Enacted February 22, 2017
Revised November 16, 2017
These Terms of Service (hereinafter referred to as the “Terms of Service”) govern the matters that must be agreed to by members in order to use “Everyone’s Programming by Telulu LLC” (hereinafter referred to as the “Service”) operated by Telulu LLC (hereinafter referred to as the “Company”). When members use the Service, these Terms of Service apply. Please note that these Terms of Service will be deemed to have been agreed to at the time of membership application. Therefore, please be sure to read them carefully and understand the contents thoroughly before applying.
もくじ
Article 1 (General Provisions)
- Members shall use the Service in accordance with these Terms of Service. Members may not use the Service unless they agree to these Terms of Service. In addition, the provisions set forth in documents such as the website (whose domain is “minpro.net”) operated by the Company and distributed or provided by the Company on the website of the Service (including any changes to the domain or content of the Company’s website, regardless of the reason), and other documents (hereinafter referred to as the “Individual Terms of Service”) shall be deemed to be part of these Terms of Service between the member and the Company.
- A service usage contract (hereinafter referred to as the “Service Usage Contract”) between the member and the Company shall be concluded when a person wishing to register as a member agrees to these Terms of Service and completes the registration procedure in the manner specified by the Company.
- Members may start using the Service from the time the Company confirms that the member has completed the payment procedure for the usage fee specified by the Company after the conclusion of the Service Usage Contract.
Article 2 (Changes to the Terms of Service)
The Company may change or add to the content of these Terms of Service and the Individual Terms of Service for the Service. The Company shall notify members of such changes in the manner specified by the Company. If a member uses the Service after the Company has changed these Terms of Service or the Individual Terms of Service, or if the member does not take the procedure for termination within the period specified by the Company, the member shall be deemed to have agreed to the changes to the Terms of Service.
Article 3 (Membership Registration)
- Applicants for membership may apply for membership to the Company by agreeing to abide by these Terms of Service and providing the information necessary for registration in the manner specified by the Company.
- Applicants for membership shall apply for membership after confirming and agreeing to the following items based on the application in the preceding paragraph: (a) To install the necessary membership registration and software for using the Service (b) That the communication environment is not hindering the use of the Service
- The Company shall judge whether or not to approve the registration of an applicant for membership based on the Company’s standards. After the member has received a notification from the Company that the Company has approved the registration and the member has completed the payment procedure, the membership registration shall be deemed to have been completed. However, the Company may refuse to register an applicant for membership if any of the following items apply to the applicant for membership who has applied for membership under Article 1: (a) There is any false, incorrect, or omitted information in all or part of the information provided to the Company in connection with the membership registration application. (b) The credit card payment applied for by the membership applicant was not approved. (c) The membership applicant has been suspended or otherwise disciplined from using the Service in the past, or is currently being suspended or otherwise disciplined. (d) The member has failed to pay the Company for the service fee in the past. (e) The Company judges that the applicant for membership is an anti-social force (anti-social organization, member of an anti-social organization, right-wing organization, anti-social force, or other similar organization) or is cooperating or involved in the maintenance, operation, or management of an anti-social force through financial provision or other means, or otherwise has some kind of interaction or involvement with an anti-social force. (f) The Company judges that the registration is inappropriate for any other reason.
- The Company may request the submission of documents necessary for the review of the membership registration, and the membership applicant shall promptly submit such documents. If the documents are not submitted, the Company may refuse to accept the registration.
5. Minors must obtain the consent of their legal representative when registering for membership in the Service. Upon completion of the registration, the minor is deemed to have the consent of his/her legal representative to use the Service and to these Terms and Conditions.
6. A minor may not revoke any legal action related to the Service if he/she uses the Service without the consent of his/her legal representative, if he/she uses the Service falsely claiming to have consent or to be of legal age, or if he/she uses fraudulent means to make others believe that he/she has legal capacity to act.
Article 4 (Application for Registration Information)
１．Members must provide true and accurate information when registering. The Company will provide the service based on the registration information provided by the member. The Company shall not be liable for any damage incurred by a member due to false, erroneous, or omitted information in the registration information. 2.
2. Members shall notify the Company of any changes to their registration information within 14 days of such changes in a manner determined by the Company, and shall submit any materials requested by the Company. 3.
3. In the event that a notice from the Company is not received due to the Member’s failure to give notice as specified in the preceding paragraph, such notice shall be deemed to have been received at the time it would normally be received.
Article 5 (Account Management)
1. Members shall manage and keep their accounts at their own risk and shall not allow any third party to use their accounts, or lend, transfer, change the name of, or sell their accounts. If the Company confirms that the account matches, the Company will assume that the member registered as holding the account has used the Service. 2.
2. The Company shall not be liable for any loss or damage due to inadequate account management or use by a third party, and the Member shall be solely responsible for such loss or damage.
3. If a member discovers that his/her account has been stolen or used by a third party, the member shall immediately notify the Company and follow the Company’s instructions.
Article 6 (Use of the Service)
1. Members may use the Service only during the period of valid membership registration, within the scope of the purposes of this Agreement and without violating this Agreement. 2.
2. The Service is licensed only for the Member’s own account. Members may not allow any third party to use or disclose the Service without the Company’s permission, and if a member violates this rule, the member’s use of the Service may be suspended, and the member agrees to this in advance. 3.
3. The Service shall be provided via e-mail newsletters delivered to the e-mail address registered by the Member and on the Company’s website. 4.
4. Members shall be responsible for preparing and maintaining the computers, software, other equipment, communication lines, and other communications environment necessary to receive the Service at their own expense and responsibility.
Article 7 (Usage Fees for this Service)
1. In the Service, members may use services within the Service by paying a usage fee. The usage fee for the Service and the method of payment shall be determined separately by the Company and displayed on the Service or on the Company’s website.
2. The Company shall not be obligated to refund the usage fees received from members for any reason, except as expressly provided in the Terms of Service, such as withdrawal request made at least one business day prior to the first provision of service, and members agree to this in advance.
Payment shall be made by credit card via PayPal, an online payment processing service, or by any other method determined by the Company. In the case of bank transfers, bank transfer fees shall be borne by the member. 4.
The Company may change the price of the Service at any time. If the Company changes the price, it shall notify the member at least 20 days prior to the effective date of the new price. If the member does not cancel the service agreement by the effective date of the new price, the member shall be deemed to have agreed to the new price.
Article 8 (Term of Use of the Service)
1. The period of use of the Service shall be the duration of the course purchased by the Member. However, viewing of some of the curricula of the course shall be available after the account is issued. 2.
2. If a member has applied for this service and has not submitted a cancellation request to the Company by the deadline specified by the Company and has not made the payment described in the preceding article by the due date, the member shall be automatically withdrawn from the membership. If a member wishes to use the service again after withdrawal, the member must re-register. In that case, the user agrees in advance that the data from before the withdrawal will not be transferred after the re-registration.
Article 9 (Prohibited Acts)
会員は、本サービスの利用にあたり、自ら又は第三者をして以下の各号のいずれかの行為をしてはなりません。
In using the Service, a Member shall not do any of the following acts by itself or by a third party: 1.
1. Transferring, using, selling, buying, selling, changing the name of, pledging, or offering as collateral the right to use the Service to a third party.
2. Use (including reproduction, transmission, reprinting, modification, etc.) of the contents provided by the service beyond the planned form of use of the service.
3. transferring or lending access information to a third party, or allowing a third party to use such information
4. infringing the Company’s business, honor, credit, copyrights, trademarks, other intellectual property rights, portrait rights, privacy, etc.
5. to violate laws, court judgments, decisions or orders, or legally binding administrative measures, or to encourage such acts
6. acts that offend public order and morals or that are detrimental to good morals
7. acts of fraud, abusive language, or threats against the Company’s employees, other members, or other third parties
8. obstructing the operation of this service
9. using the service directly as a business act of oneself or a third party
10．Providing services based in whole or in part on the Service. 11.
11. altering, modifying, disassembling, decompiling, reverse engineering or otherwise analyzing the Service
12. placing an excessive load on the Service’s network or system, etc.
13. Unauthorized access to the overall system of this service, or unauthorized rewriting or deletion of information stored in said system.
14. The act of using an account different from the one allocated to the member. 15.
15. sharing one member information with a person other than the member himself/herself, allowing a person other than the member himself/herself to use the Service, or allowing one member to register for multiple memberships
16. multiple cancellations of the same product within the Service
17. acts of advertising, advertising, solicitation, or sales on the Service without the prior consent of the Company
18. acts of providing benefits to antisocial forces, etc.
19. acts that violate these Terms of Service or individual terms of use, or acts that are contrary to the purpose and objectives of the Service
20. acts of accessing the Service for the purpose of developing or improving competing or similar services
21. Other acts that the Company deems inappropriate.
Article 10 (Withdrawal from Membership)
1. If a member notifies the Company of his/her intention to cancel the membership by the date specified by the Company, the member may cancel the service and withdraw from the membership.
The Company may terminate a member’s membership in accordance with the respective provisions of the Agreement. In this case, the membership withdrawal process is considered complete when the Company notifies the member by e-mail or other means that the membership has been cancelled. In this case, the member will not be able to use the service after the withdrawal procedure is completed. 3.
3. If there are any remaining debts owed to the Company at the time of withdrawal, the member will forfeit all such debts and must immediately pay all such debts to the Company. 4.
4. The member shall not be exempt from all obligations and liabilities (including but not limited to compensation for damages) to the Company and other third parties under the service use agreement even after the member withdraws from the service. 5.
5. The Company may retain and use information provided by a member to the Company even after the member has withdrawn from the Service.
6. When a member registers to use the service again after withdrawing from the membership, the member must go through the membership registration process again. Members shall agree in advance that their pre-convention data will not be transferred after the registration process is completed again.
Article 11 (Measures to be taken in case of violation of the Terms and Conditions, etc.)
If the Company determines that a member falls under or is likely to fall under any of the following items, the Company may, at its discretion, temporarily suspend or limit the member’s registered information, use of the Service, or delete the member’s account.
1. if a member violates any provision of these Terms of Use
2. if a member is late in payment of fees for the use of the Service and fails to cure such delay within 7 days of the Company’s request; or
3. when all or part of the registration information provided to the Company is found to be false
4. if the member stops making payments or becomes insolvent, or if there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
5. in the event of the death of a member or the commencement of guardianship, conservatorship, or assistance
6. if a member is found to be a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, guardian, conservator, or assistant
7. when there is no response to inquiries from the Company for 30 days or more
8. if the applicant is an anti-social force, etc., or is involved in any interaction or involvement with anti-social forces, etc., such as cooperating or being involved in the maintenance, operation or management of anti-social forces, etc., through funding or other means; or
9. in spite of having a sufficient track record of use of this service, canceling multiple times before the money-back guarantee expires
10. when the Company deems it necessary for the operation and maintenance of the Service.
The Company shall not be liable for any damages incurred by a member as a result of the Company’s actions under this Article, and the Company may retain and use the information provided by the member to the Company even after the member’s account is deleted.
Article 12 (Changes, Additions, Discontinuance, Suspension, etc. of the Service)
The Company may change or add to all or part of the contents of the Service without prior notice to members. 2.
The Company may, at its discretion, terminate provision or operation of all or part of the Service. If the Company, at its discretion, terminates the provision or operation of all or part of the Service, the Company will notify members to that effect in a manner the Company deems appropriate. However, in case of emergency, the Company may not notify members. 3.
3. The Company may suspend or discontinue the Service without notice if it is difficult to provide the Service for any of the following reasons, in which case members agree that they may not use the Service.
(a) In the event of periodic or emergency maintenance or repair related to hardware, software, communication equipment facilities, etc. for the Service.
(b) When the system is overloaded due to excessive access or other unforeseen factors
(c) When there is a need to ensure member security
(d) When the services of telecommunications carriers are not provided
(e) When the provision of this service is difficult due to force majeure such as natural disasters
(f) When provision of the Service is difficult due to fire, power failure, other unforeseen accidents, war, disputes, riots, labor disputes, etc.
(k) When the operation of the Service becomes impossible due to laws or these measures
(k) In other cases similar to each of the preceding items, when the Company deems it necessary, or for other unavoidable reasons.
The Company shall not be liable for any damages incurred by members as a result of actions taken by the Company in accordance with this Article.
Article 13 (Attribution of Rights)
1. All intellectual property rights related to the Service and the information and other content provided by the Company in the Service belong to the Company. Reproduction, performance, public transmission (including making transmittable in the case of automatic public transmission), transfer, lending, modification, etc. of part or all of these without permission is prohibited.
２．In the event of violation of the preceding paragraph, the Company may take civil (compensation for damages, etc.) or criminal action.
Article 14 (Collection, Analysis and Handling of Information on Members)
1. The Company’s handling of member information, including registration information, is governed by a separate privacy policy, and members agree to the Company’s handling of such information in accordance with the privacy policy. 2.
2. The Company may, at its discretion, use registration information provided by members to the Company for purposes such as the provision and operation of the service, improvement and enhancement of the service, or disclose such information as statistical information in a form that does not identify individuals, and members agree to this.
Article 15 (Confidentiality)
1. Member shall treat as confidential any non-public information disclosed to Member by the Company in connection with the Service that Member requests to be treated as confidential, except with the prior written consent of the Company. 2.
2. Member shall, whenever requested by the Company, without delay and in accordance with the Company’s instructions, return or destroy the information described in the preceding paragraph, any documents or other recorded media containing the information described in the preceding paragraph, and all copies thereof.
Article 16 (Disclaimer of Warranty and Indemnification of Liability and Damages)
1. Members shall prepare and maintain at their own expense and responsibility the computers, smartphones, other devices, software, communication lines, and other communication environment necessary to receive the Service. The Company does not guarantee that the Service is compatible with any equipment, etc. 2.
2. Members shall use the Service at their own risk and shall be fully responsible for any and all actions and results of their use of the Service. 3.
3. The Company shall not be responsible for any dispute between a member and a third party in connection with the Service.
The Company makes no warranty of any kind with respect to the Service, and does not guarantee that the Service will be free from defects in fact or law, except as expressly provided in the Terms of Service.
5. If the Company suffers any direct or indirect damages (including attorney’s fees) in connection with the use of the Service, the Member shall immediately compensate the Company for such damages in accordance with the Company’s claim.
6. The Company shall not be liable to compensate for any loss or damage incurred by the Member in connection with the Service, including, but not limited to, suspension, termination, or modification of the Service by the Company, withdrawal from membership, loss of data or malfunction of equipment due to use of the Service, or any other damage incurred by the Member in connection with the Service.
Article 17 (Severability)
1. Even if any provision or part of a provision of this Agreement is determined to be invalid or unenforceable under laws and regulations, the provisions other than the provision or part that is determined to be invalid or unenforceable (hereinafter referred to as “invalid part”) shall remain in full force and effect.
２．If any provision or part of a provision of this Agreement is determined to be invalid or unenforceable in relation to a Member, the validity of the provision or part in relation to other Members shall not be affected.
Article 18 (Governing Law and Agreed Jurisdiction)
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, and any and all disputes arising out of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Osaka District Court as the court of first instance.
Article 19 (Consultation and Settlement)
In the event of any matter not stipulated in the Terms of Use or any question arising from the interpretation of the Terms of Use, the Company and the member shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith.
