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terms of use

1.Terms

1.1 Mitsubachiworks Inc. (“we” or “us”) sets out the following Terms governing its provision of “Heart is in” (the “Service”). By using the Service, you have agreed to these Terms.

1.2 We may amend these Terms. By using the Service after these Terms have been amended, you have agreed to these Terms as amended.

2.Members

If you agree to these Terms and make an application to us for membership, and we approve your application, you may obtain membership.

3.Use of information

Information sent by members through the Service may be reproduced, adapted or used in any other manner by us without charge, or be permitted by us to be so used by a third party.

4.Conditions of provision of the Service

4.1 We are not responsible for, and will not provide any support whatsoever in regard to, the devices, software, telecommunication methods, technology and the like used by members in order to use the Service.

4.2 We may alter, suspend or discontinue the Service without notifying members.

4.3 We make no warranty whatsoever in respect of the content of the Service, the reliability of our provision of the Service, the results of accessing the Service, or the like.

5.Cancelling membership

Members may cancel their membership at any time by following our prescribed procedures.

6.Breach of these Terms, etc.

If any of the following applies to a member, we may revoke the membership of that member without giving any notice or demand for cure.

(a) six months or more have passed without the member using the Service

(b) the member breaches these Terms

(c) the member falls under a ground that disqualifies membership

(d) the member violates a law or ordinance

(e) we otherwise deem the person inappropriate as a member

7.We may use the personal information of members for the following purposes.

7.1 We may use the personal information of members for the following purposes.

(a) providing the Service

(b) identity verification

(c) responding to reports, complaints or other inquiries from members

(d) communicating with members such as notification of membership renewal and notification of other information

(e) marketing activities such as surveys, special offers, and prizes

(f) aggregation and analysis of registered information, status of use, access history and the like for purposes such as improving the Service

(g) development of new services and new features

(h) advertising and promotions by us or a third party

7.2 We may provide personal information to a third party in the following cases.

(a) if we entrust personal information to a contractor or affiliate within the extent necessary for accomplishing a purpose provided for in 7.1 above

(b) if a national government agency, local government, or a third party delegated thereby, requests the disclosure of personal information in accordance with the provisions of law or ordinance

(c) if it is necessary to do so in order to protect the life, body or property of a person and it is difficult to obtain the consent of the owner of the personal information

(d) any other case provided for by the Personal Information Protection Act

7.3 We may send emails or other advertising and promotional materials to members for purposes such as advertising or promoting ourselves or a third party.

8.Our liability

8.1 We make no guarantee as to the accuracy, usefulness, legality or the like of any information sent through the Service.

8.2 We will not bear any liability whatsoever for any damage incurred by members due to their using, or being unable to use, the Service.

9.Language, Governing law; jurisdiction

9.1 The Japanese version of these Terms shall prevail if there are any inconsistencies between the Japanese version and the English version.

9.2 These Terms and all other matters relating to the Service are governed by the laws of Japan.

9.3 The Tokyo District Court will have exclusive jurisdiction as the court of first instance if any dispute arises between a member and us in relation to the use of the Service.