Terms of Use
The Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the Registered Users as well as the rights and obligations of Infostellar Inc. (hereinafter referred to as the “Company”) and the Registered Users with respect to the use of the Service (defined in Article 2) provided by the Company. Everyone desiring to use the Service will be required to read through the entire text of the Terms before agreeing thereto.
Article 1 Scope of Application
1.1 The Terms shall define the rights and obligations of the Company and the Registered Users (defined in Article 2), and shall apply to any relationship between the Company and the Registered Users with respect to the use of the Service.
1.2 The rules and regulations concerning the Service which may be posted by the Company on the Website (defined in Article 2) from time to time shall constitute part of the Terms.
Article 2 Definitions
For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:
(1) “Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an application for the registration of any of such rights.
(2) “Website” means the website on the Internet operated by the Company with the domain of stellarstation.com, including, without limitation, the new website in cases where the domain or content of the Website is revised, amended or changed for any reason.
(3) “Applicant” means the “Applicant” defined in Article 3.
(4) “Registration Information” means the “Registration Information” defined in Article 3.
(5) “Registered User” means an individual or a corporation who is registered as a user of the Service in accordance with the provisions of Article 3.
(6) “Service” means the service of providing support for amateur band satellites named StellarStation Amateur provided by the Company including, without limitation, the service after change in cases where the name or content of the Service is changed for any reason.
(7) “Service Agreement” means the “Service Agreement” defined in Article 3.4.
(8) “Third Party Services” means services provided by third parties which shall be used in relation to the Service.
(9) “Third Party Providers” means the entities which provide the Third Party Services.
(10) “Terms of Use for Third Party” means the terms applicable between the Registered User and the Third Party Providers.
(11) “Data” means the data downloaded by Registered User from amateur band satellites through the Service.
Article 3 Registration
3.1 Any person or entity which desires to use the Service (hereinafter referred to as the “Applicant”) may apply to the Company for the registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in a manner specified by the Company.
3.2 The application for the registration shall be made by an individual or a corporation that will use the Service, and applications by proxy will not be accepted. For each application for the registration, the Applicant shall provide true, correct and current information to the Company.
3.3 The Company may cancel the registration pursuant to Article 11.1 if:
(1) the Company determines that the Applicant is likely to violate the Terms;
(2) the Registration Information submitted to the Company contain, in whole or part, false or erroneous statements or omissions;
(3) the registration of the Applicant for the use of the Service has once been cancelled;
(4) the Applicant is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of its respective legal representative, guardian, curator or assistant;
(5) the Company determines that the Applicant is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method; or
(6) the Company otherwise determines that the registration would be inappropriate.
3.4 The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company receives the application. The completion of the registration constitutes the execution of the agreement (the “Service Agreement”) between the Registered User and the Company with respect to the use of the Service in accordance with the provisions of the Terms.
Article 4 Use of the Service
The Registered User shall be entitled to use the Service in accordance with the Terms in such a manner as specified by the Company, during the effective term of the Service Agreement.
Article 5 Management of User ID and Password
5.1 The Registered User shall be fully responsible for the security and safekeeping of its user ID and password (the “Account Information”) and the Registered User shall not cause or permit any third party to use the Account Information nor shall it loan, assign, cause to be owned in the name of another person, sell or otherwise dispose of the Account Information .
5.2 The Registered User shall be responsible and liable for any damage incurred by the Registered User as a result of inadequate management, wrong or improper use, or use by a third party of the Account Information and other similar events. In no event shall the Company be responsible or liable for such damage.
5.3 In cases where the Account Information is found to be stolen or used by a third party, the Registered User shall immediately notify the Company to that effect and follow the instructions provided by the Company.
Article 6 Prohibited Activities
The Registered User shall be prohibited from engaging in any of the following acts with respect to the use of the Service:
(1) to perform any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, other Registered Users, the Third Party Providers or other third parties (including, without limitation, any act which raise such infringement directly or indirectly);
(2) to perform an act associated with a criminal act, or an act against public order and good morals;
(3) to perform any act which violates any law or regulation, or the internal rules of the entity of which the Company or the Registered User is a member;
(4) to transmit information containing computer viruses or other harmful computer programs;
(5) to modify information which can be used for the purpose of the Service;
(6) to perform any act which is likely to interfere with the operation of the Service by the Company; or
(7) to perform any other acts determined by the Company to be inappropriate.
Article 7 Discontinuation or Suspension of the Service
7.1 In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service without prior notice to the Registered User:
(1) When the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;
(2) When a computer or telecommunications network ceases to operate or function as a result of an accident;
(3) When the operation of the Service becomes difficult due to fire, power failure, natural disaster, or any other cause of force majeure;
(4) When troubles, discontinuation or suspension of service, discontinuation of association with the Service, changes of specifications, etc. occur with respect to the Third Party Services; or
(5) When for any other reason the Company determines that the discontinuation or suspension will be necessary.
7.2 The Company may, in its discretion, terminate the provision of the Service. In this case, the Company gives prior notice to the Registered User.
7.3 The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this Article 7.
Article 8 Preparation of Devices
8.1 The Registered User shall, at its own costs and responsibilities, prepare and maintain computers, software and other devices, and telecommunication line and other communication environment which are necessary to use the Service.
8.2 The Registered User shall, at its own costs and responsibilities, prepare and maintain security systems suitable for the Registered User’s environment for use of the Service to avoid attack of computer virus, unauthorized access, information leakage, etc.
8.3 The Company shall have no obligation to retain information transmitted by or to the Registered User through the Service even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time in its discretion. The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of such deletion of information.
8.4 In cases where at the commencement of or during the use of the Service the Registered User installs software or programs from the Website into its computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to its equipment. The Company shall in no event be responsible or liable for such loss or damage incurred by the Registered User.
Article 9 Ownership and Intellectual Property Rights
All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and unless otherwise provided for expressly herein, the use of the Service permitted through the registration under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights concerning the Website or the Service held by the Company or its licensors. The Registered User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
Article 10 Use of the Registered User’s Information
The Company may use information which the Registered User provides to the Company in the Service (excluding the Personal Information defined in Paragraph 1 of Article 2 of the Act on the Protection of Personal Information) for the following purposes:
(1) Provision of the Service;
(2) Improvement of the Company’s service and development of new service, etc.;
(3) Advertising in the Service;
(4) Marketing of the Company, the Service or any other Company’s service; or
(5) other purposes related to the above purposes.
Article 11 Cancellation of Registration
11.1 The Company may suspend temporarily the use by the Registered User of the Service or cancel the registration of the Registered User without any prior notice if:
(1) the Registered User violates any provision of the Terms;
(2) the Registration Information is found to contain false information;
(3) the Registered User uses or attempts to use the Service for such purposes or in such a manner as would cause damage to the Company, other Registered Users, the Third Party Providers or other third parties;
(4) Use of the Third Party Services or association with the Third Party Services becomes difficult in relation to the Registered User due to its violation of the Terms of Use for Third Party or other reasons;
(5) the Registered User interferes with the operation of the Service by any means;
(6) the Registered User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance;
(7) the Registered User has not used the Service for a period of 6 month(s) or more, and has not responded to any communication from the Company;
(8) the Registered User falls under any of the items of Article 3.3; or
(9) the Company determines for any reason that the continuation of the registration of the Registered User would be inappropriate.
11.2 The Company may cancel the Registered User’s registration as a Registered User by sending a 7 days prior notice to the Registered User in accordance with the procedures specified by the Company.
11.3 The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 11.
Article 12 Disclaimer and Limitation of Liability
12.1 The Company makes no warranty that the Data does not violate the Intellectual Property Rights or other rights of third parties and that it does not violate any applicable laws and regulations. The Service is provided “as is”, and the Company makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, usability, completeness, reliability, qualification, accuracy, recency, legality, validity or consistency, with respect to the Service and the Data.
12.2 The Company does not make any warranty which is not expressly provided for in the Terms even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Service, the Website, other Registered Users or any other matter.
12.3 Although the Registered User may download data from amateur band satellites through the Service, the Company makes no warranty regarding such downloading. The Company shall not be responsible or liable even when such downloading is not available.
12.4 Although the Service may be associated with the Third Party Services, the Company makes no warranty regarding such association. The Company shall not be responsible or liable even when such association is not available.
12.5 In cases where the Service is associated with the Third Party Services, the Registered User shall comply with the Terms of Use for Third Party at its own costs and responsibilities. In no event shall the Company be responsible or liable for disputes, etc. which arise between the Registered User and the Third Party Providers.
12.6 The Registered User shall investigate at its own expense and responsibility to determine whether or not its use of the Service and the Data will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Service and the Data by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.
12.7 The Registered User shall, with its full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service, the Website or the Data which arise between the Registered User and other Registered Users, the Third Party Providers or other third parties. In no event shall the Company be responsible or liable for them.
12.8 In no event shall the Company be responsible or liable for suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any information from the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the Registered User in connection with the Service.
12.9 Even if the Website contains links to and from other websites on the Internet, the Company shall not, for any reason, be responsible for any websites other than the Website or any information obtained therefrom.
12.10 In no event shall the Company be responsible or liable for the damage incurred by the Registered User in connection with the Service. Even if the Company is responsible or liable for the damage by the application of Consumer Contract Law of Japan or other reasons, the responsibility and liability of the Company for the damage are limited to 500 JPY.
Article 13 Indemnification by the User
13.1 The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the Registered User of any provision of the Terms or resulting in connection with the use by the Registered User of the Service.
13.2 The Registered User shall immediately notify the Company of any claim against the Registered User brought by other Registered Users, the Third Party Providers or other third parties in connection with the Service or of any dispute arising between the Registered User and any of the other Registered Users or other third parties, and shall settle such claim or dispute at its own expense and responsibility and report the processes and results of the settlement to the Company at the request thereof.
13.3 In cases where a claim is brought against the Company by other Registered Users, the Third Party Providers or other third parties by reason of infringement of rights or for any other reason with respect to the use of the Service or the Data by the Registered User, the Registered User shall compensate the Company for any amount of money which the Company has been forced to pay to such other Registered Users, the Third Party Providers or other third parties based on such claim.
Article 14 Effective Term
The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the earlier of the termination of the registration or the cessation of the provision of the Service.
Article 15 Amendment and Changes to Terms, etc.
15.1 The Company reserves the right to make amendment or change to the contents of the Service without restriction.
15.2 The Company reserves the right to make amendment or change to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article 15). In the event of any amendment or change to the Terms, the Company shall notify the Registered User to that effect. If the Registered User uses the Service, or fails to take steps to cancel the registration within the time specified by the Company after the notice set forth above, the Registered User shall be deemed to have agreed to such amendment and change made to the Terms.
Article 16 Notice
Any inquiries with respect to the Service or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.
Article 17 Assignment of Terms
17.1 The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of its status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.
17.2 In cases where the Company assigns the business regarding the Service to a third party by any means such as business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance.
Article 18 Entire Agreement
The Terms constitute the entire agreement between the Company and the Registered User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the Registered User with respect to the matters contained herein.
Article 19 Severability
If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.
Article 20 Survival of Provisions
The provisions of Articles 5.2, 7.3, 8, 9, 10, 11.3, 12, 13, and 17 through 21 shall survive the expiration or termination of the Terms and remain in full force and effect.
Article 21 Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan without regard to conflict of laws principles. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.
Article 22 Resolution Through Discussion
Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.
Effective date on Feb 13th, 2018
