Last Updated: August 29th, 2016
These Site Terms contain the terms with regards to the use of any content which you must comply with when using the services provided by Reliance Data Co., Ltd. ("PREZENTATION" or "We") on the Site. By using the Site, you represent and warrant that you are lawfully able to accept and abide by these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept and abide by these Site Terms on such entity's behalf, and that such entity agrees to fully indemnify PREZENTATION for violations of any of these Site Terms.
PREZENTATION reserves the right to change, at any time and in its sole discretion, any of these Site Terms or any of the policies or guidelines of the Site. Any change to these Site Terms will be accompanied by a revision to the "last updated" date at the top of these Site Terms. All changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. You are encouraged to review these Site Terms whenever you visit one of our websites.
No waiver of any provision of these Site Terms will be effective unless it is in writing and signed by PREZENTATION. Any clause in these Site Terms that is found to be unenforceable will, to the extent possible, not affect any other clause, each of which will remain in full force and effect. Any rights not expressly granted herein are reserved by PREZENTATION.
About the Site
PREZENTATION owns and operates the Site. Unless otherwise indicated, all contents provided through the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Site Content") are owned by PREZENTATION (or, as the case may be, its licensors or third-party alliance partners). All elements of the Site, including but not limited to the Site Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
The Site and the Site Content are intended for customers of PREZENTATION only. Accordingly, you may not use the Site or the Site Content for any purpose not related to your business with PREZENTATION. In particular, you are prohibited from:
- downloading, copying, or re-transmitting any or all of the Site or the Site Content without, or in violation of, PREZENTATION's specific license;
- using any data mining, bots, crawlers or similar data gathering or extraction methods;
- manipulating or otherwise displaying the Site or the Site Content through the use of framing or similar navigational technology;
- registering any party to any PREZENTATION product or service, subscribing, or unsubscribing any third party to or from the PREZENTATION's distribution list, or attempting to do the same, unless you are expressly authorized by such party to do so;
- reverse engineering, altering or modifying any part of the Site or the Site Content;
- circumventing, disabling or otherwise interfering with security-related features of the Site or any systems, resources, services or networks connected to or accessible through the Site;
- selling, licensing, leasing, or in any way commercializing the Site or the Site Content without PREZENTATION's specific license; and
- using the Site or the Site Content without PREZENTATION's specific license.
Such unauthorized use may also violate relevant laws including, but not limited to, copyright laws, trademark laws, laws relating to privacy or publicity, and applicable regulations and statutes in respect of communications.
You represent and warrant that you will comply with all applicable laws and regulations, including, but not limited to, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Japan, United States or the country in which you reside.
You are required to comply with the License Agreement attached here to("PREZENTATION's Content License Agreement") for the use of the Site Content, the right of which is reserved by PREZENTATION ("PREZENTATION's Content").
amana images inc:
Notwithstanding any provision under the Alliance Partner's Term of Use, the following provisions (1) to (3) below shall apply in relation to the use of the Alliance Partner's Content.
(1) Unlicensed Use
If you use, resell or use, through any means, any pictures downloaded from the Site (which shall be the Alliance Partner's Content) without a license pursuant to these Site Terms for any purpose other than for presentation materials (whether intentionally or unintentionally, and including, but not limited to, the use for websites, publications, leaflets and creative advertisements), you are required to pay the fees in an amount 10 times the regular fees set forth by the Affiliate Partner.
(2) Limitation of Use after Termination of Agreement
(3) Consent for Disclosure
You acknowledge and consent that, in connection with the use of PREZENTATION's service provided by us, we may post your company name and company logo to include you among our portfolio of clients on our promotional materials, website, press release or any other media.
PREZENTATION trademarks, the PREZENTATION logo, and any other product or service name or slogan contained in the Site are trademarks of PREZENTATION and its suppliers or licensors, and may not be copied, imitated or used, wholly or partially, without the prior written consent of PREZENTATION or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "PREZENTATION" or any other name, trademark or product or service name of PREZENTATION without our prior written consent. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons and scripts) are the service mark, trademark and/or trade dress of PREZENTATION and as such may not be copied, imitated or used, wholly or partially, without our prior written consent. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
You may not use a PREZENTATION logo or other proprietary graphic of PREZENTATION to establish any link to the Site without the express written consent of PREZENTATION. Further, you may not, without PREZENTATION's express written consent, frame any PREZENTATION trademark, logo or other proprietary information, including the Site Content.
PREZENTATION makes no claim, representation or warranty regarding, and accepts no responsibility for, whether directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of PREZENTATION and PREZENTATION is not liable for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PREZENTATION provides these links to you only for purposes of convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PREZENTATION of any site or any information contained therein. When you leave the Site, you should be aware that these Site Terms shall no longer be applicable. Accordingly, you should carefully review the applicable terms and policies (including the privacy and data gathering practices) of any site which you navigate to from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You acknowledge and agree that PREZENTATION shall not be liable for any loss, damage or other matters of any sort incurred as a result of any such dealings.
Forums & Other Interactive Services or Platforms
The Site may include discussion forums or other interactive platforms or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Platforms"). You are solely responsible for your use of such Interactive Platforms and shall use them at your own risk. By using any Interactive Platform, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, slander, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions amounting to a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international laws;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce or otherwise deal in such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of PREZENTATION, is objectionable or which restricts, inhibits or otherwise prevents any other person from using or enjoying the Interactive Platforms or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose PREZENTATION or its users to any kind of harm or liability.
You further agree not to delete or revise any User Content posted by any third party. PREZENTATION takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is PREZENTATION liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or signally indecent you may encounter. Your use of Interactive Platforms is at your own risk.
As a provider of interactive services, PREZENTATION is not liable for any statements, representations or User Content that its users provide in any public forum, personal home page or other Interactive Platform. Although PREZENTATION is no obligated to screen, edit or monitor any of the User Content posted in any Interactive Platform, PREZENTATION reserves the right, and has sole and absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without providing notice thereof. You are solely responsible for creating backup copies of and replacing any User Content that you post or store on the Site at your own cost and expense. Any use of the Interactive Platforms or other sections of the Site in violation of the foregoing will be in violation of these Site Terms and may result in, amongst others, termination or suspension of your rights to use the Interactive Platforms and/or the Site. You acknowledge and agree that PREZENTATION may access, use or disclose any information about you or your use of the Site (including but not limited to any User Content) to comply with applicable laws or legal processes; protect and defend the rights or property of PREZENTATION; or to protect the safety of PREZENTATION and its employees, customers or the public. Unless we expressly indicate otherwise, by posting User Content on the Site, you grant PREZENTATION and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any medium. You grant PREZENTATION and its affiliates and sublicensees the right, if they choose to do so, to use the name that you submit in connection with such content.
You represent and warrant that:
(1) you own and control all of the rights to the User Content that you post or that you otherwise have the right to post such User Content to the Site;
(2) the User Content you have posted to the Site is accurate and not misleading in any way; and
(3) usage and posting of the User Content you supply do not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to:
- provide accurate, current and complete information about you ("Registration Data") as may be prompted by any registration forms on the Site;
- maintain and promptly update your Registration Data, and any other information you provide to PREZENTATION, to keep it accurate, current and complete;
- maintain the security of your password, username and other identification;
- notify PREZENTATION immediately of any unauthorized use of your account or other breach of security;
- accept all responsibility for any and all activities that occur under or in respect of your account; and
- accept all risks of unauthorized access to the Registration Data and any other information you provide to PREZENTATION.
THE SITE, INCLUDING, BUT NOT LIMITED TO, THE SITE CONTENT, ARE PROVIDED "AS IS", AND PREZENTATION, ALLIANCE PARTNERS AND THEIR DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. PREZENTATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THE SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT PREZENTATION, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THE SITE OR THE SITE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE SITE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATIVE OR DESTRUCTIVE PROPERTIES OR EFFECTS. PREZENTATION USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE SITE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SITE CONTENT'S ACCURACY, CORRECTNESS OR RELIABILITY.
PREZENTATION offers a search feature within the Site, but explicitly disclaims any responsibility for the content or availability of information contained in its search index or directory. PREZENTATION also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Limitation of Liability
IN NO EVENT SHALL PREZENTATION, ALLIANCE PARTNERS AND THEIR DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SITE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY SITE USER ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY PERFORMANCE FAILURE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PREZENTATION'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PREZENTATION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR IN RELATION TO THE USE OF THE SITE EXCEED ANY AMOUNT YOU MAY HAVE PAID TO PREZENTATION FOR ACCESS TO OR USE OF THE SITE.
Special Provisions of "Disclaimer" and "Limitation of Liability"
Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages under the laws. Therefore, some or all of the limitations indicated in "Disclaimer" and "Limitation of Liability" above may not apply to you to the extent that they are prohibited or superseded by the laws of relevant jurisdictions.
You shall defend and indemnify PREZENTATION, Alliance Partner, their directors, employees, content providers, agents and affiliates against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or in relation to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of these Site Terms or of any representation or warranty contained herein, your unauthorized use of the Site Content, or your violation of any rights of another.
Assignment of Contractual Status
You may not assign or transfer to any third party, create any security interest over or otherwise dispose of your status under these Site Terms or rights or obligations under these Site Terms without the prior consent of PREZENTATION.
If we transfer our business relating to the Site to any other person or company, we may, in connection with such business transfer, transfer our status under these Site Terms, rights and obligations under these Site Terms and your information and other customer information to the transferee of such business transfer and you agree in advance to such transfer under this section. The business transfer set forth in this section includes not only ordinary business transfer, but also includes company split and any other form of business transfers.
Governing Law and Venue
These Site Terms shall be governed by and construed in accordance with the laws of Japan. Any dispute relating in any way to your use of the Site or the Site Content shall be submitted to the exclusive jurisdiction of the Tokyo District Court. You consent to the exclusive jurisdiction and venue in such court.
Notwithstanding any of these Site Terms, PREZENTATION reserves the right, without the need to provide notice and at its sole discretion, to terminate your account and/or to block your use of the Site.
(Annex) License Agreement of PRZENTATION's Content
Last updated: August 29th, 2016
Your use of PREZENTATION's Content (as defined in the Site Terms of the Site; hereinafter the "Content") made available by Reliance Data Co., Ltd. ("Company") is subject to your acceptance and agreement to be bound by the terms set forth below (the "License Agreement"). Any person who uses Content ("User") shall be deemed to have accepted and agreed to be bound by the License Agreement. If there is any obvious conflict between the License Agreement and the Site Terms of the Site, the License Agreement shall prevail only to the extent of such conflict.
1. License to Use Content
1.1. Save for the provisions under Section 2 (Prohibited Uses), User may use Content purchased through the Site for the period prescribed in the service plan purchased by the User ("Service Plan") ("License Period") only to such extent Content is used for presentation materials. Company grants to User a worldwide (except for Japan), non-transferable and non-exclusive license to use Content to the extent necessary for the relevant use. User acknowledges and agrees that content that are identical or similar to Content has been or may have been used by third parties.
1.2. User acknowledges and agrees that, depending on the intended use of Content, rights management and/or payment of royalties may be separately required with respect to the copyrights, portrait rights, trademarks, design and other rights in or to Content or of the subject thereof.
1.3. Notwithstanding Section 1.1 above, the scope of license to use Content under the "Light Plan" shall be limited to the use for seminars and internal explanatory materials only, and any use intended for commercial use or posting online (including posting materials online such as SlideShare) shall not be permitted.
2. Prohibited Uses
User may not:
i) resell, distribute, assign, lease or transmit Content to third parties, or otherwise assign or lease any right to use Content to third parties, or create any security interest over Content, in each case whether for commercial or non-commercial purposes;
ii) produce, sell, or provide (i) any tool services to create a presentation which is similar to this service; (ii) any consulting services of presentations; or (iii) any products similar to Content, by misappropriating Content;
iii) use Content beyond the number of users subscribed for Content. For this purpose, User acknowledges and agrees that if User uses more than one device (such as computers), each User may use Content on up to 2 devices and if the number of devices used is more than 2, he/she will have to change the service plan accordingly.
iv) use Content in a manner that infringes any portrait rights, publicity rights or trademark, copyright or any other right of the subject of the Content by clipping, trimming, processing or editing any specific subject of the Content;
v) use or register all or part of Content as all or part of a trademark, trade name or service mark, etc. or any labeling, etc. of any merchandise for commercial resale or distribution;
vi) use Content for the purpose of impairing the good name or reputation of, or libeling or slandering, the subject of Content, or for any other illegal and/or improper purposes; in case the subject of Content is person(s), use Content in a manner that might or would create a misunderstanding as if such subject had a particular religious or political belief or were a patient with a particular disease; or use Content in a manner that would damage such subject's image, reputation, credibility and/or dignity; or use Content for any purposes by which such subject may feel offended or uncomfortable; or use Content in any advertisements, leaflets or other materials associated with such purposes;
vii) use Content in a manner that may create a misunderstanding that User has partnership or cooperative or other special relationships with the subject of the Content, or that such subject appreciates or endorses User's or any third party's for-profit activities or services;
viii) use Content for any purposes that are offensive to public order or morals, or (whether or not offensive to public order or morals) for pornographic or adult entertainment industry, any illegal business practice, any pornographic or dating website, or any activity, etc., associated with any organized crime group; or
ix) use Content in breach of any restriction that may separately be imposed by Company for each piece of Content.
3. Improper Use
3.1 Any User who uses Content without obtaining prior license from Company shall pay, in addition to the regular fees set forth in Section 4, any compensation for damages incurred by Company, photographer and photography subject (including court cost and attorneys' fee).
3.2 In case of the preceding paragraph, User shall, at the request of Company, disclose all information requested by Company, including, but not limited to, the names, addresses, telephone numbers and the names of contact persons of the third parties.
4. Fees and Payment
4.1. User shall pay to Company the applicable fees for Content separately determined by Company for each Service Plan, in the manner designated by Company. All remittance charges incurred in such payment shall be borne by User. If any User uses, resells or otherwise uses by any method any Content downloaded from the Site for any purpose without a license pursuant to the License Agreement (whether intentionally or unintentionally, and including, but not limited to, the use for websites, publications, leaflets and creative advertisements), User shall pay at an amount 10 times of the regular monthly fee of the Service Plan (of the highest monthly fee) set forth by Company.
4.2. If User falls into arrears in the payment of the fees as set forth in the preceding paragraph, he or she shall pay to Company, in addition to the fees, penalty interest calculated at a rate of ten percent (10%) per annum of the amount due, for the period from the day immediately following the payment due date to the date of full payment.
4.3. Company may change the fees and/or the means of payment thereof, by giving a prior notice to User in such manner as deemed appropriate by Company; provided, however, that such notice shall be deemed to have been given to User if the details of any such changes to the fees and/or the means of payment are posted at Company's website.
While Company takes great care in controlling the quality of Content, Company does not make any warranty in respect of any Content in any manner, including in case of any of the following items. Any disputes or damages accrued to User or other third party as a result of any of the following items shall be governed by "Disclaimer", "Limitation of Liability" and "Special Provisions of "Disclaimer" and "Limitation of Liability"" sections under the Site Terms:
i) Any damages incurred due to, or any disputes between User and any third party arising from or in connection with User's failure in examining the details of Content (including the directions, color tones, contrast, etc., of the images) as well as the captions, keywords, explanations, etc., accompanying such Content and the accuracy of such captions, keywords, explanations, etc, at his/her responsibility before using any Content;
ii) Any damages incurred due to, or any disputes between User and any third party arising from or in connection with User's failure in reviewing and confirming of the status of rights management of the copyrights, portrait rights, trademark, design and other rights in or to the subject of Content (including any rights management with respect to such subject that may be required if User modifies or transforms the Content) which User acknowledges is his/her own responsibility;
iii) Any disputes between User and any third party arising from or in connection with whether Content has merchantability, fitness for purpose or compatibility of Content for any specific purposes;
iv) Any damages, prejudice or liabilities arising from or in connection with the content of any information disseminated or provided by User through various deliverables produced by User using Content, and any disputes between User and any third party or damages to any third party arising from or in connection with such information;
v) Any damages, prejudice or liabilities arising from or in connection with any use by User of Content for any purposes or in any manner other than those permitted hereunder, or any use by User of any Content for which Company has given notice of suspension of use to User in advance; or
vi) Any impact and/or damages caused by any computer virus, etc., on User's terminal or communication equipment, recording media, software, etc., or any damage to data that occurs or may occur as a result of or in connection with User's use of Content.
6. Copyrights and Other Rights
6.1. User acknowledges and agrees that all copyrights and other intellectual property rights in or to Content licensed to User (including all images, all explanations and keywords accompanying such images and other related information) are the sole property of Company or the copyright holders who have entrusted their copyrights management to Company ("Copyright Holders"), and none of these copyrights or other intellectual property rights are assigned to User.
6.2. User acknowledges and agrees that neither Company nor Copyright Holders have any portrait or trademark right, copyright, design right, right of use or any other right in or to the persons, goods or places contained in the subject of Content. User further acknowledges and agrees that he/she may need to separately obtain, at his/her own expense and responsibility, licenses to these rights in advance, and that the fees for Content payable to Company hereunder do not include any fees for licenses to such rights.
7. Consent for Disclosure
User acknowledges and agrees that, in connection with the use of PREZENTATION's service provided by Company, Company may post its company name and company logo as its achievement on its promotional materials, website, press release or any other media.
8. Termination of License to Use Content
If any of the following events occurs in respect of User, Company may, with immediate effect and without giving any notice or whatsoever, terminate this License Agreement to revoke such User's license to use Content, in which case User may no longer use Content in any manner whatsoever. In such case, User shall destroy Content and all reproductions thereof pursuant to Company's directions, and User (or by his/her employer or organization of affiliation if User uses Content in the course of performance of his/her duties at work) shall compensate for any damages (including any court costs and attorneys' fees) incurred by Company or any third party as a result of the relevant act of User. Company shall not be liable for any damages incurred by User or any third party due to, or for any dispute between User and any third party arising from, any restrictions on or any suspension, revocation of User's license, regardless of the causes for such damages or dispute.
i) User breaches the Site Terms, including the License Agreement;
ii) User provides any false information in its statement or report to Company;
iii) Any payment bill or check issued by User is dishonored or that User suspends payments;
iv) A petition for compulsory execution, provisional attachment, provisional disposition or public auction or a legal action similar to the foregoing is filed against User, or that User is subject to coercive collection of unpaid taxes;
v) A petition for bankruptcy, special liquidation, corporate reorganization or civil rehabilitation or similar legal procedures is filed by or against User;
vi) User is subject to punishment by any competent governmental authorities, whereby User is ordered to suspend its business operations or User's business license or registration is revoked;
vii) User's financial condition has deteriorated or is likely to deteriorate;
viii) User engages in any other activity that would ruin the relationship of trust with Company; or
ix) It is discovered that there is a financial or any other relationship, whether directly or indirectly, with any organized crime group, or that User, any of its officers or employees provide financing to any organized crime group or engages in any similar act, regardless of the pretext.
User is entitled to use Content downloaded from the Site for 1 year after expiration of the License Period (excluding termination of the License Agreement pursuant to this Section 8) only for the purpose of presentation materials ("Permitted Post Expiration Use"). If User uses Content in violation of the Permitted Post Expiration Use, and if so demanded by Company, User shall make a lump-sum payment immediately that is equivalent to the amount of up to 5 years' worth of the regular monthly fees for the Service Plan (of the highest monthly fee).
9.1. The formation, validity and construction of the License Agreement shall be governed by and construed under the laws of Japan.
9.2. If any provision or any portion of any provision of the License Agreement is held to be legally invalid, all provisions other than such invalid provision of the License Agreement shall remain in full force and effect.
9.3. If any issue arises between User and Company in respect of any Content and/or services, the parties shall discuss with each other in good faith to resolve such issue. If such discussion fails to resolve the issue, each party agrees to submit to the exclusive jurisdiction of the Tokyo District Court of Japan.
10. Changes to the Terms
User acknowledges and agrees that, from time to time, Company may change the terms of this License Agreement without giving prior notice to User. Company will post an updated License Agreement on Company's website, and the updated agreement will take effect immediately.