Quina Terms of Use
These Terms of Use sets forth the terms and conditions for the use of this service, which is operated by the Company.
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(Terms)
The terms and phrases used in these Terms of Use are defined as follows.
- Terms of Use: These terms of use
- The Company: Keystone Agency LLC
- The Services: Collective term for various services provided by the Company on the Website.
- The Website: http://www.quina.jp
- Users: Those who use the Service
- Intellectual Property Rights: Industrial property rights such as patents and trademarks, intellectual property rights such as copyrights (including rights stipulated under Articles 27 and 28 of the Copyright Act), and other rights
- Antisocial Forces: Organized crime sydicates, organized crime syndicate members, persons for whom five years have not passed since they ceased to be organized crime syndicate members, quasi-organized crime syndicate members, organized crime syndicate-related companies, corporate racketeer, socially motivated groups, or special intelligence violent groups, or other similar persons
- Equipment: Equipment, communication line, software, and all other means
- Confidential Information: Personal, customer, corporate, and all other information
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(General Provision)
- These Terms of Use apply to all users.
- Users may not use the Website or the Services without agreeing to these Terms of Use.
- All users of the Services, whether individuals or corporations, are deemed to have agreed to these Terms of Use at the time of using the Services.
- These Terms of Use are subject to change as necessary, and any changes will be made known to the public by email, publishing on the Website, or other means. Changes to the contents of these Terms of Use are subject to the provisions of Article 548-4 of the Civil Code. Please read the latest version of these Terms of Use before using the Website.
- In addition to the Terms of Use, the Website displays information on how to use the Services and matters that you should be aware of. They shall also form a part of these Terms of Use in substance.
- Please read these Terms of Use carefully before using the Services.
- These Terms of Use shall apply to regular transactions between the Company and the User as the standard agreement.
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(Contents and Usage of the Services)
- The Services include creating and managing "English Inquiry Pages" for Japanese companies.
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The Company will provide the following services as part of the Services:
- Search for registered companies;
- Transmit inquiries in English;
- Explanation of inquiry details to the respective company and consideration of the response;
- Translate the response to the respective company; and/or
- Other services shall be set forth on the Website.
- The Services shall be provided under the condition that there shall be no limit to the number of inquiries.
- The method of using the Services shall be set forth on the Website.
- Users shall use the Services in accordance with the Terms of Use and in compliance with the Civil Code, Commercial Code, Personal Information Protection Law, Copyright Law, and other applicable laws and regulations.
- The User assumes all responsibility for the use of the Services. The Company shall not be liable for any use of the Services by the User, except as specifically provided herein.
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(User's Responsibility)
- Users shall assume all responsibility for the use of the Services and shall warrant to the Company that their use of the Services does not infringe upon any intellectual property rights or other rights.
- Users must obtain backups of data related to their use of the Services at their own risk. The Company shall not be liable for any loss of data due to failure to obtain backups.
- If the User causes damage to the Company through the use of the Services, the User shall compensate the Company for such damage (including attorney's fees).
- In the event that the User causes damage to a third party through the use of the Services, the User shall compensate for such damage at the User's own expense and responsibility, and the Company shall not be liable for any such damage. In this case, if the Company receives a claim for damages from a third party, the User shall compensate the Company for the amount of damages and expenses (including attorney's fees).
- To use the Services, the User must be connected to the Internet. Users shall, at their own expense and responsibility, prepare necessary Equipment to use the Services.
- The Company shall not guarantee or be involved in any way in the preparation, installation, or operation of Equipment specified in the preceding paragraph and shall not provide any support to the User. In addition, the Company does not guarantee that the Services will be compatible with all types of Equipment.
- Users understand that in the process of using the Services, they may pass through various networks and devices, and that the contents of data, signals, etc., may be changed in order to connect to or pass through them, depending on the type of network or device they are connected to.
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(Disclaimer)
- The Company does not guarantee that the use of the Services will have any particular effect on the User.
- Although the Company pays sufficient attention to the contents of the Services, the Company makes no warranty as to their accuracy, completeness, currency, or usefulness. Use of the Services shall be at the sole discretion of the User.
- The Company do not guarantee that data created on the Website will not be affected by viruses or other malware when stored, accessed, or used on the Website. Users shall use the Website at their own risk.
- The Company shall not be liable for any problems that may arise between Users, or between Users and third parties (including persons who have made inquiries) with respect to the Service, except in the case of intentional or gross negligence.
- The Company shall not be liable for damages caused by natural disasters or other causes not attributable to the Company, damages arising from special circumstances, whether or not foreseen by the Company, or indirect damages including lost profits. However, this shall not apply in the case of willful misconduct or gross negligence on the part of the Company.
- If these Terms of Use constitute a consumer contract under the Consumer Contract Act, the provisions of these Terms of Use that completely exclude the Company's liability for damages shall not apply.
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(Intellectual Property Rights)
Intellectual Property Rights related to the Website and the Services (including the inquiry page created by the Services) belong to the Company or a third party that has legitimate rights. Users shall use the Services in a manner that does not infringe on the rights of other users, the Company, or any third party.
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(Interruption or Suspension of Service, Change of Content, or Termination)
- We may temporarily suspend or discontinue the Services without prior notice or consent from Users when we deem it necessary for the installation of equipment required for the operation of the Services, for system maintenance work, or due to force majeure such as natural disasters.
- The Company may, at its discretion, change or terminate part or all of the Services with prior notice to the User.
- The Company shall not be liable for any damages incurred by the User in the case of the preceding two paragraphs.
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(Confidentiality)
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The Company and the User shall handle any Confidential Information disclosed or provided by the other party in connection with the use of the Services with the care of a good manager and shall not use it for any purpose other than the purpose of the Services, or disclose or provide it to any third party, without obtaining the prior written consent of the other party. However, this shall not apply to Confidential Information, excluding personal information and customer information, that falls under any of the following items:
- Information that has become public knowledge, whether before or after disclosure or provision;
- Information already in one's possession at the time of disclosure or provision;
- Information obtained independently without disclosure or provision; and/or
- Information lawfully obtained from a third party with legitimate authority without any obligation of confidentiality.
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In the event that we are requested to disclose Confidential Information by an administrative or judicial agency, notwithstanding the provisions of this Article, we may disclose such Confidential Information to such administrative or judicial agency after taking the following measures:
- Notify the User in writing without delay of such request;
- Disclose only that portion of such Confidential Information that is lawfully required to be disclosed; and/or
- Make every effort to ensure that the Confidential Information to be disclosed is treated as confidential.
- The obligation to maintain Confidential Information under this Article shall survive termination of using the Services.
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The Company and the User shall handle any Confidential Information disclosed or provided by the other party in connection with the use of the Services with the care of a good manager and shall not use it for any purpose other than the purpose of the Services, or disclose or provide it to any third party, without obtaining the prior written consent of the other party. However, this shall not apply to Confidential Information, excluding personal information and customer information, that falls under any of the following items:
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(Elimination of Antisocial Forces)
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The Company and the User represent and warrant that neither the Company nor the User falls under any of the following items, now or in the future:
- Falling under the category of Antisocial Forces;
- Having a relationship in which Antisocial Forces are deemed to control management;
- Having a relationship in which Antisocial Forces are deemed to be substantially involved in the management of the company;
- Having a relationship that is deemed to involve unjustified use of Antisocial Forces, such as for the purpose of seeking unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party;
- Having a relationship that is deemed to involve Antisocial Forces, such as providing funds or benefits to antisocial forces;
- An officer or a person substantially involved in the management of the company has a socially reprehensible relationship with Antisocial Forces; and/or
- Making violent demands, threatening words or actions, unreasonable demands beyond legal responsibility, or defamation of reputation or obstruction of business by spreading rumors, false information, or force, etc., against oneself or a third party.
- When it is found that the other party has violated the representations and warranties in the preceding paragraph and that any one of the items in the preceding paragraph applies to the other party, the Company or User may, without any notice, suspend the provision of the Services and immediately terminate all contracts related to the Services and may demand compensation for damages incurred.
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The Company and the User represent and warrant that neither the Company nor the User falls under any of the following items, now or in the future:
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(Assignment of Rights and Status)
- Users may not assign, sublease, succeed, pledge as collateral, or otherwise dispose of their rights or obligations related to the Services or their contractual status to any third party, except with the prior written consent of the Company.
- In the event of a comprehensive succession of the business related to the Services by a third party through an assignment, business split, merger, etc., the Company may transfer the rights, obligations, contractual status, and user information related to the Services to the assignee or successor, and the User shall agree to this in advance.
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(Severability)
If any provision of these Terms of Use, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms of Use shall continue in full force and effect.
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(Conferral Resolution)
In the event that any matter is not stipulated in these Terms of Use or any question arises regarding the interpretation of these Terms of Use, the Company and User shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith.
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(Court of Competent Jurisdiction)
Any litigation between the Company and User shall be subject to the exclusive jurisdiction of the district court or summary court having jurisdiction over the location of the Company's head office as the court of first instance.
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(Governing Law)
These Terms of Use shall be governed by and construed in accordance with the laws of Japan.
Enacted April 28, 2023