Introduction
The "Fitness Shop" provided by THINK Fitness Co., Ltd. is intended to sell and provide information on fitness equipment. These terms of use contain information about the "Fitness Shop." Use of this site requires prior consent to the "Site Terms of Use" and these terms of use. Please fully understand the following before using the site.
Article 1 Purpose
a) THINK Fitness Co., Ltd. (hereinafter referred to as "our company") has established the following terms of use (hereinafter referred to as "these terms") with the aim of clarifying the rights and obligations of users of the "Fitness Shop" (hereinafter referred to as "this site") provided by our company. If there are any separate provisions in various places on this site, those provisions shall constitute part of these terms, and these terms shall include all such provisions. Customers shall agree to these terms in advance before using this site.
Article 2 Scope of Application
a) We reserve the right to change or discontinue all or part of this site at our sole discretion without prior notice to you.
b) The changes or cancellations set forth in the preceding paragraph shall take effect upon our decision to change or cancel these Terms and Conditions, and you shall be responsible for checking the latest version of these Terms and Conditions at any time.
Article 3: Consideration for Use
a) There is no charge for using this site. However, communication costs, such as costs for accessing and connecting to this site, shall be borne by the customer.
b) Notwithstanding the provisions of the preceding paragraph, if there are individual provisions on this site, those provisions shall be followed.
Article 4 Personal information
a) When handling personal information, we will comply with domestic laws and regulations regarding the protection of personal information.
b) We will use the personal information you provide in accordance with these Terms and Conditions and as necessary for our company in accordance with our Privacy Policy.
Article 5 Prohibition of diversion and unauthorized use
a) We do not guarantee or represent the validity, accuracy, reliability, or completeness of the information provided on this site. We shall not be liable for any damage or injury to you or any third party arising from such information. You are fully aware that any unauthorized use of any information on this site may infringe the rights of our company or third parties, and any unauthorized use of any information on this site, including text, images, and other content, is prohibited (including, but not limited to, commercial use, reproduction, duplication, copying, and sale). However, if there are specific terms and conditions on this site, you shall comply with those terms and conditions.
Article 6 Intellectual Property Rights, etc.
a) All text, images and other content that you submit, display or provide (hereinafter referred to as "Postings") on this Site must be your own creation and must not infringe the copyright, portrait rights or other intellectual property rights (hereinafter referred to as "Intellectual Property Rights") of any third party.
b) All intellectual property rights of text, images, and other content posted by customers on this site shall belong to our company.
c) The copyright for the compilation of new information and aggregated data obtained by modifying, editing, or processing the text, images, and other content in the preceding paragraph and combining them with other information unique to our company shall belong to our company.
d) You shall not exercise any rights based on moral rights of authors against our wishes.
e) We respect the intellectual property rights of third parties, but this does not guarantee that we will take any action. In the unlikely event that the intellectual property rights of a third party are infringed, we shall not be liable for compensating the third party for any damages incurred as a result.
Article 7 Registration
a) In order to use this site, we may require you to complete a registration procedure as necessary. You must enter information that is not false or incorrect, and if we determine that the information you enter is false or incorrect, we may suspend your use of this site.
b) In the case of the preceding paragraph, we shall not be liable for any damages incurred by the customer.
c) If any changes occur to the registered information, the customer shall promptly notify the Company of such changes.
d) You may request that your registration information be discontinued in accordance with the individual provisions on this site.
Article 8. Prohibited acts by customers
a) When using this site, you are prohibited from posting any content that leads to or that our company deems likely to lead to the following:
01) Violating these Terms and Conditions
02) Anything that violates public order and morals
03) It leads to discrimination
04) Interfering with the operation of this site
05) Approving, encouraging or inciting violence, anti-social behaviour or other criminal acts
06) Recruitment activities, political activities, religious activities, or activities that violate the Public Offices Election Act
07) Obscene or lewd content
08) Infringing the intellectual property rights of our company or a third party
09) Any slander or libel against our company or third parties, or any excessively aggressive content
10) Any act that causes harm to or damages the credibility of our company or a third party
11) Any act that violates laws, government ordinances, ministerial ordinances, regulations, and orders.
12) Anything that our company deems to be similar to pyramid marketing, pyramid schemes, or other similar activities
13) For the sole purpose of advertising your own or a third party's business.
14) It is deemed to have a negative influence on minors
15) Disclosing personal information such as names, addresses, and telephone numbers, or other privacy information to a third party other than our company, regardless of whether it is your own or a third party's, or otherwise collecting or inquiring about such information
16) Using offensive nicknames
17) Any act that significantly deviates from the purpose and objective of using this site
18) Intentionally posting the same content repeatedly, or using a lot of meaningless characters or line breaks
19) Introduction and links to websites that include the content of the preceding items
20) Any other act that our company deems inappropriate
b) If we discover any postings that fall under the preceding paragraph, we may delete them without obtaining the consent of the person who posted them or any other third party, but we may also exercise this right at our own discretion. Furthermore, if we determine that there is a risk of causing damage to our company or a third party, we may take measures such as invalidating the customer's ID and password (hereinafter referred to as "Password, etc."), suspend the use of the password, etc., and refuse to allow the customer to use this site.
c) We reserve the right to investigate the content of your posts, but are under no obligation to do so, nor are we obligated to maintain the confidentiality of such content.
Article 9 Confidentiality
a) You shall maintain the confidentiality of any information relating to the contents of this Site that you learn through your activities as a customer, and shall not disclose or leak such information to any other person or use it for your own benefit or the benefit of any third party.
Article 10 Receiving and sending e-mails
a) When sending or receiving e-mails between you and us, we will use the e-mail address registered by you.
b) If you send or receive emails using an email address other than the one you registered, we will not be liable for any disadvantage or damage that may occur to you.
c) Regardless of the reason, we shall not be liable for any disadvantage or damage incurred by you due to non-delivery or delay in delivery of emails from us.
d) In principle, all communications and notices to our company will be made by email. You agree without objection in advance that we will not accept phone calls or visits from you.
Article 11 Temporary suspension, termination or change of operation method
a) In the following cases, we may, at any time, without notice and with or without your consent, temporarily suspend, discontinue or terminate the operation of this site in whole or in part, or change the method of operation of this site.
1) When necessary for management purposes, such as system maintenance, inspection, or updates. 2) When operation becomes difficult due to force majeure such as natural disasters, fires, or power outages. 3) When failures in communication equipment, computer systems, unauthorized access, or accidents in communication lines or other infrastructure occur. 4) When operation becomes difficult for other reasons. 5) When our company deems it necessary.
b) In the case of the preceding paragraph, even if the customer suffers any disadvantage or other damage, the Company shall not be liable for such.
Article 12 ID and Password Management
a) When issuing a password or other information to you, you must enter information that is not false or incorrect. If we determine that the information you entered is false or incorrect, we may suspend your use of your password or other information and refuse you access to this site.
b) You shall be solely responsible for the management and use of your registered password, etc., and shall not transfer, allow a third party to use, or otherwise dispose of it.
c) Regardless of whether or not you are at fault, any use of your password, etc. by a third party will be deemed to be use by you, and we will not be liable for any damages you incur as a result of such third-party use.
d) We may delete any passwords that have not been used for a certain period of time.
Article 13 Rights and Obligations
a) You may not transfer, lend, or provide as security to any third party the status, rights, and obligations you have acquired in accordance with the provisions of these Terms and Conditions, or the services provided by us. You may not use them for commercial purposes (including, but not limited to, reproduction, duplication, copying, and sale) beyond the scope and methods of use specified in these Terms and Conditions without our permission.
Article 14 Compensation for damages
a) If you cause damage to our company through your use of this site, such as by violating these terms and conditions, you shall compensate our company for all or part of the damages incurred.
b) If any complaints or claims arise from within Japan or overseas in relation to this site due to reasons attributable to you, you shall resolve them at your own expense and responsibility. If this results in our company incurring any expenses or liabilities, or if our company incurs any damages, you shall reimburse such expenses, bear such liabilities, or compensate for such damages.
Article 15 Disclaimer
a) We do not provide any guarantees regarding this site, and we shall not be liable for any disadvantage or other damage suffered by you in relation to this site due to the suspension or discontinuation of this site, defects on our part, or other reasons beyond our control.
b) All materials that you download or otherwise obtain through this site are downloaded at your own risk, and we shall not be liable for any damages that you may suffer as a result of such downloading or otherwise obtaining.
c) You agree without objection in advance that you may not be able to use this Site on your mobile or PC due to the specifications of this Site, such as whether it is mobile-only or PC-only, and we shall not be liable to you for any damages arising from such use or inability to use the Site.
d) We make no warranties or representations whatsoever regarding the results of use, validity, accuracy, or reliability of any products, services, partner companies, business owners, or any other matters introduced on this site.
e) With regard to various bulk quote services and scratch repair/maintenance services, our company is not a party to any contract with the customer, nor does it act as an agent or proxy, and it merely provides the customer's information to the participating companies/business owners. After such provision, the customer shall comply with all agreements directly with the companies/business owners, and our company shall not be liable for any damages incurred by the customer based on such agreements.
Article 16 Changes to Content
a) We may change all or part of these Terms and Conditions without prior notice to you.
b) The changes in the preceding paragraph shall take effect upon our decision to update these Terms and Conditions, and you shall be responsible for checking the latest version of these Terms and Conditions at all times.
c) If you do not agree to all or part of the contents of these Terms and Conditions, we will refuse to allow you to use this Site.
Article 17 Governing Law
a) The establishment, interpretation, performance and other matters concerning these Terms and Conditions shall be governed by the laws of Japan.
Article 18 Jurisdictional court
a) In the event of any dispute between you and us regarding any matter relating to this Site or these Terms and Conditions, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance.
Article 19 Application
a) Even if any part of these Terms and Conditions is deemed invalid or to have no effect, the remaining parts that do not contradict this shall remain in full force and effect.
THINK Fitness Co., Ltd. Effective October 15, 2005
