This agreement provides the terms of service ("TOS") for "YUREX" [http://yurex.jp] ("the YUREX services") that presented and operated by KAYAC Inc ("KAYAC"). By using the YUREX Services, you accept and agree to be bound by the terms of the TOS.
The terms used in our TOS are defined below
· [KAYAC]: KAYAC Inc.
· [the YUREX site]: Exclusive website for YUREX users (http://yurex.jp)
· [User]: Viewer of this site including YUREX user
· [YUREX User]: Person who connects to the YUREX services under the agreement of our specific terms and conditions that KAYAC has separately determined.
· [Registered Information]: Information that the YUREX user has registered with the YUREX site.
· [Personal information]: Information registered with our services that identify a specific individual (i.e.; Email addresses etc.)
· [YUREX body]: Exclusive YUREX terminal required to receive the YUREX services
· [Serial Number]: Production number that is assigned on each YUREX body
· [Password]: Combination of English letters and numbers set by YUREX user in order to login to the YUREX site without connecting the YUREX body
1. You can use the YUREX site and the associated services for the YUREX body
2. The YUREX services may be used by a person who owns the YUREX body and follows the user instructions required to install the necessary software(s), connect the YUREX body to a computer through an USB cable and transmit the information stored in application required to use the YUREX service.
3. In order to use the YUREX services, please read carefully the TOS and the "Cautions" that came with the YUREX body. Please ensure you understand and agree before use.
4. YUREX user agrees that KAYAC has the right to refuse any and all use of the YUREX services mentioned above under the specific circumstances if;
· Applicant is temporarily suspended or terminated for using this site in the past
· Person is restricted to register with the YUREX user registration made by KAYAC's sole discretion
· User is under 15 years old
· KAYAC concludes that said person is inappropriate
1. YUREX user is solely responsible for all expenditures and maintaining the confidentiality of all verification information such as; serial number provided with YUREX body and/or password. And you may not to permit anyone else to use, lend, hand over, purchase, pawn or disclose the verification information at any time.
2. YUREX user agrees to notify promptly using the YUREX services set out method if there are any changes to the information that you have registered with the YUREX services. KAYAC has no responsibility for any loss that may occur from your failure to provide KAYAC with accurate information and change(s).
3. YUREX user is solely responsible for any loss may cause by insufficient management of verification information at YUREX user end causing leakage information, incorrect action, use by third parties and illegal access, KAYAC has no responsibility for any breach. If by any chance, consequential loss or damages that KAYAC may suffer which may be incurred by your failure to secure verification information, you - the YUREX user is solely responsible and will compensate for the consequences of any such breach.
1. In order for YUREX user to use the YUREX services, you understand and agree to provide all the necessary equipment such as; YUREX body, computer, Internet access, KAYAC defined application and follow the instructions KAYAC has designated separately to download the YUREX services related application.
2. All rights including copyright for the YUREX site and all related applications ("YUREX applications") including that are related to the YUREX services are owned by KAYAC and/or a third-party. YUREX users may not reprint, copy, modify, reverse engineer, reverse compile, store or distribute any of the YUREX applications unless you have a written consent from KAYAC.
3. The YUREX applications sends the YUREX user's serial number and stored information from the YUREX body to the server that is operated by KAYAC. An Internet connection is required in order to provide the YUREX services.
1. You are wholly responsible for all risks and you are required to make your own judgement as to the authenticity of all information provided in the YUREX services. The use of these services is used at your own discretion.
2. You are solely responsible for all consequences that may occur as the result from using of the YUREX services. If any problem(s) may occur, you will take all responsibility and rectify the situation. All expenditures must be paid by you and you may not involve KAYAC in any disputes.
3. YUREX user is solely responsible for all information(s) ("submitted information(s)") entered into the MY RECORD including; any information submitted by the user to the YUREX services. Each user takes his/hers own risk and responsibility for the authenticity of all submitted information and your use of the services is at your own discretion. KAYAC has no responsibility for the content(s) of the submitted information.
4. If a YUREX user violates the Copyright Law, invades the right of privacy or other's rights by submitting information, you will take all responsibility and liabilities. All expenditures must be paid by you. KAYAC will not participate by any means. YUREX user acknowledges that KAYAC has sole discretion to terminate the violated YUREX user or delete the violated submitted information without notice if other user reports the violation act to KAYAC.
5. YUREX user retains copyright in information that was submitted, and you guarantee to KAYAC that they (KAYAC) legitimately owns the copyright on the content and you have the intellectual property rights as well as in the right to use it lawfully.
6. YUREX user acknowledges that you have responsibility to provide all the necessary equipment; software, means of communication properly at your own expense in order to use the YUREX services.
7. YUREX user understands and agrees that if you lose the user qualification by discretion of KAYAC or by your own decision, your right of use of the YUREX site will become void immediately.
1. All copyrights in names and/or pictures/images used in the YUREX services are reserved by KAYAC or third-party organization. Whether specified or unspecified KAYAC will not give any authority of trademarks and/or copyrights to any users. You acknowledge that KAYAC prohibits you to reproduce, copy, reprint, sell or resale for any secondary purpose or use by any organization either profitable or non-profitable, private or group(s).
1. YUREX user may terminate use of the YUREX services at any time by your own judgment or through the KAYAC set out method. By terminating your use of the YUREX services, you will lose all YUREX user rights including use of the YUREX site.
2. YUREX user consents and agrees that KAYAC has sole discretion to terminate YUREX user without prior notification if the YUREX user fits or possibility fits the following criteria indicated below; Breach of the TOS- Conduct of prohibited action, set out in Section 8- Death of YUREX user- Otherwise KAYAC concludes that person is unfit as a YUREX user
3. YUREX user must compensate for damages and loss incurred if KAYAC and/or third-party suffer any damage(s), loss In the preceding clause.
4. KAYAC has no obligation to disclose the reason for the user suspension or termination indicated in the second clause above.
5. By termination of use set out in this provision, the conducted contract between YUREX user and KAYAC shall be cancelled and YUREX user may lose all rights for using the YUREX services.
1. YUREX user acknowledges and agrees that you may not conduct any of the following actions or behaviors when using the YUREX services;
· Theft or misuse of all copyrights that KAYAC and/or third-party's reserve, i.e. infringement of proprietary rights, any intellectual property rights including copyrights, rights of individual photograph use and publicity rights.
· Inflict loss and/or damage to other YUREX user(s), KAYAC and/or third-party.
· An act contrary to public policy or KAYAC made discretion required for your violation(s).
· Violate the law and order or encourage, induce or persuade to violate.
· Utilize the YUREX services for commercial purpose without the consent from KAYAC.
· Obstruct the YUREX services operation.
· Impair or damage the confidentiality of the YUREX services.
· Illegal use of registered information.
· Knowingly induce any violations described in each of the previous clauses.
· Otherwise any violations concludes by KAYAC.
2. You consent and agree that we prohibit to reprint, copy or transmit any content of the YUREX services without our consent.
1. You acknowledge and agree that KAYAC may without prior notice stop providing their service and / or all of the YUREX services temporarily to you at KAYAC's sole discretion.
· KAYAC is required to perform routine or emergency maintenance on the YUREX service equipment(s).
· Unable to provide the YUREX services due to the natural disaster such as; fire, power failure, eruption, flood or tidal wave.
· Unable to provide the YUREX services due to the following political matters such as war, disturbance, riot, upheaval or labor dispute.
· Operational reason to stop the YUREX services temporarily by KAYAC's sole discretion otherwise.
2. KAYAC has no responsibility for any damage or loss that may incur to the end user or any third-party caused by temporarily delay or stoppage due to the reasons indicated in the preceding clause of all or part of the YUREX services.
1. You acknowledge and agree that KAYAC may end providing all or part of the YUREX services with prior notice to the users on the YUREX site. By giving notice on the YUREX site, KAYAC has not assumed responsible for any consequences that may be incurred by the termination of such services.
1. You acknowledge and agree that KAYAC makes all possible effort to maintain the quality of the YUREX services. We provide, although not all information it is always accurate and/or effective. YUREX user understands and agrees that you retain all responsibility for any damage that may incur by using the YUREX services, and KAYAC has no responsibility in any way.
2. There is no guarantee that that because of the user's participation on this service, will improve his/her lifestyle.
1. You understand and agree that KAYAC is not liable and/or responsible for any legality and/or morality, permission for the rights, authenticity of the information provided or any damage which may be incurred or any loss which may be triggered by the YUREX services.
2. You understand and agree that KAYAC has no responsibility for any trouble (i.e. suggest any illegal or contrary to public policy act, defamation of character, insult, invasion of privacy, intimidation, libel, slander, harassment) may incur between YUREX users, and you must resolve by your own expense and own responsibility if you are notified and have a dispute.
3. You understand and agree that KAYAC has the right to claim for all damages that may incur caused by YUREX user's action. YUREX user must compensate all expenditures caused to KAYAC and/or third-party.
4. You understand and agree that KAYAC is not liable for any damage that may incur caused by invalid display in the YUREX services due to the computer system's technical issues or any other reason.
5. You understand and agree that KAYAC is not liable for any damage that may be incurred caused by the condition of the computer, circuit and/or software used by the KAYAC user. KAYAC may notify users of any recommended system and condition requirements separately.
6. You acknowledge and agree that any material including computer virus downloaded or otherwise obtained through the use of YUREX services, partner's media or/and third-party websites including advertiser's sites at your own discretion and risk. KAYAC is not liable for any damage to your computer system, circuit or software that results from the download of any such material.
7. You acknowledge and agree that the contents, names and form of the YUREX services which KAYAC provides may change from time to time without prior notice. KAYAC has no responsibility for any damage/inconvenience that may occur by these changes.
8. You acknowledge and agree that KAYAC may delete any problematic information you submitted without any explanation and/or suspend the use of the YUREX services without notice. At KAYAC's discretion the YUREX user's action comes under the section 8 - prohibits actions, violates the YUREX TOS or possibility of committing the violation. You agree that you have no rights to make any formal objection or/and claim of compensation against KAYAC for this matter.
9. You understand and agree that KAYAC has sole discretion to utilize the YUREX user's submitted information and to produce and publish advertisements without user consent.
10. KAYAC will not bear any responsibility for loss of earnings that may incur by any reason to the YUREX user. Compensation may occur between the YUREX user and third-party, and any damages or claims may occur by the result for using of the YUREX services including YUREX application to YUREX user and/or third-party.
2. You understand and agree that when KAYAC collects a YUREX user's private information including email addresses through surveys it may conduct on the YUREX system, we will indicate the purpose for the use of collected information clearly prior to conducting the survey.
3. Unless otherwise specified in the law, KAYAC will not disclose YUREX user's private information registered with YUREX services to any third-party.
Section 14 [Revision of the agreement]
1. KAYAC retains the right to revise the TOS at any time and any revisions become effective immediately after once published to the YUREX site.
2. User acknowledges and agrees that by using the YUREX services after the revision takes effect on the TOS, you have consented to all terms in the TOS and any revised TOS that has now come into effect between the user and KAYAC.
3. User acknowledges and agrees that you may not raise any objections for not knowing or/and not aware of any revision made.
1. The district court stipulated by KAYAC shall have the exclusive jurisdiction of the first trial for the lawsuit of any and all disputes arising in connection with the use of the YUREX services.
2. Governing law for the TOS shall construct in accordance with the law of Japan.
Effective date: April 24, 2009
Where KAYAC has provided you with a translation of the Japanese language version of the Terms, then you agree that the translation is provided for your convenience only and that the Japanese language versions of the Terms will govern your relationship with KAYAC.
If there is any contradiction between what the Japanese language version of the Terms says and what a translation says, then the Japanese language version shall take precedence.