www.bs-vita.com'S TERMS OF SERVICE
Article 1 (Objectives)
These www.bs-vita.com - Terms of Service (these “Terms”) sets forth the terms and conditions for the use of www.bs-vita.com, a multi-language translation service (the “Service”) which will be provided by Wovn Technologies, Inc. (the “Company”). Any rules for use of the Service which the Company posts on the Company Site shall constitute an integral part of these Terms.
Those who desire to use the Service, including, without limitation, individuals, corporations, groups and associations, (collectively, “Applicants”) may use the Service after agreeing to these Terms and registering as a User.
Article 2 (Definitions)
When used in these Terms, the following terms shall have the meanings prescribed in their respective right sections.
|Company Site User||A website operated by the Company to provide the Service located at the following URL - http://www.bs-vita.com.A corporation, group, association or individual person who has agreed to these Terms and Conditions and has entered into a service agreement to use the Service with the Company.|
|Registered Information||Information about Applicants or the User that will be provided by such Applicants or the User to the Company for use of the Service.|
|Service Use Agreement||These Terms as well as the agreement on the use of the Service entered into between the Company and the User.|
|User||A corporation, group, association or individual who has agreed to these Terms, registered as a user and entered into a service agreement to use the Service with the Company.|
|User’s Content||A website, application or other content that are operated by the User where the Service is used or the use of the Service is under consideration.|
Article 3 (Registration as a User)
1. In order to be registered as a User, the Applicant shall agree to these Terms and make an application by completing the necessary items on the service registration form. Upon completion of user registration, the service agreement shall be concluded between the Company and the User.
2. In order to be registered as a User, the Applicant must make the application by representing and warranting that the information stated below is true and accurate:
- (1) If the Applicant is a minor, adult ward, person under curatorship or person who needs assistance, he/she must acquire legal consent from his/her legal representative, guardian, curator or assistant;
- (2) The Registered Information provided by the Applicant is true and accurate, and there are no errors or omissions thereof;
- (3) If the Registered Information provided by the Applicant includes personal information, the Applicant shall meet the following requirements:
- a. with respect to the handling of personal information, the Applicant complies with any and all Japanese or overseas laws and guidelines, etc. related to the protection of personal information that are applicable to the Applicant; and
- b. in providing the personal information to the Company, the Applicant has acquired the valid consent from the person concerning such personal information in accordance with any Japanese or overseas laws and guidelines, etc. related to the protection of personal information that are applicable to the Applicant.
- (4) The Applicant is not an organized crime group, a member of an organized crime group, a person for whom five (5) years have not passed since he/she ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a corporate extortionist, a group engaging in criminal activities under the pretext of conducting social campaigns or an organized crime group specializing in intellectual crimes or any other similar party (collectively, “Anti-Social Forces”) and does not have any relationship with and is not involved with any Anti-Social Forces by cooperating with or being involved in the maintenance, operation or management of Anti-Social Forces through the provision of funds or other monetary assistance.
- (5) The Applicant is not a party who or which has violated any contract with the Company and is not related to any such party.
- (6) The Applicant has not been subject to any of the measures set forth in Paragraph 4 of this Article.
3. The Applicant shall become a User upon receipt of notice from the Company that the User registration has been completed.
4. The Company may, without the need to provide any reasons for such rejection or cancellation, reject registering the Applicant as a User or cancel the User registration which has been completed if the Applicant violates Paragraph 2 above or if the Company considers it inappropriate to register the Applicant for any other reason.
5. In the event of any change in the Registered Information provided to the Company, the User shall notify the Company of such change without delay, in the manner designated by the Company. The Company shall not be liable for any damage which may be incurred by the User due to such User’s failure to notify.
Article 4 (Account)
1. The User must strictly manage such User’s email address designated at the time of User registration, as well as any ID and password issued by the Company and any other information relating to the User’s account (collectively, the “Account Information”) at the User’s own responsibility.
2. The User shall not allow third parties to use such User’s Account Information and shall not loan or assign the same to a third party.
3. The Company shall not be liable to the User for any inconvenience which may be incurred by the User due to inappropriate management or use of Account Information by such User.
4. The User must indemnify the Company against any and all damage which may be incurred by the Company due to unauthorized use of the User’s Account Information.
Use of the Service
Article 5 (Contents of Service)
The purpose of the Service is to provide the User with a means to translate or multi-lingualize the User’s Content into other languages for paid or free of charge.
Article 6 (Paid Plan and Paid Service)
1. The Company and the User will separately agree on the price of plans and services that require the payment of usage fee of the Service.
2. Notwithstanding the provisions of the preceding paragraph, those who will become a User on and after October 1, 2018 shall only be able to make an application for a Paid Plan or a Paid Service.
Article 7 (Usage Fees)
1. When the User subscribes to a Paid Plan or Paid Service, such User must pay the usage fees and expenses separately agreed (collectively, the “Usage Fees”) for such plan and service.
2. Bank charges and other various handling charges associated with the payment of Usage Fees shall be paid by the User (excluding the settlement fees for payment by credit card if such payment is selected in accordance with the preceding paragraph).
3. In the event of late payment of Usage Fees, the User must pay the Company late payment charges at the lower of 14.6% per annum or the maximum rate permitted under applicable laws and regulations, in addition to the Usage Fees in arrears.
Article 8 (Restriction on Use of Service)
If any of the situations prescribed below apply to the User’s Content, the Company may reject the User’s application for use of the Service or may suspend the Service to be provided with respect to such content:
- (1) The Company determines that the User’s Content is incomprehensible and/or difficult to translate;
- (2) The User’s Content contains any of the following items:
- ? Content that could be construed as defamation, accusations against or attacks on individual persons or specific corporations, groups or organizations;
- ? Content that solicits, promotes or recommends an illegal or inappropriate act;
- ? Content that infringes upon the rights or interests of a third party;
- ? Content including expressions that are obscene, violent or cruel;
- ? Content that is or may be against the public order and morality.
- (3) In addition to those prescribed in the above items, in cases where the Company considers it inappropriate to provide the Service.
Article 9 (Matters to Be Agreed upon by the User)
The User understands and agrees in advance to the provisions stated below before using the Service. The Company shall not assume any liability for damages or any other legal liabilities to the User with respect to these matters which have been agreed upon by the User:
- (1) The Company shall not guarantee the accuracy, completeness, etc. of the translated content;
- (2) Incomprehensible original texts may not be translated accurately;
- (3) Copywriting, catch phrases or other similar texts may not be translated in a way that meets the User’s intention;
- (4) Information on the User’s Content may be provided to the companies or other entities that will provide services in affiliation with the Company.
Article 10 (Intellectual Property Rights, etc.)
1. Any and all rights and interests, including the patent rights, copyrights, trademark rights and other intellectual property rights (including the right to be granted these rights, or the right to apply for registration, etc. of such rights, collectively, “Intellectual Property Rights”) for all content on the Company Site, including technologies, programs, code and know-how relating to the Service, as well as for any and all other matters relating to the service, shall be vested in the Company or its licensors. The User is not granted any rights to use the Intellectual Property Rights with respect to the Company Site or the Services, and the User shall not lodge any objection to the appropriateness, validity, etc. of such rights or interests.
2. The Company acknowledges that the copyright to the User’s Content and the User’s Content which has been translated or multi-lingualized by use of the Service remains vested with the User if such copyright belonged to the User at the time when the Service was used. If the copyright to the same was vested with a third party, not with the User when the Service was used, the User warrants that it was granted a license by such third party as required to use the Service (including all acts, such as the reproduction, adaptation and public transmission of the User’s Content created through such use), and the User further warrants that the Company, as well as those providing the Services through the Company (including, without limitation, the outside translation service providers, collectively, the “Company Affiliates”) will not receive any claim or objection from such third party for infringement of copyright, etc.
3. Notwithstanding the provisions of the preceding paragraph, the Company may freely use the information, data, know-how, etc., obtained from, incidental to or relating to the provision of the Service to the User, for the Company’s business, including the provision of the Service to other users.
Article 11 (Representations and Warrantees)
The User represents and warrants the following matters to the Company:
- (1) the User has legitimate rights to translate or multi-lingualize the User’s Content through the Company using the Services;
- (2) the User’s Content does not fall under any of the items of Article 8;
- (3) the User’s Content does not include any defects, viruses, malware, spyware, or any other malicious or harmful or hidden codes or software, etc...;
- (4) the Service provided by the Company and any use of the User’s Content in accordance with these Terms do not infringe upon any rights or interests of any party; and
- (5) the User’s information stated under any of the items of Article 3, Paragraph 2 of these Terms must be true and accurate.
Article 12 (Restriction and Prohibition)
The User shall not engage in any of the acts stated below:
- (1) Any act in violation of these Terms;
- (2) Any act of using the Service with respect to the User’s Content that contains content prescribed in Article 8, Paragraph 2;
- (3) Any act of giving inconvenience or damage to the Company or third party or infringing or being likely to infringe upon its rights or interests;
- (4) Any act which violates or may violate public order and morality;
- (5) Any criminal acts or other acts in violation of the laws and regulations, or any acts of abetting or aiding such acts, or any other acts that may fall under any of the aforesaid acts;
- (6) Any act of providing illegal or harmful programs, information or data incidental to or relating to the use of the Service;
- (7) Any act of analyzing, reverse-engineering, disassembling, decompiling or similarly handling the technologies, programs, codes, know-how, etc., relating to the Service or other acts similar to the above;
- (8) Any act of preventing or being likely to prevent the Company from providing the Service to the User or conducting its other business operations;
- (9) Any act of discrediting or dishonoring or being likely to discredit or dishonor the Company or the various services provided by the Company;
- (10) Any act of using the ID and password of other Users;
- (11) Any act of impersonating third parties; or
- (12) Any other act considered by the Company to be inappropriate.
Article 13 (Termination of Agreement)
The Company may immediately terminate the Service Use Agreement with the User and cancel the User registration without any prior notice or demand if the User violates any of the items of Article 3, Paragraph 2 after having been registered as a User or if the User violates any of the provisions of these Terms, or the Company determines that the use of the Service by the User is inappropriate. In such case, the Company shall not assume any liability for any damage which may be incurred by such User due to such termination.
Article 14 (Refund)
The Company shall not refund any Usage Fees already received by it due to termination of the service agreement with the User or termination of the use of a Paid Plan or Paid Service by the User, regardless of the reason for such termination.
Article 15 (Entrustment of Business to a Third Party)
The Company may entrust all or part of the business required to provide the Service to third party without the User’s prior approval.
Article 16 (Obligation of Confidentiality)
1. The User shall use all technological, business or other information unique to the Company Affiliates which becomes known through the Service (the “Confidential Information”) only for use of the Service and shall not disclose the same to a third party without the Company’s prior written consent, provided that the Confidential Information does not include any information which:
- (1) is already publicly known at the time of disclosure or becomes publicly known after disclosure due to a reason not attributable to the User who received the information;
- (2) is already in the possession of the User at the time of disclosure;
- (3) is rightfully received by the User from a third party without an obligation of confidentiality; or
- (4) is independently developed by the User without reference to the Company Affiliates’ information.
2. The obligation of confidentiality imposed on the User under the preceding paragraph shall survive the termination of the service agreement.
3. Upon the Company’s request, the User must immediately return all Confidential Information to the Company or, if instructed by the Company, must dispose of the same by paying sufficient attention to prevent any divulgence of Confidential Information.
4. If the User finds that any Confidential Information has been divulged or lost, the User shall immediately notify the Company and discuss subsequent actions with the Company.
Article 17 (Waiver of Warranties and Disclaimer)
1. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY (I) AS TO FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE CONTEMPLATED BY THE USER, (II) THAT THE SERVICES HAVE EXPECTED FUNCTIONS, COMMERCIAL VALUE OR USEFULNESS, (III) AS TO THE ACCURACY, COMPLETENESS, COMPETITIVENESS, USEFULNESS OF THE USER’S CONTENT WHICH HAS BEEN TRANSLATED OR MULTI-LINGUALIZED BY USING THE SERVICE, OR (IV) THAT THE USER’S USE OF THE SERVICES COMPLIES WITH THE LAWS AND REGULATIONS, RULES, STANDARDS, NOTICES, POLICIES AND GUIDELINES ESTABLISHED BY A THIRD PARTY (INCLUDING, WITHOUT LIMITATION, CONTENT OPERATED BY THE USER SUCH AS STREAMING PLATFORM AND DOWNLOAD SERVICE) OR ANY INTERNAL RULES ESTABLISHED BY INDUSTRIAL ORGANIZATIONS APPLICABLE TO THE USER.
2. The Company shall not assume any liability for the User being unable to use the Service because of using devices that are not compatible with the Service.
3. The User may not use the Service during the Company’s maintenance of the Service, in which case the Company shall not assume any liability for any damage which may be incurred by the User from inability to use the Service.
4. Though the Company is taking necessary security measures, it does not guarantee the complete safety of the Service.
5. The Company shall not assume any liability for the content of the User’s Content or regarding any illegality, unreasonableness, inappropriateness, etc. thereof.
6. Even in the case of the Company being held liable for some reason, such liability shall be limited to liability for compensation of damage, and the Company shall not be liable for any amount exceeding the consideration paid by the User to the Company for the immediately preceding twelve (12) months in relation to the damage incurred by the User that is attributable to the Company for any reason whatsoever. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES OR LOST PROFITS.
Article 18 (Notice)
1. Any inquiries with respect to the Services or other communications or notices from the User to the Company shall be made in accordance with the procedures specified by the Company.
2. For notices concerning any amendment to these Terms, or for other communications or notifications from the Company to the User, the Company shall send a notice to the User by sending emails to the email address given as the User’s Registered Information, or in any other manner the Company considers appropriate.
Article 19 (No Assignment of Rights and Obligations)
1. The User shall not assign or transfer to a third party, allow a third party to succeed to, pledge as security, or otherwise dispose of all or part of its contractual status or its rights or obligations under these Terms or the Service Use Agreement without the Company’s prior written approval.
2. In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under these Terms or the Service Use Agreement, its rights and obligations thereunder, as well as information on the User such as the User’s Registered Information, and the User hereby agrees to such assignment in advance. For the purpose of this Paragraph, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
Article 20 (Individual Agreement)
If the Company and the User individually make a separate agreement in relation to the service agreement, such agreement shall be applied in priority to these Terms.
Article 21 (Suspension, Change and Termination of Service)
1. If the Company considers it difficult to provide the Service due to the regular maintenance, failure, disorder, maintenance or inspection of systems or communication lines, or due to fire, earthquake or other force majeure events, or for other technological, operational or legal reasons, the Company may suspend the Service in whole or in part without prior notice to the User.
2. The Company may change or terminate the Service in whole or in part at any time at its discretion without prior notice to the User.
3. The Company shall not assume any liability for any damage which may be incurred by the User arising out of the unavailability, suspension, change or termination of the Service.
Article 22 (Amendment of Terms)
The Company reserves the right to amend or change these Terms. If the Company intends to amend or change the contents hereof, it shall notify the User of the revised contents in advance. The User shall be deemed to have agreed to such amendment or change and the revised Terms shall be automatically applied on and after the date designated in the notice, unless the User fails to take steps to cancel its registration within the time specified by the Company.
Article 23 (Registered Information)
2. The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a format that cannot identify an individual, and the User shall not challenge or dispute such use.
Article 24 (Difference between Languages)
In the event of any conflict between the Japanese version and a version translated into other languages of these Terms or the Service Use Agreement, the Japanese version shall be the governing and prevailing version.
Article 25 (Severability)
If any provision of these Terms or any part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
Article 26 (Governing Law and Agreed Jurisdiction)
1. These Terms and the Service Use Agreement shall be governed by and interpreted in accordance with the laws of Japan.
2. Any dispute which may arise between the Company and the User or the Applicant arising out of or in connection with these Terms or the Service Use Agreement shall be submitted to the Tokyo District Court, as the court having exclusive jurisdiction for the first instance.
Terms of Service Revision History
2019/12/3 – Current Version
2018/9/26 – Current Version
2018/5/25 – Current Version
2017/8/3 – Current Version
2014/10/10 – Initial Version