Terms of Use

These terms of use (hereinafter referred to as the “Terms”) stipulate the conditions for using the services (hereinafter referred to as the “Services”) that Shimadzu Diagnostics Corporation, (hereinafter referred to as the “Company”) provides on this website. Registered users (hereinafter referred to as the “Users”) are to use the Services by following the Terms.

Article 1 (Application)

The Terms will apply to all relationships related to use of the Services between the User and the Company.

Article 2 (Use registration)

1. 1. A person who wants to register is to apply for use registration by using the method stipulated by the Company and complete use registration based on the Company’s approval of that application.
2. 2. In the event that the Company has judged that a person who has applied for use registration has a reason stated below, it may not approve the application for use registration, and it will not bear any obligation for disclosure of that reason.
   1. (1) When the person gave notification of a false matter when applying for use registration
   2. (2) When it is an application that was made by a person who has violated the Terms
   3. (3) When it is a minor, an adult ward, a person under curatorship, or a person under assistance, and agreement by his or her legal representative, guardian, curator, or assistant has not been obtained
   4. (4) When it is an antisocial force (refers to an organized crime group, a member of an organized crime group, a right-wing organization, an antisocial force, or another party that is equivalent to one of these), or when the Company has judged that it is a party that has some kind of interaction or involvement with an antisocial force, such as providing funds or using other means to maintain, operate, or manage an antisocial force, etc.
   5. (5) When the Company has otherwise judged that use registration is not appropriate

Article 3 (Management of user ID and password)

1. 1. The User is to manage the Services’ user ID and password at his or her own liability.
2. 2. The User cannot transfer or loan the user ID or password to a third party in any circumstance. In the event that log-in was conducted with the combination of the user ID and the password matching the registration information, the Company will deem that it is use by the User who registered that user ID.

Article 4 (Prohibited matters)

When using the Services, the User may not conduct the actions stated below.

1. (1) Actions of posting images other than those of Compact Dry, which is the Company’s product, in the Services
2. (2) Actions that violate laws, ordinances, or public order and morals
3. (3) Actions related to criminal actions
4. (4) Actions that destroy or hinder the Company’s server or network
5. (5) Actions that have a possibility of hindering operation of the Company’s services or use of the Services by other Users
6. (6) Actions of gathering, accumulating, disclosing or providing personal information related to other Users
7. (7) Actions of pretending to be the Company or other Users, or actions of intentionally dispersing false information
8. (8) Actions of giving advantages to antisocial forces, either directly or indirectly, in relation to the Company’s services
9. (9) Actions that infringe the intellectual property rights, portrait rights, privacy, honor, or other rights or profits under laws and ordinances or contracts of the Company, other Users, or third parties
10. (10) Actions of posting or sending excessively violent expressions, explicit sexual expressions, expressions that will lead to discrimination due to race, nationality, beliefs, gender, social status, or lineage, expressions that will induce or promote suicide, self-injurious behavior, or drug abuse, or other expressions that will cause other people to feel unpleasant, including antisocial content
11. (11) Actions for sales, publicity, advertisement, invitation, or other actions for the purpose of profit (excluding things that were allowed by the Company); actions for the purpose of sexual actions or obscene actions; actions for the purpose of meeting or dating strangers of the opposite sex; actions for the purpose of harassing, libeling, or slandering other Users; or other actions of using the Services for a purpose that differs from the purposes of use that are planned by the Services
12. (12) Religious activities or actions of invitation to religious organizations
13. (13) Other actions that the Company judges as inappropriate

Article 5 (Suspension of provision of the Services)

1. 1. The Company can suspend, discontinue, or change provision of all or a portion of the Services without notifying the User in advance.
2. 2. The Company will not bear any liability whatsoever, irrespective of the reason, for any disadvantages or damage incurred by the User or third parties due to suspension or discontinuation of provision of the Services.

Article 6 (Copyrights, etc.)

1. 1. The User can use the Services, make posts, or conduct editing only for information, such as text, images, and videos for which he or she possesses the necessary intellectual property rights, such as copyrights, or for which he or she has obtained the necessary license from the right holder.
2. 2. The intellectual property rights, such as copyrights, for text, images, and videos that the User posted or edited by using the Services will be retained by that User or the other existing right holder. Provided, however, that the Company can use text, images, and videos that were posted or edited by using the Services, and the User will not exercise the moral rights of an author in relation to such use.
3. 3. Excluding the stipulations of the first sentence of the previous item, all copyrights and other intellectual property rights for the Services and for all information related to the Services will attribute to the Company or the right holders who licensed their use to the Company, and the User may not, without permission, conduct duplication, transfer, loan, translation, alteration, reprinting, public transmission (including making transmission possible), delivery, distribution, publication, or commercial use.

Article 7 (Restriction of use and cancellation of registration)

1. 1. In a case below, the Company can, without advance notification, delete posted data, restrict the User’s use of all or a portion of the Services, or cancel registration as a User.
   1. (1) When any of the clauses of the Terms have been violated
   2. (2) When it has become clear that there is a falsehood in a registered matter
   3. (3) When a motion has been made for a decision to commence procedures for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation
   4. (4) When the Services are not used for a one-year period or longer
   5. (5) When a period of thirty days or longer has passed since an inquiry by the Company or other contact requesting a reply, and there is no response
   6. (6) When one of the items of Article 2.2 applies
   7. (7) When the Company has otherwise judged that use of the Services is not appropriate
2. 2. The Company will not bear any liability whatsoever for damage incurred by the User due to actions conducted by the Company based on this article.

Article 8 (User’s responsibility)

1. 1. The User shall use the Services at its own responsibility, and shall bear any and all responsibility for any action taken related to the Services as well as for the results of any such action.
2. 2. The User shall, if the Company incurs any damage, whether directly or indirectly, due to the User’s use of the Services, immediately compensate therefor in accordance with the Company’s request.

Article 9 (Denial of guarantees and disclaimer)

1. 1. The Company does not make any explicit or implicit guarantees that there are not actual or legal defects (including safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, flaws related to security, errors, bugs, and right infringement) in the Services.
2. 2. The Company will not bear any liability whatsoever for any damage incurred by the User due to the Services. Provided, however, that the foregoing shall not apply in the case where any relevant contract between the Company and the User regarding the Services (including the Terms) constitutes a consumer contract under any applicable laws that provide consumer protection.
3. 3. Even in the case of the proviso of the immediately preceding Paragraph, the Company will not bear any liability for any of those damage arising from special circumstances (including the case where the Company or the User foresaw or could have foreseen the occurrence of such damage) among the damage incurred by the Users from the Company’s default or tort due to negligence (excluding gross negligence).
4. 4. In the case where compensation is to be made for the damage incurred by the User as a result of the Company’s default or tort due to negligence (excluding gross negligence), the maximum amount thereof shall be JPY 1,000 (one thousand).

Article 10 (Changes of terms of use)

In the event that the Company has judged that it is necessary, it can change the Terms at any time without notifying the User.

Article 11 (Notification and contact)

Notification or contact between the User and the Company will be conducted according to the method stipulated by the Company.

Article 12 (Prohibition of transfer of rights and obligations)

The User cannot, without the Company’s prior written consent, transfer to a third party his or her position under the use agreement or rights or obligations based on the Terms.

Article 13 (Reference language, governing laws, and dispute resolution)

1. 1. The English language will be the reference language for the Terms, and the laws of Japan will be the governing laws for interpretation.
2. 2. Of all disputes related to the Terms, disputes related to intellectual property rights, such as copyrights, will follow the Japan Intellectual Property Arbitration Center’s Rules for Arbitral Proceedings and be finally resolved by arbitration in Tokyo, and other disputes will follow the Japan Commercial Arbitration Association’s Commercial Arbitration Rules and be finally resolved by arbitration in Tokyo.