Terms of Use
Web Site Terms and Conditions of Use
【Agreement】
Welcome to the website of DB Tracklayer ("Site").
Please read the following Terms of Use carefully before using this Site or ordering / downloading any of our products, so that you are aware of your legal rights and obligations with respect to TRACKSYSTEMS Co., Ltd. and its affiliates and subsidiaries (individually and collectively, "TRACKSYSTEMS").
By using the Site, software or purchasing any products, you signify your irrevocable acceptance of these Terms of Use.
The Service in the Site may have specific terms of use. Please read them carefully before using any Service.
【Scope of Agreement】
1.These Terms of Use("Terms") apply to the use of various Internet services and information services("Service") provided by this Site and TRACKSYSTEMS.
2.Any other provisions provided for the Service that TRACKSYSTEMS offers, other than these Terms, shall consist the part of these Terms.
3.In the event of inconsistency or discrepancy between these Terms and any other provisions prescribed in the preceding paragraph, these Terms shall prevail.
【Revision】
1.TRACKSYSTEMS has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed as an irrevocable acceptance of those revisions.
2.The rivision of the Terms becomes valid when it appears on the Site except when TRACKSYSTEMS specifically make a statement regarding the effective date.
【Requirements for Web Browsing】
Use of the Site may require one or more compatible telecommunication devices, certain software, telephone subscription and the Internet access on the customer's own responsibility. The communication charges and interconnection charges relating to the use of the Service shall be beared at the customer's end.
【Prohibited Acts】
Regarding the use of the Service, the customer are prohibited the following acts and the causing thereof:
(1) Any acts that infringe or are likely to infringe rights of TRACKSYSTEMS or of the business partners
(2) Any acts that infringe or are likely to infringe any property of TRACKSYSTEMS or of the business partners
(3) Any other acts than (1)(2) that damage or are likely to damage TRACKSYSTEMS or the business partners
(4) Use or distribute harmful programs such as computer viruses through or related to this Service
(5) Any acts of credit card abuse for using this Service
(6) Make a false or unfair application when purchasing
(7) Substitute someone without his/her permission to apply for purchase
(8) Any acts that unfairly obstruct or are likely to obstract the operation of the Service and cause damage to TRACKSYSTEMS
(9) Any acts that infringe any intellectual property such as copyright or other rights of TRACKSYSTEMS or any other third parties
(10) Any acts that defame, libel, slander or discredit TRACKSYSTEMS or any other tird parties
(11) Any acts to obstract other users to use this Service
(12) Any acts that infringe or likely to infringe any property, privacy, portrait rights or publicity rights of TRACKSYSTEMS or any other third parties
(13) Election campaign activities or any other similar acts, no matter if it is campaign season or not
(14) Any acts that are offensive to public order and morals
(15) Any acts that violate or likely to vioalate laws and ordinances
(16) Criminal action or any acts that are related to criminal, or any acts that are likely to be so
(17) Any other acts that TRACKSYSTEMS evaluated as inadequate
【Indemnity】
You agree to indemnify and hold TRACKSYSTEMS, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
【Warranties, Disclaimers and Limitation of Liability】
1.The information on the Site is presented without warranty of any kind, either expressed or implied. TRACKSYSTEMS does not warrant its adequateness, completeness, accuracy, security, legitimacy or newness.
We accept no responsibility for any loss or damage, whether direct or indirect, that you may suffer in connection with your use of the Site or any linked website.
TRACKSYSTEMS does not warrant that the functions contained in the Service provided by the Site, such as Email or any content, will be uninterrupted or error-free, that defects in it will be corrected or that this Service or the server that makes it available will be free of viruses or any other harmful components.
2.TRACKSYSTEMS shall not be held accountable for any loss or damage, despite of reasonable safety measures taken by TRACKSYSTEMS, caused by the system failure, such as interruption, delay or cancellation, that result from failure in communication line or computer, or caused by website defacement or unauthorized access to data.
【Termination, Interruption and Modification of the Site】
1.TRACKSYSTEMS may modify or terminate the Service contents without prior notice to the users.
2.TRACKSYSTEMS shall not be held accountable for any loss or damage caused by the modfication or termination prescribed in the preceding paragraph.
3.TRACKSYSTEMS may interrupt or terminate the Service, in whole or in part, if any of the following events should occur
(1) Periodical or critical maintenance and update of the equipments and systems that makes the Service available
(2) Force majeure, such as fire, blackout or any other natural disasters that makes difficult to provide the Service
(3) Telecommunications carrier do not or cannot provide their service
(4) Any other occasion TRACKSYSTEMS acknowledges the need of interruption or termination for the operational or technological reasons
【Use of Personal Information】
TRACKSYSTEMS collects and uses personal information in compliance with the guideline supplied in Policies on Personal Information Protection.
Please read those policies carefully before using the Service.
By using the Service, you shall be deemed as giving a consent to the collection and use of your personal information as outlined there.
【Intellectual Property Rights (Copyright, Trademarks etc) 】
1.The content and compilation of content included on DB Tracklayer's website, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of TRACKSYSTEMS and are protected by Japan and international copyright laws.
Users may download and make electronic or print copies of the content of the Site
only for non-commercial, personal use.
The content of the Site, such as information and programs, shall not be used (copied, uploaded, inserted or quoted) in other websites or publications.
Any other use of the content of this Site beyond the realm accepted in copyright laws without prior consent is not allowed.
2.DB Tracklayer, logos, associated trademarks and service marks are property of TRACKSYSTEMS or third parties who have gratnted TRACKSYSTEMS limited rights to use them, and cannot be transferred or reproduced without prior consent of the right holder. Unauthorized use is strictly prohibited.
【Links from Third Party Sites】
If you would like to link to this Site, please contact us after reading "Guidelines for Links" carefully. We will contact you after reviewing your request.
【Governing Law, Jurisdictional Issues, Jurisdictional Court】
By accessing this Site, you and TRACKSYSTEMS agree that all matters relating to your access to, or use of, this Site and the Service offered in this Site, shall be governed by and interpreted in accordance with the laws of Japan, and shall be subject to the jurisdiction of the courts of the district of Japan.
1.In the event any dispute or controversy shall arise between TRACKSYSTEMS or the busiess partner and the user out of or relating to this Terms of Use or the Service provided, the parties agree to exercise their best efforts to resolve the dispute as soon as possible.
2.Any desputes relating to the Term or the Service shall be subject to the jurisdiction of Tokyo District Court as an exclusive agreement jurisdictional court for the first trial.