981.jp Terms of Use for Tri-set Documents of Past Auction Properties The data you may download from "981.jp" website provided by Real Estate Auction Circulation Association("FKR") is the services for members who shall agree with "981.jp Terms of Use for Tri-set Data of Past Auction Properties." Users shall be deemed to have agreed with these terms through their use of the services. Article 1. Application of These Terms These 981.jp Terms of Use for Tri-set Documents of Past Auction Properties ("These Terms") applies to the information distribution services provided by FKR on the website. All internet services provided are included in the services("Services.") Aside from These Terms, the Terms of Use and any other regulations ("Regulations") prescribed by FKR shall be treated as part of These Terms. If the Terms of Use and any other regulations are different, such regulations are given priority to the application. The notifications as stated in Article 3 given to the users ("Users") who use the Services shall be treated as part of These Terms. Article 2. Amendment to Terms of Use FKR may amend These Terms without prior notice to Users. The amended Terms shall be deemed to be applied to the Services. The amended Terms shall become effective at the time when such are posted on the website of 981.jp or fkr.or.jp unless stated otherwise by FKR. Article 3. Notifications from 981.jp FKR shall communicate any information, it deems appropriate to Users by using 981.jp or fkr.or.jp website postings or emails. If such notifications are sent through website postings or emails, they shall be deemed effective at the time they are posted or sent. Article 4. Use of Services The information from 981.jp is provided by analyzing public information given by government agencies. Users shall judge credibility and usefulness of information and agree to accept their own responsibilities. Users shall be deemed to agree to These Terms and accept their own responsibilities to use the Services. Users shall prepare all necessary equipment such as communication device, softwares and public lines. Users shall agree to use information which was obtained through the Services for their own research purposes. Users shall agree not to sell information which was obtained through the Services. Article 5. Intellectual Property Rights Users shall agree that all information (including images, sounds, text, pictures and softwares) provided through the Services by FKR, are protected by all copyrights, trademark rights, patent rights or other intellectual property rights and laws. Article 6. Emails and Uploaded Web Contents FKR shall not be liable for the contents of email messages or uploaded web contents made by FKR, Users, non-agent users or the third party. Users shall take responsibility for emailing, uploaded web contents and messages, dealing with email service providers, and other related conditions, guarantees and statements. In addition, Users shall agree that FKR will take no responsibility for any loss or damage of any kind resulting from users' related correspondences. Article 7. Provider Users shall acknowledge that dealings with third party vendors found through the Services, including your participation in promotions, other related conditions, guarantees or statements and the purchase of goods or services are between Users and the third parties. FKR shall take no liability for the third parties or their activities that Users involve. In addition, Users shall agree that FKR will take no responsibility for any loss or damage caused by FKR, its users, non-agent users, or the third party resulting from Users' related correspondences. Article 8. Prohibition Users shall not engage in the following acts in using the Services: To falsify or delete information that may be used for the Services or to send/post false information. To engage in activity that violates or has the possibility of violating copyrights, trademark rights or intellectual property rights belonging to FKR, other Users or the third parties. To make false accusations and discriminatory, damaging or hurtful statements against FKR, other Users or the third parties. To engage in activity that infringes or has the possibility of infringing on the property, privacy, portrait or publicity rights belonging to FKR, other Users or the third parties. To send advertising or soliciting emails without prior permission to FKR, other Users or the third parties which may be construed as offensive and to interrupt email reception of others, to request to forward chain emails, or to forward such emails complying with requests. To conduct any action that would lead to crimes such as fraud. To establish pyramid schemes or to solicit them. To send or post any image or document which may be pornographic or may involve child abuse. To conduct election campaigns or similar activities or to violate Public Office Election Law. To use, provide or promote harmful programs such as computer viruses. To use other user's or a third party's identity to use the Services. To attempt any unauthorized access to other computer systems or networks which are connected to the Services. Any other act that violates laws or public order and morality (including prostitution, violence or savagery) or put other Users, third parties or FKR at a disadvantage. To promote any of the mentioned acts. Any other acts that FKR deems inappropriate. Article 9. Suspension of Services FKR may temporarily suspend providing the Services without prior notice to Users under the following circumstances. An unavoidable circumstance due to maintenance or construction of facilities for the Services. An unavoidable circumstance due to failures of facilities for the Services. When telecommunication service is unavailable due to the first-class telecommunications carrier or any other telecommunications carrier, being difficult to provide the service. Any other circumstances which FKR deems necessary for temporary suspension due to an operational or technical reason. Article 10. Discontinuation of Services FKR may discontinue part or all of the Services with adequate prior notice to Users. Such notice is conveyed by site postings on 981.jp/fkr.or.jp or emails to Users (who use our email services) and it shall become effective at the time as prescribed in Article 3. After conveying notice to Users as mentioned above, FKR shall not be liable for any damage, loss or any other expenses arising out of the discontinuation of the Services. Article 11. Confidential Information and Privacy FKR shall protect the privacy of Users as under Article 4 of the Telecommunications Business Law. FKR shall not disclose Users's personal information which are obtained through the Services, to third parties, except for in the following situations: Cases in which compiling and analyzing personal information is necessary for purposes such as service improvement. Cases in which a specific individual is impossible to identify as a result of compiling and analyzing as mentioned above. Cases in which part of the Services is transfered and all rights and obligations are legally carried over to the transferee. Any other situations which disclosing or using personal information arbitrarily is necessary with Users' approval. If required based on a warrant issued by a court, any other court determination, order or laws and regulations. If required legitimately by the prosecution, the police or supervisory authorities. Cases in which FKR deems necessary for the protection of FKR's profit. FKR shall disclose personal information in case of a claim falls under Article 4 of The Provider Liability Limitation Law (official name: Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and The Right to Demand Disclosure of Identification Information of the Senders) Article 12. Protection of Personal Information FKR shall handle Users' personal information properly and abide by the privacy policy separately posted on 981.jp website. Article 13. Limitation of Liability FKR shall not be responsible for any damage or loss to Users due to the use of the Services. FKR shall not be liable for any damage or loss to Users due to the use of this Services, in case of Article 2 (Amendment to Terms of Use), Article 9 (Suspension of Services) or Article 10 (Discontinuation of Services) shall apply. FKR shall not be liable in cases where Users inflict damages on other Users or third parties in use of the Services. FKR shall provide no guarantee whatsoever in regard to the accuracy, integrity, usefulness or the like of the information that Users obtain through their use of the Services. FKR shall not guarantee whatsoever in regard to the operation of any softwares and hardwares that are used by Users. FKR shall have no liability whatsoever for any expenses charged by telephone companies or telecommunication carriers arising from access to the site. Users shall agree to be responsible for those costs. Article 14. Compensation for Damages FKR may claim compensation including legal fees against Users in the event Users cause damages to FKR as violating These Terms or using the Services illegally. Article 15. Governing Law These Terms shall be governed by the laws of Japan. Article 16. Court of Jurisdiction Users and FKR shall agree that any dispute relating to these Terms shall be exclusively submitted to Tokyo Summary Court or Tokyo District Court in the first instance. Article 17. Supplementary Provision These Terms of Use shall be effective as November 1, 2010.
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