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利用規約序文                                

利用規約とは何か?

以下に掲載されている利用規約はbrainersが運営する楽市楽座にあなたがアクセスするための唯一のルールとなります。あなたはいかなる変更・修正を当該利用規約に加えることは出来ません。

あなたが当該サービスの利用を希望されるなら当該利用規約を受け入れなければなりません。

なぜ利用規約を読む必要があるのですか？

あなたに提供されるサービスを適切に利用して頂くためにサービス内容を完全に理解していただくことが大変重要だからです。我々はあなたが利用規約のもとサービス利用することを分かりやすく理解していただくために文章としてここに掲載しました。

利用規約

A.  規約の同意

利用規約はbrainers（楽市楽座、楽市楽座のウェブ）があなたにbrainers・楽市楽座・楽市楽座のウェブにアクセスして我々の提供するサービスを利用することの唯一のルールとなるものです。あなたが楽市楽座に登録する行為を持ってサービスの利用規約に同意したものとみなします。

上記以外の利用規約は下記に項目ごとに細分化しています。:

B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.

B.  brainers・楽市楽座があなたに負う義務

利用規約により、brainers・楽市楽座は:

  1. 利用規約に変更を加えた時にあなたにお知らせします。詳しくは 利用規約の修正をご一読下さい。
  2. あなたがサービスを利用している間、'あなたがbrainers・楽市楽座に負う義務 ' を思い起こしていただく努力をします。
  3. 責任ある方法であなたの個人情報を扱います。セキュリティとメンバーのプライバシーをご一読下さい。
  4. Supply you with access to an on-line facility to network with myonlinefriends .
  5. Supply The Service using operating procedures designed to ensure The Service's security and System availability.
  6. Answer any queries you have regarding The TOU, Service and The operation of your account.

C.  Your Obligation to myonlinefriends

  1. You will accept liability for some events which may occur. See Idenification.
  2. You will read, acquaint yourself fully and comply with all aspects of The TOU. If There are any aspects which you do not fully understand you will seek clarification from myonlinefriends .
  3. You are aged 18 or over.
  4. You will at all times use The Service in good faith and in a responsible manner.
  5. You will not allow anyone oTher Than yourself and myonlinefriends to access your account.
  6. You will use The Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of The Service in whole or in part to any oTher person without myonlinefriends prior written approval.
  7. You will use The Service only for lawful purposes and in a manner which does not infringe The rights of or restrict or inhibit The use of The Service by any Member and/or myonlinefriends .
  8. Comply with all terms of Members Conduct and Member Account Registration of The TOU.

D.  Security and Member Privacy

You are responsible for maintaining The confidentiality of your password and account. FurThermore, you are responsible for any and all Member accessible activities THat occur under your account. You agree to notify myonlinefriends immediately on becoming aware of any unauthorized use of your password or account or any oTher breach of security.

myonlinefriends has put in place security measures to protect against The loss, misuse and alteration of The information collected. Our web servers are locked in cages in a highly secure Internet data centre. A 'firewall' (an Internet security device) sits between The myonlinefriends website and The internet to help prevent any unauTHorized user from accessing any data.

You agree that myonlinefriends and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfill the obligations under this Agreement. To learn more about how The Service deals with privacy Then please see The FAQs in The Privacy Policy

myonlinefriends reserves The right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of myonlinefriends or enforce The TOU.

myonlinefriends reserves The right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.

It is possible that as we continue to develop our website and our business, myonlinefriends service and/or related assets might be acquired. Notwithstanding any provision in The Privacy Policy to The contrary, in event of a merger or acquisition, your personal information may be transferred to The acquiring entity, and become subject to The acquirer's data practices upon consummation of a transaction.

E.  Member Account Registration

To register as a myonlinefriends Member, you agree to:

  1. Provide us with current, complete and accurate information about yourself (The registration data);
  2. Maintain and promptly update The registration data to keep it current, complete and accurate at all times;
  3. To represent only yourself on The Service, and no other persons, living, dead, or imagined.

If you provide any information that is not current, or is incomplete or inaccurate, or myonlinefriends has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, myonlinefriends has The right to suspend or terminate your membership, and refuse any and all current or future use of The Service.

Under no circumstances do myonlinefriends have any obligations under The Agreement to check The accuracy or truthfulness of The registration data of any Member.

F.  Member Conduct

As a condition of your use of The Service, you guarantee to myonlinefriends THat you will not use The Service for any purpose that is unlawful and / or prohibited by These terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including The content of your transmissions through The Service. By way of example, and not as a limitation, you agree NOT to:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate The rights (such as rights of privacy and publicity) of others.
  2. Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
  3. Create a false or misleading identity of, including, but not limited to, a myonlinefriends employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
  4. Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit The functionality of any computer software or hardware or telecommunications equipment.
  5. Attempt to gain unauthorized access to The Service, other accounts, computer systems or networks connected to The Service, through password mining or any other means.
  6. Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
  7. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
  8. Interfere with another member's use and enjoyment of the Service.

without prejudice to The Security and Member Privacy of The TOU, myonlinefriends has no obligation to monitor The Service or any member's use thereof.

G.  myonlinefriends Proprietary Rights

You acknowledge and agree that The myonlinefriends content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of The Service by myonlinefriends is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with The TOU.

Certain of The names, logos, and oTher materials displayed on The myonlinefriends web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of myonlinefriends . Ownership of such IP rights remains with myonlinefriends . You are authorised to use such IP rights during The process of promoting and using The myonlinefriends service hosted by The Service.

H.  Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT:

  1. Your use of The Service is at your sole risk.
  2. The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of myonlinefriends contained in this TOU are given in place of and replace, exclude and extinguish all and every oTher condition or warranty whatsoever on The part of myonlinefriends, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to The full extent permitted by law.
  3. The information and content included in or available through The Service may include inaccuracies or typographical errors.
  4. Changes are periodically added to The information contained with The Service and myonlinefriends and/or its respective suppliers may make improvements and/or changes in The Service at any time.
  5. No advice or information, whether oral or written, obtained by you from myonlinefriends or through The Service shall create any warranty not expressly stated in The TOU.

Except as otherwise expressly provided in The TOU, myonlinefriends does NOT represent or warrant that:

  1. The Service will meet your requirements.
  2. The Service will be uninterrupted or error-free, timely or secure.
  3. Defects or errors will be corrected, or that The Service or The server that makes it available, are free of viruses or other harmful components.
  4. The use of or The results of The use of The Service or The content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
  5. The content of The Service input by other members is correct or accurate.

I.  LIMITATION OF LIABILITY

  1. YOU AGREE THAT myonlinefriends SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
    1. PROVIDED THAT myonlinefriends HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH The SERVICE.
    2. ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT myonlinefriends SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER myonlinefriends HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON The SITE.
    3. CONDUCT OF ANY OTheR MEMBER OR ANY INFRINGEMENT OF ANOTheR'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
    4. ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, withOUT LIMITATION:
      • DAMAGES FOR LOSS OF USE;
      • DATA GOODWILL;
      • PROFITS, OR OTheR INTANGIBLE LOSSES;

      ARISING OUT OF OR IN ANY WAY CONNECTED with:
      • USE OR PERFORMANCE OF The SERVICE OR RELATED WEBSITES;
      • DELAY OR INABILITY TO USE The SERVICE OR RELATED WEBSITES;
      • PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
      • SERVICES OBTAINED THROUGH The SERVICE, OR OTheRWISE ARISING OUT OF The USE OF The SERVICE;
      • ERROR;
      • OMISSION;
      • INACCURACY;
      • INTERRUPTION;
      • DELETION;
      • DEFECT;
      • DELAY IN OPERATION OR TRANSMISSION;
      • COMPUTER VIRUS;
      • COMMUNICATION LINE FAILURE;
      • TheFT;
      • DESTRUCTION OR UNAUTHORIZED ACCESS;
      • ALTERATION;
      WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ORWISE - EVEN IF myonlinefriends OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
  2. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
  3. AT ALL TIMES AND IN ANY EVENT The TOTAL LIABILITY OF myonlinefriends TO ITS MEMBERS SHALL BE LIMITED TO The TOTAL ANNUAL MEMBERSHIP FEE PAID BY The INDIVIDUAL MEMBER TO myonlinefriends

J.  Identification

You agree to identify, depend and hold harmless myonlinefriends , its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any Third party due to or arising out of your use of or conduct on The Service.

K.  Modification and Termination of The Service

You agree that myonlinefriends , in its sole discretion, may terminate your password, account or use of The Service, and remove and discard any content within The Service, for any reason, including without limitation, if myonlinefriends believes that you have violated or acted inconsistently with the letter or spirit of The TOU.

myonlinefriends may also, in its sole discretion and at any time, discontinue temporarily or permanently providing The Service, or any part there of, with or without notice. You agree that any termination of access to The Service under any provision of the TOU may be effected without notice, and acknowledge and agree that myonlinefriends may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service UNLESS agreed in writing with myonlinefriends . Nevertheless, where possible, myonlinefriends will use reasonable endeavours to give Members fair notice of termination or suspension of Their access to The Service.

Further you agree that myonlinefriends shall not be liable to you or any Third party for any termination or suspension of access to The Service or modification of the Service.

L.  Modifications to The TOU

myonlinefriends may revise These Terms of Use from time to time, in our discretion. We encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post The updated Terms of Use on The Website. Please note that the changes become effective immediately at the time of posting.

myonlinefriends reserves the right at any time to modify or discontinue, temporarily or permanently, The Service (or any part there of) with or without notice. You agree that myonlinefriends shall not be liable to you or any third party for any modification to or discontinuance of the service.

M.  TOU Violations

Please report any violations of The TOU to Customer Support at support@myonlinefriends.com

N.  Entire Agreement

These TOU constitute The entire agreement between myonlinefriends and The Member and supersede any previous agreement or understanding between myonlinefriends and The Member.

O.  Governing Law

These TOU shall be governed in all respects by English Law and the parties submit to english law and jurisdicton of english courts. .
Copyrights 2004. brainers All rights reserved..
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