In these Terms and Conditions, the following words and phrases shall bear the following meanings:
'MATSUBA-PIECES' is a product owned by Takao Matsuba.
'MATSUBA-PIECES Website' is a service provided by Dunksoft Co., Ltd.
'Material' means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on the 'MATSUBA-PIECES' Website, whether copyright of 'MATSUBA-PIECES'.
'MATSUBA-PIECES' is a product owned by Takao Matsuba.
'MATSUBA-PIECES Website' is a service provided by Dunksoft Co., Ltd.
'Material' means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on the 'MATSUBA-PIECES' Website, whether copyright of 'MATSUBA-PIECES'.
Introduction
1. By accessing or using any 'MATSUBA-PIECES' Website the User acknowledges and agrees to be bound by these Terms and Conditions.
2. The User agrees to fully comply with these Terms and Conditions, including the acceptance of liability as detailed in clauses 3,4 and 10.
3. The User shall indemnify 'MATSUBA-PIECES' against any unauthorized use of his/her user name and password, including use by a third party where the User has allowed or facilitated that third party to have access to any Material, however so received.
4. The User shall indemnify 'MATSUBA-PIECES' against all costs, claims, demands or expenses incurred by or made against 'MATSUBA-PIECES' or 'MATSUBA-PIECES' Website as a result of any breach of these Terms and Conditions or howsoever arising.
Access to 'MATSUBA-PIECES' Website
5. The User undertakes not to seek to pass its self off as another user.
6. 'MATSUBA-PIECES' reserves the right to prohibit access by person(s) to 'MATSUBA-PIECES' Website at its sole discretion at which time the agreement will terminate.
Conditions Of Use
7. Subject to clause 17 the User may download the Material electronically, print extracts and make copies of these for its own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing the Material, or extracts from it, in a structured manner or creating a database in any form comprising all or part of the Material.
8. The submission of Material by the User is on the following terms:
8.1 The User grants 'MATSUBA-PIECES' a non-exclusive, non-transferable, perpetual, royalty-free, worldwide license to publish or use the Material in any format, including in other products of 'MATSUBA-PIECES'. The license shall include the right for any Users to take actions in accordance with clause 7.
8.3 The User warrants to 'MATSUBA-PIECES' that the Material submitted is not obscene, offensive, defamatory of any person or otherwise illegal.
8.4 'MATSUBA-PIECES' at its sole discretion reserves the right to not publish the Material in part or whole, make additions or deletions to, edit, crop or arrange the Material prior to publication. 'MATSUBA-PIECES' may do so without giving any reason but the User should note that Material that is off-topic or unnecessarily antagonistic is likely to be rejected. All comments are moderated before publication.
8.5 'MATSUBA-PIECES' shall make no payment for Material submitted and used under these Terms and Conditions.
Data Protection And Privacy Policy
9. 'MATSUBA-PIECES' takes the privacy of its Users seriously. It is committed to safeguarding the privacy of its Users. Please refer to 'MATSUBA-PIECES''s Privacy Policy.
Liability
10. The User acknowledges that any breach of clause 8 may cause damage or loss to 'MATSUBA-PIECES' and agrees to indemnify 'MATSUBA-PIECES' in full against any third party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of publishing Material submitted.
11. To the extent permitted by law 'MATSUBA-PIECES', its agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by the User (whether arising in tort, contract or otherwise, and whether arising from the negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of 'MATSUBA-PIECES' Website or from the negligence of its employees or agents or licensors, and whether asserted against 'MATSUBA-PIECES', 'MATSUBA-PIECES' Website or against any third party in relation to its use.
12. 'MATSUBA-PIECES' does not make any representation or give any warranty, either express or implied:
12.1 in relation to any information, goods or services offered, accessed or obtained through The 'MATSUBA-PIECES' Website;
12.2 in relation to warrantees of title, non infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;
12.3 for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which 'MATSUBA-PIECES' has no control;
12.4 as to the suitability of the information and data on 'MATSUBA-PIECES' Website for any particular purpose;
12.5 that the information and data on 'MATSUBA-PIECES' Website site is free of infection by computer viruses or other contamination.
13. 'MATSUBA-PIECES' and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to 'MATSUBA-PIECES' Website.
14. 'MATSUBA-PIECES' Website does not purport to provide advice. 'MATSUBA-PIECES' is not responsible for Users taking or refraining from taking actions on the basis of information provided by 'MATSUBA-PIECES' Website.
15. Although every care is taken in the preparation of information supplied by 'MATSUBA-PIECES' Website, 'MATSUBA-PIECES' is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in 'MATSUBA-PIECES' Website.
Trade Marks And Intellectual Property
16. All rights in, 'MATSUBA-PIECES' Website", and other marks owned by Takao Matsuba are reserved.
17. All Material other than submitted by Users on 'MATSUBA-PIECES' Website is property of 'MATSUBA-PIECES'. Reproduction without 'MATSUBA-PIECES''s permission is prohibited. For such permission Users should e-Mail Roberto@dunksoft.com
Miscellaneous
18. Users who wish to advertise on 'MATSUBA-PIECES' Website should email Roberto@dunksoft.com.
19. 'MATSUBA-PIECES' reserves the right to remove, alter, change or vary 'MATSUBA-PIECES' Website at any time without notice.
20. 'MATSUBA-PIECES' shall endeavor to provide constant, uninterrupted access to 'MATSUBA-PIECES' Website but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.
Applicable Law and Jurisdiction
21. The provision of 'MATSUBA-PIECES' Website is governed by the Laws of Japan and shall be subject to the jurisdiction of the Japanese courts.
Variation
22. 'MATSUBA-PIECES' reserves the right to vary or amend these Terms and Conditions at any time without notice. Users should review these Terms and Conditions regularly as Users will be deemed to have accepted a variation in continuing to use the site after it has been posted.