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- The words herein shall be defined as the following meanings.
- (1) “Member” shall mean the person who consent this Agreement and apply to the membership registration in accordance with the procedure set forth in Article 3, and has been accepted and granted a membership ID by THine.
- (2) “ID” shall mean e-mail address for Member identification that Member filled in the membership registration procedure set forth in Article 3.
- (3) “Service” shall mean the services that Member may use on the members-only website managed by THine
- (4) “Member Information” shall mean all information filled in the membership registration and modification procedure set forth in Article 3, including without limitation to the ID and password set forth in Article 4.
- (5) “Member Information Database” shall mean the database of all Member Information managed by THine.
2 Use of Service
- 2.1 All Members shall agree the terms and conditions of this Agreement and pass the membership registration procedure set forth in Article 3.
- 2.2 Member shall use the Service in accordance with the usage set forth in this Agreement and THine’s instruction.
3 Membership Registration
- 3.1 To apply for the membership registration of the Service, all persons shall fill in the application form for new membership registration and provide THine with their name, e-mail address, address, phone number and other requested information, through the THine’s website.
- 3.2 The applicant shall be deemed Member at the moment that THine accepts the application for the membership registration and notify such applicant of the registration, provided that THine may reject the application in case that such applicant is non-qualified as Member according to this Agreement or THine’s judgment.
- 3.3 Member shall immediately notify THine of the change of Member Information in accordance with the procedure prescribed by THine.
- 3.4 In the event of no notification of the previous section by Member, THine shall not be liable to such Member for compensation or damages of any kind whatsoever, including direct, incidental, or consequential damages, incurred by reason of such non-notification.
- 3.5 In the event of any of the following event, THine may revoke the acceptance for the membership registration. In this case, THine shall not be obliged to provide any reason for such revocation.
- (1) False or defect of the Member Information.
- (2) Past deregistration of Member
- (3) Double registration
- (4) Prohibited actions set forth in Article 8
4 ID and Password
- 4.1 After the acceptance of membership registration, THine will issue the ID and password for the Service to Member.
- 4.2 Member shall be responsible for management and usage of the ID and password, and shall not transfer or rent to any third parties.
- 4.3 THine shall not be liable to such Member for compensation or damages of any kind whatsoever, including direct, incidental, or consequential damages, incurred by reason of Member’s intent or negligence and any third party’s usage of the ID and password.
- 4.4 In case of loss or theft of the ID or password, Member shall immediately notify THine of such loss or theft.
5 Use of Information provided by Member
- 5.2 In the Service, cookies are used on the website for the purpose of improving the Service. If Cookies are disabled in a computer used by Member, a part of the Service cannot be used.
- 5.3 If Member provides THine, in relation to this Service, with its own information including Member’s idea relating to technique, sale and product, excepting the personal information of Member, any and all rights relating such information shall be deemed to transfer to THine at the time of such provision. Also, if any non-transferable information, Member shall covenant and agree not to exercise any rights relating to such information. THine shall not be reliable to protect the confidentiality of, use and evaluate such information
6 Modification and/or Deletion of information provided by Member
- 6.1 THine may modify and/or delete the information provided to THine by Member in relation to the Service without prior notice to Member. In this case, THine shall not be obliged to provide any reason for such modification and/or deletion.
- 6.2 In relation to the previous section, THine shall not be obliged to modify and/or delete such information provided by Member.
7 Protection of Intellectual Property Right
- 7.1 In relation to the Service, the information relating to THine products, services and techniques, provided to Member by THine, shall be protected by patent law, utility model law, design law, trademark law, copyright law and other intellectual property-related laws. Member shall not use (including copy, distribute, transfer and translate, the same shall apply hereafter.) such information for non-private use or beyond the extent expressly permitted by law unless prior explicit consent of THine.
- 7.2 The trade name, trademark and seal on the THine’s website shall be protected by trademark law, unfair competition prevention law and other related laws. Member shall not use without prior explicit consent of THine.
8 Prohibited Actions
- In relation to the Service, Member shall not perform any of the following actions:
- (1) Infringement action against THine or its properties (including intellectual property rights),
- (2) Abuse and Infringement action of the image rights and/or privacy of THine or third parties,
- (3) Criminal action,
- (4) Offensive action to public order and morals,
- (5) Election campaign,
- (6) Violation action of the rule set forth in Article 7,
- (7) Operation action by the use of the Service without prior consent of THine,
- (8) Business interference with the Service or other operations managed by THine (including its possibility),
- (9) Manipulation or disclosure to third parties of the information relating to or provided through the Service,
- (10) Posting or uploading of harmful computer programs,
- (11) Illegal action (including its possibility),
- (12) Disclosure to third parties of the Member Information,
- (13) Use of the Service by masquerading as other persons (including non-exist person),
- (14) Violation action of the terms and conditions of this Agreement, or
- (15) Other improper action in THine’s judgment.
- 9.1 Member shall be deemed to be disqualified from membership of and withdraw from the Service in the event of any of the following events:
- (1) Deletion of membership registration acceptance by THine,
- (2) Judgment by THine that Member infringed the terms and conditions of this Agreement,
- (3) Withdrawal application by Member in accordance with the procedure prescribed by THine
- 9.2 The Member information of Member withdrawn under the previous section shall be deleted from Member Information Database.
10 Changing and Termination
- 10.1 THine may change and/or terminate all or part of the Service without prior notice to Member.
- 10.2 THine shall not be reliable to Member for compensation or damages of any kind whatsoever, including direct, incidental, or consequential damages, incurred by reason of such non-notification.
- 10.3 THine may terminate all of the Service with prior notice to Member
- 11.1 THine may suspend all or part of the Service, in case of natural disaster, failure or maintenance of communication facilities or other unavoidable problems (including its possibilities). In this case, THine makes commercially reasonable efforts to notify Member of such suspension.
- 11.2 THine shall not be liable to Member for compensation or damages of any kind whatsoever, including direct, incidental, or consequential damages, incurred by reason of the suspension under the previous section.
12 No Warranty and Indemnification
- 12.1 THine shall not make any express, implied or statutory warranties, including without limitation to warranties of accuracy, completeness, performance, merchantability, fitness for a particular purpose and non-infringement regarding the information posted by Member or provided by THine through the Service.
- 12.2 Unless otherwise specified in the terms and conditions of other services, THine shall not be liable to Member and the other third parties for any damages arising out of the use of the Service.
- 12.3 THine shall not be liable for any websites accessed by Member through the link, and shall not have any relation with the linked entities.
- 12.4 THine shall not be liable for any damages arising out of manipulation or deletion of information regarding the Service by Member or third parties.
- 12.5 THine shall not be liable for any damages arising out of deletion of Member Information under the Article 3 and 10.
- 12.6 THine shall not be liable to Member and the applicant for any damages arising out of computer, communication facility prepared by Member for accessing the website regarding the Service
13 Governing Law and Jurisdiction
- 13.1 The Service and Agreement shall be governed by and interpreted in accordance with the law of Japan without reference to its conflicts of law.
- 13.2 All disputes related to or arising out of the Service and Agreement shall be brought solely in the district court of Tokyo, Japan.
14 Dispute between Member and third parties
- 14.1 In case of dispute between Member and third parties, Member shall resolve such dispute at Member’s own risk and expense.
- 14.2 Member shall be reliable to THine for any damages related to or arising out of the dispute of the previous section.
- 15.1 THine will give notice to Member by the appropriate way judged by THine including without limitation to e-mail, postal mail and telephone.
- 15.2 In case of notice to all Members, THine may post on its website instead of the notice way under the previous section.
- Member shall contact THine in relation to the Service by e-mail to the address prescribed by THine
- THine may modify all or part of the Agreement without prior notice to Member. At the time of posting such modification on the THine’s website, Member shall be deemed to accept such modification and such modification shall be applied to Member.
Dec. 1 2013
THine Electronics, Inc.