Terms of service
- Neutral Venue. OUR ACE IS A NEUTRAL PLATFORM THAT IS NOT A PARTY TO ANY USER ACTIVITIES. WE ARE NOT RESPONSIBLE FOR ANY CONDUCT OR CONTENT PROVIDED BY THE ACE USERS. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO USER CONTENT, CONDUCT AND ARRANGEMENTS. WE ARE NOT LIABLE FOR ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT COMMITTED USING OUR ACE.
- No Warranties. WE DO NOT WARRANT THAT THE ACE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF SELLERABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. We do not guarantee that any content provided on the Ace is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ACE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT.
- Limitation of Liability. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ACE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DEATH, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED THE FEES RECEIVED FROM YOU, IF ANY. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER ONE YEAR FROM THE DATE THE UNDERLYING CAUSE OF ACTION AROSE.
3. Intellectual Property
- IP Ownership. DMR Co.Ltd. owns all intellectual property rights to the Ace. Ace features, look and feel, design, registered and unregistered trademarks are protected by the international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
- Use License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access the Ace solely for your personal, non-commercial use.
- User Content. “Content" means information such as text, files, music, images, videos, software and other data accessible through the Ace or submitted by users. Users, not DMR Co.Ltd., are solely responsible for the content they submit. We do not claim ownership of any content submitted through our Ace. By submitting any content through the Ace, you hereby grant us a nonexclusive worldwide license to reproduce, use, display, perform, distribute, and create derivative works based upon your content for the purposes of developing and promoting the Ace in any reasonable manner we deem appropriate. We are not a backup service and we will not be responsible for loss of your content. When you delete your content, it may continue to be stored by us for purposes of complying with our legal obligations.
- Takedown Requests. We respect the intellectual property rights of others and require our users to do the same. All claims of copyright infringement committed using our Ace will be investigated if reported to our designated Copyright Agent. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
- Indemnification. You agree to defend, indemnify and hold harmless us, our affiliates and licensors, officers, directors, employees, contractors, agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms and Conditions or your use of the Ace, including, without limitation, any content submitted by you.
4. User Obligations
By accessing the Ace, you represent, warrant and agree that:
- You are at least 13 years old or older.
- You are solely responsible for the content you submit to or through the Ace. Your content will not infringe third party intellectual property rights, contain false, misleading or defamatory information.
- You assume all risks and all costs associated with your use of the Ace, including, without limitation, any Internet access fees, third party data charges and back-up expenses.
- We may contact you for reasons relating to your use of our Ace.
- We may terminate any user account with or without notice using our sole reasonable discretion.
- You will treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- You will treat all Ace users and administrators respectfully, online and offline.
- We may withdraw or change our Ace in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Ace is unavailable at any time or for any period to registered users or visitors.
- We have the right to disable any user identification provided by our Ace and disable your whole account on our Ace at any time for any reason or no reason without notice or explanation.
5. Prohibited Conduct
You must not:
- Submit false, inaccurate, misleading, fraudulent, defamatory, abusive, obscene, nude, partially nude, hateful, profane, offensive, threatening, harassing, racially offensive, or objectionable content. We reserve the right to have a final say in what constitutes “objectionable” content.
- Use the Ace for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
- Use the Ace to stalk, defame, bully, threaten or intimidate anyone.
- Post any confidential or private information, such as credit card information, social security numbers, private phone numbers or private email addresses.
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Impersonate any other person or entity.
- Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication (spam) without our prior written consent.
- Use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Ace in a manner that sends more request messages to the servers than a human can reasonably produce in the same period by using a Web browser. Nevertheless, the operators of public search engines are permitted to use spiders to copy materials from the Ace for the sole purpose of creating publicly available searchable indices. We reserve the right to revoke this permission.
- Access the Ace to build a competing service.
- Introduce any viruses or other harmful materials, use any device, software or routine that interferes with the proper working of the Ace.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Ace.
- Otherwise attempt to interfere with the proper working of the Ace or anyone’s use and enjoyment of it.
6. Premium Membership
You may use our Ace free of charge. However, you can also choose to pay for certain premium features. If you purchase our premium membership, you agree to the following:
- You will pay us all sums due when due. You will remain liable for payment of fees through the end of the applicable subscription period.
- You are responsible for payment of all applicable taxes.
- Your purchase may be subject to foreign exchange rates.
- You authorize us to store and continue billing your payment method.
- We can terminate your premium membership for any violation of this section.
- You will not receive a refund of the membership fee if you cancel the membership before the end of the applicable billing cycle.
7. Monitoring and Enforcement; Termination
We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms and Conditions, infringes any intellectual property right or other right, threatens the personal safety of users of the Ace and the public. We may:
- Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Ace.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Terminate or suspend your access to all or part of the Ace for any or no reason, including without limitation, any violation of these Terms and Conditions, maintenance work, system overload, security reasons, natural disasters and force majeure events.
- Take appropriate legal action.
8. Linking to the Ace
- You may link to our Ace in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
9. Disputes Between Users
As a neutral venue, we do not offer mediation, arbitration or any other forms of dispute resolution and do not actively monitor user interactions. Therefore, you are solely responsible for your interactions and disputes with other users. We reserve the right, but have no obligation, to facilitate and resolve disputes between Ace users.
You may not assign your rights and obligations under these Terms and Conditions without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms and Conditions, at our sole discretion, without obtaining your consent.
11. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Japan, without regard to its conflict of law principles that would result in application of any other law. All controversies and disputes arising out of or relating to this Terms and Conditions shall be submitted to the Tokyo District Court in Tokyo, Japan as the Court of first instance.
12. Severability and Non-Waiver
- Should any part of these Terms and Conditions be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms and Conditions should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- Enforcement of these Terms and Conditions is solely in our discretion, and failure to enforce the Terms and Conditions in some instances does not constitute a waiver of our right to enforce them in other instances.
13. Modifications of these Terms
We update these Terms and Conditions every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Ace following the posting of revised Terms and Conditions constitutes your acceptance of the changes.
14. Contact Us
Please direct your questions, comments, feedback, requests for technical support and other communications relating to the Ace to our customer service representative.