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Terms

Article 1 (Application)

  1. Your use of “STARTUP DB” (the “Service”) managed by for Startups, Inc. (the “Company”) is subject to your acceptance of these Terms. Please make sure to read these Terms before using the Service.
  2. These Terms specify rules for using the Service, prohibited activities, the Company’s disclaimer, etc. so that each user who accepts the provisions of these Terms before using the Service (a “User”) can use the Service with peace of mind. These Terms apply to all relationships between the Company and a User. A User may use the Service only after accepting these Terms and in accordance with the provisions of these Terms.  By using the Service, the User is deemed to have accepted these Terms.
  3. The precautions, confirmations, individual agreements, etc. published by the Company on the Service (collectively, “Individual Agreements, etc.”), if any, constitute part of these Terms. In the event of any inconsistency between any provision of an Individual Agreement, etc. and any provision of these Terms, the former shall prevail.
  4. The provisions of these Terms are subject to change as necessary. In the event of changes to these Terms, the Company will notify Users in advance of the changed Terms and the effective date thereof by posting on the Company’s website or by other appropriate means.

Article 2 (Registration)

  1. A person who wishes to use the Service (a “Potential Registrant”) may apply to the Company for registration to use the Service by agreeing to comply with these Terms and providing the Company with information designated by the Company (“Registration Information”) by the means prescribed by the Company.
  2. The Company will decide whether or not to register the Potential Registrant who has applied for registration pursuant to paragraph 1 above (the “Registration Applicant”), and the Company will notify the Registration Applicant of the Company’s acceptance of his/her registration if the Company accepts the same. By the Company’s notifying the Registration Applicant pursuant to this paragraph, the Registration Applicant’s registration as a User (“User Registration”) shall be deemed completed.
  3. If the Company decides that a Registration Applicant falls under any of the following, the Company may reject the Registration Applicant’s application and may deny the Registration Applicant’s use of the Service for the future. If the Company rejects the Registration Applicant’s application, the Company shall have no obligation to notify the Registration Applicant of the reason for the Company’s rejection of his/her application.

(1) The Registration Applicant does not really exist.
(2) All or part of the information or materials provided by the Registration Applicant to the Company contain errors or omissions.
(3) The Registration Applicant is an Antisocial Force (meaning an Organized Crime Group Member, etc. (i.e., any organized crime group, any organized crime group member, any person who ceased to be an organized crime group member within the last five (5) years, any quasi-member of an organized crime group, any organized crime group-associated company, any corporate extortionist or the like (sokaiya to), any rouge person or group proclaiming itself to be a social activist (shakai undo to hyobo goro), or any organized special intellectual crime group or the like (tokushu chino boryoku shudan to)) or any person similar to any of the above, or any person falling under any of the following; the same applies hereinafter):

  1. The person has a relationship with an Organized Crime Group Member, etc. in which the Organized Crime Group Member, etc. controls the management of such person.
  2. The person has a relationship with an Organized Crime Group Member, etc. in which the Organized Crime Group Member, etc. is substantially involved in the management of such person.

iii. The person has a relationship with an Organized Crime Group Member, etc. in which such person is considered to unjustly use the Organized Crime Group Member, etc. for such purposes as pursuing such person’s own or a third party’s illicit gains or inflicting damage on a third party.

  1. The person has a relationship an Organized Crime Group Member, etc. in which such person is considered to provide funds or benefits to, or to be otherwise involved in, the Organized Crime Group Member, etc.
  2. Any of the officers of the person or any person substantially involved in the management of the person has a socially reprehensible relationship with an Organized Crime Group Member, etc.

(4) The Registration Applicant has been subject to involuntary termination under these Terms in the past.
(5) The Registration Applicant has already completed User Registration under these Terms.
(6) The Company otherwise considers it inappropriate to accept the Registration Applicant’s User Registration.

  1. Upon completion of the registration as set forth in paragraph 2 above, a service contract for the Service is deemed executed under these Terms between the User and the Company.
  2. If a minor intends to use the Service, he/she shall obtain the consent of his/her parent or other legal representative in advance to all use of the Service by the minor.
  3. In the event of changes in a User’s registered information, such User shall promptly provide the Company with his/her information after such changes by the means prescribed by the Company. The User shall promptly comply with any request by the Company for submission of documents related to such changes. If a User fails to change his/her registered information despite changes therein, the Company may handle his/her registered information as if no changes had occurred.
  4. The Company shall assume no liability for any damage incurred by a User as a result of the User’s change of his/her registration information or by a Registration Applicant as a result of the Company’s disapproval of his/her registration.

Article 3 (Management of Registered Information)

  1. Each User shall, on his/her own responsibility, appropriately manage and store his/her registered information related to the Service and shall not allow any third party to use such information and shall not lease or assign, change the ownership of, or sell, purchase or otherwise dispose of, such information.
  2. No User may make more than one User Registration.
  3. Each User shall be solely liable for, and the Company assumes no liability for, any damage incurred due to poor management or erroneous storage of, or any unauthorized use by a third party of, such User’s registered information. If the Company suffers any damage as a result of any unauthorized use of a User’s registered information, such User shall compensate the Company for such damage.

Article 4 (Withdrawal)

  1. If a User wishes to withdraw from the Service, such User shall notify the Company of his/her withdrawal from the Service by the means prescribed by the Company.
  2. Upon the effective date of such withdrawal, the User shall be no longer be able to use the Service.

Article 5 (Deregistration)

  1. If the Company determines that a User falls under any of the following, the Company may, without prior notice or demand, delete information posted by such User on the Service or temporarily limit the use of the Service by such User, or deregister such User or terminate the Service for such User, and may refuse to provide the Service in any way to such User thereafter. The Company shall have no obligation to explain to such User the reason for the relevant measures taken by the Company.

(1)     The User breaches any provision of these Terms.
(2)     The User is found to fall under any of the items of paragraph 3 of Article 2.
(3)     The registered information contains material errors.
(4)     The User is found to be an Antisocial Force.
(5)     Any event occurs by reason of which commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate rehabilitation proceedings or special liquidation is filed by or against the User; or the User becomes subject to attachment or any other compulsory execution or to provisional attachment or any other provisional remedy; or the User suspends payments; or the User is ordered to suspend its business or has its permit, license, etc. suspended or revoked or receives any other administrative punishment.
(6)     The User fails to respond to any inquiry from the Company for thirty (30) days or longer.
(7)     The Company otherwise determines that the use of the Service by the User is inappropriate for the operation of the Service or interferes with the provision of the Service.

  1. The Company shall assume no liability for any damage incurred by any User as a result of the Company taking any measure with respect to such User pursuant to the preceding paragraph.

Article 6 (Prohibited Acts)

No User shall engage in any of the following acts in using the Service:

(1)     Any act of intentionally registering providing false or inaccurate information.
(2)     Any act that libels or slanders, or violates the privacy of, any individual or group.
(3)     Any act that infringes any other person’s rights, including copyrights, trademark rights, portrait rights and other intellectual property rights.
(4)     Any act of reproducing, selling, publishing or otherwise using any information, or disclosing or providing any information to third parties, in each case beyond the limits of personal use.
(5)     Any act of causing disadvantages to the Company or any third party.
(6)     Any act that places an excessive burden on the network, system, etc. of the Service.
(7)     Any act of accessing or attempting to access the Company’s network, system, etc. in an unauthorized manner.
(8)     Any act of impersonating a third party or using a third party’s registered information.
(9)     Any act that prevents the smooth operation of the Service or damages the reputation or honor of the Company.
(10)    Any act that violates or is likely to violate any law or regulation or the public order and morals.

Article 7 (Handling of Personal Information)

Please refer to the Company’s Privacy Policy.

Article 8 (The Company’s Liability)

  1. While the Company endeavors to provide reliable information to Users, the Company makes no warranty as to any of the following matters. Each User shall use the Service by determining, on his/her own responsibility, the usefulness or other attributes of any information or service provided on the Service.

(1)     The usefulness, accuracy, safety, lawfulness, recency or any other aspects of any information provided on the Service (including, without limitation, any information displayed on the Service or any information provided via email, etc. in relation to the Service; the same applies hereinafter).
(2)     Any matter related to any contract that may be executed by any User with a third party by utilizing any information provided on the Service.
(3)     That the provision of information and services through the Service is free of defects, errors or failures.
(4)     That any service, information, etc. available through the Service meets Users’ expectations.
(5)     That emails, web content, etc. sent in relation to the Service contain no computer virous or other harmful materials.
2. The Company may, at any time and at its sole discretion, modify, delete or add any content on the Service and does not warrant in any way that the sameness of the Service will be maintained.  The Company may, at any time and at its own discretion, terminate any service on the Service.

  1. The Company shall assume no liability for any mental or property damage incurred by any User as a result of his/her use of the Service. If the Company is liable to compensate any User for any damage by the application of the Consumer Contract Act, the Company’s liability shall be limited to direct and ordinary damage actually incurred by the User as a result of the Company’s default or tort arising from negligence (excluding gross negligence) on the part of the Company.
  2. The Company does not warrant, among other things, that the Service is free of errors or failures or that the infrastructure, system, etc. for the provision of the Service are free of server failures, virus damage, damage caused by power failure, or other defects. If the provision of the Service is otherwise hindered or made difficult by any fire, power failure, act of providence or other force majeure that is not attributable to the Company, the Company shall assume no liability whatsoever for any damage incurred by Users as a result of such hindrance or difficulty.

Article 9 (Suspension, Termination, etc. of Service)

In any of the following events, the Company may modify any content of the Service or suspend the provision of the Service without prior notice to Users:

(1)     It is necessary to conduct regular maintenance of, or renew, or take emergency action for, the system, infrastructure, etc. for the provision of the Service.
(2)     Any unexpected failure, etc. of the relevant system or infrastructure occurs.
(3)     It is difficult to provide the Service due to any act of God, war, civil strife, riot or other force majeure.
(4)     The Company otherwise considers it necessary to so modify such content of the Service or to suspend or discontinue the Service.

Article 10 (Prohibition of Reuse)

If a User uses any service of the Company or any data constituting such service beyond the purpose for which such service is provided, the Company shall be entitled to forbid such use and to claim the amount of proceeds obtained by the User as a result of such use.

Article 11 (Compensation for Damage)

If a User causes damage to the Company or any third party, whether directly or indirectly, as a result of such User’s breach of these Terms, such User shall compensate for any such damage.

Article 12 (Ownership)

  1. The intellectual property rights in or to the Service are vested entirely in the Company or third parties holding such rights, and a User’s license to use the Service under these Terms does not imply that such User is granted a license to use any intellectual property rights of the Company or any third party in or to the Service.
  2. Each User shall be solely liable for any information posted by the User (“User-Posted Information”), and the Company makes no warranty as to, and assumes no liability for, the content, accuracy, legitimacy, etc. of such User-Posted Information.
  3. Each User shall permit the Company to use his/her User-Posted Information free of charge and without restriction, and agrees that he/she will not exercise any moral rights of an author against the Company.

Article 13 (Assignment of Status)

  1. No User may, without the prior written consent of the Company, assign or transfer, or create any security interest over, or otherwise dispose of, the User’s status hereunder or any of his/her rights or obligations hereunder to or in favor of any third party.
  2. If the Company transfers its business related to the Service to another company, the Company may, and each User acknowledges in advance in this paragraph that the Company may, assign to the transferee in such business transfer: (i) the User’s status hereunder; (ii) the User’s rights and obligations hereunder; (iii) the User’s Registration Information; and (iv) other customer information, in each case in association with such business transfer. The term “business transfer” as referred to in this paragraph shall include not only an ordinary business transfer but also a corporate split-up or any other case in which a business is transferred.

Article 14 (Court of Competent Jurisdiction)

The Service and these Terms shall be governed by the laws of Japan.  The parties agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute between them related to the Service or these Terms.

 

Please direct any inquiries about these Terms to the following contact.

<Contact for the Service>
Business name: for Startups, Inc.
Address: 36F Izumi Garden Tower, 1-6-1 Roppongi, Minato-ku, Tokyo

Supplementary Provisions
Established on: May 31, 2018
Revised on: June 14, 2019