 |
You are required to log in
when you receive services on "Volks Website" offered by Volks Inc.
(hereinafter referred to as "Volks")
You must register your personal information to log in to Volks Website.
Web user registration data is subject to the Web user agreement.
You must provide the following information:
|
| Information
necessary to access services: |
*Web user ID (your arbitrary code)
* name
* email address
* nick name |
| Information necessary
for purchasing: |
* zip code
* address
* gender
* birthday |
You must accept the following
Web user agreement to be registered as a Web user.
By completing the registration process for Volks Website, you agree to the terms
of this Web user agreement just as you would with a signed document. |
| [Article 1. Jurisdiction of
the Agreement] |
| 1. |
This agreement applies to the registered Web users (defined in
Article 2) for the services provided on Volks Website (defined in
Article 3). |
| 2. |
This agreement may be updated by us, periodically without notice
to you. We will release the modified agreement as we feel is appropriate. |
| [Article 2. Definition] |
| 1. |
A registered Web user is defined as an individual who has accepted
this agreement, applied for the user account and password according
to the designated procedures, and whose registration is approved
by us. |
| 2. |
The registered Web user is required to promptly notify Volks of
any change of registration data, such as an email address change,
in the manner as designated by Volks. |
| 3. |
The registered Web user is allowed to complete one Web user profile
per email address. |
| 4. |
The registered Web user is responsible for their registration data. |
| [Article 3. Description of Service] |
| 1. |
Volks provides registered Web users with the following services
(hereinafter referred as the "Service") on Volks Website.
1) information
2) product line sales
3) Volks' internet services |
| 2. |
Volks reserves the right to add,
cancel or modify the Service (or any part thereof) as described in
Art.3 paragraph 1. |
| [Article 4. Application] |
| 1. |
The Web user registration is applied according to the designated
procedures via "Web user registration page" on Volks Website. |
| 2. |
You agree that Volks may reject an application to register as
a Web user if (a) the applicant has been penalized with termination
as a Web user for any breaches or violations of this agreement or
other regulations, (b) the application includes any false information,
or (c) the applicant is considered to be objectionable by Volks. |
| 3. |
The applicant will receive email notification from Volks of their
registration approval upon completing the registration process. |

| [Article 5. Use of Service] |
| 1. |
Volks provides the Service to the registered Web users subject
to this Agreement and other regulations of Volks. |
| 2. |
The registered Web users are entirely responsible for any information
the registered Web users transmit via the Service. The registered
Web users agree not to cause any loss or damage to Volks. |
| 3. |
The registered Web users agree to indemnify and hold Volks harmless
from and against any claim or demand made by Volks or any third party
including other registered Web users (hereinafter the third party
includes other registered Web users) or any dispute against any third
party due to or arising from the uses of the Service. The registered
Web users agree not to cause any loss or damage to Volks. |

| [Article 6. Termination] |
| 1. |
The registered Web users agree that Volks may, under certain circumstances
and without prior notice, terminate the use of the Service or the
Web user registration. Causes for such termination include, but are
not limited to:
1) acts mentioned in Article 7
2) breaches or violations of this Agreement or Volks' shopping regulations
3) a request by Volks when Volks considers a registered Web user to
be objectionable. |
| 2. |
The registered Web user has the right to terminate their Web user
registration at any time by notifying Volks support center and completing
the termination procedure. |

| [Article 7.Restrictions
and Prohibitions on Use] |
| |
The registered Web user agrees not to: |
| 1. |
use his or her account and/or password for any unlawful purpose |
| 2. |
give any actual or potential trouble, loss or damage to Volks and/or
any third party |
| 3. |
make any actual or potential invasion of copyright, property, privacy
or other rights of Volks or any third party |
| 4. |
cause any actual or potential disturbance to Volks Website |
| 5. |
give any actual or potential damage to the credibility of Volks
Website |
| 6. |
use or make available any harmful program such as software virus
via or relating to the Service |
| 7. |
commit any actual or potential criminal, obscene, or unlawful act |
| 8. |
launch an election campaign or the like |
| 9. |
carry out any act Volks considers to be objectionable |

| [Article 8. Copyright] |
| 1. |
The registered Web user agrees not to transmit, reproduce, duplicate,
distribute, publish, or otherwise make available any unauthorized
information or software provided via the Service, except for their
private use.
|
| 2. |
The registered Web user agrees not to let any third party transmit,
reproduce, duplicate, distribute, publish, or unveil any unauthorized
information or software provided via the Service.
|
| 3. |
The registered Web user agrees to indemnify and hold Volks harmless
from and against any trouble arising from the failure to comply with
this Art.8. The registered Web user agrees not to give any trouble,
loss or damage to Volks. |
| 4. |
The registered Web user agrees that anything posted by a Web user
may be used on the Volks Website. |

| [Article 9. Web user ID, Password
and Security] |
| 1. |
The registered Web user is responsible for maintaining the confidentiality
of the Web user ID and password. |
| 2. |
The registered Web user agrees not to lend, transfer, change the
owner?fs name of, trade, or pawn the Web user ID and/or password to
any third party, and not to disclose the password to any third party. |
| 3. |
The registered Web user is fully responsible for all the activities
that occur under their ID or password. Volks will not be liable for
any loss or damage of any kind as a result of the imperfect maintenance,
misapplication of ID or password by a registered Web user or of use
by any third party. |
| 4. |
The registered Web user agrees to immediately notify Volks of
the theft or any unauthorized use of their ID or password by any third
party and follow the instructions by Volks if provided. |

| [Article 10. Personal Information] |
| 1. |
Volks uses the personal and historical information collected from
the registered Web user such as his or her name, address, email address
(hereinafter referred to as "Personal Information") only
for the following purposes, which the registered Web user accepts.
Personal Information does not include processed data in which any
individual is not identified, such as statistical materials. |
| |
1) To provide the Service
2) To provide Personal Information, if necessary within the limits
of the commission, to third parties who work on behalf of or with
Volks.
3) To provide Personal Information to Volks affiliated companies for
the purpose of providing information of Volks products or services.
4) To exchange Personal Information between Volks and a credit card
company for the purpose of certifying the validity of a credit card
or the like when it is used for the payment of items purchased via
the Service. Also, to provide Personal Information to a credit card
company or a financial institution when requested and as Volks deems
it necessary when a registered Web user purchases items via the Service.
5) To respond to subpoenas, court orders, or legal process of the
judiciary or administrative authorities.
6) To protect the rights, properties and safety of Volks or any third
party when Volks has reasonable grounds to believe it necessary to
use the Personal Information.
7) To serve other purposes than those mentioned above when Volks notifies
a registered Web user individually concerning the use of their Personal
Information and is granted permission by him or her beforehand. |
| 2. |
Volks will carefully and sensibly store Personal Information, secure
its safety and prevent any illegal access to, and any falsification,
destruction, disappearance, and/or leaking of Personal Information.
Volks will store Personal Information as long as Volks believes necessary. |
| 3. |
The registered Web user reserves the right to inquire about their
own Personal Information and revise it according to the designated
procedures, and Volks will comply with this. The registered Web user
reserves the right to request the deletion of their own Personal Information
according to the designated procedures, and Volks will comply with
this, regardless of the above Art. 10 paragraph 2, except when Volks
deems the said Personal Information necessary to operate its business. |
| 4. |
The registered Web user reserves the right to request the suspension
of information about products and/or services provided by Volks and/or
Volks affiliated companies, and Volks will comply with this. |

| [Article 11. Content] |
| 1. |
Volks may, under certain circumstances and without prior notice,
remove content such as comments posted by a registered Web user via
the Service when: |
| |
1) Volks considers the content to be invasive of copyright or other
rights of Volks or a third party, defamatory or libelous
2) Volks is provided with a claim from a third party that the content
is invasive of their copyright or other rights, defamatory or libelous
3) The content violates any applicable law in Japan or in other countries
4) Volks is lawfully ordered to remove the content by the authorities
5) Volks has reasonable grounds to consider the content to be objectionable |
| 2. |
Regarding Art.11 paragraph 1, Volks does not control or inspect
content such as comments posted via the Service, and as such, is not
responsible for the content. Volks assumes no responsibility for any
content the ID registrants transmit to the registered Web users. |
| 3. |
The registered Web user reserves the right to inquire about their
own Personal Information and revise it according to the designated
procedures, and Volks will comply with this. The registered Web user
reserves the right to request the deletion of their own Personal Information
according to the designated procedures, and Volks will comply with
this, regardless of the above Art. 10 paragraph 2, except when Volks
believes the Personal Information to be necessary to operate its business. |
| 4. |
The registered Web user reserves the right to request the suspension
of information about products and/or services provided by Volks and/or
Volks affiliated companies,
and Volks will comply with this. |

| [Article 12. Maintenance of
Service] |
| |
Volks reserves the right to suspend the Service in whole or in
part without prior notice to the registered Web users for the purpose
of maintaining the Service in a good condition on the following occasions: |
| |
1) when periodic or urgent maintenance is performed on the system
2) when the system operation is interrupted or endangered by fire,
power failure, or a third party
3) when Volks has reasonable grounds to unavoidably stop the system |

| [Article 13. Disclaimer] |
| 1. |
The registered Web user understands that by using the Service,
their Personal Information transmitted via Internet may be exposed
to the risk of leakage. The registered Web user, not Volks, is entirely
responsible for any transmission via Internet. |
| 2. |
Under no circumstances will Volks be liable for any loss or damage
of any kind to a registered Web user incurred as a result of their
inability to access the Service. |
| 3. |
Volks disclaims responsibility by performing the registration
process according to the registration data provided by the registered
Web user.
Under no circumstances will Volks be liable in any way for any loss,
damage, or disadvantage of any kind incurred as a result of the use
of the Service regardless of any legal ground for claim unless Volks
has intentionally neglected or has been grossly neglectful in the
performance of the registration process. |
| 4. |
Volks does not guarantee the perfection, accuracy, reliability,
usefulness, availability, or quality of the content of the Service
or of the information provided for the registered Web users via the
Service. |
| 5. |
The registered Web users agree to indemnify and hold Volks harmless
from and against any claim or damage made by Volks and/or any third
party due to the use of the Service. The registered Web users agree
not to cause any loss or damage to Volks. |

| [Article 14.Other] |
| 1. |
As a general rule, the registered Web users may provide Volks
with notices by either telephone or email to the Volks email (Web
mail) address on Volks Website. |
| 2. |
Volks and the Web user will sincerely discuss and attempt to solve
a problem arising from or relating to the use of the Service if it
is not covered in this Agreement or other Volks regulations |
| 3. |
The laws of Japan shall govern the enactment, effect, enforcement,
and interpretation of this Agreement. |
Additional Clause:
This Agreement shall be applicable to all the registered Web users
from February 29,2004.
The official Web user agreement is written in Japanese and provides
the basis for application to registered Web users. This English translation
is provided solely for the convenience of applicants, and differences
and/or omissions due to translation may not be considered legally
binding. |
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