Terms of use
These Terms of Use (hereinafter referred to as the "Terms of Use") These Terms of Use (hereinafter referred to as the "Terms") apply to the website operated by BrainEnergy, Inc. (hereinafter referred to as "BrainEnergy"), a company that operates the website whose domain is 「
https://brainenergy.jp
」 (hereinafter referred to as the "Company's website"). (hereinafter referred to as the "Company"), the services provided by the Company on the website with the domain "" (hereinafter referred to as the "Company's Website") The Company shall not be liable for any damages arising out of the use of the Service (hereinafter referred to as the "Registered User"). The Terms of Use stipulate the rights and obligations between the Company and the individual or corporation that registers as a user of the Service ("Registered User") under the Terms of Use. In order to use the Service, you must read and agree to these Terms of Use in their entirety.
These Terms of Use may be changed at any time without prior notice at the discretion of the Company, and the Company reserves the right to change the contents of the services provided and to suspend or discontinue the provision of services for any reason at the Company's discretion without prior notice. In the event of any modification of the TOS, we shall notify the registered user of such modification, and the registered user shall be deemed to have agreed to the modification of the TOS if the registered user uses the service after the notification of such modification or if the registered user does not take steps to cancel his/her registration within the period specified by us. We shall not be liable for any damages incurred by the registered user based on actions taken by us in accordance with this letter.
These Terms of Use and the Service Use Agreement shall be governed by the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or relating to these Terms of Use or the Service Use Agreement.
Article 1 (Account Terms)
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Those wishing to use the Service (hereinafter referred to as "prospective registrants") Upon registering, the registered user agrees to abide by these Terms of Use, and registers his/her account information. Upon registration, a service use contract for the Service is established between the registered user and the Company, and the registered user may use the Service with the registered account information.
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The Company may refuse registration or re-registration if any of the following reasons apply to the applicant, and the Company is under no obligation to disclose the reasons for such refusal.
- In the event that any falsehood, error or omission is found in all or part of the registration information provided to the Company.
- Antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or other similar persons. The same shall apply hereinafter) (iii) If the Company determines that the person is an anti-social force, etc. (meaning a crime syndicate, organized crime group, right-wing group, anti-social force, or other similar person; the same shall apply hereinafter), or is involved in any interaction or involvement with anti-social forces, etc. such as cooperation or involvement in the maintenance, operation or management of anti-social forces, etc. through funding or otherwise.
- If the Company determines that the prospective registrant has violated a previous contract with the Company or is related to such a person.
- If the applicant has been subjected to any of the measures set forth in Article 5.
- Other cases in which the Company deems the registration is not appropriate.
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Registered users shall notify us without delay of any changes in their registered information in a manner determined by us.
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Registered Users shall properly manage and store account information (including passwords and user IDs) registered by Registered Users, and shall not allow third parties to use such information, or lend, transfer, transfer, change the name of, buy or sell, or otherwise dispose of such information. Registered Users shall be responsible for any damages caused by inadequate management of account information, errors in use, or use by a third party, and the Company shall not be liable for any such damages.
Article 2 (Prohibited Matters)
In using the Service, Registered Users shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.
- Actions that violate laws and regulations or are related to criminal activities.
- Fraud or threats against the Company, other users of the Service, or other third parties.
- Acts against public order and morals.
- Copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights of the Company, other users of the Service or other third parties Acts that infringe on the right to apply for registration, etc.) (hereinafter referred to as "intellectual property rights"), portrait rights, privacy rights, reputation, or other rights or interests.
- Transmitting to the Company, through the Service, any information that the Company determines corresponds or falls under any of the following.
- Information containing excessively violent or cruel expressions.
- Information containing computer viruses or other harmful computer programs.
- Information that includes expressions that defame or discredit the Company, other users of the Service, or other third parties.
- Information containing excessively obscene expressions.
- Information containing expressions that promote discrimination.
- Information containing expressions that encourage suicide or self-harm.
- Information containing expressions that promote the inappropriate use of drugs.
- Information containing antisocial expressions.
- Information seeking to spread information to third parties, such as chain mail.
- Information for the purpose of meeting people of the opposite sex whom you have never met.
- Information containing expressions that may cause discomfort to others.
- Actions that place an excessive load on the network or system of this service.
- Acts that may interfere with the operation of this service.
- Unauthorized access or attempted unauthorized access to our network or system, etc.
- Impersonation of a third party.
- Use of IDs or passwords of other users of the Service.
- Termination of registration within six months after free registration without our prior consent, advertisement, solicitation, or business activities on the Service.
- Collection of information about other users of this service.
- Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties.
- Provision of benefits to antisocial forces, etc.
- Aiming to meet someone of the opposite sex whom you have never met before.
- Acts that directly or indirectly cause or facilitate any of the aforementioned acts.
- Other activities that the Company deems inappropriate.
Article 3 (Suspension of this Service, etc.)
- We reserve the right to suspend or discontinue all or part of the Service without prior notice to registered users in any of the following cases.
- In case of urgent inspection or maintenance of the computer system related to this service.
- In the event of an accidental shutdown of computers, communication lines, etc.
- In the event that this service cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
- In any other cases where the Company deems it necessary to suspend or discontinue the service.
- We shall not be liable for any damages incurred by registered users based on actions taken by us in accordance with this Article.
Article 4 (Attribution of Rights)
- All intellectual property rights in connection with the Company's website and the Service belong to the Company or the party that has granted a license to the Company, and the granting of a license to use the Service under these Terms of Use does not imply the granting of a license to use the intellectual property rights of the Company or the party that has granted a license to the Company in connection with the Company's website or the Service.
- Registered Users shall represent and warrant to us that they have the legal right to disclose the Content (including but not limited to text, images, videos, and other data) on our website by using the Service and that the Content does not infringe upon the rights of any third party. You represent and warrant to us that you have the lawful rights to the Content and its disclosure, and that the Content does not infringe upon the rights of any third party.
- Registered Users grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, create derivative works from, display and perform the Content.
- Registered Users agree not to exercise their moral rights of authorship against the Company or any person who has succeeded to or been granted rights by the Company.
Article 5 (Cancellation of Registration, etc.)
- In the event that any of the following grounds apply to a Registered User, the Company may, without prior notice or demand, delete the Content, temporarily suspend the Registered User from using the Service, terminate the Registered User's registration as a Registered User, or cancel the Service Usage Agreement.
- Violation of any of the provisions of these Terms and Conditions.
- When it is found that there is a false fact in the registration information.
- If you have not responded to our inquiries or other communications requesting a response for more than 30 days.
- In any other cases in which we deem it inappropriate for you to use the Service, register as a Registered User, or continue with the Service Usage Agreement.
- In the event of any of the events described in the preceding paragraph, the registered user shall lose the benefit of time for all debts owed to the Company, and shall immediately pay all debts owed to the Company.
- We shall not be liable for any damages incurred by registered users as a result of actions taken by us in accordance with this Article.
Article 6 (Withdrawal from Membership)
- A registered user may cancel his/her membership from the Service and delete his/her registration information as a registered user by following the procedures prescribed by the Company.
- 退会にあたり、If there are any debts owed to the Company, the Registered User will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all such debts to the Company.
Article 7 (Disclaimer of Warranty and Disclaimer of Liability)
- We do not warrant that the Service will be suitable for any particular purpose of registered users, or that the Service will meet their expectations of functionality, merchantability, accuracy, or usefulness.
- The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by the Company, deletion or loss of contents or information sent to the Service by a registered user, deletion of a registered user's registration, loss of registered data or malfunction or damage to equipment due to use of the Service, or any other damages suffered by a registered user in connection with the Service (hereinafter referred to as "User Damages"). User shall not be liable for any damages incurred by Registered User in connection with the Service (hereinafter referred to as "User Damage"). The Company shall not be liable for any compensation for damages incurred by Registered Users in connection with the Service (hereinafter referred to as "User Damages").
- We shall not be liable for any transaction, communication, dispute, etc. between a registered user and another registered user or a third party in connection with our website (including the Service).
Article 8 (Confidentiality of Information)
Regardless of whether before or after termination of use of the Service, Registered Users shall, under no circumstances (whether intentionally, negligently, or otherwise), treat as confidential any non-public information that has come to their knowledge through the Service and that the Company has disclosed to Registered Users in connection with the Service with the request that they treat as confidential, except with the prior written consent of the Company.
Article 9 (Others)
- The Company's handling of user information of registered users shall be governed by the separate privacy policy of the Company, and registered users shall agree that the Company shall handle user information of users in accordance with this privacy policy.
- Inquiries regarding the Service (including communications or notifications from registered users to the Company) and communications or notifications from the Company to registered users (including notifications regarding changes to these Terms of Use) shall be made in a manner determined by the Company.
- Even if any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under laws and regulations, the remaining provisions of these Terms and Conditions and the remainder of the provisions that are determined to be invalid or unenforceable in part shall remain in full force and effect.