Terms of Service

The Terms of Service are for providing the Services defined below, and is an agreement between DigitalCube Co. Ltd. and you or the company or entity you represent. This Terms of Service include rights and obligations between the Company and registered users of the Services. This Agreement takes effect when you click an “I Accept” or “I Agree” button or check box presented with these terms or, if earlier, when you use any of the Services.

Definitions

“Service Agreement” means Terms and Conditions, other agreements related to Services between the Company and Registered user(s).
“Company” means “DigitalCube”, “DigitalCube Co. Ltd.”, “DigitalCube Inc.”, ” we”, “us”, or “our”.
“Website” may refer to the following:

Company Website (DigitalCube Co. Ltd.)

“Services” means any and all services and solutions provided by the Company directly from the company website, service website or through DigitalCube list of products at AWS Marketplace.
“Registered User(s)” means “you”, “your”, any person, company or any entity that has been registered as a user of the Services.
“IP Rights” means copyrights, patents, trademarks, utility rights, design rights and other intellectual property rights (including the rights to obtain or to apply for registration of such rights).
“Posted Data” means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the Registered User hereunder .

Applicability

The purpose of the following is to set the terms and conditions for providing the Services and obligations between the Company and registered users. These Terms and Conditions shall apply between you and the Company with the Services.
Any rules for using our Services provided on our Company and Service sites shall constitute as integral parts of our Terms and Conditions.
For any conflict between this Terms and Conditions and rules set on our sites, this Terms of Service shall prevail.

Registration

An individual, company or any entity (may be referred as “Applicant” or “User”) wishing to use the Services may apply or register through the Company, directly from AMIMOTO site, or AWS Marketplace provided they agree to the Service Agreement and/or Terms and Conditions.
The Company shall determine whether to register a User in accordance to the Company’s criterion. The User may be notified of its approval through email, account activation, and/or being able to use the Service. The Applicant or User’s registration as “Registered User” shall be completed upon the notice of the Company, or once the User is able to use the Service.
Upon completion of the registration, the Service Agreement shall become effective between the Registered User and the Company, allowing the Registered User to use the Services according to these Terms and Conditions.
The Company reserves the rights to refuse registration or re-registration of a User without any obligation to disclose the reasons, in the event that:

Any or all the Registration Information provided by the User to the Company is found to be false, inaccurate, or omitted;
The User is a minor, person under curatorship or assistance, for which approval has not been obtained from a legal representative, guardian, curator or assistant;
The User is a minor, person under curatorship or assistance, for which approval has not been obtained from a legal representative, guardian, curator or assistant;
The User was determined by the Company to (i) constitute an organized crime group, or member thereof, rightist organization, anti-social force, or other similar person or entity (“Antisocial Force”), (ii) have any interaction or involvement with an Antisocial Force, or (iii) assist to be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
The User was determined to have been in violation of any agreements with the Company or the Services;
The applicant has suffered any of the measures under Registration Cancellation section; or The Company deems that the registration inappropriate.

Change of Registration Information

The Registered User shall notify the Company of any change to the Registration Information in accordance with such manner as prescribed by the Company.

Password and User ID Management

The Registered User shall be responsible for keeping and maintaining its password and user ID for the Services, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of the same.
The Registered User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the Registered User’s password or user ID by a third party.

Fees and Payment Method

In consideration of the Services hereunder, the Registered User shall pay to the Company such fees as may be established by the Company and indicated on the Website, Contract, or any payment agreement form, according to the payment method designated by the Company.
If the Registered User fails to pay the above fees when due and payable, the server will stop. The Registered User is obliged to pay the fees and contact us if you wish to use the service again.

Prohibited Actions

When using the Services hereunder, the Registered User may not conduct any of the following acts or any act that the Company determines falls under any of the following:

acts that violate any laws or regulation or that are associated with criminal activity;
acts that defraud or threaten the Company, other Registered Users or other third parties;
acts against public order and good morals;
acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Registered users or other third parties;
acts to transmit to other Registered Users, through the Services, or any transmissions that the Company determines includes any of the following:
- excessively violent or cruel content;
- computer viruses or other hazardous computer programs;
- content that damage the reputation or the credit o the Company, other users of the Services or other third parties;
- excessively indecent content;
- content that encourages discrimination; content that encourages suicide or self-mutilation;
- content that encourages drug abuse;
- antisocial content; content for the purpose of disbursing information, such as chain mails;
- content that causes uncomfortable feelings to third parties;
- content for the purpose of encountering persons for sex;
acts that place an excessive burden on the network or system of the Services;
acts that threaten to interrupt the operation of the Services;
acts to access or attempt to access the system or network of the Services improperly;
acts to impersonate a third party;
acts to use the user ID or password of other users of the Services;
acts of exploitation, advertisement, soliciting or marketing without the Company’s prior consent;
acts to collect information of other users of the Services;
acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
acts that violate the Rules;
acts to provide Antisocial Forces with profit;
acts that are intended to encounter unacquainted persons of the opposite sex;
acts that directly or indirectly evoke or facilitate acts listed in the preceding items; or
other acts that the Company deems to be inappropriate.

Suspension of Services

The Company shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Services, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
- Computers or communication lines have been disrupted due to an accident;
- The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm, flood, power blackout and other natural disasters; or
- The Company determines that suspension or discontinuance is required for other reasons .
Under no circumstance that the Company shall be liable for any damages incurred by the Registered User arising out of any measures taken by the Company pursuant to this Suspension of Services section.

Ownership Rights

Any and all IP Rights related to the Website and the Services are expressly reserved by the Company or the Company’s licensor. Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights owned by the Company or the Company’s licensor.
The Registered User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data so posted does not infringe any third party rights.
The Registered User hereby grants to AMIMOTO, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, AMIMOTO is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
The Registered User hereby agrees not to exercise moral rights against the Company or any other person who succeeded to the same from the Company or a license thereof.

Registration Cancellation

The Company, may without prior notice or demand, delete the Posted Data, or temporarily suspend the use by the Registered User of the Services, cancel the Registered User’s registration as such or terminate the Service Agreement, in the event of any of the following:
- The Registered User failed to comply with any of provisions hereof;
- Any of the Registration Information is found to be false;
- The Registered User underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Registered User;
- The Registered User has not used the Services for [6] months or more;
- The Registered User has not responded to inquiries from the Company or other communications (such as Service Support team) requiring its response for [30 days] or more;
- The Registered User falls under any subparagraphs of Registration Section Part 4; or
- In addition to the foregoing, if the Company determined that it is inappropriate for the Registered User to use the Services, maintain its registration as a Registered User, or have the Service Agreement remain in effect.
- Incase a content on website hosted on our service against AWS Acceptable Use Policy ( https://aws.amazon.com/jp/aup/ ) and we can not see any improvements after 3 days we inform.
If one or more events specified above occurred, all amounts owed to the Company by the Registered User shall be paid in full, other the Service will be terminated.
The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with, any actions taken by the Company pursuant to this Registration Cancellation section.

Withdrawal

The Registered User may withdraw from the Services and cancel its registration as a Registered User by giving notice to the Company to that effect and pursuant to such manner as specified by the Company.
Upon withdrawal, all amounts then due and payable from the Registered User, if any, shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
Treatment of user information after the withdrawal shall be subject to the provisions of Treatment of User Information section.

Services Modification and Termination

The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the Registered User of any intended termination by the Company of the Services.
The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with, any actions taken by the Company pursuant to this Services Modification and Termination section.

Disclaimer and Waiver of Warranties

The Company makes no representation or warranty of any kind, express or implied with respect to the Services (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose by the Registered User, (ii) that the Services have expected functions, commercial values, accuracy, or usefulness, (iii) that the use by the Registered User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects).
Under no circumstances shall the Company be liable for any damages incurred by the Registered User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the Registered User to the Services, deletion of the registration of the Registered User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (“Damages”).
The Company shall not be liable for any amount exceeding the consideration paid by the Registered User to the Company for the immediately previous (12 months) in relation to Damages incurred by the Registered User that are attributable to the Company for any reasons whatsoever. Under no circumstances shall the Company be liable for incidental, indirect, special, future damages and lost profits.
The Company shall not in any way be liable for transactions, communications or disputes arising between the Registered User and other Registered Users or a third party in connection with the Services or the Website.

Confidentiality

The Registered User shall keep confidential any and all non-public information disclosed by the Company to the Registered User for which the Company has imposed the Registered User a confidentiality obligation in connection with the Services, unless the Registered User has obtained prior written approval from the Company.

Treatment of User Information

Treatment by the Company of the Registered User’s information shall be subject to the provisions of our Privacy Policy, which are separately prescribed, and the Registered User hereby agrees to treatment by the Company of the Registered User’s information subject to such Privacy Policy.
The Company may, in its sole discretion, use or make public any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify an individual, and the Registered User may not challenge or dispute such use.

Amendments

The Company reserves the rights to revise these Terms and Conditions. In the event of any change to these Terms and Conditions, the Company shall notify the Registered User thereof. If the Registered User fails to take steps to cancel its registration within the time specified by the Company after the notice set above, the Registered User shall be deemed to have agreed to such change to these Terms and Conditions.

Notice

Any inquiries related to the Services or other communications or notices from the Registered User to the Company, or notices concerning any change to these Terms and Conditions or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

Assignment

The Registered User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under these Terms and Conditions, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Assignment section Part 2, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form or restructuring of the Company that would result in a business transfer.

Severability

If any provision of these Terms and Conditions or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.