Introduction

These Terms of Use (hereinafter called the “Terms”) stipulate the matters which any customer (hereinafter called “User”) is required to agree to in relation to his/her use of “WWW.GRAVIMORPH.ART” (hereinafter called the “Site”) operated by Nozaki Limited (hereinafter called “Company”).

If you, as User, use any services provided by Company on the Site (hereinafter called the “Services”), the Terms apply to you. At the time when you start using the Services, you are deemed to have agreed to the Terms. Therefore, please be sure to carefully read and understand the Terms before you start using the Services.

In the Terms, the term “User” means any individual or group who uses the Site for any purpose.

Use

User may use the Site by agreeing to his/her compliance with the Terms and the privacy policy of Company (hereinafter called the “Privacy Policy”) and providing Company with his/her information designated by Company by the method designated by Company. If User breached any provision of the Terms in the past or if Company considers that User may breach such provision, such User may not use the Site.

Prohibited Acts

User shall not perform or cause third parties to perform any of the following acts in using the Site.

1. Breach of any applicable laws, regulations, court judgments/decisions/orders or legally binding administrative measures, or act which promotes or may promote such breach;
2. Fraud or threat against third parties, act which is or may be contrary to public order or morals (public policy) or act which infringes or may infringe on any intellectual property rights, portrait rights, privacy, honor or other rights or interests of third parties;
3. Reverse engineering;
4. Act of placing any excessive burden on the systems or networks of the Site for the purpose of interfering with the operations of the Site or Company;
5. Unauthorized access to any systems connected to the Site, act of wrongfully falsifying or deleting any information stored in the equipment of Company, or act of giving any damage to Company;
6. Sending of any information including computer viruses or other harmful computer programs; or
7. Any other act which Company considers to be inappropriate.

Privacy

User shall carefully read and understand the Privacy Policy of Company applicable to its handling of personal information in providing Company with his/her personal information.

Change or Suspension of the Site

Company may, at its own discretion, temporarily or permanently change, suspend or cease all or any part of the operations of the Site at any time without any notice to User. Company shall not be liable for any results arising from such change, suspension or cessation.

Revision of the Terms

Company may, at its own discretion, revise, change or alter any provision of the Terms and post it with a change notice on the Site. In the case of any revision, the details of such revision shall be posted on the Site. If User continues to use the Site after posting of such change notice, such User shall be deemed to have accepted such revised Terms.

Compliance with Laws and Regulations

User shall comply with all applicable laws, regulations, rules, terms and conditions in connection with the Site, including but not limited to, laws related to intellectual property rights and the Act of the Protection of Personal Information.

Ownership of Rights

All intellectual property rights relating to the Product and any content of the Site belongs to Company or persons who grant to Company licenses for it as licensors. Granting to User a license to use the Site under the Terms does not mean granting to User any license to use the intellectual property rights of Company or its licensors.

User may not adapt, edit or alter any information or content provided by Company, cause third parties to use it or disclose it without obtaining prior consent from Company. User shall not perform, for any reason, any acts which may infringe on any intellectual property rights of Company or of its licensors (including but not limited to disassembly, decompilation or reverse engineering).

Any trademarks, logos and/or service marks (hereinafter collectively called the “Trademarks”) may be displayed or shown on the Site. However, Company does not transfer the Trademarks to User or third parties or does not license User or third parties to use the Trademarks.

Links and Third-Party Websites

Company shall not be liable for any content on websites linked to or from the Site. User shall gain access to such third-party websites under his/her own responsibility. Company may provide User with any links to other websites, but Company provides such links only for convenience for User. Company does not make any express or implied representation relating to accuracy, effectiveness, eligibility or legality of any materials, content or information on such websites and disclaim any warranty for such materials, content or information.

Disclaimer: No Warranty or No Representation

Company strives to include accurate and latest information in the Site, but Company does not make any warranty of any content posted on the Site on an as-is basis. In addition, to the extent permitted by laws, Company shall not be liable for any direct, indirect, incidental or consequential damages, loss of data, loss of profits, punitive damages or claims from third parties arising, in any way, from User’s use of any information, content or the Product provided on the Site, User’s access to the Site or User’s inability to use them or for any other damages arising from or in connection with User’s use of the Site. Furthermore, Company shall not be liable for any damages given to User’s computers or other properties or for any virus infection of such computers or properties arising from User’s access to the Site, use of the Site, view of the Site or download of information from the Site.

Even if any terms, conditions or provisions of the Terms are invalid, such invalidity shall not affect the enforceability of any part of the Terms which any competent court considers to be effective.

Indemnity

User agrees to indemnify and hold Company and its directors, executive officers, employees, agents and affiliated companies harmless from and against any and all liabilities, responsibilities, losses, claims, demands, requests, disputes, damages and any expenses/costs of any kind (including but not limited to reasonable attorney’s fees) arising from User’s connection to the Site, breach of the Terms, information transmission through the Site, content submitted on the Site or use of the Site.

Severability

If any provision of the Terms is held by any competent court or enforcement authority to be invalid, such provision shall be handled so that the purport of the Terms may be reflected as much as possible and the remaining provisions of the Terms shall continue in full force and effect.

Governing Law and Jurisdiction

The Terms shall be governed by and construed in accordance with the laws of Japan, regardless of the conflict-of-laws principles. Any dispute, controversy or claim which may arise out of or in relation to the Terms including the effectiveness, invalidity, breach or termination of the Terms shall be subject to any court’s judgement or arbitration in accordance with the provisions of the Terms. If any provisions of the Japanese laws are different from any mandatory provisions of consumer-related laws in User’s country, Company shall provide such User with the same protection as stipulated in such consumer-related laws. Any dispute arising out of or in relation to the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan for the first trial.

Consultation

Any matter not stipulated in the Terms or any doubt about interpretation of the Terms shall be discussed and promptly resolved between User and Company in accordance with the principle of good faith and fair dealing.



Last updated: January 2021