Designtope Member Agreement
Article 1: Members' Agreement
This agreement made between Designtope Company Limited (hereinafter
called the "Designtope") and members who are prescribed
under Article V (hereinafter called the "members")
and their use of information services provided by Designtope.
Article 2: Scope of Agreement
2-1 Members shall agree at all times with the rules and
regulations prescribed by Designtope to the members as a part
of this agreement.
2-2 Members shall agree with the rules and regulations regarding
information services to which members are accessed as a part
of this agreement.
Article 3: Revision of Agreement
3-1 Designtope shall revise rules and regulations at all times
without prior notice to the members, and members shall agree
with the revision made.
3-2 Designtope may inform the revisions to the members through
the Designtope's Website. Members shall agree with the revisions
at the time when the revisions are made on the Website.
Article 4: Announcement made by Designtope
Designtope shall make announcements including Article III
to the members whenever they are required.
Article 5: Member
5-1 Designtope shall grant membership to those who have applied
and registered in accordance with Designtope's designated
procedure and to those who have acknowledged this agreement.
5-2 Members are expected to have agreed and read thoroughly
this agreement upon their registration of membership.
Article 6: Acceptance and termination of membership
6-1 An applicant hereto shall be deemed to be in default under
this agreement if such applicant:
(1) Has found that his/her membership was dismissed due to
the violation of this agreement.
(2) Has made a false application.
(3) Has not existed in reality.
(4) Has disrupted Designtope's Site operation.
(5) Has violated any of this agreement.
(6) Has been deemed by Designtope as an undesirable member.
6-2 Without a prior warning, Designtope shall disqualify temporally
or cancel his/her membership if the member has violated one
of the items listed on Article 5 (1) through (6).
6-3 Such members entitled on Article 5 (1) through (6) shall
perform payment of debts of such membership fees and other
debts incurred at termination, to Designtope.
6-4 Designtope discharge membership and shall charge the damage
made by members who have violated any of the items in Article
6.
Article 7. Notice of change
7-1 A member shall immediately inform Designtope of the change
of name, address, postal code, birth date and e-mail address
with which the member has registered with Designtope.
7-2 Designtope is not responsible for the disadvantage of
the members created by not informing the changes listed in
the Article VII items one.
Article 8: Withdrawal of membership or discontinuation
8-1 Members shall inform by the designated procedure to Designtope
by 20th of the month when they plan voluntarily to withdraw
or discontinue from the information services. Designtope shall
designate the date of withdrawal or discontinuation when Designtope
completes the process of termination.
8-2 Upon withdrawal or discontinuation, members shall not
request the reimbursement of membership fees that they had
paid already.
Article 9: Equipment and others
9-1 Members shall provide the telephone lines, communication
equipment, computers, and software, which are required to
receive information services.
Article 10: Members' confidential information
Designtope are responsible for not releasing such confidential
information as member's name, address, telephone number to
any third party, excluding the following conditions.
(1) With member's permission
(2) The disclosure of confidential information is required
by a request of legal authority.
(3) With the request of the government or of court
(4) With disclosure under anonymous names
(5) When the third party's assets or rights or the security
of life except members' are required to be protected.
(6) With other reasons that are categorized into the above
items (1) through (5)
Article 11: Copyrights
All copyrights in information services and contents on the
Designtope's Site shall remain the property of Designtope
and of the person who provides the information.
Article 12: Prohibition of copying and broadcasting
12-1 Using information services is restricted only to the
members.
12-2 Information obtained by Designtope's e-mail shall not
be re-transmitted to any third party except among the members.
E-mail addresses listed on the mailing address shall not be
used for an application of membership.
12-3 Articles, photographs, illustrations, drawings, graphs
and any form of contents supplied by the information services
shall not be copied, reprinted, changed, edited, rendered,
translated or transmitted for other purposes other than members'
private uses.
Article 13: Prohibition of selling rights
Members shall not market or lend the right of receiving
information services to any third party.
Article 14: Contents of information services and service fees
14-1 Designtope shall provide information services to the
members who have accepted this agreement.
14-2 Designtope specifies member fees, service fees of information
services and calculation method on a separate attachment.
Article 15: Change of service contents
Members shall agree with the changes made by Designtope
without prior notice to members on the contents of the Site
and the provision of information services.
Article 16: Liability of the contents
Designtope is not liable for the perfection, accuracy, dependability,
adaptability, application, and effectiveness of provided information.
Article 17: Temporary halt of services
Designtope is not liable for a temporal halt of Designtope's
Site or, of providing information services without prior notice
to the members due to the following circumstances:
(1) Routine system maintenance or emergency maintenance
(2) Fire or the malfunctions of the electrical supply causing
the halt of Site operations or of providing information services.
(3) The operations of the Site and of providing information
services are in default due to a natural disaster such as
earthquake, volcanic eruption, floods, or tidal wave.
(4) The Site operations and providing the information services
are in default due to war, revolution, riots, or labor dispute.
(5) Other operational, technical or marketing reasons that
suspend the operation of the Site and the provision of information
services.
Article 18: Closing the services
Designtope shall be able to cease the Site operations and
the provision of information services with a month prior notice.
Article 19: Immunity
Designtope shall not be liable for the damage made to members
or a third party due to the change of the contents, temporal
suspension or ceasing of services.
Article 20: Indemnity
Designtope shall be able to charge the equal amount of compensation
for the damage made to Designtope, incurred due to the members'
violation of this agreement or any illegal act against the
agreement.
Article 21: Miscellaneous Provisions
21-1 The materialization, enforcement, execution, and interpretation
of the agreement are subject to the Law of Japan.
21-2 All disputes or controversies arising between Designtope
and its members shall be subject to arbitration in accordance
with the Arbitration Court located at the registered address
of Designtope's headquarters.
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