These terms of service (“Terms”) apply to use of the detail.tf website (“Site”) for the Detail Type Foundry (“Service”) provided by Kamimura & Co. Inc. (“Company”), and to use of the Service.
1. Consent to Terms of Service
By using the Site or the Service, you will be deemed to have consented to these Terms. If you do not consent to these Terms, you cannot use the Site or the Service.
2. Amendment etc. of Terms of Service
(1) The Company has the right to amend, revise, supplement or annul any part of these Terms at any time and at its discretion. You are advised to regularly verify changes to these Terms under your own responsibility. If you continue using the Site or Service after an amendment, you will be deemed to have consented to such amendment.
(2) Further, from time to time, there may be cases where additional products, functions or services are added, or where existing specific products, functions or services that are usable on the website are modified, temporarily suspended, or discontinued. New or modified products, functions and services will be managed in accordance with these Terms, as well as in accordance with any applicable end user license agreements (“EULAs”) or other individual agreements or terms and conditions (collectively, “EULAs etc.”; further, these Terms and EULAs etc. are collectively referred to as the “Terms etc.”) that have been issued in connection with such products, functions or services. Except where otherwise provided in the Terms etc., the Company shall not be held liable to you or to any third party in regard to the temporary suspension or discontinuation of any product, function or service. You shall acknowledge and consent that you will bear all risks of use of all products and services included on the Site and herein.
3. Application of EULAs etc.
When the provisions of these Terms and the provisions of an EULA etc. differ, unless otherwise stipulated, the provisions of the EULA etc. will have priority.
4. Use of the Site
(1) To use the Site or the Service, you must (i) be at least 18 years old, and (ii) be able to enter into binding agreements under the laws applicable to you.
(2) By using the Site or the Service, you represent and warrant that both (i) and (ii) above are true of you.
(3) If you are between the ages of 13 and 18, you are entitled to use the Site or the Service only together with or under the supervision of a parent or guardian who has agreed to these Terms. If you are under 13 years old, you cannot use the Site or the Service.
5. Communication Environment
(1) When using the Site, you shall provide the communication environment and communication device under your own responsibility and at your own expense.
(2) In cases where, because of a Font Software download error or any other communication environment defect or the like that is not attributable to the Company, the Company cannot verify any of your information that is required for a license, the Company will not be obligated to provide Fonts to you. It should be noted that “Font” and “Font Software” have the same meaning in these Terms, are defined, for the purposes of these Terms, as Font designs, and are defined, with respect to their use, as objects for generating typefaces, printing designs, ornamentations or other designs. “Fonts” shall encompass typefaces, printing designs, ornamentations and all bitmap images that are created or derived from Fonts.
6. Account Registration
(1) You can use the Site without registering an account; however, to purchase Company products, it is necessary to create a user account.
(2) When registering an account, you must enter your email address and create a password.
(3) You will bear all responsibility for maintaining the confidentiality of your account information, including your personal password. You will bear all responsibility for all incidents that occur in respect of your account as a result of your failure to maintain the security and confidentiality of your account information.
(4) You agree to inform the Company immediately of unauthorized use or any other security breach in respect of your account or password.
(5) If the Company or any other user or visitor of the System suffers damage through the use of your account or password by another person as a result of your failure to maintain the security and confidentiality of your account information, there may be cases where you are held liable for such damage.
(6) You will not be permitted to use the account or password of another person in any case whatsoever, unless such other person has given explicit permission or consent.
(7) If the Company determines that you have registered an account on the basis of false or fraudulent information, or that there is likelihood of the same, the Company will be entitled to take any measure the Company deems necessary, including prohibiting your access to the Service or temporarily suspending your account.
(8) The Company, unless otherwise specified in the Terms etc., will bear no liability whatsoever in regard to any loss or damage arising as a result of your failure to comply with any duty set forth in this article or the Company’s adoption of any measure set forth in this article.
(3) By using the Site, you shall acknowledge and consent that internet communication is not completely private or secure. You shall understand that even where there is an indication that encoding is carried out in regard to certain communication, other people may be able to read or intercept messages or information of yours that have been transmitted to the Site.
8. End User License Agreements
(1) The terms of EULAs that are ancillary to or included in Font Software provided on the Site will apply to the use of such software. You cannot download or install Font Software without consenting to the conditions of the applicable EULA(s).
(2) There may be cases where, without advance notice to you, the Company will change the amount etc. of Font license fees or discontinue the sale of Fonts subject to an EULA.
(3) Unless otherwise provided in the Terms etc., the Company, up to 90 days from the execution date of the relevant EULA, will exchange at no charge Fonts provided by the Company on the Site, if and only if there is a defect in a function explicitly indicated by the Company.
(1) All sales of Font Software are final. Due to the nature of the product, it is not possible to obtain a refund or exchange an improperly-obtained Font license for a legitimate license.
(2) If there is a flaw in Font Software data and you have communicated such fact within 10 days of download, the Company will attend to such flaw using a method that the Company deems appropriate.
(3) In the case where there is a defect in Font Software, if a purchase receipt is provided, said Font Software will be replaced with the same software, and notice will be provided within 10 days of purchase.
10. Rights and Permissions Concerning the Site
(1) All rights relating to the Site belong to Kamimura & Co. Inc. and its licensors.
(2) As long as you are in compliance with these Terms, the Company will grant you a personal, non-exclusive, non-transferable and limited right to access and use the Site.
(3) You agree to use the Site only for lawful purposes.
11. Intellectual Property Rights with Respect to Content
All content on the Site, including text, page designs, images, Fonts, graphics, logos, button icons, data, navigation systems and software, and all intellectual property rights (including the right to acquire or apply to register such rights) such as trademark rights, design rights, patent rights, utility model rights and copyrights (including the rights set forth in Article 27 and Article 28 of the Copyright Act) relating to the Company’s Fonts, designs, trade dresses, software, trademarks, emblems, designs, devices, inventions, creations and other intellectual property, belong to or are lawfully managed by the Company, or are licensed to the Company by third parties having lawful rights, and are protected under the Trademark Act, Design Act, Patent Act, Utility Model Act, Unfair Competition Prevention Act and other laws relating to intellectual property rights.
(1) You shall not engage in any of the conduct indicated in the following items.
a. Reproducing, copying, selling, reselling or by any other method using the Site, the Service, Company assets, or any portion thereof for commercial purposes, without the express written consent of the Company;
b. Extracting and using data or source codes from the Site or from any content on/of the Site;
c. Damaging or disabling Company systems or devices, or using websites in a manner that will obstruct other users’ access to or use of such websites;
d. Using hacking, password “mining”, or other similar methods to access websites, systems connected to servers, or parts or functions of networks without permission; and
e. Changing, deleting or masking displayed credits or matters of note that are related to Company intellectual property rights or ownership rights.
(2) If you have violated even one of the items of the previous paragraph, the Company will be entitled to take any measure that it determines to be necessary, including suspending your account or canceling the same under an individual EULA
13. Suspension etc. of the Service for Maintenance, Inspections etc.
(1) The Company, by making advance publication in a location on the Site that the Company determines to be appropriate, will be entitled to suspend or interrupt the provision of all or a portion of the Site or the Service for the purpose of maintenance, inspection or the like of systems etc. related to the Site or the Service.
(2) Notwithstanding the preceding paragraph, the Company will be entitled to suspend or interrupt the provision of all or a portion of the Service without advance notice to you if any of the following items is applicable.
a. If maintenance, inspection or the like of systems etc. pertaining to the Service is carried out as an emergency measure;
b. If computers, communication lines or the like that are associated with systems pertaining to the Service have ceased functioning due to an accident;
c. If it has become impossible to operate the Service due to earthquake, lightning, fire, storm and flood damage, power outage, natural calamity or any other force majeure event; or
d. If the Company otherwise judges a suspension or interruption to be necessary.
(3) The Company will bear no liability whatsoever in regard to damage suffered by you as a result of measures carried out under the preceding two paragraphs, except where otherwise provided in the Terms etc.
14. Liability Limitation
(1) Except where prohibited under law, the Company will bear no liability whatsoever for any indirect, consequent, attendant or punitive damage including lost profits, regardless of whether the Company was informed in advance of the possibility of such damage; provided, however, that depending on the region, there may be cases where liability limitation is not permitted, and thus, in such cases, notwithstanding the foregoing liability limitation or other provisions of these Terms, exemptions will not apply to the limits set forth in the laws of such regions.
(2) The Company does not guarantee to you that there will be no factual or legal defects (including, without limitation, viruses, errors and failures) in relation to the Service, the Site or any file or function provided on the Site, and does not guarantee that the Service, the Site or any file or function provided on the Site will be appropriate or satisfactory for your specific purposes. Further, the Company will bear no liability whatsoever, unless otherwise provided in these Terms, when a device used by you breaks down as a result of your installation of a Font.
(4) Notwithstanding the provisions of these Terms, in cases where the Company is deemed to be responsible for any loss or damage suffered in connection with your use of the Site or the Service, the Company’s liability shall not exceed the larger of the amounts indicated below; provided, however, that if there are special provisions in an EULA etc., those provisions shall be followed.
a. The total, for the last six months counting backwards from the date the claim was first made against the Company, of fees paid for services or content on the Site and other similar fees; or
b. 100 USD.
(1) You agree to hold the Company and its officers, directors, shareholders, successors, employees, agents, subsidiaries and affiliate companies harmless in regard to any requests, demands, formal objections or filing of litigation from/by third parties, as well as in regard to any losses or expenses incurred by third parties (including attorney fees), which are the result of your use of the Site or the Service or which arise or could arise in connection therewith; and if any of the foregoing parties has incurred damage, you agree to compensate such party for the relevant damage.
(2) In cases where you breach the Terms etc. and the Company or a third party suffers damage, you will owe a duty to pay compensation for such damage.
16. Governing Law etc.
(1) The laws of Japan will be applicable to all issues and disputes related to your use of the Site or to the Terms etc., with the exception of conflict-of-laws provisions.
(2) The Service shall be managed and operated in Japan. Although the Site can be accessed worldwide, not all of the content, products and services that are indicated, referenced, provided or offered on the Site will necessarily be obtainable by all people or in all regions, and use outside Japan will not be appropriate or possible in all cases. The Company has the right to restrict, at its discretion, the provision of content, products or services, or the volume thereof, for certain individuals or regions. In regions subject to prohibitions, all offers of content, products and services on the Site will be invalid. When accessing the Site from outside Japan, you shall exercise your own judgment and shall be solely responsible for complying with applicable local laws.
(3) When accessing the Site from outside Japan, you shall exercise your own judgment and shall be solely responsible for complying with applicable local laws.
17. Dispute Resolution
(1) You consent to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office, and agree to waive your right to make formal objections to such jurisdiction or judicial venue.
(2) Claims under these Terms, except where otherwise provided under applicable laws or the Terms etc., must be made within one year of the date on which the relevant cause of action arose, and shall not be accepted if this does not occur. Damages cannot be sought in any amount other than the actual expenditure; provided, however, that parties that have won lawsuits shall be entitled to claim expenses and attorney fees.
(3) When a dispute has arisen between the Company and you in regard to your use of the Site, both parties shall make an immediate effort to resolve such dispute in good faith. If the dispute is not resolved within a reasonable period (not more than 30 days), either party will be entitled to refer the dispute to mediation. If the dispute is not resolved through mediation, both parties will be entitled to seek rights or remedies that are exercisable under the applicable laws and regulations.
Enacted: November 1, 2018
©2018 by Detail Type Foundry, Kamimura & Co. Inc., Makoto Kamimura. All rights reserved.
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