TERMS OF SERVICE
Last updated December 30, 2023
AGREEMENT TO OUR LEGAL TERMS
We are dislyze ("Company," "we," "us," "our"), a company registered in Japan
at Ikebukuro 1-16-10 Cs Garden Ikebukuro 105, Toshima-ku, Tokyo-to 170-0014.
We operate the website
https://dislyze.com
(the "Site"), as well
as any other related products and services that refer or link to these legal terms (the
"Legal Terms") (collectively, the "Services").
You can contact us by phone at
00818093495975, email at
robert.bausmert@dislyze.com,
or by mail to Ikebukuro 1-16-10 Cs Garden Ikebukuro 105, Toshima-ku,
Tokyo-to 170-0014, Japan.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity ("you"), and
dislyze, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read, understood, and agreed to be
bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any
changes by updating the "Last updated"
date of these Legal Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms to stay informed
of updates. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Legal Terms by your continued use of the Services
after the date such revised Legal Terms are posted.
The Services are intended for users who are at
least 18 years old. Persons under the age of 18 are not permitted to use or
register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or
use by any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Services are not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,
including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your
internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES"
section below, we grant you a non-exclusive, non-transferable, revocable
license
to: - access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access.
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the
Services and no Content or Marks may be copied, reproduced, aggregated, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,
sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without
our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in
this section or elsewhere in our Legal Terms, please address your request to: robert.bausmert@dislyze.com. If we ever grant you the permission to post, reproduce, or publicly display any part
of our Services or Content, you must identify us as the owners or licensors of the
Services, Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and
Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of
our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you give us and (b) obligations
you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you agree to assign
to us all intellectual property rights in such Submission. You agree that we shall own
this Submission and be entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions"). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license
to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly
perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit
your Contributions (including, without limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and distribution may occur in any media formats
and through any media channels.
This license
includes our use of your name, company name, and franchise name, as applicable, and any of
the trademarks, service marks, trade names, logos, and personal and commercial images you
provide.
You are responsible for what you post or upload: By sending us
Submissions
and/or posting Contributions through any
part of the Services or making Contributions
accessible through the Services by linking your account through the Services to any of
your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the Services any Submission
nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any
such Submission and/or Contribution;
- warrant that any such Submission and/or
Contributions
are original to you or that you have the necessary rights and
licenses
to submit such Submissions and/or Contributions
and that you have full authority to grant us the above-mentioned rights in relation to
your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or
Contributions do not constitute confidential
information.
You are solely responsible for your Submissions and/or
Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of your breach of (a) this
section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any Contributions at
any time without notice if in our reasonable opinion we consider such Contributions
harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we
may also suspend or disable your account and report you to the authorities.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse any
and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you
select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account information
for all purchases made via the Services. You further agree to promptly update account
and payment information, including email address, payment method, and payment card
expiration date, so that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging
your payment method on a recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or shipping
address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.
6. FREE TRIAL
We offer a 30-day free trial to new users who register with
the Services. The account will not be charged and the subscription will be suspended until upgraded
to a paid version
at the end of the free trial.
7. CANCELLATION
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at robert.bausmert@dislyze.com or call us at
00818093495975.
You may not access or use the Services for any purpose other than that for which we
make the Services available. The Services may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use any information obtained from the Services in order to harass,
abuse, or harm another person.
- Make improper use of our support services or submit false reports of
abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the
Services or modifies, impairs, disrupts, alters, or interferes with the
use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any
Content.
- Attempt to impersonate another user or person or use the username of
another user.
- Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as "spyware"
or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in
any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any unauthorized script
or other software.
- Use a buying agent or purchasing agent to make purchases on the
Services.
- Make any unauthorized
use of the Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false
pretenses.
- Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor or commercial
enterprise.
9. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on
the Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Services and
through third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to
authorize us, the Services, and other users of the Services to use your Contributions
in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings, or
other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any
third party.
- Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
- Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of your
rights to use the Services.
By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may occur in any media formats
and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant
that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in
any area on the Services. You are solely responsible for your Contributions to
the Services and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to re-categorize any Contributions
to place them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of
these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to
protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://dislyze.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is
incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the Services from any other
region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Services, you
are transferring your data to
the United States, and you expressly consent to have your data
transferred to and processed in
the United States.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR
SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change,
revise, update, suspend, discontinue, or otherwise modify the Services at any time or for
any reason without notice to you. You agree that we have no liability whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services
during any downtime or discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services or to supply any
corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Japan. dislyze and yourself irrevocably consent that the courts of
Japan
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with
these Legal Terms.
16. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question
regarding its existence, validity, or termination, shall be referred to and finally resolved
by the International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a
result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be one (1). The seat, or legal place, or
arbitration shall be Tokyo,
Japan. The language of the proceedings shall be
English. The governing law of these Legal Terms shall be
substantive law of Japan.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with
any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on
a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights
of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or
update the information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES
OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT
AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
YOU SHOULD USE YOUR BEST
JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach
of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt
harmful act toward any other user of the Services with whom you connected via the
Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive
defense
and control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of
managing the performance of the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of data, you are solely responsible
for all data that you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any loss or corruption
of any such data, and you hereby waive any right of action against us arising from any
such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive
any rights or requirements under any statutes, regulations, rules, ordinances, or other
laws in any jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Legal Terms shall
not operate as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss, damage, delay,
or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these
Legal Terms and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing
by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at:
dislyze
Ikebukuro 1-16-10 Cs Garden Ikebukuro 105
Toshima-ku,
Tokyo-to 170-0014
Japan
Phone:
00818093495975
robert.bausmert@dislyze.com