Chapter 1 General Terms

Article 1 (Definition)

The following terms used in these Terms of Use shall have the following meanings:

(1)	“Company” means MarineNet Co., Ltd.
(2)	“Company’s Website” means the website with the domain name “marine-net.com” which is operated by the Company (which includes the changed website if the domain or the content of the Company’s website is changed for any reason).
(3)	“Service” means the information service “MarineNet” for personal computers that is provided by the Company (including Optional Service(s) if a Member uses Optional Service(s)).
(4)	“Optional Service(s)” means the following services provided with the Services by the Company: Smartphones Service which allows the addition of two smartphones to log in the Service using the same user ID provided to a Member (The Company does not offer a service which allows the addition of only one smartphone for system reasons.
(5)	“These Terms” means these Terms of Use.
(6)	“Service Use Agreement” means these Terms and the agreement for use of the Services between the Company and a Member.
(7)	“User ID” means an ID account required to use the Service.
(8)	“Applicant User” means a person applying for the Service.
(9)	“Registered Information” means certain information designated by the Company as the information to be provided to the Company by a person applying for the Service at the time of registration of Use ID.
(10)	“Member(s)” means an individual or a company that has approved these Terms pursuant to Article 3 hereof and entered into the Service Use Agreement with the Company.

Article 2 (Applicability)

1. The purpose of these Terms is to specify the terms of use for the Service provided by the Company and rights and obligations of the Company and a Member in connection with the use of the Service, and shall be applicable to any and all relationships between a Member and the Company in connection with the use of the service.
2. If there is any discrepancy between any provision of these Terms and any explanation of the Service other than what is contained in these Terms, the provisions of these Terms shall prevail.

Chapter 2 Member Registration and Responsibilities of Members

Article 3 (Registration)

1. By agreeing to comply with these Terms and providing the Registered Information in the manner designated by the Company, an Applicant User may apply to register with the Company to use the Services.
2. Upon or after application for the registration referred to in the preceding paragraph, an Applicant User may apply for an Optional Service.

Once an application for the registration to use the Service is made and the Company approves such application and sends a User ID and password for the Service to the “email address” provided as Registered Information, the Service Use Agreement shall be formed between the relevant Member and the Company and the Member shall be entitled to use the Service in accordance with these Terms.

3. If an Applicant User falls under any of the following items, the Company may refuse registration or re-registration, and shall not be obliged in any way to disclose the reason therefor:

(1)	If all or part of the Registered Information provided by an Applicant User to the Company is false, erroneous or omitted;
(2)	If an Applicant User is either a minor, adult ward, person under curatorship or person under assistance and has not obtained consent from his/her legal representative, guardian, curator or assistant;
(3)	If the Company deems that an Applicant User is an organized crime group, a member of an organized crime group, former member of an organized crime group whom less than five years have passed since the person ceased to be a member of the organized crime group, sub-member of an organized crime group, corporation related to an organized crime group, a rogue group engaging in criminal activities under the pretext of conducting social campaigns or political activities, a crime group specialized in intellectual crimes, etc. or any other person similar to any of those stated above (the “Anti-Social Forces”), or has any contact or relationship with the Anti-Social Forces by cooperating or engaging in maintaining or running the Anti-Social Forces through provision of funds or otherwise;
(4)	If the Company deems that an Applicant User has breached the agreement with the Company or person related thereto;
(5)	If an Applicant User has become subject to the measures specified in Article 11 (Deregistration, etc.); or
(6)	If the Company deems that an Applicable User is otherwise not eligible to use the Service.

Article 4 (Change of Registered Information)

1. If there is a change or a need to correct the Registered Information, a Member shall notify the Company of such information in the manner designated by the Company without delay.
2. A Member shall be responsible for any loss or damage caused due to failure to change or correct the Registered Information in accordance with the preceding paragraph, and the Company will not be responsible in any way for the same.

Article 5 (Management of User ID and Password)

1. A Member may log in with one personal computer and three smartphones using one User ID; provided, however, that by using the Optional Service “Smartphones,” the Member may log in with five smartphones using the same User ID.
2. A Member shall, at his/her own responsibility, manage and store his/her User ID and password appropriately, and shall not allow a third party to use, or lend, assign, transfer, sale, purchase or otherwise dispose of the same.
3. A Member shall be responsible for any loss or damage caused due to inappropriate management, error in use, use by a third party of his/her User ID or password, and the Company will not be responsible in any way for the same.

Article 6 (Fee and Payment Method)

A Member shall pay to the Company, as consideration for the use of the Service, the fee separately determined by the Company and stated on the Company’s Website in accordance with the payment method designated by the Company.

Article 7 (Charges for Equipment)

A Member shall, at his/her own expense and responsibility, pay any communication charges and have in place any equipment (such as computers, communication equipment, software, internet connection environment) necessary to use the Service.

Article 8 (Prohibitions)

In using the Service, a Member shall not engage in acts that fall under or acts that the Company deems fall under any of the following items:

(1)	Act that violates a law or regulation, or act related to a crime;
(2)	Fraud or threatening act against the Company, other Members of the Service or other third parties;
(3)	Act that offends public order and morality;
(4)	Act that infringes on an intellectual property right, portrait right, privacy right, reputation or other right or interest of the Company, other Members of the Service or other third parties;
(5)	Act of sending information containing a computer virus or other harmful computer program through the Service to the Company or other Members of the Service;
(6)	Act that places excessive burden on the network or system for the Service;
(7)	Act that is likely to hamper operation of the Service;
(8)	Act of illegally accessing or attempting to illegally access the Company’s network or systems;
(9)	Act that uses an ID or password of other Members of the Service;
(10)	Collection of information of other Members of the Service;
(11)	Provision of benefits to the Anti-Social Forces;
(12)	Act that directly or indirectly induces or facilitates any of the preceding acts;
(13)	Other act that the Company deems inappropriate.

Chapter 3 Intellectual Property Rights, Etc.

Article 9 (Ownership of Rights)

All copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights relating to the Company’s Website and the Service (including the rights to acquire these rights or to file an application for registration based on these rights; the “Intellectual Property Rights”) shall be owned by the Company or its licensors. The license of the Service under these Terms shall not mean a license for the Company’s or its licensors’ Intellectual Property Rights relating to the Company’s website or the Service.

Chapter 4 Suspension of the Service, Cancellation of Registration, Cancellation, Renewal and Change, Etc.

Article 10 (Suspension, etc. of the Service)

1. The Company may suspend or discontinue the provision of all or part of the Service without giving prior notice to Members if:

   (1)	the Company conducts urgent inspection or maintenance of the computer system for the Service;
   (2)	a computer or communication line fails due to an accident;
   (3)	an earthquake, lightning, fire, storm, flood, power outage, act of God or other force majeure event prevents the Company from operating the Service; or
   (4)	the Company deems it necessary to suspend or temporarily suspend the provision of the Service for other reasons.

2. The Company will not be responsible in any way for any loss or damage suffered by a Member as a result of the measures taken by the Company in accordance with this Article.

Article 11 (Cancellation of Registration, etc.)

1. The Company may temporarily suspend the availability of the Service, cancel the registration as a Member or terminate the Service Use Agreement without giving prior notice or demand if:

   (1)	a Member violates any term of these Terms;
   (2)	it turns out that a Member’s Registered Information contains false information;
   (3)	a Member delays payment of the Service fee;
   (4)	a Member fails to respond to the Company’s inquiry or other communication requesting a response within seven days;
   (5)	a Member falls under any item of Paragraph 5 of Article 3 of these Terms; or
   (6)	the Company deems that the availability of the Service, registration as a Member, or continuation of the Service Use Agreement is inappropriate for other reasons.

2. The Company will not be responsible in any way for any loss or damage suffered by a Member as a result of the acts conducted by the Company in accordance with this Article.
3. If the Company suffers any loss or damage as a result of a Member’s breach of any item of Paragraph 1 above, the Company may claim compensation for such loss or damage so suffered from such Member irrespective of whether or not the Service Use Agreement is terminated.

Article 12 (Cancellation)

1. A Member may cancel the Service Use Agreement and delete his/her registration as a Member by giving notice to the Company in the manner designated by the Company; provided, however, that if the Member cancels the Service Use Agreement, any Optional Service shall be cancelled at the same time.
2. A Member may cancel Optional Service by giving notice to the Company in the manner designated by the Company.
3. If a Member owes any obligation to the Company when cancelling the Service Use Agreement pursuant to Paragraph 1, any and all obligations owed by the Member to the Company shall be automatically accelerated and immediately be paid by the Member to the Company.
4. If a Member takes procedures for cancellation referred to in Paragraph 1 or 2, any fee already paid shall not be refunded.
5. The handling of user information after cancellation shall be subject to the provisions of Article 17 (Handling of User Information).

Article 13 (Renewal)

Unless a Member cancels the Service Use Agreement one month before the expiry of the term thereof, the Service Use Agreement shall be automatically renewed. In such case, the Member shall pay the fee specified in an invoice sent by the Company in accordance with the payment method designated by the Company.

Article 14 (Change and Termination)

1. The Company may change the content or terminate the provision of the Service for its convenience. If the Company terminates the provision of the Service, the Company shall give prior notice to Members.
2. The Company will not be responsible in any way for any loss or damage suffered by a Member as a result of the measures taken by the Company in accordance with this Article.

Chapter 5 General Provisions

Article 15 (Disclaimer and Indemnity)

1. The Company makes no warranty of any kind concerning the suitability of the Service for a Member’s specific purpose; expected functionality, merchantability, accuracy or usefulness; conformance of a Member’s use of the Service with laws, regulations or industry group’s internal regulations applicable to the Member; or freedom from faults.
2. The Company shall not be liable in any way for any loss or damage suffered by a Member as a result of the Company’s discontinuance, suspension or termination of the provision, unavailability or change of the Service, or cancellation of the registration of a Member or otherwise in connection with the Service.
3. Notwithstanding the preceding paragraph, if the Company is held liable, the liability of the Company for the loss or damage referred to in the preceding paragraph shall not exceed the amount paid by the relevant Member to the Company for the last six months. In addition, the Company shall not be liable for any incidental, indirect, special or future damages or lost profits.
4. External websites linked to and from the Company’s Website are not under the Company’s control. The Company shall not be responsible in any way for such websites and their resources.
5. The Company shall not be responsible in any way for any transactions, communications or disputes arising between a Member and another Member or a third party in connection with the Service or the Company’s Website.

Article 16 (Confidentiality)

A Member shall treat in confidence the unpublished information that the Company has requested the Member to treat in confidence when disclosing the same in connection with the Service without prior written approval of the Company.

Article 17 (Handling of User Information)

1. The handling of user information by the Company shall be subject to the provisions of the Privacy Policy separately established by the Company, and a Member shall agree that the Company will handle user information in accordance with this Privacy Policy.
2. The Company may, at its own discretion, use and publish any information and data provided by a Member to the Company in aggregate but not in a personally identifiable form, and a Member shall not object to such use or publication.

Article 18 (Amendment to these Terms, etc.)

1. The Company may at any time amend these Terms. When amending these Terms, the Company shall notify Members and make the amended Terms available on the Company’s Website.
2. If a Member uses the Service or does not cancel the registration during the period designated by the company after the Company notifies such amendment, the Member shall be deemed to have agreed to the amended Terms.

Article 19 (Communication and Notice)

1. Inquiries regarding the Service and other communications or notices from a Member to the Company will be received from the “CONTACT” link on the top page of the Company’s Website.
2. Notices regarding amendment of these Terms and other communications or notices from the Company to Members shall be made based on their Registered Information.

Article 20 (Assignment of Contractual Status under the Service Use Agreement)

1. No Member may assign, transfer or provide as collateral to a third party or otherwise dispose of, his/her status under the Service Use Agreement or rights and obligations under these Terms without prior written approval of the Company.
2. If the Company has transferred the business relating to the Service to another company, the Company may, as a result of such business transfer, assign its status under the Service Use Agreement, rights and obligations under these Terms and Members’ Registered Information and other customer information to the transferee in such business transfer, and Members shall hereby give prior consent to such transfer. The business transfer referred to in this paragraph shall include not only normal business transfers but also company splits and any and all other cases where a business is transferred.

Article 21 (Severability)

If any provision or part of a provision of these Terms is held to be invalid or unenforceable under the Consumer Contract Act or other applicable laws or regulations, the remaining provisions of these Terms and the remaining part of the provision of these Terms that is not held invalid or unenforceable shall remain in full force and effect.

Article 22 (Governing Law and Court of Jurisdiction)

1. These Terms and the Service Use Agreement shall be governed by the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction at first instance over any and all disputes arising from or in connection with these Terms or the Service Use Agreement.

End

Established on 01 02, 2000

Revised on 07 05, 2007

Revised on 05 03, 2018

Revised on 01 10, 2019

Revised on 09 11, 2020

 

MarineNet Co., Ltd. (the “Company”) has set forth the following rules with respect to the handling of user information related to web services provided by the Company - “MarineNet,” and other web services for which users provide their user information including personal information to the Company (collectively, the “Web Services”), and seeks to ensure the appropriate handling of such user information.

User Information Collected and Method of Collection

For the purposes of “Handling of User Information related to Web Services,” user information means information to identify users, access history on a communication service and other information generated or accumulated in relation to users or users’ devices including their personal computers, smartphones and other devices which the Company collects in accordance with “Handling of User Information related to Web Services.” 　　
User information collected by the Company related to the Web Services shall be as follows:

(i) Information provided by users

• Name
• Email address
• Name and phone number of the company users work for
• Information that users enter in Registration Forms and Item Purchase Forms designated by the Company
• Information that users enter in Questionnaire Forms designated by the Company to answer questions; and
• Other information that users enter in certain forms designated by the Company.

(ii) Information collected by the Company when users use the Web Services

• Log information
• Cookies

Intended Use

The Company will use user information only for the following purposes, and will not use it for any other purpose without consent of the relevant user unless required by law or unless the intended use has been separately notified or published:

1. (i)

   To operate, manage and improve the web service “MarineNet” such as receiving registration forms, confirming identity, settling payments relating to such web service;

2. (ii)

   To send mail magazines to members of the web service “MarineNet”;

3. (iii)

   To offer benefits and information to members of the web service “MarineNet”;

4. (iv)

   To inform changes of the Terms of Use for the web service “MarineNet” to members of such web service;

5. (v)

   To analyze the usage of the web service “MarineNet”;

6. (vi)

   To conduct activities such as ordering, preordering, shipping and settling payments of, products handled by the Company through the web service “MarineNet”;

7. (vii)

   To develop new products and services provided by the Company;

8. (viii)

   To respond to inquiries or opinions regarding the Web Services;

9. (ix)

   To provide information on new products and new services provided by the Company to those who have used the Web Services;

10. (x)

    To provide information and notice regarding events and seminars which the Company sponsors, co-sponsors or receive registration forms of those who have used the Web Services;

11. (xi)

    To provide various forms of support to operate events and seminars which the Company sponsors, co-sponsors or receive registration forms of; and

12. (xii)

    To engage in activities incidental to any of the items ⅰ to ⅺ above.

Other

In respect of provision of personal information to third parties, security control measures, disclosure, correction, addition, removal, etc. of personal data in possession under the Personal Information Protection Act, Contact for Inquiries, Continuous Improvement, and other handling of personal information not covered by “Handling of User Information related to Web Services,” the Company’s “Privacy Policy” will govern.

End

Revised on 09 11, 2020