1. Your relationship with WARLD
1.1 This document explain how the agreement is made up, and sets out the terms of that agreement between WARLD LIMITED, whose principal place of business is at Rooms 501-2 Jubilee Centre, 18 Fenwick Street, Wan Chai, Hong Kong (the “Operating Company”) and you. Unless otherwise agreed under a separate written agreement, your use of any part of (1) software for creation, management and browsing of augmented reality and provided by the Operating Company under the name of the "Clip CMS", "Clip" or the like, and the documents related thereto (hereinafter collectively referred to as the “Software”); and (2) the services for augmented reality and any other services provided by the Operating Company through Internet ((1) and (2) are hereinafter referred to collectively as the “Services” in this document) shall be governed by the terms prescribed in this document (hereinafter referred to as the “Universal Terms”). The Operating Company has, in Japan and other courtiers, subsidiaries, affiliates, and further the legal entities or such other forms or personality to which license is granted by the Operating Company for providing you to the Software and Services (hereinafter referred to individually as the “Group Company” and collectively as the “Group Companies”). Sometimes, the Group Companies will be providing all or part of the Services to you on behalf of the Operating Company itself. You acknowledge and agree that the Group Companies will be entitled to provide all or part of the Services to you, and also the terms and conditions of the Universal Terms shall also apply mutatis mutandis.
1.2 Your agreement with the Operating Company and/or the Group Companies will also include the terms of any notices applicable to the all or part of the Services, which shall be given by the Operating Company and/or the Group Companies from time to time under the name of “Guideline”, “Policy” or the like, in addition to the Universal Terms. All of these are referred to below as the “Additional Terms”. You acknowledge and agree that the terms prescribed in the Additional Terms shall apply to the Services in addition to the Universal Terms.
1.3 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and the Operating Company in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.4 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
2.2.1 Clicking to accept or agree to the Terms, where this option is made available to you by the Operating Company in the user interface for any Service; or
2.2.2 By actually using the Services. In this case, you understand and agree that the Operating Company will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 If you are not of legal age to form a binding contract with the Operating Company, please use the Services after obtaining the consent of a legal representative, such as a person with parental authority. Further, if you use the Service for your employer, please use the Service upon consent by your employer to the Terms. You may not use the Services and may not accept the Terms if (a) you have not obtained the foregoing consent appropriately, or (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Provision of the Services by the Operating Company
3.1 The Operating Company is constantly improving and innovating the Services in order to provide the better possible experience for its users. You acknowledge and agree that the form and nature of the Services which the Operating Company provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that the Operating Company may interrupt, suspend, or stop providing the Services (or any features within the Services) to you or to users generally at the Operating Company’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform the Operating Company and/or the Group Companies when you stop using the Services.
3.2 The Operating Company may limit use of the Services those who meet such conditions as the Operating Company determines necessary (including, but without limitation, the membership registration, and verification of age and identification) .
3.3 You acknowledge and agree that if the Operating Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
3.4 You acknowledge and agree that while the Operating Company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by the Operating Company at any time, at the Operating Company’s discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification, contact details and so on) as part of the registration process for the Service, or as part of your continued use of the Services. You acknowledge and agree that such information may be used by the Operating Company, Group companies and/or the legal entities and persons (such as lawyers) who has collaboration with the Operating Company and/or the Group Companies.
You agree that any registration information you give to the Operating Company and/or the Group Companies will always be accurate, correct and up to date.4.2 You agree to use the Services only for purposes that are permitted by (1) the Terms and (2) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Japan, the People’s Republic of China including Hong Kong Special Administrative Region, the United States or other relevant countries).
4.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).4.4 Unless you have been specifically permitted to do so in a separate agreement with the Operating Company or the Group Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
4.5 You warrant and represent that you will not conduct any of the following act, actions or activities:4.5.1 Any act in breach or violation of laws and regulations, judgment, decision or order of the court, or legally binding administrative measures.
4.5.2 Any act which is liable to injure public order or morality.
4.5.3 Any act which may infringe the right of the Operating Company or third parties (widely including intellectual property right such as copyright, trademark right, patent right and so on, right to privacy and any other statutory or contractual rights and interests).
4.5.4 Any act which impersonates the Operating Company or any third parties, or disperses false information.
4.5.5 Any act or activity mainly purposing sexual encounter or companionship with the opposite sex, or any act or activity using the Services for any purpose other than contemplated by the services.
4.5.6 Any act or activity of posting, listing, release or delivery of representation, expression or content of excessively violent, sexually explicit or such other antisocial representation, expression or content, which may provide a sense of discomfort to the others.
4.5.7 Any act or activities to induce other users to Websites or the like for child prostitution, child pornography or uncensored video movies.
4.5.8 Any act or activities which may cause libel, slander, intimidation, harassment to other users or any other third parties.
4.5.9 Payoff to antisocial forces or any cooperative act for such forces.
4.5.10 Any representation or expression of ethnicity, religion, race, gender, age and so on, which may lead to or cause discrimination.
4.5.11 Any act or action which may promote, induce and solicit suicide, group suicide, self-harm, illegal drug use, drug use by circumvention of the law and so on.
4.5.12 Any act or activities to collect, disclose and/or provide personal information, registration information, usage history information and so on with respect to the users of the Services without obtaining the consent from the Operating Company and the respective users of the Services.
4.5.13 Any act, actions or activities which may interfere the operations of the Services or use of the Services by other users, example is the activity to place excessive strain on the servers for providing the Services or users’ equipment or system
4.5.14 Any act, actions or activities which may support or solicit any act, actions or activities prescribed in Paragraphs 4.5.1 to 4.5.13.
4.5.15 Any other act, actions or activities which the Operating Company judges inappropriate.
4.6 You agree that you are solely responsible for (and that the Operating Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Operating Company may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
5.2 Accordingly, you agree that you will be solely responsible to the Operating Company for all activities that occur under your account.
6. Privacy and your personal information
(1) Personal information collected may be used in combination with information from other Hiachain’s services or third parties in order to provide you with a better experience and/or to improve the quality of the Services.
(3) When you visit the Operating Company’s and/or the Group Companies’ website or use all or part of Services, URL, IP address, browser type and language, and date and time of your request and so on will be recorded automatically.
6.1.2 How the Operating Company Uses Information
(1) The Operating Company and/or the Group Companies may use personal information to provide the Services including the Services to display customized content and advertisement.
(2) In addition, the Operating Company and/or the Group Companies may use personal information to improve their technologies and/or the Services in order to improve the management and use of personal information.
(3) The Operating Company and/or the Group Companies may share with third parties the aggregated information, which may not identify the specific person.
(4) When the Operating Company and/or the Group Companies request a third party to process personal information, the Operating Company and/or the Group Companies obligate such a third party to take appropriate measures for confidentiality and security with respect to such personal information.
(5) To comply with the law, to prevent fraud or imminent harm, to ensure the security of networks and services and so on, such as books, the Operating Company and/or the Group Companies may share with third parties in limited circumstances.
(6) You acknowledge and agree that the Operating Company and/or the Group Companies process personal information on their servers or the servers of their contracted third parties in respective countries. In some cases, the Operating Company and/or the Group Companies process personal information on a server outside your own country.
7. Content in the Services
7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to hereinbelow as the “Content”.
7.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the producer, sponsors or advertisers who provide that Content to the Operating Company and/or the Group Companies (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part).
Further, in case you produce the Content or use it by using the Software, you have to produce and use the said Content not to infringe the relevant copyright law(s). Accordingly, without first obtaining the consent from the copyright holder, you may not copy the Content, transfer it to a third party, upload it to your or third party’s home page(s), or do any other disposal of it beyond the scope of the private use of the Content. In addition, in case you insert the music(s) managed by the certain collective management organization in your Content or use all or part of the copyrighted material(s) already released, sold, delivered or published (including recording, arrangement, editing, playing and so on) in your Content, you will be required to clearly write the information on the copyright holder(s) for each of recording, arrangement, editing, playing and so on in accordance with the instruction given by the Operating Company or the respective Group Company.
7.3 The Operating Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Contents from any Service. In addition, commercially available services and software may be used to limit access to material that you may find objectionable. Provided, however, that in no event shall the Operating Company be liable for the said Content pre-screened, reviewed, flagged, filtered, modified, refused or removed.
7.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
7.5 You agree that you are solely responsible for (and that the Operating Company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Operating Company may suffer) by doing so. Further, if the allegation and/or claim is made by a third party in connection with the use of the Contents, you shall, at your costs and expenses, settle such allegation and claims. In no event shall the Operating Company and/or the Group Companies be responsible in connection with such allegation and claim.
8. Proprietary Rights
8.1 You acknowledge and agree that the Operating Company and/or the Group Companies (or their licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by the Operating Company and/or the Group Companies, and that you shall not disclose such information without the Operating Company’s and/or the Group companies, as the case may be, prior written consent.
8.2 Unless you have agreed otherwise in writing with the Operating Company and/or the Group Companies, nothing in the Terms gives you a right to use any of the Operating Company’s and/or the respective Group Company’s trade name, trademarks, service marks, logos, domain names, and other distinctive brand features. Notwithstanding the foregoing, if the Website managed by the Operating Company or the respective Group Company notifies otherwise or the relevant license agreement for the Software otherwise prescribes, or you have separately agreed with the Operating Company or the respective Group Company in writing, then you may use the Operating Company’s and/or the respective Group Company’s trademarks, service marks, logos, domain names, and other distinctive brand features in such manner and to such extent as shall be prescribed therein.
8.3 Other than the limited license set forth in Section 10, the Operating Company acknowledges and agrees that neither it nor the Group Companies obtains any right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that the Operating Company has no obligation to do so on your behalf.
8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
8.5 You agree that in using the Services, you will not use any trade name, trade mark, service mark, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such names, marks, or logos.
9. License from the Operating Company
9.1 Use of the Software provided by the Operating Company as a link of the Services shall be subject to the software license agreement appeared in downloading or installation thereof. You shall use the Software in accordance with the said software license agreement in addition to the Terms. This license is for the purpose of enabling you to use and enjoy the benefit of the Services as provided by the Operating Company and/or the Group Companies, in the manner permitted by the Terms.9.2 You may not, and you may not permit anyone else to, copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Operating Company, in writing.
9.3 Unless otherwise prescribed in the Terms or the Operating Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
10. Content License From You
10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content, you give the Operating Company and the Group Companies a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling the Operating Company and/or the Group Companies to display, distribute and promote the Services.
10.2 You agree that this license includes a right for the Operating Company and the Group Companies to make such Content available to other companies, organizations or individuals with whom the Operating Company and/or the Group Companies has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 You understand that the Operating Company and/or the Group Companies, in performing the required technical steps to provide the Services to our users, may (1) transmit or distribute your Content over various public networks and in various media; and (2) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Operating Company and the Group companies to take these actions.
10.4 You confirm and warrant to the Operating Company that you have all the rights, power and authority necessary to grant the above license.
11. Software Updates
11.1 The Software which you use may automatically download and install updates from time to time from the Operating Company and/or the Group Companies. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Operating Company and/or the Group Companies to deliver these to you) as part of your use of the Services.
12. Ending Your Relationship With the Operating Company
12.1 The Terms will continue to apply until terminated by either you or the Operating Company as set out below.
12.2 If you want to terminate your legal agreement with the Operating Company and/or the Group Companies, you may do so by (1) notifying the Operating Company at any time and (2) closing your accounts for all of the Services which you use. Unless otherwise designated by the Operating Company and/or the Group Companies, your notice should be sent, in writing physically or electronically, to the Operating Company’s address which is set out at the beginning of these Terms, or e-mail address “firstname.lastname@example.org” by clearly describing all of your account for the Services. In case you take the foregoing procedures of (1) or (2), the Operating Company or the respective Group Companies may erase, delete, destroy or otherwise dispose of the data for you and your Contents, and shall not be liable to restore or recover thereof even though you apply reregistration or otherwise for reuse of the Services.
12.3 The Operating Company may at any time, terminate its legal agreement with you if:
12.3.1 You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms);
12.3.2 The Operating Company or the Group Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
12.3.3 The partner with whom the Operating Company or the Group Company offered the Services to you has terminated its relationship with the Operating Company or the Group Company, or ceased to offer the Services to you;
12.3.4 The Operating Company makes a decision to cease the Services to users in the country in which you are resident or from which you use the service; or 12.3.5 The provision of the Services to you by the Operating Company is, in the Operating Company’s opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect the Operating Company’s rights regarding provision of Services under Section 3 of the Terms. In addition, the Operating company and the Group Companies will not refund the consideration exceeding the amount paid by you, if any, in the respective month of the termination of its legal agreement.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you, the Operating Company and the Group Companies have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Exclusion of Warranties
13.1 The Operating Company will not warrant or represent that the Services are free from the factual and/or legal defect (including, but without limitation, defect, error, bugs and infringement in relation to safety, reliability, accuracy, entirety, efficiency) . The Operating Company will not assume to repair any defect when providing the Services. You are always recommended to make a backup copy of your posted Content.
13.2 In case that the Operating Company adjudges your use of the Services is in breach of the Terms, it will take such necessary and adequate measures as the Operating Company discretionary determines; Provided, however, that no warranty is given to you and any third party that other users and parties will not breach the Terms. In addition, the Operating Company will not assume the obligation towards you and any third party to prevent or remedy such breach of the Terms.
13.3 SOME JURISDICTIONS DO NOT ALLOW (1) THE EXCLUSION OF CERTAIN WARRANTIES, (2) THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR (3) THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL LIMIT OR EXCLUDE WARRANTY OR LIABILITY OF the Operating Company AND THE GROUP COMPANIES FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW AND TO SUCH EXTENT. ACCORDINGLY, ONLY THE LIMITATIONS AND EXCLUSION WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND LIABILITY OF THE OPERATING COMPANY AND THE GROUP COMPANIES WILL BE LIMITED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW; PROVIDED THAT LAWFUL LIMITATION IS LEFT TO THE AGREEMENT BY THE PARTIES SO CONCERNED OR IS NOT CLEAR ENOUGH IN ADMINISTRATION OF THE JUSTICE, THE UPPER LIMIT OF THE COMPENSATION FOR DAMAGE OR LOSS INCURRED BY YOU SHALL BE THE AMOUNT RECEIVED FROM YOU IN CONSIDERATION OF THE SERVICES OR OTHERWISE IN THE MONTH WHEN SUCH DAMAGE OR LOSS OCCURRED.
13.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”. IN PARTICULAR, the Operating Company AND THE GROUP COMPANIES AND THEIR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
13.4.1 YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
13.4.2 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
13.4.3 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
13.4.4 THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.5 ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
13.6 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM the Operating Company AND/OR THE GROUP COMPANIES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.7 THE OPERATING COMPANY AND THE GROUP COMPANIESFURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of Liability
14.1 SUBJECT TO ALL THE PROVISIONS IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT the Operating Company AND THE GROUP COMPANAIES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
14.1.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
14.1.2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(1) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(2) ANY CHANGES WHICH the Operating Company AND/OR THE GROUP COMPANAIES MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(4) YOUR FAILURE TO PROVIDE the Operating Company AND/OR THE GROUP COMPANAIES WITH ACCURATE ACCOUNT INFORMATION; OR
(5) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
14.2 THE LIMITATIONS ON LIABILITY OF the Operating Company AND/OR THE GROUP COMPANAIES TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT the Operating Company AND/OR THE GROUP COMPANAIES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, searches, queries and answers made through the Services or other information.
15.2 The manner, mode and extent of advertising by the Operating Company and/or the Group Companies on the Services are subject to change without specific notice to you.
15.3 In consideration for the Operating Company granting you access to and use of the Services, you agree that the Operating Company and/or the Group Companies may place such advertising on the Services.
16. Other Content
16.1 The Services may include hyperlinks to other web sites or content or resources. the Operating Company and/or the Group Companies may have no control over any web sites or resources which are provided by companies or persons other than the Operating Company and the Group Companies.
16.2 You acknowledge and agree that neither the Operating Company nor the Group Companies are responsible for (1) the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.3 You acknowledge and agree that neither the Operating Company nor the Group Companies are liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources prescribed in paragraph 16.1 above, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. Changes to the Terms
17.1 the Operating Company and the Group Companies may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, the Operating Company will make a new copy of the Universal Terms available at its website(s) and any new Additional Terms will be made available to you from within, or through, the affected Services.
17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, the Operating Company and the Group Companies will treat your use as acceptance of the updated Universal Terms or Additional Terms.
18. General terms
18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
18.2 The Terms constitute the whole legal agreement between you and the Operating Company and govern your use of the Services (but excluding any services which the Operating Company may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Operating Company in relation to the Services.
18.3 You agree that the Operating Company and the Group Companies may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
18.4 You agree that if the Operating Company or the Group Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Operating Company or the Group Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Operating Company’s rights and that those rights or remedies will still be available to the Operating Company and/or the Group Company.
18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.18.6 You acknowledge and agree that the Operating Company and each member of the Group Companies shall be third party beneficiaries to the Terms and that each of such companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.18.7 The Terms, and your relationship with the Operating Company and/or the Group Companies under the Terms, shall be governed by the laws of Japan without regard to its conflict of laws provisions. You and the Operating Company agree to submit to the exclusive jurisdiction of the courts located in Tokyo, Japan to resolve any legal matter arising from the Terms. Notwithstanding the foregoing, you agree that the Operating Company and/or the Group Companies shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
October 21, 2014