Questant Terms & Conditions
- The Service is provided for corporations, partnerships and organizations with a judicial personality and natural persons located or residing in Japan and its territories. Natural persons must be at least 13 years of age and have the power to form a contract with the Company under applicable law to use the Service. If the User is an organization, the operator agrees to these Terms on behalf of that organization and represents that it has the authority to do so.
- These Terms shall constitute a legally binding agreement between the User and the Company.
- The Company may, at any time, modify these Terms, and the modified Terms shall become effective when posted on the website of the Service or, if earlier, when the User is notified by e-mail or in writing of such modified Terms. Unless the User agrees to the modified Terms, the User shall immediately stop using the Service. If the User continues using the Service after the effective date of the modified Terms, the User shall be deemed to have agreed to be bound by the modified Terms.
- These Terms shall be an Agreement that will be effective until the termination of the Service or until the User unsubscribes from the Service.
- f) Upon using the e-mail distribution service provided in the Service by the Company, the Users shall be deemed to have agreed to the descriptions of “Questant Mail Distribution Service Use Guideline” prescribed by the Company separately.
2. Account and Password
- The User shall register an account for the use of the Service.
- By using the Service, the User warrants to the Company that the information necessary for the registration of an account is correct and always up to date.
- If there is any change in the registered information after the User registers an account, the User shall promptly update the information provided.
- The User, and not the Company, is responsible for any activity that occurs through the User’s account (other than activity that the Company is directly responsible for that is not performed in accordance with the User’s instructions), whether or not the User authorized that activity. If the User becomes aware of any unauthorized access to the User’s account, the User shall notify the Company immediately.
- Accounts may not be shared, and each account may only be used by one User.
- If the User does not use the Service for three (3) consecutive months or more, the Company may, at its discretion, terminate the User’s account. The Company will attempt to warn the User by e-mail before terminating the account to provide the User with an opportunity to log in and keep the account active. However, the Company may, if there is an urgent need, suspend or delete the account and password without the consent of the User.
- If the Company finds that the User has registered to the account with an e-mail address of a third party by fraud or spoofing, the Company may, without any notice to such User, suspend or delete the account.
3. Paid Service Charges
- The Service is divided into the free Service (“the “Free Service”) and the paid Service (the “Paid Service”), depending on the content of the Service that the User selects to use.
- The Paid Service is available on monthly and yearly subscription plans. UNLESS THE USER DESIGNATES IN THE USER’S ACCOUNT PREFERENCES OR NOTIFIES THE COMPANY THAT THE USER DOES NOT WANT THE USER’S SUBSCRIPTION TO BE AUTO-RENEWED, THE USER AGREES THAT THE COMPANY WILL AUTOMATICALLY RENEW THE USER’S SUBSCRIPTION TO THE SERVICE FOR THE SAME TERM AS THE PRIOR SUBSCRIPTION PLAN AND AUTOMATICALLY CHARGE THE USER THE SAME PRICE AS FOR THE PRIOR SUBSCRIPTION PLAN FOR SUCH RENEWED SUBSCRIPTION USING THE CREDIT CARD ASSOCIATED WITH THE USER’S SUBSCRIPTION, UNLESS THE COMPANY GIVES THE USER NOTICE OF A PRICE CHANGE. IF THE USER WOULD LIKE THE PAYMENT FOR THE RENEWAL TO BE MADE THROUGH A DIFFERENT CREDIT CARD OR IF THE USER DOES NOT WISH TO RENEW THE SUBSCRIPTION, THE USER MUST INFORM THE COMPANY AT [+81(0)3-6716-0700 (Japanese Only)] OR VIA [firstname.lastname@example.org] AT LEAST SEVEN (7) BUSINESS DAYS PRIOR TO THE RENEWAL DATE. IF THE USER TERMINATES THE AGREEMENT OR UNSUBSCRIBES THE SERVICE IN THE MIDDLE OF A CERTAIN SUBSCRIPTION PERIOD, THE TERMINATION SHALL BE EFFECTUATED AT THE END OF SUCH SUBSCRIPTION PERIOD.
- The User is responsible for any taxes (other than the Company’s income tax) or duties associated with the sale of the Service, including any related penalties or interest (collectively, “Taxes”). The User will pay the Company for the Service without any reduction for Taxes. If the Company is obliged to collect or pay Taxes, the Taxes will be invoiced to the User, unless the User provides the Company with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged or collected. The User is required to make payment of the subscription fee free and clear of, and without withholding for, any Taxes.
- The Company reserves the right to change the subscription fee at any time or to provide services for which the User pays any subscription fee to other Users at a different price or at no charge.
4. Free Service
- The Company may introduce a charge for the use of any Free Service at any time and may limit the features available as Free Service at any time.
5. Handling of User Information
- The Company may use the User information for the following purposes:
- For providing the Service;
- For the provision of information relating to the products or services, etc., of the Company, advertising companies, and business partners that the Company deems beneficial for the User;
- For the implementation, study, and analysis of marketing research;
- For advertising, prize promotion, and sales campaigns to Users;
- For identity verification of the User and for the prevention of improper use;
- For contacting the User regarding handling personal information; and
- For matters incidental to or related to those in the preceding items.
- The Company may use all or any part of the User information by aggregating and analyzing it for the promotion of the Service or as statistical data. When the Company uses the User information in this way, the Company will not share such data with third parties (other than affiliates of the Company) in such a manner that the User can be identified or is identifiable unless the Company has obtained the User’s permission.
- If the Company determines that the User has committed illegal activities or an act that causes or has caused harm to other Users or a third party, the Company may report or disclose the information of such User to the said third party, the police, or relevant government agencies.
- If disclosure of User information is required by a court, the police, or other government agencies, the Company may disclose such User information in whole or in part as required thereby.
- The Company may disclose the User information to agents, advisors, legal counsel, or other similar parties, provided such parties agree to keep the User information confidential in accordance with these Terms.
6. Withdrawal of User
- The User may unsubscribe the Service by completing the withdrawal procedures prescribed for the Service.
- If the User has unsubscribed, all of the User’s rights related to the use of the Service shall be forfeited by User without compensation.
7. Prohibition of Use of Service and Cancellation of Registration of User
- If the Company determines that the User has engaged in any of the following, it may suspend or terminate the Service provided to such User or cancel the account of such
- the User improperly uses an account or password;
- the User infringes any right of other Users or a third party or causes a nuisance for other Users or a third party;
- the User probes, scans, or tests the vulner ability of the system for the Service;
- the User accesses the Service by spoofing or other improper method; or
- the User intentionally accesses or attempts to access another User’s account.
Notices from the Company in connection with the Service shall be given by being posted on the website of the Service or by sending e-mails to the e-mail address of the User registered on the account; provided, however, that, in case of an emergency, other methods of notice may be employed.
9. Attribution of Rights, including Copyrights
- All rights relating to intellectual properties (such as the service name, trademarks, and copyrights) associated with the Service, belong to the Company or the third parties that have legitimate interests therein. Except permitted under these Terms, the User is prohibited from taking any acts that infringe the rights of the Company or such third parties, including but not limited to copying, editing, modifying, analyzing, publishing, broadcasting, exhibiting, distributing, transferring, renting, translating, adapting, transmitting, reprinting, recording, re-licensing, registering rights, or applying for registration of intellectual property associated with the Service, without the consent of the Company and applicable third parties.
- The Company may grant the User a non-exclusive and non-transferable license limited to the “display” of the service name solely related to the use of the Service, but these Terms do not transfer nor assign any part of the rights (including but not limited to intellectual properties) from the Company to the User. The content provided by others that is not owned by the Company. Such content is the sole responsibility of the entity that makes it available.
- The User owns the content created or stored by the User. The User, however, grants the Company a license to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of the User’s user account as required for the purpose of providing the Service to the User.
- The User is responsible for its own content, and the User must ensure that the User has all the rights and permissions needed to use that content in connection with the Service. The Company is not responsible for any actions the User takes with respect to its content, including sharing it publicly. The User shall refrain from using content in connection with the Service unless the User has first obtained the permission of its owner, or is otherwise authorized by law to do so.
- The Company shall have the right to block access to or remove any content made available by the User or on the User’s account if the Company receives complaints concerning any illegality or infringement of third party rights in such content or the Company reasonably believes such content may infringe on the rights of the Company or any third party. By using the Service and transmitting or publishing any content using such Service, the User expressly consents to the determination of questions of legality or infringement of Company or third party rights in such content by any agent engaged by the Company for this purpose.
10. User's Responsibility
- The User is responsible for the use of the Service and hereby agrees to be solely responsible for all acts conducted in connection with its use of the Service (including questionnaires, information, text, data, software, photos, videos, music, communication with a third party, and all other acts incidental to questionnaires created and conducted by the User), the results of any such use, and any damage (whether indirect or direct) resulting from such use.
- If the User defames a third party, infringes the privacy rights of a third party, discloses the personal information of a third party without permission, or infringes other rights (including but not limited to trade secrets, patents, copyrights, trademark rights, portrait rights) of a third party in connection with using the Service, the User shall be responsible for all damages and losses resulting from such actions and shall indemnify and hold the Company harmless from any damages or losses arising therefrom.
- Use of the Service requires access to the Internet. The User is responsible for obtaining and operating any equipment and software necessary to access the Internet or the Service at the User’s expense. The Company will not provide Internet access or equipment necessary to access the Internet or the Service. The User is responsible for all communication costs that arise in connection with the use of the Service, including any Internet or other access fees.
- When the User, by using the Service, collects personal information, such as names and telephone numbers, of respondents to questionnaires, the User shall explain or present to the respondents that the User will be obtaining personal information and that it is possible to link the respondents to the questionnaires and the results of answers. The User shall endeavor to appropriately and actively protect personal information and privacy that the User obtains and/or maintains.
- The User shall notify respondents to the questionnaires in advance regarding how the User will handle personal information of the respondents; that the User shall be responsible as the obtainer and manager of such personal information and information regarding answers to the questionnaires; and that the Company will have access to such personal information in connection with providing the Service.
- Where a respondent to the questionnaires wishes to opt out from the delivery of questionnaire correspondence by the Service or to be removed from any mailing list held by the User, the User shall, at the User’s expense, maintain an e-mail address where any questionnaire respondent may submit any request or inquiry regarding the delivery of e-mail or other correspondence, and such e-mail address information in all correspondence sent by User in connection with the use of the Service. The User shall respond in good faith to all such inquiries and requests from respondents. Notwithstanding the foregoing, the User agrees to comply with all applicable laws governing e-mail and other correspondence, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act of 2003”).
11. Prohibited Conduct
- In addition to the provisions of Paragraph 7 (Prohibition of Use of Service and
Cancellation of Registration of User), the User shall not do any of the following:
- Copy, reproduce, duplicate, imitate, create a mimetic, send, transfer, distribute, deliver, re-sell, transmit, make transmittable, modify, adapt, translate, lend, or store in order to use for any of these purposes information related to the Service, whether in whole or in part, without the prior written consent of the Company;
- Any act in violation of these Terms or other agreements related to the Service;
- Any act that violates or is likely to violate laws or public order and morals;
- Criminal acts, illegal acts, or acts that are likely to be such acts;
- Any act that interferes or is likely to interfere with the operation of the Service, such as putting excessive burden on the server by repeated excessive use;
- Upload a virus or malicious software that has an adverse effect on the system of the Service or any act similar thereto;
- Any act that obstructs or is likely to obstruct the Service, such as unauthorized entry into the system of the Service, cracking, reverse engineering, decompiling, or disassembling;
- Any act that damages or is likely to damage the credibility of the Company or the Service or otherwise portrays the Company or the Service in a bad light;
- Any act that infringes or is likely to infringe an intellectual property rights (including but not limited to a copyright, design right, utility model right, trademark, patent, know-how), privacy, or other rights of the Company or the Service or a third party;
- Transmit, display, publish, or express any of the following in connection with using the Service:
- (1) Content that constitutes an illegal, harmful or offensive, unjust, slandering or disturbing act, or infringement of privacy;
- (2) Content containing vulgar, lewd, pornographic, or other obscene images;
- (3) Content promoting violence, abuse, intimidation, slander, or grotesque images;
- (4) Content containing discriminatory expressions with regard to race, creed, gender, occupation, originations, or other protected class;
- (5) Content that promotes bullying or suicide or harms minors;
- (6) Content intended to slander a specific company, store, User or individual;
- (7) Content for the purpose of soliciting multilevel marketing, pyramid, Ponzi, or other similar scheme.
- (8) Content defined as a chain letter, virus, or spam mail set forth in Paragraph 12, or other content similar to the above in unsolicited mail;
- (9) Bank account, securities account, credit card, or social security numbers;
- (10) Criminal history, medical history, or religious faith of any person;
- (11) Content using a name, photo, image, trademark, copyrighted material, or other intellectual property of a third party without permission; and
- (12) Other content that the Company deems inappropriate.
- In the event User engages in any activity that is prohibited by this Paragraph 11 (Prohibited Conduct), the Company may suspend or terminate the User’s use of the Service, cancel the account of the User, delete questionnaires and the reply results, block the IP address, or other actions that the Company, at its discretion, deems appropriate. Such measures may be taken if the Company determines that the User has violated these Terms or has acted in a way that is inappropriate in view of the spirit of these Terms. Such measures may, regardless of the presence or absence of the responsibility of the User including an inappropriate act by the User, be taken at its sole discretion of the Company, and the Company shall have no duty to explain to the User the reason the Company took such measure.
- In the event the measure, including suspension of use, is implemented by the Company pursuant to this Paragraph 11 (Prohibited Conduct), the User shall not be entitled to a refund for the remaining subscription period of any Paid Service.
12. Anti-Spam Policy
- The Company strictly prohibits the User from sending “spam” e-mail in connection with using the Service, and the User shall comply with the following (the “Anti-Spam Policy”).
- Compliance with anti-spam policy
- The Company prohibits acts that fall under sending spam e-mails as stated in the following Subparagraph c) in connection with the use of the Service.
- The User shall comply with the Anti-Spam Policy in using the Service.
- If the User found to be in violation of the Anti-Spam Policy at any time, as determined by the Company in its sole discretion, the Company may suspend or terminate the User’s account without prior notice. If any damage is caused to the User as a result of such termination, the Company shall not be liable for such damage, and the User shall not be entitled to a refund for the remaining subscription period of any Paid Service.
- Sending spam e-mail shall mean any of the following acts:
- Sending an e-mail to the recipient of the questionnaire in the Service (the “Recipient”) who has no business relationship or personal friendship with the User;
- Sending an e-mail without a request from or the prior consent of the Recipient;
- Sending an e-mail that has a return address that is not owned or managed by the User;
- Sending e-mails to addresses that the User have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission;
- Sending e-mails to addresses that are automatically collected on the Internet by an e-mail address search or gathering program;
- Sending e-mails containing any of the following in its title, text, or attached web link:
- (1) Expressions and/or content that is likely to be mistaken or misunderstood as false, unfair, or exaggerated expressions;
- (2) Expressions and/or content that is a fraud, pyramid scheme, and/or fraudulent sale;
- (3) E-mail in which a certain device is intentionally incorporated that prevents the Recipient from being able to go back to the page that the Recipient had previously viewed by use of the "back" button of the browser from the linked page;
- (4) E-mails in violation of the CAN-SPAM Act of 2003; and
- (5) Other expressions and/or content that the Company deems inappropriate.
- The Company may, pursuant to the following criteria, determine that e-mail sent by the User is a spam e-mail:
- If the Company determines that the e-mail sent is identified as such pursuant to paragraph 12(c);
- If the User’s identification is displayed by spoofing and identity verification is not possible;
- If the Company determines that the User’s level of spam complaints or bounce rate is materially higher than industry standards;
- If there are complaints about the e-mail transmission of the User from a communication carrier such as a provider; and
- If the Company determines that a subject or a content of transmission of an e-mail sent by the User by using the Service is inappropriate.
- The User, by using the Service, warrants to the Company the following:
- The User is not using any e-mail address that was illegally or unjustly obtained from a third party in connection with its use of the Service;
- Any e-mail sent by User in connection with the Service will contain an “unsubscribe” link that allows the Recipients to remove themselves from the User’s e-mail messages;
- Any request to unsubscribe will be honored with in 10days of the date of request;
- The User will not hide, disable, re remove or attempt to hide, disable, or remove the “unsubscribe” link from its e-mails;
- The User will not use subject lines that mislead the Recipients about the contents or subject matter of the message;
- The User will ensure that the routing and header information including your emails “From” and “To,” the originating domain name and email address are true and accurate;
- The Recipients will have signed up for the delivery of such e-mail by filling in an e-mail request form or by sending an e-mail to the User requesting such e-mail;
- The prior consent of the Recipients has been obtained;
- The User’s identifying information (name, company name, company address,name of person in charge, contact phone number, fax number, e-mail address, etc.) is explicitly stated in its e-mails; and
- The User will not send any commercial electronic mail messages to any Recipient that has opted out, unsubscribed or otherwise objected to receiving such messages from the User.
13. Information Security
The Company shall, in providing the Service, recognize the importance of information security and take measures for the risk of leakage of information in accordance with the Information Security Policy prescribed by the Company.
14. Suspension, Change, or Termination, etc., of the Service
- The Company reserves the right to, without prior notice to the User, change, suspend, or terminate the Service (including the specifications and the methods of distribution of the Service, and the contents of the information provided by the Service) in whole or in part.
- The Company reserves the right to, at its discretion, add a new service and change or terminate it, and the User shall, with the consent thereto, use the Service.
- In any of the following events, the Company reserves the right to, without prior notice to the User, suspend or terminate the Service in whole or in part.
- The Company or a third party designated by the Company is performing maintenance work or other construction of facilities related to the Service;
- A failure or disorder of facilities related to the Service caused by the Company or a third party designated by the Company;
- A natural disaster, war, disturbance, riot, power failure, or other emergencies occur;
- Demand by a public institution, such as a court; and
- The Company deems it necessary for other operational or technical reasons.
- If the Company changes, suspends, or terminates the Service in accordance with these Terms, the Company shall not be liable for any damages incurred by User as a result of such change, suspension, or termination.
15. Disclaimer and Limitations of Liability
- By using the Service, the User agrees to the following:
- EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED TO THE USER “AS IS” AND THE USER AGREES THAT IT USES THE SERVICE AT ITS OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. THE USER ACKNOWLEDGES AND AGREES THAT THE COMPANY MAKES NO DIRECT WARRANTY OF ANY KIND TO THE USER UNDER THIS AGREEMENT;
- THE COMPANY MAKES NO WARRANTY OF FUNCTION OF THE SERVICE OR SUITABILITY OF THE SERVICE FOR THE PURPOSE OF USE OR EQUIPMENT USED AND HAS NO DUTY TO CHANGE OR REVISE THE SERVICE;
- THE COMPANY MAKES NO WARRANTY OF QUALITY, ACCURACY,APPROPRIATENESS, LEGALITY, USEFULNESS, NON-EXISTENCE OF A MALICIOUS ELEMENT, SUCH AS VIRUS OR OTHER MATTERS OF THE SURVEY RESULTS OR THE STATISTICAL INFORMATION OBTAINED BY THE USE OF THE SERVICE;
- THE COMPANY MAKES NO DUTY TO WARRANT TO THE USER THAT THE SERVICE DOES NOT, EXPLICITLY OR IMPLICITLY, INFRINGE ANY RIGHTS OF A THIRD PARTY;
- THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DAMAGE CAUSED BY DETERIORATION OF THE DISPLAY SPEED OR FAILURE OF THE SERVICE DUE TO EXCESSIVE ACCESS OR OTHER UNEXPECTED REASONS; AND
- ANY USER THAT HAS SUFFERED ANY DAMAGE BY ANY MEASURE TAKEN BY THE COMPANY IN ACCORDANCE WITH THESE TERMS, SUCH AS SUSPENSION OR TERMINATION OF THE SERVICE, SHALL HAVE NO RIGHT TO MAKE A REQUEST TO DISCLOSE THE REASON FOR SUCH MEASURE AND SHALL NOT CONTEST SUCH MEASURE.
- IF THE COMPANY RECEIVES A REQUEST FROM ANY RECIPIENT TO NOT RECEIVE ANY E-MAILS RELATED TO THE SERVICE OR FROM THE USER, THE COMPANY RESERVES THE RIGHT TO, WITHOUT ANY REPORT TO THE USER AND AT ITS DISCRETION, SUSPEND THE DELIVERY OF SUCH E-MAILS TO SUCH RECIPIENT. EVEN IF ANY DAMAGE IS CAUSED TO THE USER BY THIS, THE COMPANY SHALL NOT BE HELD LIABLE.
- THE USER SHALL, AT SUCH USER’S RESPONSIBILITY AND EXPENSE, APPROPRIATELY BACK UP THE USER’S INFORMATION IN CONNECTION WITH THE SERVICE, AND THE COMPANY SHALL HAVE NO DUTY TO THE USER TO REMOVE OR BACK UP THE USER’S INFORMATION.
- THE USER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS SHALL BE TERMINATION OF THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH OF THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO THE USER ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY THE USER TOWARDS SUCH SERVICE.
The User agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, suppliers and licensors, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that the User has used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms, or any other claim related to the User’s use of the Service, except where such use is authorized by the Company.
- If any provision of these Terms is found to be void or unenforceable, the other provisions shall remain in full force and effect. In addition, a failure by the Company to enforce any provision of these Terms, it shall not amount to a waiver.
- All the rights and obligations of the Company under these Terms may be freely assigned by the Company without written consent. The User may not assign these Terms without the Company’s prior written consent.
18. Governing law
The establishment, effectiveness, performance, and resolution with respect to these Terms shall be governed by Japanese law.
19. Court of competent jurisdiction
Lawsuits related to all disputes arising from or related to these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court.
- These Terms are effective February 10, 2016.