This website (“Website”) is operated by High Five LLC (”us” or the “Company”). These terms and conditions of use (hereinafter referred to as the “Terms of Use”) set forth the terms and conditions of use between customers using this website (hereinafter referred to as “Users”) and the Company, and apply to all Users of the Website.
1. Use of the Website
All content on the Company’s website, including but not limited to: text and images, is subject to the following terms and conditions:
(1) The User may use the Website in accordance with these Terms of Use, and shall confirm the contents of these Terms of Use before starting to use the Website and agree to be bound by these Terms of Use. The User shall be deemed to have agreed to these Terms of Use upon starting to use the Website.
(2) Unless the User agrees to these Terms of Use, the User may not use the Website.
(3) If the User is a minor, the User shall obtain the consent of a legal representative such as a person with parental authority before using this Website.
(4) The User shall prepare the equipment, software, etc. necessary to use the Website at the User’s own responsibility and expense. In addition, the User shall bear any communication costs (including packet communication charges) incurred in using this Website.
(5) The Company may place advertisements on the Website.
2. Purpose of use
his Website is provided to the User for private and non-commercial use only. Users may not use all or part of this Website for commercial or similar purposes, without the prior consent of the Company.
3. Prohibited acts
(1) Infringement of the intellectual property rights of the Company or a third party by copying, editing, reproducing, broadcasting, distributing, transmitting, modifying, translating, or adapting all or part of the Website without the Company’s prior consent.
(2) Infringement of the honor, portrait rights, privacy rights or any other rights, or interests of the Company or any third party.
(3) Violation of laws, regulations, or these Terms of Use.
(4) Unauthorized access to this Website and alteration of all or part of this Website.
(5) Transmission of computer viruses or other harmful programs.
(6) Actions that place an excessive burden on the server of this Website.
(7) Offense against public order and morals.
(8) Any acts that damage the honor or credibility of this Website or interfere with its operation.
(9) Any other acts that the Company deems inappropriate.
4. Suspension or discontinuation of this Website
The Company may suspend or discontinue all or part of this Website without the consent of the Users in any of the following cases:
(1) In the event of periodic or emergency maintenance, inspection, or updating of the system.
(2) In case of suspension or interruption of communication lines.
(3) In the event of natural disasters, earthquakes, fire, power outages, war, riots, or other force majeure that challenges the operation of the Website.
(4) When the Company is ordered by law or by the exercise of public authority to suspend or discontinue the operation of all or part of this Website.
5. Disclaimer of Liability
(1) The Company shall not be liable for any damages (including direct and indirect damages, and damages and foregone profits arising from special circumstances whether foreseen by the Company or not) that the User may incur from the use of this Website.
(2) The Company shall not be liable for any damages (including direct and indirect damages, damages and foregone profits arising from special circumstances whether foreseen by the Company or not) that the User may incur as a result of the suspension or discontinuation of the operation of all or part of this Website in accordance with the preceding Paragraph 4.
(3) The Company does not guarantee the validity, reliability, usefulness, or up-to-dateness of the information provided by this Website, nor does it guarantee the suitability of this Website for any other specific purpose of individual Users.
(4) The Company shall not be liable for any dispute between a User and a third party in connection with this Website.
6. Ownership of intellectual property rights
All copyrights and other intellectual property rights (hereinafter collectively referred to as “Intellectual Property Rights”) related to this Website belong to the Company or a third party with legitimate authority. The use of this Website does not include transfer of the Intellectual Property Rights of the content to the User. Therefore, the User may not use (including, of course, unauthorized reproduction, etc.) the content of this Website in any manner beyond that permitted by the copyright law.
7. Personal information of Users
We will handle the Users’ personal information appropriately in accordance with our Privacy Policy.
8. Notification
The Company shall notify the Users in a manner determined by the Company.
9. Modification of these Terms of Use
(1) The Company may modify these Terms of Use without the prior consent of the Users, and the Users agrees to such modifications in advance.
(2) In the event of modification of the Terms of Use, the Company shall notify the Users of the modified Terms of Use by displaying the modified Terms of Use on the Website, and the modified Terms of Use shall become effective from the time of such notification. If the User does not agree to any changes in the Terms of Use, the User may not use the Website after such changes.
(3) The User shall be deemed to have agreed to the changes in the Terms of Use if the User continues to use the Website after the changes in the Terms of Use.
10. Others
If any part of these Terms of Use is determined to be invalid or unenforceable, the remaining Terms of Use shall remain in full force and effect.
11. Governing law and court of jurisdiction
(1) These Terms of Uses hall be governed by the laws of Japan.
(2) The Kyoto District Court or the Kyoto Summary Court shall have exclusive jurisdiction in the first instance over any and all disputes arising in connection with these Terms of Use.