Asmart Terms of Use

1. The User will be treated as having approved these Terms of Use at the time he or she has used the Service. However, any use by a User of services provided on a website operated by another company that is linked to the Website in the course of using the Service is subject to the provisions of the terms of use of that website and other standard terms and conditions of that other company rather than these Terms of Use.

2. The User will be treated as having approved the Privacy Policy displayed by the Company on the Website.

1. The Service constitutes a “standard transaction” prescribed in Article 548-2, paragraph (1) of the Civil Code of Japan and these Terms of Use constitute a “standard form contract” prescribed in that paragraph. The Company may amend these Terms of Use without notice to the User under the provisions of Article 548-4 of the Civil Code of Japan by making (1) the fact that these Terms of Use are to be revised, (2) the contents of these Terms of Use after the amendment, and (3) the timing of that amendment taking effect known on the Website or by another appropriate method.

2. If any amendments in the preceding paragraph will have a significant impact on the Users, the Company shall notify the Users within a reasonable period in advance.

1. A User must approve these Terms of Use and make an application under these Terms of Use to use the Service.

2. A User may not use the Service without registering (the “Membership Registration,” and the User that is registered as under these Terms of Use the “Member”) his or her e-mail address (“A!-ID”) and password under these Terms of Use in accordance with the procedures prescribed by the Company. However, if a User use only a part of the Service designated by the Company, the User may use the Service even if the User does not register the Membership Registration, or an A!-ID under the A!-ID Service Terms of Use. There is no charge for registering an A!-ID under the A!-ID Service Terms of Use. A User who has registered his or her A!-ID and password under the A!-ID Service Terms of Use (the registration as a member under the A!-ID Service Terms of Use is for free, and the User that is registered as under the A!-ID Service Terms of Use the “A!-ID Member”) will be treated as having approved the A!-ID Service Terms of Use.

3. If the Company judges that any of the following items applies to a User, it will not approve use of the Service by that User or it will retain the right to revoke that approval even after it has given that approval:

(1) If the User makes an application for use with an error or omission or otherwise makes an application by a method not prescribed by the Company and indicated on the Website;

(2) If the User makes an application for use of the Service for the purpose of transferring or reselling his or her right to use the Service (including the right to view the Goods) to a third party or it is believed that is likely;

(3) If the User belongs to an organized crime group, an enterprise or group related to an organized crime group, or another antisocial organization or if it is reasonably judged that the User is an organized crime group member or a person who has a close relationship with any such person;

(4) If it is reasonably judged that the User is a person who is designated as being subject to economic sanctions by the Japanese government or a foreign government, a person who is a resident of a country or region that is designated as being subject to economic sanctions by the Japanese government or a foreign government, or a person who has a close relationship with any such person;

(5) If the User does not exist or it is suspected the applicant does not exist;

(6) If it is found that that User has committed an act that was in violation of terms of use stipulated by the Company in the past;

(7) If it is found that that User has delayed or otherwise defaulted in the performance of his or her obligations in the past in relation to the use of this Service or other services provided by the Company;

(8) If there is a false statement in the contents of the application; or

(9) If the Company judges that the application by the User is otherwise inappropriate.

4. When using the Service, the User will be treated as having agreed in advance that he or she might not be able to use all or part of the Service because of restrictions due to the location of the user or other conditions.

5. To use the Service as a Member, a User must log in to the Website with his or her registered A!-ID and password.

6. Each User must manage and use his or her registered A!-ID and password at his or her own risk and expense. Use of the Service using a registered A!-ID and password will be treated as use of the Service by the member who has registered that A!-ID and password. The Company is not responsible for the management and use of A!-IDs and passwords by Users.

7. If there is any change in the registered information, the User may change that in accordance with the prescribed procedures, as long as the Company approves that change. The Company will not be liable in any way if a User does not receive a delivery of Goods, misses an opportunity to receive provision of the Service, or otherwise suffers damage or is disadvantaged as a result of a failure to carry out prescribed procedures.

8. If the Company requests a User to submit materials to confirm registered matters, that User shall respond to that request within the period specified by the Company.

9. Each User must use the Service in accordance with these Terms of Use and precautions or instructions stipulated by the Company and displayed on the Website.

10. Each User must use the Service at his or her own responsibility and expense in accordance with these Terms of Use and must not cause any damage or inconvenience to the Company with respect to any act conducted by a User in connection with the use of the Service and the outcome of that act.

11. The User may use the registered A!-ID and password and all rights under these Terms of Use (including the right to view the Goods) only for him or herself and may not transfer any of those rights to a third party, create a security interest over those rights, or allow a third party to use or inherit those rights regardless of whether that is for a fee or without charge.

12. If the User is a minor, the consent of a custodian of his or her interests such as a person with parental authority or a guardian (“Guardian, etc.”) is required when that User uses the Service, and it will be deemed that the consent of a Guardian, etc. under the laws applicable to that User has been obtained at the time of the application for use by that User. In that case, the Guardian, etc. will be deemed to have consented, as at the application for the Service, to the contents of these Terms of Use and the use of the Service.

13. The Company shall notify each User of the necessary matters regarding the Service by displaying them on the Website or by another method considered appropriate by the Company, and it will be deemed that the Company has notified the Users of the necessary matters by that method.

14. A Member may strike the Membership Registration from the Service (“Withdrawal”) at any time by following the procedures prescribed by the Company.

15. If a Member loses his or her status as a Member (including his or her Withdrawal; hereinafter the same), that Member will no longer be able to use any of the services as a Member, including viewing Goods displayed on the Website based on the Service, viewing the order history and delivery status of Goods, and making new purchases of Goods based on the Service; provided, however, that even if the date of delivery of Goods is after the date on which the Member loses his or her status as a Member, the Company shall deliver the Goods if the date of purchase of the Goods by the User is before the date on which that User lost his or her status as a Member. Even if a Member loses his or her status as a Member based on these Terms of Use, that User will not lose his or her status as a A!-ID Member under the A!-ID Service Terms of Use until he or she completes the withdrawal procedures under the A!-ID Service Terms of Use.

1. When using the Service, each User must pay, in accordance with the conditions set out on the Website, the purchase price of Goods, shipping charges specified by the Company, fees and charges (if payment of those is necessary), and an amount equivalent to consumption tax thereon (if applicable) (the total of those amounts, the “Usage Fees”). Further, each User must bear all expenses, including communications charges, that separately arise in the course of using the Service.

2. When purchasing Goods, the User must designate one of the payment methods displayed on the Website including “credit card,” “convenience store/online payment (advance payment),” “GMO payment after delivery,” “D payment,” “au Simple Payment,” “PayPay,” “Paypal,” or “payment on delivery” for the payment of Usage Fees by a method prescribed by the Company and that User must pay the Usage Fees in accordance with the designated payment method. Some of the payment methods of the Usage Fees indicated on the Website cannot be used by some Users depending on their place of location or their registered information.

3. If a User is able to choose to pay the Usage Fees by credit card, that User will be subject to the provisions of a contract separately executed with a credit card company or clearing house designated by the User, and the Company will not be liable in any way for that payment.

4. If a User has designated credit card payment and the designated credit card company informs the Company that that User’s credit card is in default, the Company may request the User to make that payment by another payment method.

5. If a User is able to designate payment of the Usage Fees through a convenience store, it will be deemed that the User gives consent in advance that it will be necessary to register the name and telephone number of that User for convenience store payments separately from the use of the Service. The information that is registered for convenience store payments will be used only for those convenience store payments, and the Company will not use that information for the operation of the Service.

6. The Company might add or change the payment methods set forth in paragraph 1 of this Article. In that case, the Company will notify the Users by displaying that addition or change on the Website.

1. A!-POINT is a points service provided by the Company or a third party affiliated with the Company (the “Points Service”). The Points Service can be used on the Website and at “A!-POINT” participating sites (collectively, “Designated Sites”). Points awarded through the Points Service are hereinafter referred to as “Points.”

2. The Service is subject to the Points Service, and the Website falls under the Designated Sites. An outline of the Points Service and the provisions regarding the Points Service are in accordance with the A!-ID Service Terms of Use separately stipulated by the Company.

3. The Company will award Points when a Member purchases Goods under the conditions and using a method specified by the Company based on the Service and in other cases considered appropriate by the Company. A Member may use Points awarded under the Service at Designated Sites.

4. Purchases of Goods that are eligible to receive Points (“Eligible Transactions”), the rate of Points awarded, the method of using the Points, and any other conditions and methods of awarding and using the Points will be displayed on the Designated Sites.

5. Points will be awarded after a certain period has passed after an Eligible Transaction has been conducted. If cases such as where an Eligible Transaction is cancelled before Points are awarded, the Company will not award Points to the Member for that Eligible Transaction. Further, if there is a change in the Usage Fees of an Eligible Transaction, the Company will award Points to the Member according to the amount after that change.

6. A User may not transfer, lend, or bequeath his or her Points to a third party (including another User) and may not share his or her Points with any such person.

7. Even if a User has more than one A!-ID, that User may not combine the Points he or she has in each A!-ID.

8. Users may not redeem their points for cash.

9. Even after the Company has awarded Points to a Member, the Company may cancel the Points awarded to that Member for an Eligible Transaction if that transaction is cancelled or if there is any other reason where the Company considers it appropriate to cancel the Points awarded to the Member.

10. The Company may cancel all or some of the Points held by a User without prior notice to the User if any of the following events occurs:

(1) If the User has violated or is in violation of any rules, precautions, etc. (including these Terms of Use) set forth by the Company with respect to the Service or any other service provided by the Company;

(2) If it is found that the User has been or is in default, delay in performance, or other default of an obligation to pay Usage Fees in relation to the Service or any other service provided by the Company;

(3) If the User has conducted any illegal or improper act; or

(4) In any other case where the Company deems that that cancellation is appropriate.

11. If the User does not use the points after validity period of the Points prescribed by the Company after those Points have been awarded by the Company, those Points will automatically expire.

12. The Company will not provide compensation to any User for Points that have been cancelled or lost and the Company will not be liable in any way for those cancelled or lost Points.

13. Only the User him or herself can use the Points that have been granted to that User, and a third party other than that User may not use the Points.

14. If the A!-ID and password entered at the time of using Points match the registered combination, the Company will treat the use of those Points as the use of the Points by the User whose A!-ID and password are registered as the registered information. In that case, even if Points are used by a third party without authorization, the Company will not be obligated to return the Points that have been used and will not be liable for any damage incurred by the User who was granted those Points.

15. If an accident occurs where the delivery of Goods purchased by a User is delayed or where such Goods are lost, stolen, or damaged during transit or after delivery, the Company will not be obligated to reimburse the Points and will not be liable in any way for damage incurred by the User unless that accident is due to willful misconduct or gross negligence by the Company.

16. If a User loses his or her status as a Member, it will be deemed that that User has approved in advance that he or she will lose all Points in his or her possession and Points he or she has obtained based on the Service and all other rights and qualifications he or she has obtained in relation to the Points Service based on the use of the Service.

17. The Company might make changes to the Points Service (including discontinuation of the Points Service, suspension of awarding of Points, changes to or discontinuation of Designated Sites or Eligible Transactions, or changes to the rate of Points awarded or method of use of Points) based on laws and regulations and the A!-ID Service Terms of Use separately stipulated by the Company, and the Users will be treated as having given prior approval to any such change.

18. The Company will not be liable for any disadvantage or damage incurred by a User due to a change in the preceding paragraph.

1. When purchasing Goods, the User must specify the address or location registered as the delivery address of the Goods, an e-mail address, and any other delivery location and delivery method in accordance with the method prescribed by the Company. If the Company uses a delivery company to deliver the Goods, it shall designate that delivery company and deliver the Goods to the delivery address designated by the User by a courier service or another delivery method. However, please note that the delivery address for some Goods that can be purchased based on the Service might be limited to Japan.

2. The User shall bear the shipping charges and customs duties (if customs duties are incurred when the goods are delivered outside Japan) incurred when the Company delivers the Goods to the User.

3. The Company will notify the User by e-mail when it has started the delivery of the Goods.

4. If the delivery company specified in paragraph 1 of this Article sends the Goods to the designated delivery address, but the goods are not received because delivery is refused, the delivery address is unknown or because the storage period specified by the delivery company has passed (in this paragraph and the next paragraph, collectively, “Non-Delivery of Goods”), it will be deemed that the Company has provided performance of the obligation to deliver the Goods based on the sales contract and the Company will not be liable for any default on an obligation owed to a User. In that case, it will be sufficient for the Company to keep custody of the Goods with the same duty of care as for its own property, and the User shall bear any increase in costs associated with the Company keeping custody of the Goods. In addition, if the User designated an address or location other than his or her residence or temporary location as the delivery address of the Goods, and there is a Non-Delivery of Goods, the Company may, at its own discretion, elect to resend the Goods to his or her registered residence or temporary location at his or her expense. Furthermore, if the delivery address of the Goods designated by a User is outside of Japan and there is a Non-Delivery of Goods, the Company may, at its own discretion, elect not to have custody of the Goods by deeming that the User has cancelled this Agreement for his or her own reasons, and in that case, the Company will not be obligated to return the Usage Fees of the Goods to the User.

5. In the case of a Non-Delivery of Goods, if the Goods are not received by the User within a reasonable period despite a notice from the Company, the Company may cancel the sales contract for those Goods in accordance with Article 8.1(1) of these Terms of Use and demand compensation from the User for damage incurred by the Company.

6. If the Goods are not delivered due to the absence of the User on the date of delivery or for a similar reason, the User shall be responsible to make the necessary arrangements to receive the Goods.

7. Except as provided in the following paragraph, if a User pays Usage Fees by payment at a convenience store, the Company shall commence delivery of the Goods within ten days after confirming the receipt of the payment, if a User pays Usage Fees by credit card, the Company shall commence delivery of the Goods within ten days after it receives notice of approval from the credit card company, and if the User makes that payment by any other method, the Company shall commence delivery of the Goods within ten days after receiving notice to the e-mail address set out in the second sentence of Article 6.1. However, with respect to certain Goods, such as reserved Goods, the Company shall commence delivery of that Goods in accordance with the date of commencement of delivery of them displayed on the Website.

8. The Company might not be able to start the delivery of Goods within ten days after the confirmation of payment of the Usage Fees due to any of the following reasons, and it will be deemed that the User has agreed to that in advance:

(1) If the Goods are temporarily out of stock;

(2) If the registered details at the time of order is incomplete (including an omission of required information, incorrect information, or excessive or insufficient charges);

(3) In the event of a force majeure, including a power failure, war, natural disaster, torrential downpour of rain or snow, terrorism, spread of an infectious disease, or circumstances at the location where the product is to be delivered, or other circumstances beyond the control of the Company;

(4) If delivery is delayed due to circumstances that are attributable to the delivery company; or

(5) If delivery is to start during consecutive holidays such as the year-end and new-year holidays and Golden Week.

9. Ownership of the Goods will transfer from the Company to the User upon receipt of the Goods by the User; provided, however, that in the case of payment by credit card, the User will be subject to the conditions separately executed with the credit card company.

10. The Company will not be liable for any damage or disadvantage incurred by the User due to a delay in the delivery of Goods to the User unless that is due to willful misconduct or gross negligence by the Company.

1. If any of the following events occurs after the conclusion of a sales contract, the Company may cancel that sales contract by giving notice to the User who placed the order:

(1) If the Company is unable to deliver the Goods within the period prescribed by the Company because the delivery address is unknown or the User is absent;

(2) If it is found that there is a false fact in the registered information;

(3) If a User fails to pay any Usage Fees within the period specified by the Company;

(4) If the credit card company’s approval is not obtained when the User has specified credit card payment;

(5) If the User is contacted by the Company (meaning contacting the User at the email address or other contact details registered by the User) regarding the purchase conditions of the Goods (including payment of the Usage Fees and delivery of the Goods), and the Company does not receive a required response from the User within 14 days;

(6) If it becomes impossible to deliver the Goods due to reasons beyond the control of the Company such as the manufacturer or supplier discontinuing production of the Goods; or

(7) If it is found that that User has committed an act that is in violation of these Terms of Use.

2. Notwithstanding the provisions of the preceding paragraph, if the User commits a wrongful act such as violating these Terms of Use or any other terms, rules, or precautions stipulated by the Company in relation to the use of the Service, the Company may cancel the sales contract with that User.

1. After a sales contract has been concluded, the User may not change the Goods to other Goods, change the specifications, or cancel the sales contract for his or her own reason; provided, however, that this does not apply to the cases specified in the following paragraph and paragraph 3 of this Article.

2. A User may cancel a Sales Contract after the conclusion of that Sales Contract only within the cancellation period prescribed by the Company, which is displayed on the Website.

3. After receiving the Goods, the User shall check the Goods for damage, deterioration, or defects without delay, and if any of the Goods are found to be damaged, deteriorated, or defective, the User shall contact the Company within 30 days after receiving the Goods. If it is found the Goods are damaged, have deteriorated, or are defective due to a reason that is attributable to the Company, the Company shall replace the Goods with new Goods free of charge. In that case, if there is stock available for exchange, the User may not withdraw or cancel the sales contract and may only exchange the Goods; provided, however, that if the Company is unable to deliver new exchangeable Goods because they are out of stock or due to another unavoidable reason, the Company will cancel the sales contract and refund the User in exchange for delivery of the Goods based on the delivery location and delivery method specified by the Company. The Company shall bear the shipping costs for the delivery of the Goods under this paragraph.

4. If the Company uses a delivery company to exchange Goods in accordance with the preceding paragraph, it will be deemed that the User has agreed in advance that the Company might, at its discretion, deliver and exchange new Goods or the Company might deliver and exchange new Goods to the User after the User has returned the Goods based on the delivery location and delivery method specified by the Company.

5. Notwithstanding the provisions of paragraph 3 of this Article, the Company will not accept exchanges or returns if the Goods are damaged or soiled for reasons attributable to the User or the User has used the Goods.

6. If any Goods sold under the Service are damaged, deteriorated, or defective, the User will have no rights other than the right to receive a replacement or refund as set forth in paragraph 3 (including the right to request a replacement, the right to request a reduction in the price, and the right to cancel the sales contract).

A User may not conduct any act set out in the following items or any act that is likely to constitute any of those acts when using the Service or after use of the Service is complete:

(1) Selling at an auction, reselling to a third party at a ticket shop or other location (including online shop), transferring, lending, creating a pledge or other security interest over, or duplicating, reproducing, or redistributing without authorization a ticket sold by the Company (not limited to tickets to view Goods that have been sold based on the Service), any Goods produced in connection with the Service, or any other right based on the User’s status as a User regardless of whether that is for a fee or without charge;

(2) Allowing unspecified or many people to use the Service, regardless of whether that is for a fee or without charge, and regardless of the means by which that is allowed;

(3) Allowing another person to use the Service for profit, regardless of whether that is for unspecified or many people;

(4) Using the Service by using information registered by a third party as information that is necessary for use of the Service;

(5) Allowing information necessary for use of the Service to be disclosed or provided to another person or disclosing or providing that information to another person regardless of whether that is for a fee or without charge and regardless of the means by which that information is disclosed or provided;

(6) Deleting, altering, diverting, invalidating, obstructing, or avoiding any indication related to a copyright, trademark, or other right related to the Website and the Goods, digital rights management (DRM) related to the Website and the Goods, any means for the protection of contents, or any means for access control (including a geo-filtering mechanism);

(7) Conducting an act to infringe any rights related to the Website and the Goods by copying, downloading, stream capturing, reproducing, duplicating, archiving, distributing, making publicly transmittable, uploading, disclosing, altering, modifying, translating, broadcasting, displaying, selling, transmitting, or retransmitting the Website or the Goods or conducting an act that otherwise infringes any rights related to the Website and the Goods;

(8) Unlawfully embedding or embedding without authorization the Website and the Goods (including a capture of the Website or any Goods) in hardware or software or streaming or retransmitting contents distributed on the Website and Goods using that hardware or software, or conducting any act that makes it possible to use those contents or Goods with frames or inline links;

(9) Conducting an act to prepare, reproduce, distribute, or advertise an index with respect to an important part of the Website and the Goods;

(10) Conducting an act to infringe any rights related to the Website and the Goods by developing derivative works of the Website and the Goods and materials (including montages, mashups and similar videos, wallpapers, desktop themes, greeting cards, and other products) in reliance on, derived from, or based on the Website and the Goods (including providing materials that are derivative works free of charge);

(11) Accessing the Company’s network or server without authorization, conducting an act that puts an unreasonable or excessive burden on the Company’s network or server, or conducting any similar act;

(12) Installing or executing a virus or other program or file in an information terminal, network device, or system managed by the Company or a third party that inhibits the proper operation of that information terminal, network device, or system, interferes with or controls the operation of that information terminal, network device, or system, or accesses, obtains, or damages data;

(13) Conducting any business using the Service;

(14) Conducting any act related to the use of the Service that is sexually, obscenely, violently, insultingly, or otherwise offensive towards the Company or a third party other than a User (including another User) or that violates public policy;

(15) Conducting an act that infringes on or damages a copyright, trademark, other property right, likeness right, privacy, reputation, credibility, or other right of a third party other than the Company or the User (including another User), or the Company;

(16) Conducting any other act that is or is likely to be in violation of these Terms of Use, the A!-ID Service Terms of Use, or any other rules or precautions stipulated by the Company; and

(17) Conducting any other act that the Company considers inappropriate.

The Company reserves the right to terminate or restrict the use of the Service or access to the contents distributed on the Website or Goods by a User or to rescind the A!-ID registration or the use of the Service by a User at any time without giving prior notice and without owing any liability if that User conducts an act that is in violation of these Terms of Use or any other rules established by the Company or that the Company considers inappropriate.

1. The Company might temporarily discontinue or suspend the provision of the Service by giving prior notice to the Users on the Website or by another method considered appropriate by the Company due to system maintenance, an inspection, or a similar reason.

2. The Company might temporarily suspend or cancel the provision of the Service without notification if a system malfunction occurs or another unexpected situation arises due to a natural disaster, power failure, interference by a third party, or other similar event.

3. The Company might discontinue the Service. In that case, the Company will notify the Users as in advance as possible on the Website or by another method considered appropriate by the Company.

1. All writing, logo, compositions, audio (including songs), images, portraits (including pictures and illustrations), and other data related to the Service and the Goods and provided through the Website and all rights including copyrights, trademarks, likeness rights, and publicity rights related to the Website and the Goods belong to the Company or a third party that holds those rights.

2. A User may not use or disclose any information, including copyrighted works, provided through the Service beyond the scope permitted by the Copyright Act and other laws and regulations without the consent of the rights holder. If an issue arises related to the infringement of a copyright or other rights in violation of the provisions of this Article, the User shall resolve that issue at his or her own expense and responsibility and shall not cause any damage or inconvenience to the Company.

1. The Company might disclose personal information to a business partner, partner company, or subcontractor that has executed a confidentiality agreement with the Company for the purpose of executing the Service (including delivering Goods, inquiries to settlement credit card companies, receiving applications for the use of the Service, and refund operations).

2. The Company manages personal information registered by the User in accordance with the Privacy Policy stipulated by the Company on its official website. The same applies even if the User is located outside of Japan.

1. If the Company (including a group company of the Company) or a third party (including another User) incurs damage in connection with the use of the Service due to an event that is attributable to a User, that User must provide compensation for that damage.

2. If a User receives a complaint or claim from a third party (including another User) in connection with the use of the Service or a dispute arises between a User and a third party (including another User), that User must resolve that matter at his or her own responsibility and expense.

1. The Company hereby expressly makes the following disclaimers:

(1) The Company does not owe an obligation to refund any Usage Fees received as consideration for using the Service or for the Goods even if the User was not able to use the Service or receive delivery of the Goods unless that is due to the willful misconduct or gross negligence of the Company;

(2) The Company does not explicitly or implicitly represent or warrant that there is no factual or legal defect (including any defect, error, bug, or infringement of rights related to safety, reliability, accuracy, completeness, efficacy, fitness for a particular purpose, or security) in the Service or the Goods;

(3) The Company does not owe an obligation to repair a defect in (2) above and provide to the Users the Service;

(4) The Company might temporarily suspend, discontinue, or change the provision of the Service at its discretion without giving prior notice to the Users, and each User is treated as having agreed that in advance;

(5) The Company will not be liable with respect to any damage or loss incurred by a User due to a temporary suspension, discontinuation, or change to the provision of the Service under (4) above;

(6) The Company will not be liable to any User with respect to any damage incurred by that User in connection with the use of the Service, damage suffered by that User due to unauthorized access by a third party to any equipment or system necessary for the provision of the Service, the temporary suspension or a restriction on use of the Service, or an amendment to these Terms of Use or cancellation of a contract, or damage suffered by that User due to a dispute between that User and a third party unless that is due to the willful misconduct or gross negligence of the Company; and

(7) The Company will not be liable in any way if it is unable to provide the Service due to a power failure, war, natural disaster, torrential downpour of rain or snow, terrorism, cyberterrorism, spread of an infectious disease, bug in a computer or network, or other event that is out of the control of the Company.

2. If the Company owes damages to a User in connection with the Service, the scope of those damages will be limited to the scope of direct and ordinary damage actually incurred by that User, and the Company will not be liable for any lost earnings, special damage, collateral damage, indirect damage, or other expanded damage regardless of whether that was foreseeable by the Company, and the maximum amount of compensation for which the Company is liable will be the amount of the Usage Fees.

Even if any provision of this Agreement is held invalid by a court of law or other dispute resolution body, the remaining provisions will not be affected and will remain in effect.

An English translation of these Terms of Use has been prepared and the utmost care has been exercised to ensure that the English version is an accurate translation of the Japanese version, which is the original version, but the English translation is merely for reference purposes for the Users, and if there is any discrepancy between the Japanese version, which is the original version, and the English translation, the contents of the Japanese version shall prevail.