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YAMAWA (defined below) stipulates the following rules as YAMAWA Web Service Membership Agreement (hereinafter referred to as " Membership Agreement"). To use the Services (defined below) you need to agree to all the terms and conditions of the Membership Agreement. Application for the use of the Services indicates that you have agreed to all the terms and conditions of the Membership Agreement.

YAMAWA Web Service Membership Agreement

Article 1 (Definition of Terms)

The following terms in this Membership Agreement shall have the meanings as defined below:

  1. “YAMAWA” shall mean any of YAMAWA group companies (YAMAWA MFG. Co., Ltd., YAMAWA Taps Co., Ltd., YAMAWA Precision Co., Ltd., TAIWAN YAMAWA Co., Ltd., YAMAWA Engineering Service Co., Ltd., YAMAWA International Co., Ltd., YAMAWA ASIA Co., Ltd., and YAMAWA EUROPE S.p.A.), collectively or individually.
  2. The “Services” shall mean the provision of the contents offered exclusively to the Member on the Site, e-mailing by YAMAWA to the Member, and other services, as determined by YAMAWA.
  3. The “Site” shall mean YAMAWA MFG. Co., Ltd. website (https://www.yamawa.com/ and each related services website offered by YAMAWA)”.
  4. "The Member" shall mean customers using the Services who have agreed to the Membership Agreement and completed the member registration in accordance with the procedure specified by YAMAWA.
  5. The “Registered Information” shall mean all the information provided by the Member to YAMAWA for the use or during the use of Services.
  6. The “Personal Information” shall mean such information as set forth in Article 2 (1) of the Japanese Act on Protection of Personal Information.
Article 2 (The general rules)
  1. Scope of application of the Membership Agreement
    The Membership Agreement shall apply to all the matters in relation to the use of the Services.
  2. Revision of the Membership Agreement
    YAMAWA reserves the right to revise, add, and delete the terms and conditions on the Membership Agreement at any time, without prior notice or approval by to the Member. In such case, a notice to the Member shall be given by the method set forth in the next paragraph or by other methods that YAMAWA determines as appropriate, which shall apply to the case of any change to other rules or the like stipulated by YAMAWA.
  3. Notifications / communications
    1. YAMAWA shall be entitled to provide notices or communications to the Member by e-mail or the like (hereinafter referred to as the “Notice”).
    2. YAMAWA shall be entitled to provide the Notice to the Member by posting on the Site, by e-mail or by any other means that YAMAWA deems appropriate. Such Notice shall be deemed delivered by Member when posted on the Site or sent by e-mail.
    3. In case of failure in re-registration with the Services after the change or cancelation the e-mail address, a Notice shall be deemed received by the Member when sent to the latest e-mail address provided to YAMAWA.
Article 3 (Member registration)
  1. Completion of member registration
    A customer desiring to apply for the membership (hereinafter referred to as "Registration Candidate") has to agree to all the terms and conditions of the Membership Agreement and follow the member registration procedure on the Site. Only applications after a completed member registration procedure will be reviewed by YAMAWA. YAMAWA reserves the right to reject an application without disclosing the reason to the Registration Candidate.
  2. Eligible customer for member registration
    This is a corporate registration. The use of the Services shall be for business related purpose. The Registration Candidate shall not be a private person and shall not qualify as consumer according to applicable law.
  3. Cancelation or temporary suspension
    YAMAWA reserves the right to reject a pending registration, cancel or temporarily suspend an existing registration, without prior notice if any of the following apply to the Registration Candidate or the Member.
    1. When the Registered Information contains a untrue statement or significant deficiency.
    2. When the Registration Candidate, the corporation or other entity, or the Member does not exist.
    3. When the same Registration Candidate submits multiple membership applications.
    4. When the Registration Candidate or Member obstructs the operation of Services.
    5. In case of previous membership suspension or cancelation due to a violation of the Membership Agreement.
    6. Otherwise determined as inappropriate by YAMAWA.
  4. Update of the Registered Information
    1. The Member shall provide a notice of any change of the Registered Information by method as specified by the Site.
    2. YAMAWA shall not be liable at any time whatsoever for any damage caused by the delay of providing or by not providing a notice pursuant to the preceding paragraph by Member.
  5. Management of E-mail address and Password
    1. The Members shall be responsible for the management of its e-mail address and password registered with YAMAWA. The Member shall not provide, lend out, assign, transfer, or sell such e-mail address or password registered with YAMAWA to any third party.
    2. The Member shall be liable for any damage occurred due to mismanagement, misuse, or use by a third party of the e-mail address or password registered with YAMAWA. YAMAWA shall not be liable at any time whatsoever for any damage resulting mismanagement, misuse, or use by a third party of the e-mail address or password registered with YAMAWA.
    3. In the event that Member finds the e-mail address or password registered with YAMAWA to be fraudulently used by any third party, the Member shall immediately inform YAMAWA and follow the instructions given by YAMAWA.
  6. One user account per user
    The Site uses e-mail address of the Member as a Member ID. Pursuant to the provision of paragraph 3.3 above, the same Member shall not hold multiple Member IDs by utilizing multiple e-mail address.
  7. Withdrawal
    Membership withdrawal procedure can be initiated under “Change Registered Information” on the Site. The Member shall automatically lose all the rights to use Services at the time of withdrawal from the membership, registration at the registered corporation or other entity, suspension or termination of the business as a sole proprietorship, or otherwise as determined by YAMAWA.
Article 4 (Services)
  1. Scope of the Services
    The Member may use the Services by entering the registered e-mail address and password. The Member agree to additional rules and terms related to each service model at the time when he/she uses such service.
  2. Charge
    The use of the Services is free of charge. Any and all costs necessary to establish internet connection or to use personal communication devices (including mobile phones) shall be borne by the Member.
  3. Amendment, suspension and termination of the Services
    YAMAWA shall be entitled to amend, suspend, or terminate the Services by notifying the Member in advance by the method that YAMAWA determines appropriate YAMAWA reserves the right to make changes to the Services without prior notice to the Member if such change in YAMAWA’s judgement does not result in any particularly disadvantage to the Member, or the change is an emergent, minor change or improvement in usage.
  4. Operation of the Services
    YAMAWA shall be entitled to subcontract the operation of the Services etc. to affiliates of YAMAWA or a third parties.
Article 5 (Services conditions)
  1. Handling of Personal Information
    YAMAWA shall handle the Personal Information obtained from Member in accordance with the privacy policy (https://www.yamawa.com/en/policy/privacy.html) and in compliance with the laws and regulations applicable to the Protection of Personal Information. The Member expressly authorizes every group company of YAMAWA to collect and manage Member’s Personal Information.
  2. Copyright
    1. The Member acknowledges and agrees that all the rights (including, without limitation, intellectual property rights, portrait rights, and publicity rights) of all copyright protected works which are subject to Services (including, without limitation, texts, images, videos, and sounds) shall belong to YAMAWA or a third party which owns such rights.
    2. The Member shall not at any time use the contents of the Services in an unauthorized way, except in case YAMAWA gives express written consent. In the event of breach of the Membership Agreement, the Member shall provide remedy on its own expense and responsibility.
  3. Prohibited Acts
    The Member shall refrain from the following during the use of Services:
    1. Infringing intellectual property (including, without limitation, copyrights, portrait rights, and publicity rights) of YAMAWA or third party;
    2. Violate applicable laws or public policy (including the use of Services to manufacture tools which have the capacity to violate the applicable laws and public policy);
    3. Hindering operation and damaging the creditability of Services;
    4. Fraudulently utilizing the Registered Information and the like of Registration Candidate or Member;
    5. Registering untrue information;
    6. Encouraging the acts set forth in the preceding each paragraphs; and
    7. Any other acts that YAMAWA determines as inappropriate.
  4. Indemnification
    1. YAMAWA shall not be liable at any time whatsoever for any loss or damage incurred by the Member in relation to the use of the Services.
    2. YAMAWA shall not be liable at any time whatsoever for any damage incurred by a Member or a third party due to the use of the Services by any of the Member. In the event of a dispute between Members or between a Member and a third party arising out of the Services, YAMAWA shall not be liable for any loss or damage related to such dispute. The Member shall resolve such dispute at its own expenses and responsibility.
    3. YAMAWA does not guarantee any completeness, accuracy, certainty or usefulness whatsoever of the information that the Member receives through the Services.
    4. YAMAWA shall not be liable at any time whatsoever for any damage incurred by the Member due to the discontinuation, delay, cancellation of system, data loss, or defects in computer, communication circuit or the like.
    5. YAMAWA does not guarantee the performance of devices and software used by the Member.
  5. Claim for damages
    In the event of breach the Membership Agreement by the Member or in the event of damages caused by fraudulent or illegal use of the Service, YAMAWA shall be entitled to a reasonable compensation including attorneys’ fees from the Member.
  6. Suspension and/or termination of Services
    In any of the following events, YAMAWA may suspend the provision of Services, in whole or in part, without prior notice or compensation to the Member. YAMAWA shall not be liable at any time whatsoever for any damage incurred by the Member or a third party arising out of such events.
    1. Performance of regular or emergency maintenance of the system.
    2. Inability to provide the Services due to fire, earthquakes, power outages, or other emergency situations.
    3. Inability to provide the Services due to war, riots, labor unrest, or other situations.
    4. Otherwise, as determined by YAMAWA for operational or technical reasons.
    5. In the event as set forth in Article 4.3, and otherwise YAMAWA determines it necessary.
  7. Exclusion of Anti-Social Forces
    The Member represents and warrant not falling under any of paragraphs 7.1 or 7.2, and ensures not conducting any actions as set forth in item 7.3. If any of the Member breaches the provision of this articles, YAMAWA shall be entitled to terminate the membership of such Member without notice, and shall not be liable to the Member for any damage caused by such termination.
    1. The Member being an organized crime group and other anti-social forces;
    2. The Member having a relationship under which an organized crime group or other anti-social forces is recognized as having control over the Member.
    3. Use of intimidating words or actions, or violence against YAMAWA, or an action to defame the reputation or interfere with the business of YAMAWA by spreading rumors, using fraudulent means or resorting to force.
  8. Courts of jurisdiction
    Any dispute, controversy or claim arising out of or in relation to this Membership Agreement shall be resolved exclusively by either Tokyo Regional Court (TOUKYOU CHIHOU SAIBANSHO) or Tokyo Summary Court (TOUKYOU KAN'I SAIBANSHO), depending on the amount in dispute.
  9. Governing Law
    The Membership Agreement, its enforceability, interpretation, and validity of shall be governed by the Laws of Japan.

(Revised on [Mar 01, 2017])

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