Terms and Conditions of Use
Last updated on June 13, 2018
The terms and conditions of use shown here(hereinafter referred to as the”Terms and Conditions”)set forth the terms between uberlist.org Corporation(hereinafter referred to as the”Company”)and users(hereinafter referred to as the”User”or”Users”depending upon context)of any services or features of uberlist.org(hereinafter referred to as the”Service”), which is provided by the Company.
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1.”content(s)”means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
1.2.”Separate Terms and Conditions”means documents released or uploaded by the Company that pertain to the Service, under the title”agreement,””guideline,””policy,”and the like.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.4. If there are Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.
3. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
4.1. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/herself.
4.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
4.4. The Company may suspend or delete a User’s account without giving prior notice to the User if the Company believes that the User is violating or has violated the Terms and Conditions.
4.5. The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
5.1. The Company places its highest priority on the privacy of its Users.
5.3. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
Users must install and execute our software under the terms of uberlist.org Software License Agreement.
7. The Company’s Exemption of Liability
7.1. The Company does not expressly or impliedly guarantee that the Service(including the Contents)are free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
7.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement(including but not limited to the Terms and Conditions)between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
7.3. Notwithstanding the condition stated in clause 7.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages(including but not limited to such damages that the Company or Users predicted or could have predicted)with respect to the Company’s contractual default or act of tort due to the Company’s negligence(except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company’s negligence(except for gross negligence)shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
8. Notification and Contact
8.1.When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
8.2.When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.