Enfini Custom Works

1-1425-3 #401 Sakuragaoka, Higashiyamato-city, Tokyo, 207-0022 JAPAN

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ENFINI CUSTOM WORKS TERMS of USE

 

Effective Date : November 15, 2018

 

These Terms of Use (the “Terms”) are a legal agreement between you and EnfiniCustomWorks and its partner staff and companies divisions as may change from time to time (collectively, “EnfiniCustomWorks”, “we”, “us”, and “our”). 

 

These Terms apply to any EnfiniCustomWorks website, or other online or interactive services, that are provided in JAPAN and that include a link to these Terms (together, the “Services”).

 

You acknowledge and agree that by accessing or using the Services or by uploading or posting any User Content (as defined below) in connection with the Services, you, your heirs, and assigns (collectively "you") are indicating that you have read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including applicable export and re-export control laws and regulations. 

 

If you do not agree to these Terms, then you must stop accessing or using the Services. The purchase of any R-Zero Concept Series products or services is subject to separate Terms of Sale, which will be provided to you on the Policy pages within the Services.

We may revise these Terms to reflect changes to the Services, our users’ needs, our business priorities or changes in laws and regulations. 

We will give you notice of such revisions in accordance with legal requirements. 

Every time you use the Services, please check these Terms to ensure you understand the terms that apply at that time. 

If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. 

Your continued use of the Services after any such update constitutes your binding acceptance of such changes. 

The Terms were most recently updated on the effective date listed at the top of this document.

 

 

1. INFORMATION ABOUT US

 

The Services that link to these Terms are controlled and operated by EnfiniCustomWorks from its offices located at 1-1425-3 Sakuragaoka, Higashiyamato-city, Tokyo in JAPAN. To contact us, please email us at osinfo@enfini-customworks.com.

 

2. ELIGIBILITY

To use the Services you must be, and represent and warrant that you are, of legal age (18 years of age or older or otherwise of legal age in your jurisdiction, or, if you have parental consent, 13 years of age) and able to agree to these Terms. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). 

 

3. ACCOUNT REGISTRATION AND USE

 

3.1 Account Registration and Confidentiality. 

You may be required to create an account to use parts of the Services. If so, during the registration process, you must select a user name and password and provide us with additional information. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you.

 

3.2 Unauthorized Account Use

You are responsible for notifying us if you become aware of any unauthorized use of or access to your account. To contact us, please email us at osinfo@enfini-customworks.com. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. EnfiniCustomWorks will not be liable for any loss, damages, liability, expenses or lawyers’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and lawyers’ fees incurred by EnfiniCustomWorks or a third party due to someone else using your account.

 

4. OUR PROPRIETARY RIGHTS

 

The Services are owned and operated by EnfiniCustomWroks and contain materials (including design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by EnfiniCustomWorks and its partners, as well as certain third parties, and are protected by copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws.

 

You agree to abide by all applicable copyright and other laws. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by EnfiniCustomWorks and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of EnfiniCustomWorks and such others.

You agree to protect the proprietary rights of EnfiniCustomWorks and all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by EnfiniCustomWorks or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. 

You agree to notify EnfiniCustomWorks immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights.

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and EnfiniCustomWorks, at all times be and remain the sole and exclusive property of EnfiniCustomWorks. 

Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

 

5. USER CONTENT AND SUBMISSIONS

 

5.1 User Content and Posts.

The Services may enable you to submit, post, upload, or otherwise make available (collectively, "Post") content such as video clips, photographs, reviews, questions, comments, public messages, ideas, designs, features, business plans, inventions, product feedback, comments and other content (collectively, "User Content")  that may or may not be viewable by other users.

 

5.2 Our License to User Content. 

When you Post User Content on or through the Services, you grant EnfiniCustomWorks a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licenseable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content, in whole or in part, in any format or medium now known or developed in the future, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, our use of your personal data shall be governed by the EnfiniCustomWorks Privacy Policy.

5.3 User Content Representations. 

You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. 

You understand that EnfiniCustomWorks does not control, and is not responsible for, User Content, and that by using the Services, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. 

Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. 

You agree that you will indemnify, defend, and hold harmless EnfiniCustomWorks for all claims resulting from User Content you Post. 

We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

 

5.4 User Content Review. 

You acknowledge and agree that EnfiniCustomWorks and its designees may or may not, at EnfiniCustomWorks's discretion, pre-screen User Content before its appearance on the Services (but does not assume any obligation to). 

You further acknowledge and agree that EnfiniCustomWorks reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. 

Additionally, EnfiniCustomWorks has the right to remove any User Content that violates these Terms or is otherwise objectionable in EnfiniCustomWorks's sole discretion. 

You acknowledge and agree that EnfiniCustomWorks does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

 

5.5 User Submissions. 

EnfiniCustomWorks maintains an exceptionally strong commitment to research.

Researching new technologies, incorporating the new technologies into products, and developing marketing strategies for our products may take several years. 

We wish to avoid any misunderstandings that could arise if a EnfiniCustomWorks product or marketing strategy bears even a superficial resemblance to an idea that was submitted to EnfiniCustomWorks during the development process, or if a product feature or function may seem related to customer observations submitted to us. 

EnfiniCustomWorks does not provide any compensation, in either cash or product, for User Content submitted to EnfiniCustomWorks. 

If you still submit such information to us you agree that such information shall be deemed to be non-confidential and nonproprietary, and EnfiniCustomWorks shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information on an unrestricted basis for any purpose whatsoever, unless expressly agreed otherwise in writing by EnfiniCustomWorks. 

Further, EnfiniCustomWorks shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such information.

 

6. LICENSE AND PROHIBITED CONDUCT

 

6.1 Your License. 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services only for your own internal, personal, or non-commercial use, only in a manner that complies with all legal requirements that apply to you or your use of the Services, including those relating to data security and data privacy, such as the EnfiniCustomWorks Privacy Policy, these Terms, and if applicable.  

EnfiniCustomWorks may revoke this license at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.

 

6.2 Prohibited Uses. 

Use of the Services for any illegal purpose, or any other purpose not expressly permitted in these Terms, is strictly prohibited. Without limitation, you will not:

  • post User Content that: 

  1. harasses, abuses, or threatens any other person, or that contains obscene content;

  2. is false, misleading, or inaccurate; 

  3. degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification;

  4. is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libelous, or invasive of another's privacy; 

  5. promotes sexually explicit or pornographic material, violence, or any illegal acts; 

  6. infringes the legal rights of any person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or 

  7. gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

  • use the Services commercially

  • use the Services for benchmarking, or to compile information for a product or service;

  • copy, download, modify, distribute, post, transmit, display, perform, reproduce, broadcast, “mirror,” duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through the Services, by any means except as provided for in these Terms, or with the prior written consent of EnfiniCustomWorks;post material that advocates illegal activity or discusses illegal activities with the intent to commit them;

  • post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, "disabling," "lock out," "metering" device or any malicious code);

  • post or do anything that could disable, overburden, or impair the proper working of the Services;

  • post material that impedes or otherwise prohibits communication or disrupts user discussion;

  • post, utilize or otherwise make available any other party's intellectual property unless you have the right to do so, or remove or alter any copyright, trademark or other proprietary notice contained on the Services;

  • post any trade secrets or other confidential information, or post any material that you do not have a right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;

  • falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody

  • solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords

  • send spam, commercial electronic messages or other advertisements or solicitations, surveys, contents, pyramid schemes, promote commercial entities, or otherwise engage in commercial activity on or through the Services;

  • breach these Terms, or any guidelines or policies posted by EnfiniCustomWorks;

  • facilitate violations of these Terms or the Privacy Policy; and/or

  • interfere with any other party’s use and enjoyment of the Services.

 

7. LEGAL COMPLIANCE

 

You acknowledge, consent, and agree that EnfiniCustomWorks may access, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or by EnfiniCustomWorks’s Privacy Policy or reasonably necessary or appropriate for any of the following reasons: 

  1. to comply with legal process; 

  2. to enforce these Terms, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof; 

  3. to respond to claims that any content violates the rights of third parties; 

  4. to respond to your requests for customer service; 

  5. to protect the rights, property, or personal safety of EnfiniCustomWorks, its partner staff and companies, its users, and the public; and/or 

  6. in connection with the operations of your account including exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

 

8. PRIVACY

 

For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.

 

9. THIRD-PARTY LINKS AND SERVICES

 

The Services may provide 

  1. information and content provided by third parties; 

  2. links to third-party websites or resources, such as sellers of goods and services; and 

  3. third-party products and services for sale directly to you. EnfiniCusotmWorks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources,  (ii) any errors or omissions in these websites or resources, or  (iii) any information handling practices or other business practices of the operators of such sites or resources. 

 

You further acknowledge and agree that EnfiniCustomWorks shall 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 linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

 

10. MODIFICATION AND TERMINATION

 

10.1 Modification of Services. 

EnfiniCustomWorks reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. EnfiniCustomWorks shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

 

10.2 Termination. 

We may, in our sole and absolute discretion, terminate, suspend, or otherwise deny your access to all or part of the Services at any time for any or no reason at all, with or without notice to you. If we terminate your right to access the Services, these Terms will terminate and all rights you have to access the Services will immediately terminate; however, certain provisions of these Terms will still apply post termination, including without limitation, and as applicable, the Mandatory Arbitration and Class Action Waiver provisions. Termination of your account may also include, at EnfiniCustomWorks's sole discretion, the deletion of your account and/or User Content, and you will not be able to retrieve any information related to your account except as required by applicable law. 

 

 

11.GOVERNING LAW AND JURISDICTION

 

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

In the event of a dispute with respect to this Service, the court having jurisdiction over the head office location of the Company shall be subject to exclusive agreement jurisdiction.

 

12. CONTACT US

 

If you have any questions about these Terms, please contact us. To contact us, please email us at osinfo@enfini-customworks.com.