The following terms and conditions govern all use of the apn-gcr.org website and all content, components, services and products available at or through the website, including, but not limited to, the APN main site (www.apn-gcr.org and ja.apn-gcr.org), the APNIS (www.apn-gcr.org/apnis), and the APN Mailing List. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Website by APN (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by APN, acceptance is expressly limited to these terms.
1. Your apn-gcr.org Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and APN may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause APN liability. You must immediately notify APN of any unauthorized uses of your account or any other breaches of security. APN will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate an account, comment on a page, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo or video. By submitting Content to APN, you grant APN a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Content.
Without limiting any of those representations or warranties, APN has the right (though not the obligation) to, in APN’s sole discretion (i) refuse or remove any content that, in APN’s reasonable opinion, violates any APN policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in APN’s sole discretion.
3. Responsibility of Website Visitors. APN has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, APN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate. The Website may contain content that is objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. APN disclaims any responsibility for any harm resulting from the use by visitors of the Website.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which apn-gcr.org links, and that link to apn-gcr.org. APN does not have any control over those non-APN websites and webpages, and is not responsible for their contents or their use. By linking to a non-APN website or webpage, APN does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. APN disclaims any responsibility for any harm resulting from your use of non-APN websites and webpages.
5. Copyright Infringement Policy. As APN asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by apn-gcr.org violates your copyright, you are encouraged to notify APN and APN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. APN will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of APN or others. In the case of such termination, APN will have no obligation to provide a refund of any amounts previously paid to APN.
6. Intellectual Property. This Agreement does not transfer from APN to you any APN or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with APN. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any APN or third-party trademarks.
7. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our Website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using apn-gcr.org within the designated notice period. Your continued use of apn-gcr.org will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
8. APN may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your apn-gcr.org account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided “as is”. APN hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of non-infringement. APN does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will APN be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. APN shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. You agree to indemnify and hold harmless APN and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
13. These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
14. This Agreement constitutes the entire agreement between APN and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of APN, or by the posting by APN of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Japan and the proper venue for any disputes arising out of or relating to any of the same will be courts located in Japan. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; APN may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.