EULA - BISCUE(R) e-Learning

BISCUE(R) Terms of Use

The original of “BISCUE(R) Terms of Use” is written in Japanese and the following is its translation. If any part of the following conflicts with the Japanese version, the Japanese version rules.

Chapter 1 Application
This BISCUE(R) Terms of Use (hereinafter referred to as the “Terms”) is applied to all users (hereinafter referred to as the “User” or collectively as the “Users”) who use BISCUE(R) (hereinafter referred to as the “Service”) that Shubiki Corporation (hereinafter referred to as the “Company”) provides as an e-learning service.
By placing an order for the Service, the User is deemed to have agreed to all of the terms and conditions of the Terms.

Chapter 2 Intellectual Property
All copyrights and related intellectual properties of the content and systems provided by the Service are reserved by the Company.
By using the Service in the manner that the Company determines, the User is allowed to create derivative works on the system of the Service based on the content that the Company provides. The User is allowed to use such derivative works during the term of the contract of the Service.
Except for the cases stipulated and prescribed in this Chapter, the use of the content supplied by the Service is strictly limited to the personal use of the User, and the User is not allowed to use the Service and its content for other purposes that include commercial use, display to any third party, reuse, replication, distribution, sale, transfer, sublease and rental among others, without a prior written permission by the Company.
Trademarks, service marks and logos used relating to the Service are registered trademarks or trademarks of the Company.

Chapter 3 Systems Requirements
The User needs to prepare the environment including information and communication systems, software and communication networks among others required for the use of the Service, at the expense and responsibility of the User.
The Company is not responsible for any damage or loss incurred in the preparation of the systems by the User.

Chapter 4 Privacy
The Service is provided by the Company according to the Privacy Policy established separately by the Company.
In order to properly provide the Service, the Company collects access information on the websites of the Service by using cookies and other technologies.
The Company uses such access information for the purpose of responding to the inquiries of the client, trouble shooting, improvement of the use of the Service, and analysis of the use and effects of the Service. Without a prior consent from the client, the Company will not use such information for other purposes that are not related to the Service.

Chapter 5 Prohibited Acts
The User is prohibited from doing the following acts. The User will be liable for any damage incurred by the Company arising from the violation of the Terms and indemnify the Company against all losses incurred.

To impede normal operations of the Service.
To transmit, write or store harmful or malicious computer programs to or in the Service.
To pretend to be a different person and transmit, write or store information to or in the Service.
To infringe or likely to infringe the copyrights or other intellectual properties of the Company or any third party that includes other Users.
To infringe or likely to infringe the properties, privacy or honor of the Company or any third party that includes other Users.
To spread or likely to spread rumors, violate or likely to violate public order and morals, and other laws and regulations.
To modify, duplicate, store, or delete the systems or content relating to the System, or send or disclose the information of the systems or content relating to the System. (Except for the cases stipulated in the Chapter 2)
To set the rights to reuse the System, or to distribute, sell, transfer or lend the System to any third party.
To make derivative works based on the System or the modification of the whole or part of the System. (Except for the cases stipulated in the Chapter 2)
To commit acts that the Company deems inappropriate.
When the act of the User is deemed to have or likely to have fallen under any of the preceding items, the Company may discontinue or suspend the right of the User to use the Service without prior notification to the User.

The Company will not be liable for any loss that the User may incur relating to the suspension of the Service.

Chapter 6 Discontinuation and suspension
In any of the cases set forth within the following items, the Company may suspend temporarily or discontinue the whole or part of the Service without prior notification to the User.

In case of maintenance inspection of or updates to the system of the Service.
In case unpredictable system failure has occurred or is likely to occur.
In case it is difficult to continue the Service due to forces beyond control such as fires, power cuts and natural disasters.
In case the Company deems it necessary to temporarily suspend or discontinue the Service due to other operational and technical reasons.
The Company will not be liable for any loss that the User may incur relating to the delay, suspension or discontinuation of the supply of the Service due to the reasons listed in the preceding items.

Chapter 7 Disclaimers
The Company may modify the systems and content relating to the Service without prior notification to the User.
The Company does not make any guarantee as to the information included in or relating to the Service that includes reliability, exactness and usefulness among others. The Company provides the Service “as is”.
The Company will not be responsible for any damage incurred relating to the following.

Non-arrival or miscarriage of the information that the User transmits to the server of the Company.
Delay or suspension of the Service, and loss or miscarriage of the information arising from natural disasters, power cuts, congestion in lines, and equipment trouble among others.
Falsification or leakage by any third party, of the systems, content and user information among others.
Trouble or disputes with any third party arising from the use of the Service.
All other matters directly or indirectly arising from the use or unavailability of the Service.

Chapter 8 Modification and revision of the Terms
The Company may modify or revise the conditions of the Terms to reflect the changes to the law and the Service, without prior notification to and consent of the User.
Changes will become effective immediately after the Company posts them on this site and it shall be deemed that the User agrees with the changes, if no written termination of the contract is issued by the User to the Company.

Chapter 9 Consultation
Any dispute arising in connection with the Service shall be resolved upon mutual consultation between the User and the Company.

Chapter 10 Jurisdiction
The laws of Japan will apply to any dispute arising relating to the Terms.
All claims arising in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan.