Website Policy

Website Acceptable Use Policy

Welcome to the website of GOLDWIN Inc. (“Company” or “we”/“us”). This Website Acceptable Use Policy (“Policy”) sets out the terms (“Terms”) between you and us, under which you may use our website [https://www.goldwin.co.jp/] (“Site”) and applies to all users of, and visitors to, this Site. Your use of or visit to this Site means that you accept, and agree to abide by, all the Terms. We may revise this Policy at any time by updating this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Please be sure to confirm the latest version of the Terms before using this Site, and if you do not agree to the Terms, do not use this Site. Responsibility and payment for the appropriate hardware, software and communications media required to access this Site rests solely with you. The Company is, in any way, not involved in nor responsible for the preparation and/or the method you use to access the internet.

Copyright Restriction

Copyrights for all content on this Site, including, but not limited to, text, photographs, videos, music, logos, designs and layouts are the property of the Company and/or the respective rights holders that have given usage permission to the Company. The copyrights are protected under any applicable local or national laws and regulations, or international copyright treaties. You are not permitted to download, copy, repost, modify, present, transmit, transfer, license, delete, sell, publish, republish or adapt all or any of the content on this Site without prior consent by the Company. You may download, view, copy or print the contents solely for your own personal and non-commercial purposes with the description/mark of existing intellectual property, such as copyright, patent and/or trade mark, kept intact, provided, however, that any modification or use for other purposes or using such contents on another website or computer network is prohibited. In terms of any software downloaded from this Site and the contents thereof such as files and images embedded in or generated by the software (“the Software”), the Company does not transfer any right and benefit, including but not limited to any intellectual property thereof, to you. Copyrights to the downloaded Software will remain the property of the Company and/or the respective rights holders that have given usage permission to the Company. You are not permitted to retransmit, sell, modify, decompile, disassemble, reverse engineer or in any way reveal the coding of downloaded software. The trade names or marks of “Goldwin” and other products produced by the Company are the trademarks of the Company, and those of others that appear on this Site belong to the other respective companies. The Trademark Act, the Commercial Code and other laws protect such trade names or marks, and you are not permitted to use them without prior permission.

Unsolicited Submission

You are always welcome to comment on the Company and our products and services, however, please be aware that the Company has a policy of not accepting, evaluating or considering unsolicited proposals and/or reference materials. This is to avoid potential conflicts or disputes concerning the origin and intellectual property rights to any of your submissions that may coincidentally be identical to or resemble an idea on products or services that have been created and/or developed by the Company. Accordingly, you are required to hereby acknowledge and agree not to send us any proposals for programs, characters or ideas for our business, or any artwork or concept that is your original creation unless we explicitly request you do so in writing. Notwithstanding the above, should you submit an unsolicited proposal (the “Proposal”), the Proposal and concepts contained therein will be deemed to have become the exclusive property of the Company and we will not be bound by any restrictions on confidentiality, usage or publication. The Company will have full claim on all rights, both existing and future over the Proposal, and will be free to use the Proposal at its sole discretion for commercial purposes or otherwise, without any obligation, including but not limited to compensation payable to you.

Prohibition

You are not permitted to do any of the following on this Site regardless of ways that you use to communicate, including, but not limited to, e-mail, chat or message boards. You may not:
  1. use obscene or violent words or phrases nor commit obscene, threatening or violent acts;
  2. infringe or jeopardize the asset or privacy of the Company or a third party;
  3. cause nor potentially cause damage and/or loss to the Company or a third party;
  4. disturb nor threaten public order and morals;
  5. commit nor abet a criminal or potentially criminal act;
  6. post false or misleading statements;
  7. engage in, nor make preparations for, an activity for commercial purposes;
  8. cause damage to the reputation of and trust in the Company or third party;
  9. use nor upload malware or files liable for infection by a computer virus; nor
  10. conduct any activity prohibited by law or any activity with the potential to solicit crime.

Withdrawal of Consent

You may withdraw your consent to the Terms by removing from your possession all Software and text and all related items such as copies of the same that you have obtained through any manner from this Site, subject to verification by the Company that you have done so. The Company may compel you to remove from your possession any Software, text and all related items such as copies of the same that you have obtained through any manner from this Site or any other website if the Company determines that you have violated any of the Terms of this Site.

Disclaimer

The Company devotes a great deal of care toward administering this Site, but makes no guarantee that this Site is functionally trouble-free at all times or that the information this Site carries is correct, accurate, useful, dependable, suited to your needs, does not infringe anyone’s rights or is safe (free of errors that may cause crashes or interruptions to your connection, does not generate errors, compensates for errors, and is free of bugs or malware on this Site itself or its server, etc.). The Company assumes no liability and/or obligation in connection with any damage or loss incurred by you or a third party because of an inability to access and/or use this Site. The Company will not assume any responsibility at all for any damage to hardware or software, or loss of data that may occur to your computer system when you access or use this Site. If, however, you should incur loss or damage attributable to an intentional act or negligence by the Company, we will take responsibility for compensation to you. The amount of the compensation will be limited to the amount you have paid for a given purchase unless the loss or damage is caused by malice or gross negligence on the part of the Company. Please be advised that although information on this Site is current at the time of posting, some outdated information may remain, including information on discontinued products. Please also note that the Company may change the contents of this Site without notice, or temporarily or permanently take this Site offline at any time. We have no responsibility for any loss or damage that you may incur because of a change made to this Site or because this Site is offline.

Your Liability for Damages

In accessing and using this Site, you are deemed to agree not to inflict any damage on the Company and its directors/officers, employees or representatives and to compensate for such damage that you inflict upon any of the aforementioned parties, either intentionally or accidentally.

Use of Links

Third party websites linked from or to this Site (“Linked Sites”) are independently operated and maintained by the respective third parties and are not under control of the Company. Therefore, we will not assume responsibility for the usability of the Linked Sites or the software they employ, or the advertisements, products, functions, etc., found on the Linked Sites. The Company shall not assume any responsibility for any loss or damage, regardless directly or indirectly, arising out of the software, advertisements, products or services found on the Linked Sites. The fact that any Linked Site links to this Site does not mean that we endorse use of the Linked Site, the products or services it carries, or any third party that owns the Linked Site, nor indicates any partnership or otherwise special relationship between the Company and such third party.

Recommended Browsers

We recommend you use any of the following browsers to access this Site. Using other browsers may prevent the proper operation of certain functions. Recommended Browsers PC 【Windows】 Internet Explorer 11 or later Edge, latest version Firefox, latest version Chrome, latest version 【Mac】 Safari, latest version Firefox, latest version Chrome, latest version Smartphones and tablets 【Android】 *Android OS 4.4.4 or later Chrome, latest version 【iOS】 *iOS 9 or later Safari, latest version

Prohibition of Use and Removal of Membership

The Company has the right to prohibit you from using this Site or to remove your membership without prior notice in any of the events listed below:
  1. it is discovered that you have had your membership deleted in the past due to committing an infraction of any terms or conditions relating to services provided by the Company;
  2. it is discovered that you have registered false information (including an address or a residence in Japan that cannot be confirmed);
  3. it is discovered that you have, without justifiable reason, been exceedingly late in paying for a service provided by the Company, been unable to receive delivery of a product for an extended period of time, refused to return a product and/or accept a product in exchange or otherwise defaulted on an agreement;
  4. it is discovered that you have committed in the past an act that is prohibited under the Terms; or
  5. the Company reasonably determines that your use of this Site or continuation of your membership is improper.
In addition to the above-mentioned prohibition and/or removal, the Company has the right to take other appropriate measures against infractions, and is not obligated to reveal the rationale for those measures. We are not responsible, in any way, for damage incurred by you or a third party due to your losing access to our services because of such removal of your membership. Prohibition of use and/or removal of membership will not release you from liability to pay invoices or fulfill any other obligations.

OTHER

The laws of Japan govern interpretation and application of the Terms of this Site. Unless otherwise stated, the Tokyo District Court of Japan has the exclusive jurisdiction over the first trial for all disputes arising in connection with use of this Site.

Applicable Version

The original version of this Policy was prepared in Japanese. In case of any discrepancy between the English and Japanese versions, the Japanese version prevails over the English version.
 

Reviced November 29, 2018