
- (8) In addition to the original purpose, any act that may overload our servers and other facilities
- (9) Acts that lead to the intentional failure of servers and equipment, etc.
- (10) Act of obtaining profit from the third party using the service, however, this section is not applicable when using the payment function and payment function API provided by the service
- (11) Acts that damage the company’s social credibility.
- (12) Sending advertisement, advertising, or solicitation e-mails (unsolicited advertisements, spam e-mails, e-mails that the recipient does not wish) to the recipient without permission
- (13) Act against public manner and morals
Article 8 (information handling and management responsibilities)
- 1. The user shall manage the error mail to be returned if the user sent an error using this service (error indeterminate, refusal to receive by mail filter of destination, etc.).
Article 9 (handling of user data and content)
- 1. We have no obligation to back up your data stored on our server. Therefore, you shall have an obligation to back up your data by your own duty. If maintenance or improvement of the services would require, we can duplicate your stored data on our server for the service maintenance or improvement to the necessary extent.
- 2. The copyright of the content uploaded by you to the service is belonging to you or the copyright holder of the content. However, we deem that you grant a license to use the content (including sublicense rights) for which you upload to the service by specifying the quiz publication function as the 'publish quiz to "Open quiz"' or disclose to the unspecified parties through the service, for free and for an unlimited period of time on a non-exclusive basis inside and outside of Japan (including reproduction, screening, public transmission, display, exhibition, distribution, transfer, loan, translation, adaptation, and publication). Users shall not exercise their moral rights.
Article 10 (secrecy)
1. Regarding the provision of the service, the company shall maintain the information, or the materials provided by users that are clearly specified as confidential under an administrator’s goodwill.
2. Personal information about your members who are recorded by you through using the service shall be only the information described as confidential explicitly in the preceding paragraph.
3. Notwithstanding the provisions of paragraph 1, any information or material that falls under any of the following items are not necessary to treat them as the confidential.
- (1) The information is generally available
- (2) Those already owned by the company
- (3) The company independently developed outside of this service
- (4) The company legally obtained it from a third party
4. We treat your recorded personal information of your members using the service in accordance with paragraph 1 as well.
5. The provisions of this article shall continue in effect even after the service has been terminated.
6. The information recorded by you using the service at the time of the termination of the provision of the service shall be destroyed all of them.
Article 11 (about advertising)
- We shall be able to post advertisements of the company or third parties who have made postings to the company in the provided services or software.
However, advertising on the service is limited to free users.
Article 12 (customization of wording)
- The design-customization and dedicated server plan have a duty in which each service is accompanied by up to 16 hours of revision of design and wording at the time of contract and contract renewal. If you plan to do the design customization after the second time during the same contract period or for more than 16 hours for the customization of words or designs. We will provide you a quote upon consultation between you and us.
Article 13 (our liability)
1. We provide the services under the through security as much as possible, but in case of damage to our facilities and customer’s data, etc. Caused by a third party’s malicious act. Please note that we cannot take any responsibility as such compensation or restoration.
2. The company shall not be liable in the event of a dispute between a user and a third party about the use of the service.
3. We shall not be liable for any damage caused by the modification, suspension, or termination of the service.
4. We have no liability against our action whether we delete the content in the public domain, we have the discretion to delete the content as well as having the ability to decide whether to accept or reject the offer when we get a request from other users or a third party.
5. We do not guarantee the accuracy of the information disclosed by other users of the service. We have no liability for any disputes or problems related to the information contained in the service.
6. You accept in advance that there is a possibility of defects that may occur in the operation in accordance with the upgrade of the OS of the information terminal used for the service as well as the service is not compatible with all information terminals and not be available to all information terminals. In the event of such a problem, we do not guarantee that the bug would be solved by fixing our program.
Article 14 (exclusion of anti-social forces)
1. You and we declare and guarantee not to fall under any of the following items currently and in any future.
- (1) A gangster or a gangster who is involved in his or her own management or is substantially involved in the management of his or her own company, those who have not been a member of a crime syndicate for 5 years from the time they ceased to be a member of a crime syndicate, associate members of a crime syndicate, companies affiliated with crime syndicates, and general meeting managers, social movements, violent groups, or other anti-social forces.
- (2) Having a relationship with an anti-social force that is deemed to control the management of the company.
- (3) Having a relationship with an antisocial force that is found to be substantially involved in the management of the company.
- (4) Having a relationship with an antisocial force that is deemed to use its force for the purpose of gaining an unfair advantage for itself or a third party or for the purpose of causing damage to a third party.
- (5) Having a relationship with antisocial forces, such as providing funds or other benefits to them.
- (6) A member of one's own board of directors or a person substantially involved in one's own management has a socially reprehensible relationship with antisocial forces.
2. You guarantee that you and we shall not perform any of the following acts to the other party or representing and warranting that you will not use any third party to take such action.
- (1) Unreasonable demands using violent or threatening language or behavior.
- (2) Damaging the reputation or credibility of the other party.
- (3) Interfering with the business of the other party by means of deception or force.
- (4) Any other similar acts.
3. In the case, if you or we have found that the other party has violated any of the preceding two paragraphs, or has made a false declaration, Terms and Conditions may be terminated immediately upon notice with the intent to be announced in writing (including by email or other electromagnetic means). In this case, no claim for damages based on such release may be made against the other party who has been the other party that has violated either of the preceding two paragraphs or has made a false declaration may exercise the right of cancellation.
(4) This does not preclude a claim for damages by the party exercising the right of cancellation against the other party with the release set forth in the preceding paragraph.
Article 15 (Jurisdiction)
1. In the event of a dispute between you and we, Kobe district court shall have exclusive jurisdiction of the first instance.
Article 16 (Governing law, etc.)
1. Notwithstanding the provisions of the general rules for application of law and other applicable laws, these Terms and Conditions are governed by the laws of Japan.
2. Terms and Conditions have been written in Japanese and it shall be in the original language. Original Terms and Conditions shall prevail over translations of Terms and Conditions in other languages.
Date of establishment: April 6, 2016
Revised august 16, 2018
Revised august 23, 2018
Revised on September 10, 2019