(These Terms of Use were last updated on 18th January 2020.)
Scope of Application
These terms of use refer and apply to the RONJIRU JAPAN website (https://www.ronjirujapan.com/) [the “Website”] and RONJIRU JAPAN [the “Owner” of the Website, also “We/Us/Our”] and users [also “You/Your” (an individual acting on behalf of Yourself or a business entity)] who visit the Website. The terms of use do not apply to other individuals’, companies’ or organizations’ websites, social media or other online resources to which the Website links.
Authority; Legal Notices
These Terms of Use [the “Terms”] constitute an agreement between You and RONJIRU JAPAN. This agreement governs Your access and use of the web pages, interactive features, applications, widgets and their respective contents on the Website.
You represent and warrant that You possess the legal right to agree to these Terms. You agree to be responsible for any unauthorized use of the Content caused directly or indirectly by You.
All information, materials, data and electronic files of any kind whatsoever [collectively, the “Content”] contained and posted on the Website are provided by RONJIRU JAPAN for informational purposes only. The Content is governed by and subject to the terms and conditions stated in these Terms. RONJIRU JAPAN reserves the right to update the Terms at any time without notice, and may also make improvements and/or changes to the information found on the Website at any time without notice. By accessing, using or downloading any of the Content contained on the Website, You agree to be bound by these Terms. If You do not agree to be bound by these Terms, You may not access or otherwise use the Content.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. THE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE CONTENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THE TERMS ALSO INCLUDE A JURY WAIVER.
Use of the Website is subject to the terms of RONJIRU JAPAN’s Privacy Policy, which is hereby incorporated into and made part of these Terms. Please carefully review our Privacy Policy. By using the Website, You acknowledge that You have read, and You agree to be bound by, the terms of our Privacy Policy. RONJIRU JAPAN reserves the right, and You authorize RONJIRU JAPAN, to use information regarding Your use of the Website and any other personal information provided by You in accordance with our Privacy Policy. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in these Terms.
Copyrights
You acknowledge and agree that the Content (including the Website’s design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof) available on the Website is the property of RONJIRU JAPAN, and is protected by copyright, trademark, domain name, service marks, or other rights and laws.
You will not obtain any ownership interest, license or claim to/in the Content or the Website through these Terms or otherwise. All rights not expressly granted in the Terms are reserved to their respective copyright owners. Except as expressly authorized by RONJIRU JAPAN, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of RONJIRU JAPAN or the respective copyright owner. RONJIRU JAPAN authorizes You to view and download the Content only for personal, non-commercial use, provided that You keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use it for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos [collectively, “Branding”] contained or described on the Website (including, without limitation, any marks associated with any products available on the Website) are the sole property of RONJIRU JAPAN and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of RONJIRU JAPAN and/or its licensors.
Permitted Uses and Restrictions
Use of the Content for any purposes, including reposting, republishing or retransmission, not expressly permitted in these Terms is prohibited. There is no implied consent for any repost, republication or retransmission of the Content. No part of the Content from the Website may be posted to any web page, gopher or FTP site, bulletin board system or other electronic archival database, or republished or made available for a fee, except with RONJIRU JAPAN’s express written consent.
The right to use the Content is a license, not a transfer of title, and is subject to the restrictions stated in these Terms, including Your responsibility to keep intact all copyright and other proprietary notices. Unless You receive specific written permission from RONJIRU JAPAN, You shall not:
(a) modify the Content or use it for any commercial purpose;
(b) assign, transfer or sublicense any rights granted to You through these Terms;
(c) offer any of the Content for sale or rental;
(d) de-compile, decode, reverse engineer, or disassemble any software which is included as part of or involved in presenting the Content;
(e) remove any copyright, trademark or other proprietary notices from the Content;
(f) take any actions which interfere with the copyrights of RONJIRU JAPAN; or
(g) copy, display, transfer, license, reproduce, publish, download, upload, post, transmit, distribute or sell, in whole or in part, the Content or use the Content to create a derivative work. Except as expressly provided in these Terms, there are no other express or implied rights granted to You.
Furthermore, You agree to use the Website only for lawful purposes, and that You are responsible for Your use of the Website. You agree not to use the Website or the Content in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website.
Specifically, in accessing the Website, You shall not
- harm other persons, in particular minors, or infringe their personal rights;
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which You are not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material, and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
These Terms are effective unless and until terminated by either You or RONJIRU JAPAN. You may terminate the agreement inherent in the Terms at any time, provided that You discontinue any further use of the Website. RONJIRU JAPAN also may terminate or suspend these Terms, at any time, without notice, and accordingly deny You access to the Website, for any reason, including without limitation, if in RONJIRU JAPAN’s sole discretion You fail to comply with any term or provision of the Terms or Your use is harmful to the interests of another user, or RONJIRU JAPAN, or any third party. Upon any termination of usage based on these Terms, by either You or us, You must destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials.
RONJIRU JAPAN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated herein, You agree that RONJIRU JAPAN shall not be liable to You or to any third party for any modification, suspension or discontinuation of any part of the Content on the Website.
Links
RONJIRU JAPAN and/or the Website may provide links to external websites, social media or other online resources owned or maintained by a third party [“Third-party Website(s)”], but have no control over such sites and resources. You acknowledge and agree that RONJIRU JAPAN is not responsible for the availability of such Third-party Websites. RONJIRU JAPAN does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third-party Websites, and will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on any such content, goods or services available on or through any Third-party Website.
Likewise, please understand that the Website may be linked to by Third-party Websites that are not under the control of and are not maintained by RONJIRU JAPAN, and that RONJIRU JAPAN is not responsible for the content of those Third-party Websites.
Viruses
Although RONJIRU JAPAN makes every endeavor to keep the Website free from viruses, RONJIRU JAPAN cannot make any guarantee that it is virus-free. You, as user, shall for Your own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information or Content.
Disclaimer and Exclusions
A. Disclaimer of Warranties.
RONJIRU JAPAN MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE WHATSOEVER. THE CONTENT IS PROVIDED “AS IS,” WITH ALL FAULTS, WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Because some countries/jurisdictions prohibit the exclusion of implied warranties, the above exclusions may not apply to You. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND WARRANTY DISCLAIMERS ARE VALID TO THE FULLEST EXTENT PERMITTED BY LAW.
B. Limitation of Liability.
The Content on the Website may contain inaccuracies or typographical errors. RONJIRU JAPAN does not warrant the accuracy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such advice, opinion, statement or other information shall be at Your sole risk. RONJIRU JAPAN assumes no responsibility for any damage, liability or other loss arising from Your use of the Content or any claim of infringement of any third-party’s rights or other violation that arise as a result of Your use of the Content. IN NO EVENT SHALL RONJIRU JAPAN BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OR INACCURACY OF DATA, LOSS OF PROFITS, LOSS OF SAVINGS, THE COST OF PROCUREMENT OF SUBSTITUTED GOODS, SERVICES OR TECHNOLOGIES, OR FOR ANY MATTER BEYOND ITS REASONABLE CONTROL), ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION IN TORT, EVEN IF RONJIRU JAPAN WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, THIS LIMITATION INCLUDES ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RONJIRU JAPAN AND YOU. THE WEBSITE AND ITS CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some countries/jurisdictions do not allow the exclusion or limitation for certain damages such as direct, incidental, special or consequential damages, so the above limitations may not apply to You. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Information from Third Parties
The Content may contain information provided by third parties and/or links to websites or online resources operated by third parties. If You visit or use such Third-party Websites, You do so at Your own risk. RONJIRU JAPAN does not operate or control in any respect any third party information or Third-party Website, and, therefore, makes no warranty or representation regarding, and does not endorse, any information or links appearing thereon. Links should not be construed as RONJIRU JAPAN sponsorship or endorsement of any linked Third-party Website or the information contained thereon, or that RONJIRU JAPAN is affiliated or associated with, or is legally authorized to use the trademark, trade name, logo or copyright symbol displayed in such Third-party Website. All brand and product names referenced or included in the Content are trademarks or service marks of their respective holders.
Information Provided by You
RONJIRU JAPAN does not want You to, and You should not, send any confidential or proprietary information to RONJIRU JAPAN via the Website. You agree that any information or materials that You, directly or indirectly, provide to RONJIRU JAPAN via the Website will not be considered confidential or proprietary. By providing information and/or materials to RONJIRU JAPAN via the Website, You grant to RONJIRU JAPAN an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, transmit and distribute such information and material. You further agree that RONJIRU JAPAN may use any ideas, concepts or know-how that You provide. You further warrant and represent to RONJIRU JAPAN that any information or materials provided to RONJIRU JAPAN by You shall not include any information or materials that is defamatory, threatening, obscene or otherwise unlawful or that incorporates the proprietary material of a third party. You acknowledge that You, not RONJIRU JAPAN, have full responsibility for the content that You submit, which includes the legality, reliability, appropriateness, originality and copyright.
Applicable Law; Jurisdiction; Dispute Resolution
A.
The Website is owned and operated by RONJIRU JAPAN from within Japan. RONJIRU JAPAN makes no representations or warranties that any of the Content is appropriate or lawful in any foreign country, or that any items or applications offered for sale or download through links on the Website will be available outside Japan. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
B.
These Terms, and use of the Website shall be governed by the laws of Japan, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. By using the Website, You irrevocably consent to the jurisdiction of Japanese courts for all disputes arising out of or relating to the use of the Content. The parties agree that any claim or dispute one party has against the other party arising under or relating to these Terms (including claims in contract, tort, strict liability, statutory liability, or other claims) that is not resolved within the scope of these Terms must be resolved exclusively by a court of competent jurisdiction, national or prefectural, located in Japan, and no other court. Each party agrees to submit to the personal jurisdiction of such courts and to accept service of process from them.
C.
These Terms shall be governed by, construed and enforced in accordance with the laws of Japan, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
D.
It is RONJIRU JAPAN’s goal that the Content meet Your expectations. However, there may be instances when You have a problem or dispute that needs special attention. In those instances, RONJIRU JAPAN is committed to working with You to reach a reasonable resolution that satisfies You; however, We can only do this if We know about and understand Your issue. Therefore, for any problem or dispute that You may have with RONJIRU JAPAN, You acknowledge and agree that You will first give RONJIRU JAPAN an opportunity to resolve Your problem or dispute. This includes You first sending a written description of Your problem or dispute using the following contact form on the Website: www.ronjirujapan.com/contact/.
You then agree to negotiate with RONJIRU JAPAN in good faith about Your problem or dispute. This should lead to resolution, but if for some reason Your problem or dispute is not resolved satisfactorily within sixty (60) days after RONJIRU JAPAN’s receipt of Your written description of it, You agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Website or these Terms, shall be final and binding arbitration, except to the extent that You have in any manner infringed upon or violated or threatened to infringe upon or violate RONJIRU JAPAN’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case You acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by RONJIRU JAPAN and/or the applicable third party(ies).
Arbitration under these Terms shall be conducted by the case-specific relevant arbitration association in Japan. Fees, costs and expenses for any such arbitration shall be negotiated by both parties, based on the claim. Except in cases of claims raised against RONJIRU JAPAN from You or any third party that are determined to be frivolous, deliberately malicious, or relating to a matter that is not clearly codified in current law, RONJIRU JAPAN agrees not to seek an award of attorneys’ fees in arbitration unless an award is otherwise available under applicable law.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE WEBSITE OR ITS CONTENT, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL VIA THE CONTACT FORM AT www.ronjirujapan.com/contact/. Any opt-out received after the thirty (30) day time period will not be valid and You must pursue Your claim via arbitration pursuant to these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
BOTH YOU AND RONJIRU JAPAN AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND RONJIRU JAPAN BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by You related in any way to the Website or these Terms be instituted more than one (1) year after the cause of action arose.
Modifications
RONJIRU JAPAN reserves the right to change or revise these Terms without prior notice. Your continued use of this Website following the posting of modifications to these Terms constitutes acceptance of such changes. RONJIRU JAPAN may terminate, change, suspend or discontinue any aspect of the Website, availability of the Website or features of the Website at any time. RONJIRU JAPAN may also impose restrictions on features and services and may limit Your access to the Website without notice or liability.
Export Control Laws
RONJIRU JAPAN makes no representation that the Content of the Website is appropriate or applicable to the location in which You are situated. Accessing the Content from territories where its contents are illegal is prohibited. You agree that by accessing the Website, You do so on Your own initiative and You are responsible for compliance with the applicable local laws.
If You transfer information or content from the Content to a third party, You shall comply with all applicable national and international (re-) export control regulations.
No Agency or Partnership
You agree and acknowledge that no joint venture, partnership, employment or agency relationship exists between You and RONJIRU JAPAN as a result of You accessing and using the Content contained in the Website. You acknowledge that You have no authority or power to bind RONJIRU JAPAN and You will not represent or hold Yourself out as having such authority or that You are a representative, agent or employee of RONJIRU JAPAN or any of its subsidiaries and affiliated companies. In no event shall RONJIRU JAPAN be liable for any representation, act or omission made by You.
Termination
RONJIRU JAPAN may terminate Your right to use the Content at any time for any reason without incurring any liability to You whatsoever, if You breach any term contained in these Terms. Upon termination, You shall immediately cease using any of the Content and destroy all versions and copies of the Content in Your possession.
Sever-ability
If any provision or portion of a provision of these Terms is held to be invalid or unenforceable for any reason, such invalidity shall not affect the validity of the balance of that provision and/or remaining provisions of these Terms, which shall remain valid and enforceable.
Entire Agreement
These Terms constitute the entire agreement between You and RONJIRU JAPAN with respect to the Website and supersedes all prior or contemporaneous communications and proposals in any medium between You and RONJIRU JAPAN.
Miscellaneous
Any rights not expressly granted in these Terms are reserved by RONJIRU JAPAN.
The failure of RONJIRU JAPAN to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit RONJIRU JAPAN’s right thereafter to insist upon strict adherence to that term or any other term of these Terms. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Limitation of Liability” provisions of these Terms are for the benefit of RONJIRU JAPAN as defined herein, and RONJIRU JAPAN shall have the right to assert and enforce these provisions directly against You on its own behalf.
RONJIRU JAPAN. All rights reserved.