Terms of Service

Updated : November 2 2018

This Terms of Service ("terms of service") defines the conditions of use of the services that XSim ("us", 'we", "our") provides on this website ("service").

By using this service, the user agrees to this agreement. Please read the followings carefully.

1. Applicable Scope

This terms shall apply to all matters related to the use of the service between the user and us.

2. User Registration

User should register to use this service with the means defined by us, and the user registration will be completed by our approving.

We may not approve the user registration when we think that the use of service is case with following cases and we do not have any obligation to disclose for the reason.

  1. False information was given in the registration.
  2. The user registration is done by a person who has violated this terms of service in past.
  3. Adding to the above, when we consider that the approving of registration is not appropriate.

3. User ID and Authentication Information

In his/her own responsibility, the user shall manage the user ID and authentication information of this service.

In any case, the user can not assign or lend the user ID and authentication information to a third party. If the combination of the user ID and the authentication information matches the registered information in login operation, we regards the service is used by the user who registered the user ID.

4. Prohibited Matter

In using this service, the user should not do the following actions.

  1. Acts that violate laws or public order and morals.
  2. Acts that relate to criminal acts.
  3. Acts that disrupt or obstruct our service servers or networks.
  4. Acts that may interfere with the service.
  5. Acts collectting or accumulating personal information of other users etc.
  6. Acts impersonating other users.
  7. Adding to the above, other acts that we consider as inappropriate.

5. Exiting of Providing the Service

If we consider that any of the following reasons exist, we may exit or suspend providing the service all or part, without notice to the users in advance.

  1. When maintenance, inspection, or updating of the our system is needed.
  2. When it is difficult to provide the service due to force majeure events such as earthquake, lightning strike, fire, blackout or natural disaster.
  3. When the computers, networks, etc. cease due to a accident.
  4. Adding to the above, when the event that we consider that it is difficult to provide the service occurs.

We shall not bear any responsibility for any disadvantage or damage that the user or a third party received by the suspension or interruption of providing the service.

6. Copyright

In this service, the user shall be able to post or edit only the information/data that user owns the necessary intellectual property right such as copyrights or has permission of right holder.

The copyright of the information/data that the user has posted or edited in the service shall be reserved to that user or other existing right holder. However, we shall be able to use the information/data that have posted or edited for research, development, management to improve the service. In this use, the user shall not exercise the author's moral rights.

Except the information/data that is provided in the preceding paragraph, all copyright, other intellectual property rights and all information relating to the service are all attributed to us or the owner who granted the use to us.

Without permission granted by the copyright owner, the user shall not copy, transfer, lend, modify, alter, make publicly transmit (including to enable transmission), transmission, distribution, etc. the information/data.

7. Restrict to Use and Deregister

In the following cases, we shall be able to restrict a user to use all or part of the service, or to cancel the registration as a user, without notice to the user in advance.

  1. When the user violates any provision of these terms.
  2. When there is a false fact in the registrated information.
  3. Adding to the above, when we consider that use of this service by the user is not appropriate.

We shall not bear any responsibility for damage caused to the user due to the our acts that is based on this section.

8. Warranty and Disclaimer

User should agree that we may not be liable for the practical or legal defects (including defects related to safety, reliability, accuracy, integrity, effectiveness, suitability for a specific purpose, security, or errors and bugs, infringement of rights), and we do not explicitly or implicitly guarantee there is no such thing. We shall not bear any responsibility for any damage caused to the user due to this service. However, this disclaimer does not apply if the contract between us and the user (including this terms) is "consumer contract" prescribed in the Japanese Consumer Contract Law.

Even in the case that prescribed in the proviso of preceding paragraph, We shall not bear any responsibility for the damage caused to the user in particular condition (including the case where we could foresee or predict the damage) due to default or illegal act by our negligence (except gross negligence). In addition, the compensation for damage caused to the user due to default or illegal act due to our negligence (except gross negligence) is limited to the amount of usage fee we received from the user in the month that the damage occurred.

We shall not bear any responsibility for any transactions, communications, disputes, etc. between the users or the user and third parties in the service.

9. Change of the Service

We shall be able to change the the service or cancel the provision of the service without notifying the user and will not bear any responsibility for damage caused to the user by these changing/canceling.

10. Change of Terms of Service

We shall be able to change this terms at any time without notifying the user, if it is needed.

11. Notification or Contact

Notification or communication between the user and us shall be made according to the means selected by us.

12. Prohibition of Assignment of Rights and Obligations

The user can not assign the position under the contract or the rights or obligations based on this terms to a third party, or provide it as collateral without the prior written our consent.

13. Governing Law/Jurisdiction

In interpreting these Terms, the Japanese law shall be the governing law.

It is needed for litigation concerning the service, the Osaka District Court shall be the first trial exclusive agreement jurisdiction court.