Section 1: Terms of Subscription
These Terms of Subscription relate to "JAPAN METAL BULLETIN", the pay mail magazine (hereinafter called "Mail News") issued by Sangyo Press Co., Ltd. (hereinafter called "we") and subscribed to by the subscriber as defined in Section 3 below (hereinafter called "Subscriber"or "you" as the case may be).
Section 2: Services Provided
We will provide services to distribute the Mail News to the Subscriber as defined in Section 3 below. If you are interested in subscribing to the Mail News, you need to access to our website or inquire us directly. You also need to provide for all necessary equipment, software and means of communications at your own responsibility and expense, and install and operate them properly.
Section 3: Subscriber
The Service Agreement (hereinafter called "Agreement") including the Terms of Subscription between us and those who wish to subscribe to the Services (hereinafter called "Applicant" or "you" as the case may be) shall be deemed concluded when the notice of completed payment is received by the Applicant, and at such point of time the Applicant will become the subscriber.
Section 4: Change in Information Furnished
In the event there is a change in information you have furnished with us, you shall notify us of any such change according to a manner as set forth separately by us.
Section 5: Withdrawal and Cancellation of Subscription
1.The Subscriber may discontinue the subscription by following the withdrawal procedures as set forth separately by us.
2. In the event any of the following occurs, we reserve the right to cancel your subscription without prior notice to you.
(1) You have performed an act that is prohibited in or in violation of Terms of
Subscription.
(2) You have provided us with false information.
(3) It has been found impossible to provide the services to your e- mail address registered with us.
(4) It has been found that you no longer have the right to use the e-mail address registered with us.
(5) Apart from each of the above, we have judged that you no longer have adequate qualifications as Subscriber or that our provision of the services may be disrupted.
3. In the event we have disqualified you pursuant to the above article, we have no obligations to you and you shall waiver all the rights you may have at the time of disqualification.
4. In the event of disqualification as described in the preceding Article 1, you shall perform all the obligations including the payment of any outstanding subscription fee pursuant to Terms of Subscription and shall agree that any subscription fee already paid will not be refunded.
Section 6: Your Responsibility as Subscriber
1. You shall be responsible for any and all consequences arising from the subscription of the magazine and any and all of your acts associated with the said subscription.
2. In the event you cause any damage to us or to a third party including such damage as may be caused by your non-performance of the obligations under the Term of Subscription, you shall fully indemnify us or the third party affected at your own responsibility and expense.
Section 7: Restriction on Use of Information
1. You shall not use information provided by us through the Mail News (hereinafter called "Information") except for your own private and non-commercial use as permitted under the copyright laws.
2. With or without charge, you shall not permit a third party to use information without our consent or that of any other copyright holder.
3. In the event a problem arises due to your violation of Terms of Subscription, you shall be wholly responsible for resolving such problem at your own responsibility and expense, and shall hold us free and harmless from any consequences.
Section 8: Other Prohibitions
You shall not perform any of the following acts.
1. Perform an act that violates or may infringe on our copyright or any other rights, or those of other subscribers or any other third party.
2. Perform an act that infringes on or may infringe on our properties, or those of other subscribers or any other third party.
3. Perform an act that damages or may damage our interests, or those of other subscribers or any other third party.
4. Perform an act that is or may be against public order and standards of decency.
5. Perform a criminal act or an act that leads to or may lead to a crime.
6. Perform an act to profit from the magazine or a preparatory act thereof without our authorization.
7. Perform an act that disrupts or may disrupt the operation of the Mail News.
8. Perform an act that discredits or may discredit the Mail News.
9. Perform a fraudulent act that includes but is not limited to providing us with the e-mail address of a third party.
10. Perform an act that uses or provides harmful programs including computer viruses through or in connection with the Mail News or an act that may lead to such use or provision.
11. Perform an act that is or may be illegal or unlawful.
12. Perform an act that is inappropriate in our judgement.
Section 9: Subscription Fee of the Services
1. The subscription fee and the calculation thereof shall be as set forth separately by us.
2. Should you cancel your subscription after our services to distribute the Mail News have commenced, the subscription fee already paid shall not be returned to you regardless of reason.
Section 10: Payment of Subscription Fee
The payment of subscription fee shall be made by credit card issued by a credit card company approved by us in accordance with the terms and conditions as set forth by the said credit card company, provided, however, the card holder and the payer of the subscription fee must be the same.
Section 11: Distribution of the Mail News
1. The Mail News shall be distributed to you on the distribution dates as set forth by us.
2. You agree that our services to distribute the Mail News may be temporarily or permanently suspended by us.
3. You agree that contents of the Mail News may be changed by us.
Section 12: Effective Subscription Period
The effective period of the Mail News subscription shall commence on the date of Application and terminate on the date when your notice to cancel the subscription is received and accepted by us or in the event we discontinue our services to distribute the Mail News, on the date when we issue to you a notice to such effect.
Section 13: Distribution of Advertisements
We reserve the right, at our discretion, to attach or include in the Mail News distributed to you advertisements that sponsors or advertisement agents or any similar parties judged appropriate by us may wish to carry.
Section 14: Response to Irregularity
1. In the event you find any irregularity, malfunction or disruption in connection with the distribution of the Mail News, you shall use your best efforts to report such abnormality to us promptly.
2. In the event we find, either through your report as referred to in the preceding article or by ourselves that a irregularity, malfunction or disruption has occurred on the equipment used for the distribution service of the Mail News, or that the said equipment has been lost or damaged, we will use our best efforts to repair or restore such equipment promptly.
3. In the event it becomes necessary for us to suspend our services to distribute the Mail News in order to repair or restore the equipment in question as referred to in the preceding article, we will notify you beforehand. However such notice may not be given in case of an emergency.
4. We shall not be held responsible for any consequences arising from our suspending the distribution of the Mail News while we or any other parties duly assigned by us are engaged in work to repair or restore the equipment in question as provided in Article 2 of this Section, unless such suspension is caused by intention or by a grave negligence on our part.
Section 15: Suspension of Services
1. In the event an act of God or an emergency occurs or is likely to occur, or we undertake scheduled or unscheduled maintenance work on the equipment used for our services to distribute the Mail News, we have the right, at our discretion, to interrupt or suspend, either entirely or partly, such services.
2. In addition to the foregoing, there may be other occasions when we suspend, either entirely or partly, our services to distribute the Mail News.
3. In the event an occasion as referred to in the preceding article happens, provisions of Articles 3 and 4 of the preceding Section shall apply.
Section 16: Credit Card
You shall agree to the following in respect to the payment by credit card.
(1) to make payment of the subscription fee in accordance with the terms and conditions as set forth by the credit card company as specified by us and selected by you.
(2) to continue making payment by the above-referenced credit card unless you notify us otherwise.
(3) to make payment of the subscription fee even in case we request for payment by a different credit card number from what has been furnished us at the instructions of the credit card company concerned.
(4) to promptly notify us in the event contents of your credit card including the number and the validity date have been changed.
(5) to agree that your payment of the subscription fee by credit card may be terminated without your consent in the event you have been disqualified as a credit card holder, or we or the credit card company judge it prudent to take such action in light of the payment status of your credit card.
(6) to agree that our services to distribute the Mail News shall not be provided in the event effective information has not been furnished to us concerning a mistake or a change in your credit card number.
(7) to settle and resolve any dispute that may arise between you and your credit card company and/or its agent in connection with the subscription fee or any other obligations, and hold us free from any responsibility thereof.
Section 17: Your Information
1. You agree to our using your e-mail address registered with us or other information pertaining to you for our services to distribute the Mail News. We shall not disclose or offer to a third party your information registered with us that may reveal your identity. However, our related companies or affiliates covered under confidentiality agreement with us for the purpose of planning, producing and operating the Mail News shall be excluded from the "third party" as meant herein and you agree to such exclusion.
2. Notwithstanding the provision of the preceding article, we may disclose or offer such information only when so requested by legal institutions including court, public prosecutor's office or police, and you agree to our doing so.
Section 18: Change of Terms of Subscription
1. We reserve the right to change or modify the Terms of Subscription from time to time.
2. In the event the Terms of Subscription have been changed or modified, either entirely or partly, we will promptly publish such changes or modifications on the home page linked to the Mail News.
Section 19: Notice
1. All notices and other communications from us to you under the Terms of Subscription shall be given via e-mail or in writing. Such notices and communications shall be deemed to have been given when sent to your address registered with us.
2. Notices as referred to in the preceding article shall be deemed delivered after a period of time it takes for such notices to be delivered under normal circumstances. (Or in case of e-mail such notices shall be deemed delivered at the time of transmittal.)
3. We have the right to substitute notices to all the Subscribers as referred to in the preceding article with announcements on the home page linked to the Mail News. In such case, notices shall be deemed delivered when such announcements are made.
4. Notices and other communications from you to us in connection with the Terms of Subscription shall be given via e-mail to our e-mail address.
5. Notices under the preceding article shall be deemed delivered to us when such e-mail has been received by us in a condition legible to us.
Section 20: Assignment
1. With due notice to you, we have the right to assign all or part of our positions, rights and obligations under the Terms of Subscription to a third party.
2. Without our prior written consent, you shall not assign or lease to a third party, pledge, offer as security or otherwise dispose, or allow a third party to temporarily use all or part of your positions, rights and obligations under the Terms of Subscription.
Section 21: Governing Law
The construction, validity, performance and interpretation of the Terms of Subscription shall be governed by substantive laws of Japan.
Section 22: Jurisdiction
Exclusive jurisdiction in respect to the first trials of all the disputes arising from or in connection with the Terms of Subscription shall lie with The Tokyo District Court.
Section 23: Consultation
In the event a problem arises between you and us in connection with our services to distribute the Mail News, you and we will consult each other in good faith with a view to resolving such problem.
Section 24: Other Matters not Stipulated in the Terms of Subscription
You agree that all other matters not stipulated in the Terms of Subscription
shall be subject to our discretion.