Terms of Use

These Terms of Use (hereinafter referred to as the “Terms of Use”) This Terms and Conditions of Use (hereinafter referred to as the “Agreement”) is a part of the Foreign Language Pronunciation Certificate Association (hereinafter referred to as “the Association”), operated by Canyon Mind Co.,Ltd. (hereinafter referred to as the “Association”), which is operated by Canyon Mind Co.,Ltd. (hereinafter referred to as the “Association”) provides on this website. The following describes the terms and conditions of use of the service (hereinafter referred to as the “Service”) provided by the Association. Registered users (hereinafter referred to as “Users”) are required to comply with these Terms of Use. The registered users (hereinafter referred to as “Users”) are requested to use the Service in accordance with these Terms of Use, The Service shall be used by all registered users (hereinafter referred to as “Users”) in accordance with these Terms of Use.

Article 1 (Application)

  1. These Terms of Use shall apply to all relations between the user and the Society in relation to the use of the Service.
  2. In addition to these Terms of Use, the Society may establish various rules and regulations regarding the use of the Service (hereinafter referred to as “Individual Regulations”). These individual regulations may be referred to as “individual regulations. Regardless of the name by which these Individual Regulations are called, they shall constitute a part of these Terms of Use.
  3. In the event of any inconsistency between the provisions of the Terms and Conditions and the Individual Regulations set forth in the preceding paragraph, the provisions of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.

Article 2 (User Registration)

  1. The registration for use of the Service shall be completed when a prospective user agrees to the Terms of Use and applies for registration for use of the Service in the manner prescribed by the Society, and when the Society notifies the prospective user of its approval of the application.
  2. The Society may not approve the application if it determines that the applicant has any of the following reasons, and shall not be obliged to disclose the reasons for such denial. 
    (1) If the applicant has provided false information in the application for registration.
    (2) If the application is from a person who has violated these Terms of Use
    (3) In any other cases where the Society deems the registration of use to be inappropriate.

Article 3 (Management of User ID and Password)

  1. The User shall manage his/her user ID and password for the Service at his/her own risk.
  2. The User shall not, under any circumstances, transfer or lend his/her user ID and password to any third party, or share them with any third party. When a User logs in with a combination of User ID and password that matches the registered information, the Society shall deem the use of the Service to be by the User who has registered the User ID.
  3. The Society shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of the Society.

Article 4 (Usage Agreement)

  1. The service use agreement for this service shall be established when a user makes an application for service use to the Society and the Society notifies the user that the application has been accepted.
  2. The Society may terminate the Service Usage Agreement without prior notice to the User in any of the following cases
    1. if the user violates these Terms of Use
    2. when the Society recognizes that the relationship of trust between the user and the Society has been damaged
    3. the method of payment, withdrawal from membership, etc. for this service shall be determined separately by the Society.
  3. Once payment has been made for this service, no refunds will be made for any reason. If you do not cancel your membership by the end of each month, you will be automatically billed for the following month.

Article 5 (Intellectual Property Rights)

The copyrights or other intellectual property rights to illustrations, photographs, and other content (hereinafter referred to as “Content”) provided through this service are the property of the Association, Content providers, and other legitimate right holders, Users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission from the Society or the Content providers. The user may not reproduce, reprint, modify, or make any other secondary use of the contents without permission.

Article 6 (Prohibited Matters)

In using the Service, the User shall not engage in any of the following acts

  1. Acts that violate laws and regulations or public order and morals
  2. Acts related to criminal acts
  3. Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service
  4. Acts that destroy or interfere with the functioning of the Society’s server or network
  5. Commercial use of information obtained from the Service
  6. Acts that may interfere with the operation of the Society’s services.
  7. Any act to gain or attempt to gain unauthorized access.
  8. Collecting or accumulating personal information about other users.
  9. Act to impersonate other users.
  10. Providing benefits directly or indirectly to antisocial forces in relation to the Association’s services.
  11. Any other acts that the Association deems inappropriate.

Article 7
(Suspension of Provision of the Service, etc.)

  1. The Society may suspend or discontinue the Service, in whole or in part, without prior notice to the User, for any of the following reasons
    1. maintenance, inspection, or updating of the computer system related to the Service
    2. when provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
    3. when computers or telecommunication lines, etc. are stopped due to an accident
    4. In any other cases where the Society deems it difficult to provide the Service.
  2. The Society shall not be liable for any loss or damage incurred by the user or any third party due to the suspension or interruption of this service, regardless of the reason.

Article 8
(Restriction of Use and Cancellation of Registration)

  1. The Society may, without prior notice, restrict a User’s use of all or part of the Service or terminate the User’s registration if any of the following apply The Society may restrict your use of all or part of the Service or terminate your registration as a User without prior notice in any of the following cases: 
    1. if a user violates any of the provisions of these Terms of Use
    2. If any false information is found in the registration information
    3. If the credit card the User submitted as a means of payment is suspended.
    4. If the User defaults on payment of fees and other obligations
    5. if the User does not respond to communications from the Society for a certain period of time
    6. if the user has not used the service for a certain period of time since the last use of the service
    7. in any other cases where the Society deems the use of the Service to be inappropriate. 
  2. The Society shall not be liable for any damages incurred by the user as a result of actions taken by the Society in accordance with this Article.

Article 9 (Withdrawal from Membership)

The User may withdraw from the Service through the prescribed withdrawal procedure.

Article 10
(Disclaimer of Warranty and Disclaimer of Liability)

  1. The Society does not warrant that the Service is free from defects in fact or in law (including, but not limited to, defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights). The Society does not warrant that the Service will be free from defects (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or security).
  2. The Society shall not be liable for any damages incurred by users as a result of the Service. However, the Society shall not be liable for any loss or damage arising out of or in connection with the Service if the contract between the Society and the User (including this Terms of Use) is a consumer contract as defined in the Consumer Contract Act. However, this disclaimer shall not apply in the event that the contract between the Society and the User (including this Agreement) is a consumer contract as defined in the Consumer Contract Act, but even in such a case, the Society shall not be liable for any damage caused by the negligence of the Society (excluding gross negligence), default or tort. In no event shall the Society be liable for damages arising out of special circumstances (including cases where the Society or the User foresaw or could have foreseen the occurrence of such damages), or damages incurred by the User as a result of default or tort due to the negligence (excluding gross negligence) of the Society. The Society shall not be liable for any damage arising out of special circumstances (including cases where the Society or the User foresaw or could have foreseen the occurrence of damage).
  3. The Society is not responsible for any restrictions or stoppages in the use of the online content service if such restrictions or stoppages are caused by the user’s IT infrastructure, including the terminal used by the user.
  4. The Society shall not be liable for any transactions, communications, or disputes between the User and other Users or third parties in connection with the Service.

Article 11 (Change of Service Contents, etc.)

The Society may change the contents of the Service or discontinue providing the Service without notice to the User, The Society shall not be liable for any damages incurred by the User as a result of such changes or discontinuation.

Article 12 (Modification of Terms of Use)

The Society may change these Terms of Use at any time without notice to the User if it deems it necessary. In the event that a User starts to use the Service after the modification of these Terms of Use, such User shall be deemed to have agreed to the modified Terms of Use.

Article 13 (Handling of Personal Information)

The Society shall appropriately handle personal information obtained through the use of this service in accordance with the Society’s “Privacy Policy”.

Article 14 (Notification or Communication)

Notification or communication between the User and the Society shall be made by the method prescribed by the Society.
Unless the User notifies the Society of any change in his/her contact information in accordance with the method separately stipulated by the Society, the Society will assume that the contact information currently registered with the Society is valid and will send notifications or communications to such contact information. The Society will send notices or communications to such contact, and such notices or communications will be deemed to have reached the user at the time they are sent.

Article 15
(Prohibition of Assignment of Rights and Obligations)

The User may not transfer or offer as security his/her position under the Service Agreement or his/her rights or obligations under this Agreement to any third party without the prior written consent of the Society.

Article 16 (Governing Law and Jurisdiction)

  1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
  2. In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the head office of the Association shall be the court of exclusive jurisdiction.

The end