NijiGEN Portal Terms of Service

Introduction

These Terms of Service (referred to as “Terms”) apply to your access and use of the websites, contents and services (collectively referred to as “Services”) provided by NijiGEN, Inc (referred to as “The Company”).

In these Terms, "you" "your" or "the User" refers to any users of our Services and "we" "us" "our" or "the Site" refer to the operator of our Services.

By clicking “I accept”, or by accessing or using our Services, you are deemed to have agreed to these Terms.

If you do not agree to these Terms, please do not access or use our Services.

Definition

1. Works data

"Works Data" refers to PDF data of content provided by each Circles registered in our Service.

2. Electronic rental

"Electronic rental" refers to a service that allows you to use the content for a certain period of time within the scope specified in these Terms and individual Terms by paying the amount that has been set by each Circles that provides the Works data.

3. Circle

"Circle" refers to the seller and manager who has the copyright of each Works data provided through our Services, regardless of whether the Circle is an individual, group, or company.

Article 1 (Scope and Nature of these Terms)

Terms or our Services applies to all services that NijiGEN Portal offers and to all the Users.

The Company reserves the right to modify, eliminate, and add any part of Articles in this Terms, without prior notice. Or the Company reserves the right to change our Services including eliminating or discontinuing any Works data, content and services in the Site.

By continued use of our Services after such terms and conditions have been posted, you agree to abide by such changes.

In addition to these Terms, we may ask you to accept additional terms that apply to specific function, promotions, Works data or services (including, but not limited to, posted fees, billing procedures, and promotion rules).

If the additional terms contradict the original Terms, the additional one should be applied with respect to your access to or use of the applicable function, promotion, Works data or service.

Article 2 (Eligibility of Users)

You must be at least 18 years old to access or use our Adult Services.

The Company shall not be liable for any disadvantage and trouble caused by you due to age fraud or name fraud.

If you are accessing or using our Services on behalf of another person, you represent that you are authorized to accept these Terms on that person’s behalf and that the person agrees to be responsible to us if you or the other person violates these Terms.

Certain Services may not be available in all jurisdictions, and we reserve the right to impose additional eligibility requirements.

The Services are intended for access and use from within Japan.

If you choose to access the Services from outside japan, you do so at your own risk and are responsible for compliance with all local laws, rules, and regulations that may apply.

Article 3 (Agreement of Users)

We may decline or cancel the approval of use if the person who applies for its use falls under any of the following items.

Also, after the approval, we reserve the right to cancel the approval without prior notice.

  • 1. When we find the fact that the Users have been disqualified as Users in the past due to violation of These Terms or other reasons;
  • 2. When we find the fact that there was a false statement, misdescription or incomplete form in the application of use;
  • 3. When we find the fact that the payment through a financial institution, etc designated by the Users is suspended;
  • 4. When we find the fact that the payment for the use of our Services has been neglected;
  • 5. When we find the fact that the same User has applied for its use more than once; or
  • 6. When we judge the cancellation appropriate.

Article 4 (Control of Account)

You need to register for an account to access certain areas and features of our Services.

If you register for an account, you must provide accurate account information and promptly update this information if it changes.

You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

You may not assign, transfer, sell, change the ownership or pawn your account provided by our Services in any manner to any third party.

You take responsibility for the management and use of your account provided under the Agreement to avoid inflicting any damage on our Services.

You use our Services with your account on their own responsibility and shall be liable for any debt related to its usage.

If you want to delete your account for our Service, it is necessary to follow the procedure specified by us. The account must be deleted by the account registrant.

If you delete your account, you will lose access to certain areas and features of our Services, lose all history associated with your account, and unsubscribe from your e-mail magazine.

Also, even in the case of deleting your account, we reserve the right to deny refunds, such as the right of use of our Services and shall not be held liable under any circumstances.

Article 5 (Personal Use of our Services)

The Services are for personal use only.

Organizations, companies, or businesses may not use the Services for any purpose.

You must not copy, reproduce, sell, publish, upload, post, transmit or distribute any information you acquired through our Services in any manner; you may use the information for strictly personal use only as the Users of our Services.

Article 6 (Prohibited Acts)

You must not perform acts that fall under any of the following items, including acts that instigate or assist these acts, while using our Services.

  • 1.The act of using IDs or passwords incorrectly;
  • 2.The act of violating any constitutional, regional or local laws and regulations applicable to the location or country of the User when using our Services;
  • 3.The act of inflicting any physical damage or emotional distress to other Users;
  • 4.The act of slandering other Users or third parties, or any act that can be deemed as harassment;
  • 5.The act of violating any legitimate rights of our Services or a third party, including but not limited to property rights and intellectual property rights such as copyrights, portrait rights and publicity rights;
  • 6.The act of interfering with the operation of our Services or the act of ruining or destroying the credibility of our Services;
  • 7.The act of hindering the Site's system or infrastructure, or the act of intentionally exploiting defects of our Services;
  • 8.The act of directly or indirectly yielding a profit for antisocial forces or organized crime via a method relating to our Services;
  • 9.Any other act that we judge inappropriate.

Article 7 (Self-responsibility)

If a dispute arises between you and a third party or between you and a Circle in connection with the use of our Services, you shall resolve such dispute at your own risk and expense.

We are not responsible for disputes between the Users and the Circles.

If you damage us or a third party and a Circle in connection with the use of our Services, you shall be liable for such damages at your own risk and expense.

Article 8 (Privacy)

For information, please refer to our Privacy Policy.

Article 9 (Equipment and Software)

The Users must prepare communication equipment, printing equipment, print paper, communications lines, software, and all other equipment that are necessary to use our Service, on their own responsibility and at their expense.

In order to display the Works data rented electronically through our Services, you must use Acrobat Reader DC provided by Adobe Systems Incorporated, on a PC with windows or MAC OS. It is not possible to display the Works data in any other way.

In addition, we are not responsible for any disadvantages or troubles caused by your use of Acrobat Reader D.

Article 10 (Validity period of Works data)

The Works data Electronic rented through our services has a Validity period and cannot be redisplayed after the Validity period.

The Validity period of Works data is about 7 to 10 days after the Users Electronic rent the Works data, and the time zone is based on JST [UTC +09: 00].

Also, for security reasons, if you turn off automatic date and time settings on your device, you won't be able to view the Works data regardless of Validity period.

Article 11 (Communicating and Notice)

Notification from us to you shall be made by e-mail, posted on the Site, or by any other method deemed appropriate by us.

When you use our Services, you agree to do all communication electronically unless instructed otherwise.

Electronic communication refers to communication e-mail or other forms of electronic messaging.

We are unable to respond to phone calls from Users for accuracy or certainty reasons.

We will notify and contact you in Japanese or English.

If you cannot read or write in Japanese or English, please contact us in Japanese or English using the external translation service.

Please use simple and easy words when sending messages.

We are not responsible for any disadvantages arising from translation errors.

If the Notice is sent by e-mail, the Notice shall be deemed to have reached you at the time we sent an e-mail to you.

If the Notice is posted on the website, the Notice shall be deemed to have reached you at the time when the Notice is posted on the Site.

Article 12 (Japanese that is not partially translated)

Some sections [that are not automatically translated; such as title of the Works and Circle's description of the Works] of our Services are intended only for the Users who speak Japanese fluently.

To use these Works, you shall be required to have a good understanding of any of the information in Japanese.

The customer service in English is not intended for use of the Japanese Works.

We reserve the right to refuse refunds if there is a problem with your electronically rented Japanese Works data because you misunderstand or do not fully understand the information in the Japanese section.

Article 13 (Offer and price of Works data and Taxes)

Our Services consists of Works data offered by each Circles.

If a Circle cancels their account at our Services and no longer offers their Works at our Services, you may not be able to rent electronically the Works data or not be able to see the Works data online.

The price of electronic rental for each Works data are set by Circles, not by us.

All prices of electronic rental for Works data are shown in Japanese yen and of applicable taxes and other charges, if any, are additional.

We reserve the right to limit any Order, reject all or part of an Order, and discontinue offering certain Works without prior notice.

You are responsible for taxes, fees with respect to your order.

We will collect applicable taxes on Orders for which we determine we have a duty to collect.

If you are settling in a currency other than Japanese yen, even if the price of the Works data in Japanese yen is the same, the exchange rate and settlement fee at the time of electronic rental may be different.

Article 14 (Payment methods)

Payment methods when using our services can be made by credit card approved by us.

If a credit card company, has the regulations such as conditions of use and payment or limit of chargeable amount separately, you agree to comply with the relevant regulations.

In the case of conflict between you and the credit card company, the case shall be resolved by the both parties concerned, and we shall assume no responsibility.

If you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.

Article 15 (Order cancellation)

Due to the nature of our Services, we will not be able to accept any cancellation, refund, return or exchange because of your personal preferences.

Please consider carefully when placing an order, and check the contents carefully before placing an order.

Article 16 (Defects in Works data)

You who electronically rent a Works data using our Services shall promptly check the Works data delivered from us for defects, and if the Works data received is defective, you must notify us within 7 days from the date of receipt of the Works data.

If you do not notify us within 7 days of receipt of the Works data, we shall assume that you have received the Works data as ordered and that the Works data without defects has been delivered.

If the Works data electronically rented through our Services is defective, we shall provide you with defect-free Works data within 14 days after confirming that the Works data is defective.

However, we reserve the right to refuse redistribution and refund of the Works data if we check the Works data and determine that there is no defect.

Defects refer to broken data, missing pages, incorrect pages, errors in pages or significant differences between the Works description and the Works data.

We will not refund any fees already paid due to defects in the Works data you have electronically rented.

However, if we are unable to provide anything other than defective Works data, we will refund the fee paid by you at the time of electronic rental of the Works data.

When we make a refund, the maximum amount of the refund is the amount of Japanese yen paid by you when you electronically rent the Works data.

If you settle in a currency other than Japanese yen, the refund amount may vary depending on the exchange rate at the time of refund.

Article 17 (Temporary Suspension of our Services)

We may temporarily suspend our Services provided by us without prior notice when it falls under any of the following items:

  • 1.When periodic or urgent maintenance is performed on the system of our Services.
  • 2.When the system operation is technically interrupted or endangered by earthquake, fire, or any natural calamities, riot, labor dispute, unrest, act of public enemies, any law, order, regulation, power problem, etc.
  • 3.When we have reasonable grounds to unavoidably suspend our Services.

Article 18 (Termination of our Services)

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services.

We are not responsible for any loss or harm related to your inability to access or use our Services.

Article 19 (Severability)

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Article 20 (Disclaimers)

We make no representation about the accuracy, quality, legality, morality, or safety of any our Services and any Works data or other third-party content available on or linked to by our Services.

Our Services are provided without warranties of any kind.

Your use of our Services (Including printed the Works) is at your sole risk.

In addition, it does not represent or warrant that our Services or each Works data are accurate, complete, reliable, current or error-free with no defects.

While we attempt to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components.

You assume the entire risk as to the quality and performance of our Services.

Article 21 (Jurisdictional Issues)

Our Services (except linked websites) is administrated and provided by NijiGEN, Inc. from its office in Japan.

By accessing this website, both the Users and we agree that the laws and regulations in force in Japan, without regard to its conflicts of law principles, will apply to all matters relating to the use of our Services.

By accessing this website, both the Users and we further agree that all litigation out of or, in connection with the above-mentioned every term of use or material, shall be brought solely to the court which has jurisdiction over the seat of NijiGEN, Inc.

We make no representation that materials on this website are legitimate or appropriate for use in other countries or areas.

Furthermore, we make no representation that accessing this website is legitimate or appropriate in other countries or areas.

Those who choose to access this website from other countries or areas shall act on their own initiative and are responsible for compliance with applicable local laws.

Last Revised on January 20, 2020

Our Services (except linked websites) is administrated and provided by NijiGEN, Inc. from its office in Japan.

By accessing the Site, both the Users and we agree that the laws and regulations in force in Japan, without regard to its conflicts of law principles, will apply to all matters relating to the use of our Services.

By accessing the Site, both the Users and we further agree that all litigation out of or, in connection with the above-mentioned every term of use or our Services, shall be brought solely to the court which has jurisdiction over the seat of NijiGEN, Inc.

We make no representation that materials on the Site are legitimate or appropriate for use in other countries or areas.

Furthermore, we make no representation that accessing the Site is legitimate or appropriate in other countries or areas.

Those who choose to access the Site from other countries or areas shall act on their own initiative and are responsible for compliance with applicable local laws.


Last Revised on April 16, 2020