DESIGN EARTH terms of use

These terms of use set forth the terms of use for providing the services as defined below, and the rights and obligations between DESIGN EARTH and registered users of the services. You need to read and agree to the entire term and conditions before using the services.

Applicability

1. The purpose of these terms of use is to set forth the terms of use for providing the Services and the rights and obligations between DESIGN EARTH and the registered users as defined below, and these terms of use shall apply to all aspects of the relationship between you and DESIGN EARTH in connection with the Services.

2. Any rules for use of the services posted on our website at http://www.designearth.com (“the rules”) shall constitute an integral part of these terms of use.

3. If there is any conflict between these terms of use and the rules or any other description of the services not provided for herein, these terms of use will prevail.

Definitions

For purpose of these terms of use, the following terms have the following meanings.

(1) “service agreement” means not only these terms of use but also any other agreements relating to the services to be executed between DESIGN EARTH and the registered user.

(2) “IP rights” means copyrights, patents, trademarks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).

(3) “posted data” means any contents, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the registered user hereunder.

(4) “website” means such website as may be from time to time operated by DESIGN EARTH, whose domain name is http://www.designearth.com.

(5) “registered user” means any person or entity that has been resisted as a user of the services pursuant to the term “registration”.

(6) “services” means any and all services provided by DESIGN EARTH in http://www.designearth.com.

Registration

1. A person wishing to use the service (a “candidate”) may apply to DESIGN EARTH for registration to use the services by agreeing to comply herewith and providing certain information as specified by DESIGN EARTH (“my profile”) in accordance with such manner as may be prescribed by DESIGN EARTH.

2. DESIGN EARTH shall determine whether to resister a candidate who made an application pursuant to the first paragraph of this term (an “applicant”) in accordance with the criterion of DESIGN EARTH, and shall notify the applicant of its approval, if the DESIGN EARTH determines to do so. The applicant’s registration as a registered user shall be completed upon the notice by DESIGN EARTH pursuant to this paragraph.

3. Upon completion of the registration pursuant to the foregoing paragraph, the service agreement shall become effective between the registered user and DESIGN EARTH, allowing the registered user to use the services pursuant to these terms of use.

4. DESIGN EARTH reserves the rights to refuse registration or re-registration of any applicant without any obligation to disclose the reasons in the event that:

i. Any or all of the registration information provided by the applicant to DESIGN EARTH is found to be false, inaccurate or omitted;

ii. The applicant is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from such applicant’s legal representative, guardian, curator or assistant;

iii. The applicant was determined by DESIGN EARTH to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity (“antisocial force”). (ii) have any interaction or involvement with an antisocial force, or (iii) assist or be involved in the maintenance, operation or management of an antisocial force by way of finance or other means;

iv. The applicant was determined to have been in violation of any agreements with DESIGN EARTH, or to have involvement with a defaulting party of any such agreement.

v. The applicant has suffered any of the measures under the term “registration cancellation” or

vi. In addition to the foregoing, DESIGN EARTH deems the registration inappropriate.

Change to Registration Information

The registered user owns the registration information and may change it in accordance with such manner as prescribed by DESIGN EARTH.

Password and User ID Management

1. The registered user shall be responsible for keeping and maintaining is password and user ID for the services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.

2. The registered user shall be, and the DESIGN EARTH shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the registered user’s password or user ID by a third party.

Prohibited Actions

When using the service hereunder, the registered user may not be conduct any of the following acts or any act that the DESIGN EARTH determines fails under any of following:

(1) Acts that violate any law or regulation or that are associated with criminal activity;

(2) Acts that defraud or threaten DESIGN EARTH, other registered users or other third parties;

(3) Acts against public order and good morals;

(4) Acts that infringe any IP rights, portrait rights, privacy rights, reputation or other rights or profit of DESIGN EARTH, other registered users or other third parties;

(5) Act to transmit to other registered users, through the services, any of the following or any transmissions that the DESIGN EARTH determines includes under any of the following:

- Excessively violate or cruel content;

- Computer viruses or other hazardous computer programs;

- Content that damage the reputation or the credit or DESIGN EARTH, other users of the services or other third parties;

- Excessively indecent content;

- Content that encourages discrimination;

- Content that encourages suicide or self-mutilation;

- Content that encourages drug abuse;

- Antisocial content;

- Content for the purpose of disbursing information, such as chain mails;

- Content that causes uncomfortable feelings to third parties;

- Content for the purpose of encountering unacquainted person of the opposite sex:

(6) Acts that place an excessive burden on the network or system of the service;

(7) Acts that threaten to interrupt the operation of the services;

(8) Acts to access or attempt to access the system or network of the services improperly;

(9) Acts to impersonate a third parties;

(10) Acts to use the user ID or password of other users of the services;

(11) Acts of exploitation, advertisement, soliciting or marketing without DESIGN EARTH’s prior content;

(12) Acts to collect information of other users of the Services;

(13) Acts that cause disadvantage, damage or uncomfortable feelings to other users of the services or other third parties;

(14) Acts that violate the rules;

(15) Acts to provide antisocial forces with profit;

(16) Act that are intended to encounter unacquainted person of the opposite sex;

(17) Act that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or

(18) Other acts that DESIGN EARTH deems to be inappropriate.

Suspension of the Services

1. The DESIGN EARTH shall be entitled to, without any advance notice to the registered user, suspend or discontinues the service, in whole or part, in the event that:

i. Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;

ii. Computers or communication lines have been disrupted due to an accident;

iii. DESIGN EARTH becomes unable to provide the services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or

iv. DESIGN EARTH determines that suspension or discontinuance is required for other reasons.

2. Under no circumstances shall DESIGN EARTH be liable for any damages incurred by the registered user arising out of any measures taken by DESIGN EARTH pursuant to this term.

Ownership of rights

1. Any and all IP rights related to the website and the services are expressly reserved by DESIGN EARTH or DESIGN EARTH’s licensor. Nothing contained herein shall be construed as granting to the registered user a license of the IP rights owned by DESIGN EARTH or DESIGN EARTH’s licensor.

2. The registered user hereby represents and warrants to DESIGN EARTH that it has lawful rights to post or otherwise transmit the post data, and that the posted data so posted does not infringe any third party’s rights.

3. The registered user hereby grants to DESIGN EARTH a worldwide, non-exclusive, royalty-free, and sub-licensable and transferrable license to use, reproduce, distribute, make, express and create derivate works of the posted data. In addition, the registered user hereby grants to the other registered user a non-exclusive license to use, reproduce, distribute, make, express and create derivative works of the posted data posted or otherwise transmitted by the registered user using the service.

4. The registered user agrees to sustain the treatment of posted data as described in above section 3, even after the registered user cancels his or her registration.

5. The registered user hereby agrees not to exercise moral rights against DESIGN EARTH or any other person who succeeded to the same from DESIGN EARTH. Or a licensee thereof.

Registration Cancellation

1. DESIGN EARTH may, without prior notice or demand, desire the posted data, or temporarily suspend the use by the registered user of the services, cancel the registered user’s registration as such or terminate the service agreement, in the event of any of the following:

i. The registered user failed to comply with any of provisions hereof;

ii. Any of the registration information is found to be false;

iii. The registered user underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the registered user.

iv. The registered user has not used the services for 6 months or more;

v. The registered user has not responded to inquiries from DESIGN EARTH or other communications requiring its response for 30 days or more;

vi. The registered user falls under any of the subparagraphs of the article “Registration” paragraph 4 ; or

vii. In addition to the foregoing, if DESIGN EARTH determined that it is not inappropriate for the registered user to use the services, maintain its registration as a registered user, or have the service agreement remain in effect.

2. If one or more of events specified above occurred, all amounts owed to DESIGN EARTH by the registered user shall be automatically accelerated, and the registered user shall immediately pay to DESIGN EARTH such amounts in full.

3. DESIGN EARTH shall not be liable for any damages incurred by the registered user arising out of, or in connection with, any actions taken by DESIGN EARTH pursuant to this article: Registration Cancellation.

Withdrawal

1. The registered user may withdraw from the services and cancel its registration as a registered user by giving notice to DESIGN EARTH to that effect and pursuant to such manner as specified by DESIGN EARTH.

2. Treatment of user information after the withdrawal shall be subject to the provision of article: Treatment of user information.

Services Modification and Termination

1. DESIGN EARTH shall be entitled to at any time modify or terminate the services in its own discretion. DESIGN EARTH shall notify in advance the registered user of any intended termination by DESIGN EARTH of the services.

2. DESIGN EARTH shall not be liable for any damages incurred by the registered user arising out of, or in connection with, any actions taken by DESIGN EARTH pursuant to this article: Services modification and termination.

Disclaimer and Waiver of Warranties

1. DESIGN EARTH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the registered user, (ii) that the services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the registered user of the services complies with the laws and regulations applicable to the registered user or any internal rules established by industrial organizations, and (iv) that the services will be free of interruption or defects).

2. Under no circumstances shall DESIGN EARTH be liable for any damage incurred by the registered user arising out of discontinuance, suspension, termination, unavailability, or modification by DESIGN EARTH of the services, cancellation or loss of messages or information transmitted by the registered user to the services, deletion of the registration of the registered user, loss of registered data or failure of or damage to equipment through the use to the services, or otherwise in connection with the services(“Damages”).

3. DESIGN EARTH shall not be liable for any amount in relation to Damages incurred by the registered user that are attributable to DESIGN EARTH for any reasons whatsoever. UNDER NO CIRCUMSTANCES SHALL DESIGN EARTH BE LIABLE FOR INCIDENTAL, IDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS.

4. DESIGN EARTH shall not in any way be liable for transactions, communications or disputes arising between the registered user and other registered users or a third party in connection with the service or the website.

Confidentiality

The registered user shall keep confidential any and all non-public information disclosed by DESIGN EARTH to registered user for which DESIGN EARTH has imposed on the registered user a confidentiality obligation on connection with the services, unless the registered user has obtained prior written approval from DESIGN EARTH.

Treatment of User Information

1. Treatment by DESIGN EARTH of the registered user's information shall be subject to the provisions of our Privacy Polity, which are separately prescribed, and the registered user hereby agrees to treatment by DESIGN EARTH of the registered user’s information subject to such Privacy Policy.

2. DESIGN EARTH may, in its sole discretion, use or make public any information or data provided by the registered user to DESIGN EARTH as public information in a form that cannot identify the personal profile, and the registered user may not challenge or dispute such use.

Amendments

DESIGN EARTH reserves the right to amend or change these terms of use. In the event of any amendment or change to these terms of use, DESIGN EARTH shall notify the registered user thereof. If the registered user uses the services, or fails to take steps to cancel its registration within the time specified by DESIGN EARTH after the notice set forth above, the registered user shall be deemed to have agreed to such amendment or changed to these terms of use.

Notice

Any inquiries with respect to the services or other communications or notices from the registered user to DESIGN EARTH, or the notices concerning any amendment to these terms of use or other communications or notices from DESIGN EARTH to the registered user shall be made in accordance with procedures specified by DESIGN EARTH.

Assignment

1. The registered user shall not assign, transfer, grant security interests in or otherwise dispose of its status under the service agreement or its rights or obligations under these terms of use without the prior written consent of DESIGN EARTH.

2. In cases where DESIGN EARTH has assigned the business regarding the service to a third party, DESIGN EARTH may, as part of such assignment, assign to such third party its status under the service agreement, its rights and obligations under these terms of use, and the registration information and other information relating to the registered user, and the registered user hereby agrees to such assignment in advance. For the purposes of this article, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of DESIGN EARTH or any other form of restructuring of DESIGN EARTH that would result in a business transfer.

Severability

If any provision of these terms of use or part thereof is held to be invalid or unenforceable under the consumer contract low of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effort.

Governing Law and Jurisdiction

1. These terms of use shall be governed by the laws of Japan. If there are sales of goods in the services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.

2. Any and all disputes arising out of or in connection with these terms of use shall be submitted to the exclusive jurisdiction of Tokyo District Court in the first instance.

Prescribed on February/20/2016