Terms of Use for “Kikuzosound.com”

Telemedica Inc. (hereinafter referred to as the “Company”) provides for Terms of Use for “Kikuzosound.com”, services which the Company provides (hereinafter referred to as “Portalsite”) as follows:


1. Definitions

The following terms used herein shall have the meanings set out below:


(1) “Services” shall mean “Portalsite”, the generic term used to refer to medical cases, auscultation sound, quizzes, mail magazines, etc. which the Company provides, and software incidental thereto (hereinafter referred to as the “Software”);


(2) "User (s)” shall mean users of the Services;


(3) "User Information” shall mean User’s e-mail address, attribute information, etc.


(4) “User ID etc.” shall mean user name and password which User inputs when registering for use of the Services;


(5) “Contents” shall mean a leaning system which User can access and use through the Services, and images, videos, texts, voice and/or auscultation sounds and other information used in such learning system in whole or in part;


(6) “Paid contents” shall mean the Contents which need to be purchased separately;


(7) “Processed Contents” shall mean images, videos, texts and other information which User creates using the Contents;


(8) “Individual Regulations” shall mean documents other than these Terms of Use, which the Company provides to User, including, but not limited to, Guidelines for the Services and operating manual; If there is a discrepancy between these Terms of Use and Individual Regulations, Individual Regulations shall prevail;


(9) “Intellectual Property Right” shall mean a patent right, utility model right, design right, trademark right, copyright, trade secret, etc.


(10) “Confidential Information” shall mean information about the technology, business operations, organization, etc. that the Company discloses to User in relation to the Services. It is any information that, when the Company discloses in writing, by recording media or otherwise, has an indication to show its confidential nature, or when the Company discloses orally, will have an indication, in writing etc., to show its confidential nature, except for information which:


(a) was already in the public domain or available to the public or was already known to User at the time of disclosure by the Company;


(b) becomes part of the public domain or available to the public after disclosure by the Company, through no fault of User;


(c) is lawfully obtained by User from an authorized third party, without bearing confidentiality obligation; or


(d) is independently developed by User with reference to Confidential Information.


2. Application

2.1 User shall use the Services upon agreement with these Terms of Use and is, by using the Services, deemed to have agreed to abide by these Terms of Use. User who fails to agree to abide by these Terms of Use may not use the Services. By agreeing to abide by these Terms of Use, User is also deemed to have agreed to abide by Individual Regulations.


2.2 The Company may revise or abolish these Terms of Use, without giving a prior notice thereof to User. User is deemed to have agreed to abide by such revised Terms of Use upon using the Services after such revision, and the revised Terms of Use shall apply. However, the Company shall, from time to time, post the revised Terms of Use on the website operated by the Company.


2.3 If a User is a minor, he/she is required to use the Services with consent of his/her legal representative including a person in parental authority.


3. Registration

3.1 When User wants to use the Services for the first time, User must input a License Key which issued by the Company, and then, User is required to input User information, register for use thereof or otherwise when using the Services. Such User information must be true and correct. User information is linked to information of device and browser when User uses the Services.


3.2 If User falls under any of the followings when registering for use of the Services, the Company may deny his/her registration for use thereof without giving a prior notice thereof, or if his/her registration for use thereof has been completed, the Company may terminate it:


(1) If User ID etc. which such User intends to register is the same as one which a third party has registered already;


(2) If the Company judges that User ID etc. which such User intends to register includes inappropriate content;


(3) If there is false content in such User’s registration information;


(4) If such User intends to make plural registrations;


(5) If it is understood that such User registers for use thereof for the purpose of impersonating a third party (including the Company);


(6) If the Company judges that such User falls on antisocial forces etc. (organized crime group, organized crime group member, and equivalents to each of the foregoing items defined under the Act on Prevention of Unjust Acts by Organized Crime Group Members), acts as officer or employee, etc. thereof, or cooperates in or is involved in the management thereof; or


(7) If otherwise the Company judges that such User’s registration for use thereof is inappropriate.


3.3 User agrees that the Company or a contractor to which the Company outsources the operations shall distribute mail magazines to e-mail address which he/she inputs when using or registering for use of the Services.


3.4 User agrees that the Company uses, jointly with business operators designated by the Company (hereinafter referred to as “Designated Business Operators”), User Information which he/she inputs when using or registering for use of the Services.


3.5 User Information to be used jointly by the Company and Designated Business Operators shall be managed by the Company and Designated Business Operators.


3.6 Designated Business Operators shall handle User Information to be used jointly with the Company, in accordance with their own Privacy Policy, Terms of Use for Service, and the like.


4. Correction of Registration Information

In the case of a change to User Information on a User, he/she must promptly correct and renew User Information which he/she has registered.


5. User Name and Password

5.1 User must manage securely User ID etc. which he/she inputs when registering for use and prevent a third party’s unauthorized use thereof. If User is aware of a third party’s unauthorized use of User ID etc., he/she is required to immediately notify the Company.


5.2 If the Services are used with registered User ID etc., the Company may consider it as a use by User who registered for use with User ID etc., and the Company shall not be liable for any damages etc. which may result from such use, due to a reason not attributable to the Company. A User may not lend, assign or otherwise his/her User ID etc. to any third party, without the Company’s prior approval.


5.3 If a User changes his/her User ID, device and/or browser linked to User information, User must apply to the Company and obtain permission from the Company.


5.4 A User may, at his/her discretion, delete his/her User ID. If User ID is deleted, User may not use the Services, in part.


6. Use of Services

6.1 User may use the Contents to be provided in the Services, and use the Paid contents the same for a charge.


6.2 User may use the Services within the scope of the terms and conditions contained in these Terms of Use and Individual Regulations. A User may not assign to any third party his/her status at which he/she can use the Services and his/her rights thereunder.


6.3 User shall, on his/her responsibility, prepare and manage communications devices etc. necessary to use the Services, including smart phone, tablet or PC.


6.4 The Company may make a change to or discontinue the provision of the Services, in whole or in part without prior notification to User.


6.5 The Company may, in relation to the Services, give a notice, advertisement and other message to e-mail address which User registered.


7. Fee and Payment Method

The Company may provide the Paid contents. User shall purchase the Paid contents when using these..


8. Prohibitions

When User uses the Services, he/she shall not conduct:


(1) any act which prevents the operation of the Services, by putting a load beyond the ordinary use on the Services or a server etc. on which the Services are provided;


(2) any act which limits or interferes with, or may limit or interfere with another User’s use of the Services and act which limits or blocks, or may limit or block another User’s use of the Services, by hacking the Services or rewriting the Services, in part;


(3) any act of reproducing (including downloading) the Contents and the Software, act of modifying the Contents and the Software which he/she reproduced, or act of distributing, transmitting, reprinting or otherwise the Contents and the Software which he/she reproduced (including those which he/she modified), without the Company’s authorization;


(4) any act of having a link directly (direct link) to the Contents, in whole or in part;


(5) any act of providing services which are the same as or similar to the Services (free of charge or for a charge), including, but not limited to, the followings;


(i) an act of providing to a third party services which are the same as or similar to the Services, by using the Contents, in whole or in part;


(ⅱ) an act of providing to a third party services which are the same as or similar to the Services, by using the Software;


(iii) an act of providing to a third party services which are the same as or similar to the Services, by using a service name related to the Services, including, but not limited to, “Portalsite”;


(6) any act of removing copyright notices, registered trademark notices, etc. posted on pages etc. of the Services;


(7) any act which violates laws and regulations, judgments, decisions or orders of a court, enforceable governmental actions, or public order or morals;


(8) any act of infringing the Company’ or a third party’s Intellectual Property Right;


(9) any act of impairing the Company’ or a third party’s creditability or reputation, or act of infringing a third party’s privacy right or portrait right, etc.;


(10) any act of harassing or defaming a third party;


(11) any act of collecting, disclosing or using a third party’s personal information, registration information, etc. fraudulently; and


(12) any act which the Company judges as inappropriate.


9. Change to, Suspension and Termination of Services

9.1 The Company may, at any time, make a change to or suspend the provision of the Services, without giving a notice thereof to User, when it judges it necessary.


9.2 If a User violates these Terms of Use, the Company may suspend or discontinue such User’s use of the Services, without giving a prior notice thereof.


9.3 The Company may terminate the provision of the Services, in whole or in part, by giving a notice thereof to User a considerable period of time prior thereto, which the Company judges as appropriate. The same shall not apply to an unavoidable circumstance, and in this case, the Company may immediately terminate the provision of the Services, in whole or in part, without giving a prior notice thereof.


9.4 User may terminate the registration for use of the Services by the method prescribed by the Company. In this case, the Company may delete User ID etc. which User registered.


9.5 If a User registers for use of the Services again after he/she terminated the registration for use thereof, such User may not use User ID etc. which he/she registered before.


9.6 The Company may retain information about a User in accordance with Privacy Policy after such User terminates the registration for use of the Services; however, the Company shall not be liable to continue to retain such information.


9.7 If the Company suspends, discontinues and terminates a User’s use of the Services pursuant to Paragraph 1 through Paragraph 4 above, such User shall have no further right to use the Contents including the Paid contents and thereafter User may not use such Contents and Paid contents.


10. Provision and download of software

10.1 The Company grants to User a non-exclusive license to use the Software. User may use the Software only for the purpose of using the Services.


10.2 Intellectual Property Right in or to the Software shall be vested in the Company, and the Company prohibits User from reproducing, modifying, translating, adapting the Software, in whole or in part, creating a derivative work, and reverse engineering, reverse compiling or otherwise the Services, without the Company’s authorization.


10.3 The Company may, from time to time, change the type of hardware and software such as OS, which are corresponding to the Software. It is to be noted in advance that the Software cannot be used depending on User’s computer-mediated environment.


10.4 When User downloads the Software or access the Portalsite, the Company shall not make any warranty as to the results derived therefrom unless there is an apparent defect in the Software.


11. Ownership of Right

11.1 Any Intellectual Property Right in or to the Contents and the Software shall be vested in the Company.


11.2 User may, with the Company’s prior consent, use the Contents (including the creation of images, videos, texts, voices and other information to be used in the Contents) only for non-profit and academic purpose, other than for the purpose of using the Services.


11.3 When a User creates Processed Contents, he/she shall not infringe a third party’s right, and in the case of an infringement which results from his/her act, such User shall be fully liable therefor.


11.4 User agrees that he/she shall assign to the Company Intellectual Property Right in or to Processed Contents, which is vested in him/her (including rights defined in Sections 27 and 28 of the Copyright Act) and that he/she shall not exercise any moral right of author with respect to the use of the Company’s Processed Contents. However, in this case, User may use Processed Contents only for non-profit and academic purpose.


12. Disclaimer of Warranty; Exclusions

12.1 The Services, database, etc. are provided as they are when the Company has at the time of the provision thereof, and the Company makes no warranty as to the suitability for User’s computer-mediated way (including computer-mediated environment), the presence or absence of infringement of a third party’s right, and no fault, including, but not limited to, bug, interruption, information loss, communications line disturbance, etc.


12.2 The Company does not warrant that information which User can obtain through the Services (including the Contents) is true, correct, complete or up-to-date. User should, on his/her responsibility, judge the accuracy of information above.


12.3 In the Services, a link to a third party’s website, application, etc. may be displayed. The Company makes no warranty as to products and services displayed in such website etc., and the quality, reliability, etc. thereof, and shall not be liable therefor. User shall, on his/her responsibility, use such website etc.


13. Resolution of Disputes; Indemnification

13.1 The Company shall not be liable for a dispute arising between a User and another User or between a User and a third party, and such User shall, on his/her responsibility, resolve such dispute. A User shall indemnify the Company, another User and a third party from and against damages which may result from or relating to such dispute.


13.2 If a User infringes a third party’s right, such User shall be liable for monetary damages resulting therefrom, which the Company paid to such third party, and expenses associated therewith (including attorney’s fee).


13.3 A User may make a claim for damages which may result from or relating to his/her use of the Services only due to a reason attributable to the Company, against the Company. However, in this case, unless such damages occurred by the Company’s gross or intentional negligence, damages subject to indemnification shall be within the scope of damages which occurred directly and actually due to a reason attributable to the Company, and the maximum amount of damages to be indemnified shall be the aggregate amount which such User paid to the Company for the use of the Services.


13.4 The Company may make a claim for damages which may result from a User’s violation of these Terms of Use and Individual Regulations, against such User.


14. Confidentiality

14.1 User shall use Confidential Information disclosed by the Company only for the purpose of using the Services, and shall not disclose or divulge Confidential Information to a third party nor copy documents, recording media, etc. containing Confidential Information, without the Company’s prior written approval.


14.2 In the case of an order, requirement or request, etc. of a court or government agency, User may disclose Confidential Information only to such extent. However, User must promptly notify the Company of such order, requirement or request, etc.


14.3 Upon the Company’s request, User must promptly return or destroy documents, recording media, etc. containing Confidential Information, and copies thereof.


15. Term

These Terms of Use shall come into effect at the time a User registers for use of the Services and remain in full force and effect until the termination of such User’s registration for use thereof or the termination of the provision of Services, which comes earlier.


16. Communications and Notices

User shall give to the Company communications and notices such as inquiries by sending to e-mail address or using mail form posted on the website operated by the Company, and the Company shall give to User communications and notices, including, but not limited to, the revision of these Terms of Use and the response to inquiries etc., by sending to e-mail address which User inputs when registering for use of the Services and to contact address or number which it inputs when making an inquiry etc. above and by posting on the website above.


17. Transfer of Status under Terms of Use

The Company may transfer its status under these Terms of Use to another individual or corporation for the purpose of M&A, amalgamation, business assignment, etc., without User’s prior consent.


18. Severability

If any of the provisions of these Terms of Use is held conflicting with laws and regulations or held unenforceable even in the relationship with either party associated, such provision shall be deemed invalid to the extent held conflicting with such laws and regulations or held unenforceable, and the remaining provisions of these Terms of Use shall remain in full force and effect.


19. Surviving Provisions

The provisions of Article 5, Article 8, Article 9 though Article 14, Article 18 through Article 22 shall survive the termination hereof pursuant to Article 15.


20. Personal information

The Company shall handle appropriately User Information which User has input and registered, in accordance with the Company’s Privacy Policy


21. Resolution upon Consultation

In relation to the Services, any matters not set out in these Terms of Use and Individual Regulations or questions as to interpretation of provisions therein shall be resolved upon good faith consultation between User and the Company.


22. Governing Law; Court of Jurisdiction

These Terms of Use and Individual Regulations shall be governed by and construed in accordance with the laws of Japan. Any disputes arising from or relating to These Terms of Use and Individual Regulations shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.


As of May 1, 2020