Article 1(The Services Contents)
The Services Contents provided by our company are the following 1) or 7), and stipulate separately concerning the details as well as restrictions of the functions.
- 1) Functions to login The Services and layout pages of electronic books from Web screens provided by Services.
- 2) Functions to package layout pages into EPUB files.
- 3) Functions to download EPUB files packaged by The Services.
- 4) Functions to make it possible to publish and download electronic books within The Services.
- 5) Functions to browse EPUB published within The Services.
- 6) Functions to download EPUB published within The Services.
- 7) Other services our company stipulates.
- Our company shall provide login ID as well as password required for providing The Services to members.
- The person who would like to use The Services (hereinafter referred to as “Applicant for Membership”) shall apply to our company by procedures prescribed by our company under the agreement to the Terms.
- If the Applicant for Membership is specified as a minor in the law of countries as well as areas where The Services is used, Applicant for Membership shall confirm the Terms with a person who has parental authority for, or is a legal guardian of the minor, and apply for the membership under the agreement of the Terms by Applicant for Membership as well as the person who has parental authority for, or is the legal guardian of the minor.
- If the application in the preceding clause is made, our company may examine the content and accept the application by Applicant for Membership.
- The Services contract between our company and Applicant for Membership shall come into effect at the time that our company made the acceptance of the preceding clause, and the member can use all or a part of The Services. However, in case that the contracts are entered between paid services members, we shall stipulate the conditions separately.
If our company judges the application falls into either one of the following clauses after examining the content of the application, our company shall not accept the application in Clause 1 and may cancel the application even after obtaining membership.
- 1) In case Applicant for Membership does not exist.
- 2) In case Applicant for Membership does not have e-mail addresses possible to send and receive.
- 4) In case Applicant for Membership makes a false entry on purpose
- 5) In case it would cause some trouble in operation of The Services.
- Members shall inform our company of information changes in a prescribed way of our company when information at the time of admission entry is changed.
Article 3(Members’ Right)
- Members may distribute and sell created products by using The Services (Tigris Plus) freely under their own responsibility.
- Members may duplicate contents downloaded from The Services (Tigris Reader) freely within the use of individual.
Article 4(Members’ Responsibility)
- Members shall take all responsibility for using The Services, and shall not seek responsibility from our company and a third person.
- In the case Members conflict with or cause damage to a third person by using The Services, members shall resolve the conflict and pay compensation at his/her own expenses and responsibility.
- If our company is claimed for compensation by a third person in case of the preceding clause, members shall recompense for the damage as well as expenses (including attorney’s fees.)
- In case members cause damage to our company by using The Services, members shall reimburse the damage.
Article 5(Managing Responsibility for Login ID, Password)
- When using The Services, members shall use login ID as well as password (hereinafter referred to as “recognition information.”)
- Members shall not let a third person use recognition information and shall take all responsibility for managing as well as using recognition information. If members incur damage with the use of recognition information by a third person, our company shall not take any responsibility for the damage whatever the reason may be.
- All of the use of The Services by using recognition information is regarded as the use by members who obtained membership after applying for recognition information. In case the use by another person except members cause damage to our company as well as a third person, members obtaining membership after applying for recognition information shall reimburse the damage.
Article 6(Our Company’s Exemption Clauses)
- Concerning disadvantages and losses to members by the use of and/or being unable to use The Services, our company shall not take any responsibility, including financial compensation.
- Our company shall not guarantee each of the following items.
- The Services is in accordance with members’ purposes and requests.
- Information on The Services is beneficial, accurate, safe and legal.
- The Services is not interrupted.
- The Services is safe.
- Troubles do not occur on The Services.
- The Services is free from defects.
- Created products by The Services can be browsed properly on all reading systems and can be browsed in case specifications for electronic books’ formats as well as reading systems are modified.
- Our company, whatever the reason may be, shall not take any responsibility for damages to members caused by interruption, modification, and/or abolishment of all or a part of The Services.
- Our company, whatever the reason may be, shall not take any responsibility for disadvantages and losses to members by deletion, alternation, and/or disappearance of uploaded materials and manuscripts.
- Our company, whatever the reason may be, shall not take any responsibility for disadvantages and losses for the products created by using The Services to include infringement of copyrights, violations of the laws and ordinances.
- Our company shall not take any responsibility for any problems coming up for members concerning purchase of texts, images, and films from others.
Article 7(Intellectual Property Right)
- Copyrights of the created products that members make by using The Services belong to members.
- Copyrights of the created products that members transmit by using The Services belong to members or persons who entrust the publication to members.
- Members shall acknowledge that the intellectual property right and all of the other rights as well as benefits concerning The Services belong to our company, and that our company’s right is protected by the intellectual property law and other laws in domestic as well as other countries.
Article 8(Prohibition Clauses)
When using The Services, members shall not engage in acts and/or acts likely to fall into the following calluses, and create or publish products including the following contents.
- 1) Acts to register false information about members, authors and writers.
- 2) Acts to infringe and/or create products likely to infringe the intellectual property rights (patent right, utility model right, design right, copyright, trademark right, trade secret and other technical and business information beneficial for business activities included, but not confined only to them) privacy rights, portrait rights, rights of publicity, property rights and other rights of our company and a third person.
- 3) Acts to discriminate without any due cause, abuse our company and a third person, and create products to assassinate our company’s fame and credit.
- 4) Acts to transfer contents downloaded from The Services to others, and/or enable a third person to browse them through network.
- 5) Acts to identify oneself as another person, pretend to have representation right and power of attorney even if you do not have those rights, and pretend to affiliate and cooperate with other figures and organizations.
- 6) Acts to create products related to and/or likely to be related to crimes and illegal acts.
- 7) Acts to create products likely to agitate and/or foment crimes and illegal acts.
- 8) Acts to create products including harmful information, such as child pornography, child abuse, and other same sorts of information.
- 9) Acts to create products including illegal gambling information.
- 10) Acts to create products including pictures and animated films shooting cruel conducts.
- 11) Acts to create products including information concerning illegal or unreasonable negotiations, such as pyramid scheme.
- 12) Acts to create products including information leading to websites that our company judges as inappropriate, such as pornographic websites, one-click fraud websites, and websites to distribute harmful viruses to computer programs.
- 13) Acts to put excessive burdens on servers of our company and others, and cause and/or likely to cause troubles on operation of The Services and network systems.
- 14) Acts to rewrite or delete information accumulated on servers of our company.
- 15) Acts to use recognition information of others improperly.
- 16) Acts to send and/or write down harmful computer programs.
- 17) Acts connecting to and/or likely to connect to antisocial influence activities.
- 19) Illegal acts against or likely to against the laws.
- 20) Acts offensive to public order and moral.
- 21) Acts to impose disadvantages on other users, a third party, or our company.
- 22) Other acts our company judges as inappropriate.
Article 9(Deletion/Modification of Information)
- In case of judging that uploading acts by members fall under either one of the clauses in the preceding article(Prohibition Clauses), our company, without obtaining consents and explaining reasons to the members, shall delete and/or modify relevant information or all of information the members have uploaded.
- Members shall agree to situations that posted information would be deleted anytime due to system capacity and system operation.
Article 10(Interruption/Modification/Abolishment of The Services)
- Our company may interrupt The Services for a temporary or a long term without prior notices due to the following reasons.
- 1) In case of maintaining, inspecting, and repairing facilities.
- 2) In case our company fails to provide The Services due to system troubles, such as server crash.
- 3) In case our company fails to provide The Services due to act of God.
- 4) In case our company fails to provide The Services due to wars, riots, civil commotion, and industrial disputes.
- 5) In case our company judges The Services need to be suspended due to operational or technical reasons.
- Our company may modify and/or abolish all or a part of The Services anytime for any reasons of our company’s conveniences. In such an event, our company shall inform members of the time as well as contents for modification or abolishment on as prior notice as possible.
- Members who would like to cancel The Services shall apply for withdrawal to our company in a prescribed way of our company.
- 2) Urge to delete/correct information voluntarily.
- 3) Delete or modify information prescribed in Clause 1, Article 9(Deletion/Modification/Disclosure of Information.)
- 4) Be subject to punishment to suspend the use of The Services for a certain term.
- 5) Be subject to withdrawal punishment.
- Members shall not lodge a protest against prescribed measures in the preceding clause taken by our company.
Article 13(Contract Termination)
- Both parties may terminate the contract of The Services if either party should violate the Terms, and do not redress the violation even if it has passed a reasonable period after a formal notification of redress to either party.
Both parties may terminate the contract of The Services without a formal demand if it should fall into either one of the following clauses.
- 1) In case our company acknowledges the circumstances interrupt the provision of The Services by our company.
- 2) In case members do the applicable acts to the prohibition clauses in Article 8(Prohibition Clauses.)
- 3) In case the following circumstances occur to either party.
- (1) In case of being subject to attachment, provisional attachment, and other punishment by public authority.
- (2) In case of receiving a petition for bankruptcy and foreclosure sale, and/or starting to file a petition for civil rehabilitation, corporate rehabilitation, special liquidation, and those applicable to these procedures.
- (3) In case our company acknowledges property circumstances deteriorate, such as receiving disposition by suspension of business at clearinghouse.
- (4) In case of suffering serious damage from either party by an intentional act and/or the gross negligence.
- 4) In case either party acts against the law set forth in Japan as well as other countries, or it is revealed that either party has done the same acts in the past.
- 5) Other acts equal to the preceding ④ and what our company does not accept.
- In case the contract of The Services is terminated in the two preceding clauses, members may not seek refund of already-paid usage fee, and the benefit of time may be waived if there are unsettled debts.
Article 14(Force Majeure)
- In case either one of the parties does not perform all or a part of duty based on the Terms, and the default is occurred due to any event of Force Majeure, such as fire, flood, strike, industrial disputes, electricity shortage, wars, embargo, changes in the law, and other Force Majeure, either party shall not take responsibility for it toward the other party.
Article 15(Treatment of Private Information)
- Our company shall use members’ private information for the following purposes.
- Performance of the contract with member.
- Guide services on business to members concerning products/services our company deals with.
- Provision of useful information to members.
- To make it possible to log in our company’s services as well as other services provided by affiliated companies at the beginning with common recognition information.
- Creation/disclosure of statistical information on a condition of unidentifiable manner.
- Concerning items which are not prescribed in the preceding clauses, our company shall treat members’ private information based on “Treatment of Private Information in CEC Cross Media Inc.,” and members shall agree to it.
Article 16(Notice from Our Company)
- When sending notices to a lot of members at once, our company may post them on the Tigris Plus Website as a substitute for various notices to members.
- Our company may send various notices by sending e-mails to members’ e-mail addresses used at admission (If changed after that, those after changed) as a substitute for various notices.
- Notices in Clause 1 shall come into effect at the time it has passed 3 days since the day our company posts notices on the Tigris Plus Websites(does not count the day to post, but if it is posted from 12:00 a.m., the day to post is counted.)
- Notices in Clause 2 shall come into effect at the time our company sends e-mails to members.
Article 18(Business Transfer)
- Our company may transfer all or a part of the business of The Services to a third person on a prior notice of at least 10 days to members, and members agree to it in advance.
Article 19(Prohibition of Status Transfer on the use of The Services)
- Members may not have a third person use and/or transfer the status on the use of The Services without previous consent by our company.
Article 20(Governing Law as well as Court of Competent Jurisdiction)
- In case disputes arise between members and our company, and cannot be resolved even if both parties confer with each other sincerely, the dispute shall be resolved by the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.
(The 1.0 Edition: enacted on September 20th, 2012)
(The 1.1 Edition: revised on October 16th, 2012)
Paid Services Members Conditions of Use
Article 1(Provision of Login ID as well as Password)
Article 2(Using Term of the Paid Services)
Article 3(Using Fee)
- Conditions of using fee as well as payment of the paid services are stipulated separately.
- Concerning the paid services, all of payments made by paid services members to our company shall not be refunded. The same condition shall also be applied to the case the paid services are cancelled or terminated during the using term; provided that, it excepts the cases in the next Article(Interruption/Abolishment of the Paid Services)
Article 4(Interruption/Abolishment of the Paid Services)
- In case a situation occurs that the paid services are unable to be used for reasons attributable to our company even though our company should provide it, and it has continued for more than 48 consecutive hours after the time our company knows it, and if our company already receives the using fee stipulated in the preceding Article(Using Fee) from paid services members, our company, on demand from paid services members, refunds a sum of money obtained by multiplying an amount dividing the time from when our company knows the situation it cannot be used to when our company confirms it can be used again by 24(rounded down after the decimal point), by an amount dividing the using fee stipulated in Clause 1 in the preceding article(Using Fee) by the number of days to use the paid services. Provided that, paid services members shall lose their rights if they have not demanded within 3 months after the day they are able to demand.
- In case of abolishing all or a part of the paid services for our company’s conveniences, our company may abolish all or a part of the paid services on one-month prior notice to paid services members, notwithstanding the stipulation in Clause 2, Article10(Interruption/Modification/Abolishment of The Services.) In such an event, our company shall refund the using fee to paid services members by the month for a term corresponding to the period the paid services cannot be provided.
Article 5(Contract Term)
- The contract of the paid services comes into effect when our company accepts and receives application form by paid services members
- The contract term of the paid services is from the time the contract of the paid services comes into effect and during the time the paid services members receive the provision of the paid services.
(The 1.0 Edition: enacted on October 16th, 2012)