ChangeVision Members Agreement
Change Vision, Inc.
2nd Version as of 25th May, 2018
Article 1: Definitions
The following terms shall have the meanings defined below under This Agreement.
- “Member” means an individual who is registered as the Member in accordance with the prescribed procedures upon approval of This Agreement.
- “Service” means information provision service for Members, software downloads, sale or support for purchase of products, management of Member Information, information provision about events and seminars, etc., provided on the website or the new website (hereinafter referred to as the “Website”) in the future operated by Change Vision, Inc (hereinafter referred to as the “Company”).
- “Transaction” means such various acts as purchase of products, downloading software, and application for seminars and events, etc., carried out by Members on the Website.
- This agreement, etc.,” collectively means This Agreement and any other rules and guidelines provided by the Company.
- “Member Information” means the information about the characteristics of Members disclosed to the Company by Members and the history of transactions of Members, etc., (including the information collected under Article 11).
Article 2: ChangeVision Members
Members may use each Service on the Website in accordance with the terms and conditions prescribed by the Company; provided, however, that Members sometimes may be required to register the matters separately determined by the Company.
Members shall not assign, sub-lease, offer for security or transfer to any third party the status of Members and any rights obtained against the Company by the using Services.
Article 3: Rule
This Agreement consists of the rules which shall apply to all Members and shall be complied with by Members at the time of procedures for registration and after registration.
Article 4: Procedures for Registration of Members
An individual who makes a prescribed application for a Member upon approval of This Agreement shall acquire Membership after completion of the prescribed procedures for registration. The person who desires to become a Member shall carry out the procedures for Membership registration. No registration by any agent shall be allowed. The Company may refuse the application for Membership by the person whose Membership was previously revoked or who is determined to be inappropriate by the Company.
Entry of Member Information
When carrying out Member registration, please read the instructions on entry carefully and enter correctly the necessary matters in the prescribed entry form.
Article 5: Management of User ID and Password
Members are requested to manage (including changing periodically, etc) the User ID and Password at the responsibility of Members so that they will not be known to any third party. If the entered User ID and Password were confirmed that they match the registered ones, the use of Services shall be deemed to be done by Member who registered ones and the Company shall not be liable for any damages, losses, or disadvantages arising from such conditions even if any third party uses ones by fraudulent use, unauthorized use and any other reasons.
Article 6: Revision of Registered Information
In the event that there was any change in the registered information, Members shall make registration revision promptly. The Company shall not be liable for any damages arising from the failure of registration revision. Notwithstanding registration revision, the Transactions whose procedures were carried out before the registration revision shall be conducted based on the Information before registration revision.
Article 7: Disclosure, Correction and Deletion of Registered Information
If the Member or his/her legitimate agent requested, the Company shall only disclose the information registered by the Member; provided, however, that the Company shall not be obliged to disclose the following information: (a) information which belongs to the trade secrets or know-how of the Company or any third party, (b) information whose retention period has elapsed and which is not currently used by the Company, (c) information about evaluation, classification and category of individuals, and (d) information which is recorded based on the internal operations of the Company and, on the Company’s solo expectation, significantly disrupts the proper implementation of operations if it was disclosed.
If it should be proved that the contents of Member Information are incorrect or wrong after the request from the Member, the Company shall promptly respond to correction or deletion of the said Member Information.
Article 8: Withdrawal from Membership
If a Member desires to withdraw from Membership, the Member himself/herself shall delete the Member Information. The Member shall be deemed to have withdrawn from Membership after completion of the prescribed procedures.
Article 9: Indemnification of the Company
The Company shall not be liable for failures of communication equipment, lines and computers or discontinuation, delay or suspension of the system and loss of data due to the discontinuation or suspension of Service under Article 14, failures caused by unauthorized access to the data and any other damages, losses, or disadvantages caused to Members in relation to Services of the Company.
The Company makes no warranties or representations that the mail content sent from our webpage server domain, etc., shall not contain harmful elements, including computer viruses.
The Company may provide Members with information and advice from time to time, but the Company shall not be liable for such provision. Services provided on the Website presuppose general cases and shall not provide professional advice and resolution method on individual cases.
The Company shall not be liable for any damages incurred by other users and any third party due to the breach of This Agreement, etc., by Members.
Article 10: Prohibited Matters
Members are prohibited from committing any act set forth in each item below when using the Services.
- To breach the laws and regulations or this agreement and any other of This Agreement, etc.
- To impair the rights, benefits or honor, etc., of the Company or any third party.
- To commit any act which might adversely affect the mind and body of minors and any acts against public order and morals.
- To commit any act which causes a nuisance to or offends other users and any third party.
- To enter false information.
- To send or write harmful computer programs and mail, etc.
- To make unauthorized access to the server and other computers of the Company.
- To lend or assign to any third party the User ID and Password or share with any third party.
Article 11: Cookies, etc.
The Company may collect access history of Members, etc., by using information of IP address when Members access the server of the Company, information of device identification number of mobile terminals when Members accessed by mobile terminals and the cookies technology in order to certify that the access is made by collect Member, to investigate access history and usage status of Members and also to provide Members with optimum Services.
Article 12: Treatment of Member Information
The Company shall not generally disclose to any third party Member Information without the prior consent of Members; except for the following cases where the Company may disclose Member Information and any other personal information without the prior consent of Members.
- The case that the Company was required to disclose Member Information under the laws and regulations.
- The case that the Company determined that it was necessary for protecting the rights, benefits and honor, etc., of the Company.
- The case that Company outsources operations handling Member Information or the Company conducts operations in collaboration with our cooperating companies. In such a case, the Company shall require the cooperating companies to manage Member Information appropriately.
For Member Information, the Company shall manage in accordance with the policy for personal information protection of the Company. Member Information to be used shall be name, email address, company name.
The Company may conduct information provision (including advertisements) by email. In the case that Members do not want information provision, the Company shall stop information provision if Members notify the Company to that effect in accordance with the method prescribed by the Company; provided, however, that if the said Services are stopped, information provision necessary for Service operation may not be made, so please understand this beforehand.
Article 13: Use of Services
For the use of each Service, Members are requested to agree beforehand to the User Agreement of the pertinent Service.
Article 14: Discontinuation and Suspension of Service, etc.
In order to maintain Services in good condition for the use of Members, the Company may discontinue or suspend provision of all or part of Services without prior notice, if the Company carries out periodical maintenance and emergency maintenance of the system, loads are concentrated on the system, the Company determines operation of Services will be disrupted, it becomes necessary to ensure security of Members, or the Company determines it is necessary. In such an event, the Company shall not be liable for damages, losses, or disadvantages incurred by Members.
Article 15: Suspension of Use and Revocation of Membership of Particular Members
In the event that the Company determines that a particular Member falls under any of the following items below, the Company may, without prior notice, suspend use of Services from that particular Member, change the user ID and Password of the Member or revoke membership of the Member. The Company shall not be liable for any damages, losses, or disadvantages incurred by the Member as a result of such actions.
- In the event that the Member committed any act violating the laws and regulations and This Agreement, etc.
- In the event that the Member committed any unauthorized act in relation to use of Services.
- In the event that it is necessary to ensure security of Members because Password entry errors exceeding certain times occurred, etc.
- In the event that the Company determined it was appropriate.
In addition to the above paragraphs, if a Member has not logged in for five (5) years, the Company may change the User ID and Password or revoke membership without giving prior notice.
Article 16: Change and Discontinuation of Services
The Company may change and discontinue all or part of the Services from time to time on the Company’s solo decision.
Article 17: Amendment of this agreement
The Company may amend This Agreement at its discretion and may provide for the rules supplementing This Agreement (hereinafter referred to as the “Supplementary Rules”). Amendment or supplement of This Agreement shall be in effect when This Agreement after amendment or the Supplementary Rules are posted on the website prescribed by the Company. In such an event, Members shall comply with the amended rules of This Agreement or the Supplementary Rules. If there are any material changes, the Company shall inform on the website of the Company by means easy to recognize.
Article 18: Governing Law, Jurisdiction by Agreement
This Agreement shall be interpreted pursuant to the laws of Japan and if any litigation becomes necessary in relation to This Agreement, the Tokyo District Court shall be the court of exclusive jurisdiction for the first instance.