Section 1 General Provisions
Article 1 (Object and Scope of Application of the Agreement)
1. The IPPOGRIFF user agreement ("the agreement") applies to the "IPPOGRIFF" service administered by Projeteam, Inc. ("the company"), and to the site user of the website administered by the company. The user of the service shall use the service upon a full understanding of the content of the agreement, and agrees to abide by the detail thereof, and upon use of the service, the site user agrees to abide by the agreement.
2. The rules, miscellaneous cautions, user guides, notices, and the like pertaining to use of the service, posted from time to time by the company on the site, constitute portions of the agreement.
Article 2 (Modifications)
1. From time to time, the company shall have a right have a right to modify the agreement through a posting by the company. When the agreement is modified, the company shall make a posting on the site. the agreement that has been modified shall be in effect immediately upon posting of the agreement, after modification, on the site.
2. The site user who uses the service after posting of the agreement, after modification, on the site shall be deemed as having agreed to the modification.
Article 3 (Definition of Terms)
1. "The site" shall include websites administered by the company under the name of "IPPOGRIFF," other related websites, and information sent from these websites, such as email newsletters.
2 "The site user" shall be defined as one who views the site, as an individual or corporation that receives provision of the service, whether a member or not.
3. "Member" shall refer to a site user that is an individual or corporation that has carried out a prescribed membership registration procedure on the site.
4. "The service" shall be defined as the directory of information for a member who is to carry out information comparison and place and order for services (where said member shall be defined as a "client") regarding the services for patent application procedures to patent offices in foreign countries, and for a member who is to provide prosecution services for patent application procedures to the patent office on behalf of the client (where said member shall be defined as a "local agent"), and services ancillary or related thereto, and includes also services after the changes, or the like, in the event that there are additions, changes, or the like to the service.
Part 2 Membership Registration
Article 4 (Membership Registration)
1. Only the party that is to be the member (or, in the case of a corporation, a party having external contract authority thereof) shall have a right to apply for a membership registration.
2. The member shall register under his or her real name.
3. The party that has perform the membership registration procedure, when inputting registration information, guarantees that the information that is inputted is complete and accurate.
4. the company shall have a right to refuse membership registration, Without notification of the reason, in the event that a reason in any of the numbered items below applies
(1) A violation of the agreement in the past, or a disposition such as cancellation of membership credentials of the service;
(2) A risk of violation of the agreement;
(3) An evaluation that there is false information in the registration information, or an inability to verify that the registration information is accurate;
(4) A violation of law, regulations, ethical regulations, or the like, or a risk of such a violation;
(5) A finding by the company that there is some type of relationship or contribution to antisocial forces, or the like;
(6) Age of less than 20 years; and/or
(7) Any other determination, by the company, of impropriety.
Article 5 (Modification of Registration Information)
In the event of a change in registration information, the member shall update promptly the application and the registered information to the most recent information.
Section 3 Use of The Service
Article 6 (Use of the Service)
The service shall be used only by the member.
Article 7 (Details of the Service)
1. The company, through the service, shall provide information that is valuable for the client and the local agent to carry out business transactionsengagement agreement, and shall provide services ancillary or related thereto.
2. Except when the company is explicitly a party to the transaction, the purpose of the service is that of carrying out businessengagement, as necessary, through achieving direct communication between the member that is the client and the member that is the local agent, and the company is not a party to the transactions, nor contributes, either directly or indirectly, to the agreement regarding the services transacted between the client and the local agent.
3. In regards to settlement clearinghouse services for payment from the client to the local agent based on the transaction wherein there has been a successful service transaction between the client and the local agent, the client and the local agent shall commission the company based on the provisions of Article 9, Article 10, and Article 11, where the company shall accept said commission and provide settlement clearinghouse services for payments from the client to the local agent.
4. The client and the local agent shall carry out a service agreement between the client and the local agent after confirming the necessary information at their own risk and discretion.
5. The Member, at its own risk and discretion, shall have a right to post necessary information on the site. However, the company shall have a right to take necessary measures, including removing postings by the member, and terminating the usage by the member, without notice, upon determination that any of the following applies to the content posted by the member
(1) A violation of law, or of public order and morals;
(2) A violation of the agreement, or the risk of such a violation;
(3) A finding by the company that there is a poor fit with the operating policies of the service;
(4) A finding by the company that the information is confidential information of a member;
(5) A finding that the information is otherwise inappropriate.
6. When the member uses a for-fee option provided by the company, the site user of the for-fee option shall be obligated to pay the amount determined through the for-fee option use fees. the member shall have a right to use a for-fee option upon the company to confirm payment of the for-fee option, or upon confirmation of ordering of the for-fee option through other means established by the company.
Article 8 (Handling of Cancellation)
Upon a cancellation of an engagement agreement between the client and the local agent due to any reasons, the client shall inform The company via the site.
Section 4 Payment
Article 9 (Settlement Clearinghouse Services)
1. The company shall act as a settlement clearinghouse for carrying out services for settlement of payment to the local agent through receiving a deposit in trust from the client. The client shall pay to the company, through a method designated by the company separately, an amount equal to the total amount of charges based on transactions, including compensation for the local agent, agreed upon between the client and the local agent, and patent office costs and miscellaneous expenses, with addition of a settlement clearinghouse service fee prescribed by the company.
2. A exchange rate that is specified at the time and through the method prescribed by the company, based on the foreign exchange market rate, shall be applied to the currency conversion in the settlement clearinghouse services.
3. The settlement between the client and the local agent shall be deemed as having been completed when the client has paid, to the company, the funds of the previous paragraph.
Article 10 (Payment of Charges by the Client)
1. On or before a payment deadline agreed upon between the client and the local agent, the client shall pay, to the company, an amount equal to the total amount of wherein the prescribed settlement clearinghouse service fee has been added to the charges. Bank transfer fees incurred in the payment by the client to the company shall be borne by the client.
2. In the event of cancellation from the client side, unless due to an unavoidable circumstance such as force majeure such as a natural disaster, no funds shall be returned. In the event of cancellation by the local agent side, in principle the total amount of the charges shall be returned to the client side.
3. One month after the day of completion of the services agreed upon between the client and the local agent shall be defined as the time interval over which an application for return of funds may be received, where the client may apply to the company during this time period for the return of funds, and the company shall determine whether or not a valid reason, as established separately, for return of funds applies. If the company finds that there is a valid reason for return of funds, in the previous paragraph, the local agent shall agree to the return of funds, and shall return the funds to the client.
Article 11 (Payment of Charges to the Local Agent, and System Usage Fees)
1. The local agent shall commission, to the company, the payment receipt services.
2. The local agent shall pay, through a method selected by the local agent, from among payment methods designated by the company, the monthly system usage fees prescribed by the company, by the prescribed payment date each month. the company shall have the right, through a posting by the company, to modify the system usage fees, and the company shall provide notification regarding the modification, in advance, to the local agent through a method determined by the company.
3. The local agent shall pay, to the company, a settlement clearinghouse service fee prescribed by the company, through a method specified in the next paragraph.
4. After confirming that the client has paid, to the company, the amount of the charges, the company shall, within 10 business days, pay, through a method selected by the local agent from among payment methods designated by the company, an amount equal to the payment received on behalf of the local agent less the settlement clearinghouse service fee. No interest shall accrue regarding the payment.
5. Any bank transfer fees on the payment from the company to the local agent shall be borne by the company. In the event that there is the need for a repeat payment due to a defect in the bank account information for making the deposit, registered by the local agent, the bank transfer fees for the second payment attempt, or beyond, shall be borne by the local agent, and the company shall pay, to the local agent, an amount wherein the bank transfer fees for the repeat payment attempt have been deducted.
6. In the event that the company recognizes a non-penalty cancellation by the client due to circumstances to which a reason, established separately, applies, such as force majeure such as a natural disaster, the local agent shall be obliged to accept the cancellation without a cancellation fee.
7. In a case described below, the company shall have a right to deem the local agent as having abandoned its right to claim payment from the company based on the provisions in Paragraph 3
(1) Despite notification by the company, the local agent has not, within one year of the date of start of performance of the services agreed upon with the client, selected the payment method from among the methods designated by the company; or
(2) Despite notification by the company, the local agent has not designated a valid deposit bank account (if a bank account transfer is selected from among the methods designated by the company), within one year of the date of the start of performance of the services agreed upon with the client.
Section 5 Agreement Common to Services
Article 12 (Handling of Personal Information)
In the service, the company shall handle personal information in accordance with provisions of the PERSONAL INFORMATION PROTECTION POLICY set forth separately.
Article 13 (Prohibitions)
1. The site user shall not engage in of the following conduct
(1) An conduct that infringes on a right of a member or of a third party
(a). An conduct that infringes on a right of a third party, whether an individual or a corporation (such as property rights, intellectual property rights, copyrights, rights to privacy, rights to name, rights to likeness, reputation, and the like)
(b). An conduct that that leaks a company secret, or that violates an obligation to secrecy
(c). An conduct that violates internal rules of the applicable company, group, or the like
(2) An conduct that interferes with appropriate provision of service
(a). An conduct wherein false information is registered, posted, or displayed
(b). An conduct wherein multiple accounts are registered or an account is used illegally, such as allowing one's account to be used by another party
(c). An conduct that transfers, to another party, a right to participate in business established by the service, without the consent of the company
(d). An conduct that performs business without payment of usage fees despite having made contact through the service
(e). An conduct that avoids payment of a usage fee to the company, such as carrying out communications other than through the site, entering into a service agreement that excludes the company, evading use of the settlement system provided by the company, or the like, despite having learned of the experience, skills, or the like, of the local agent through the service
(3) An conduct that interferes with the operations of the company
(a). An conduct that causes damage to the company system or to the provision of service through, for example, transmission of a virus, illegal access, or the like
(b). Any other conduct that interferes with the service or the operations of the company, or damages the reputation of the company
(4) Use other than for the established purpose
(a). An conduct that provides or solicits information that includes political or religious thought (without approval in advance by the company)
(b). A solicitation to a network business, a multilevel marketing plan, a pyramid scheme, or a solicitation for product sales, a marriage agency, a dating service, or the like
(c). An conduct that violates a regulation of the provider of the service and that violates the prohibition of illegal solicitation activities, based on the laws such as, for example, regulations regarding solicitation of children using an Internet heterosexual introduction service
(d) An conduct that uses the site to solicit affiliate marketing or post a link that is not consistent with the purpose.
(5) An conduct such as replicating the service in whole or in part, modifying the service, editing the service, deleting the service, combining the service with another program, or the like, reverse engineering of the service, reverse assembling of the service, reverse compiling of the service, or the like, or structuring a mirror site, or the like
(6) An conduct that accesses the service through scraping, crawling (through a program such as a crawler, a robot, a spider, or the like), or through other similar means, or that is to acquire information regarding the service, including information such as business cards, or the like, of registered users
(7) An conduct that violates the law, public order and morals, or that risk doing so
(8) Any other conduct determined by the company as being inappropriate.
2. A party that violates a provision of the previous paragraph shall bear obligation for indemnification for damages to the company for an amount corresponding to 10 times the system usage fees prescribed by the company, or the amount of damages experienced by the company, whichever is higher.
3 Notwithstanding the provision of the previous paragraph, if the company determines that there is an conduct that corresponds to a prohibited conduct of the first paragraph of this article, the company shall have a right to take necessary conduct in response to the party of the violating conduct, including a procedure stipulated in the following paragraph, such as terminating usage, canceling membership registration, or the like, without notice.
Article 14 (Terminating Usage, Canceling and deprivation of Membership Registration)
1. In the event that the company determines that the reason in the numbered items below applies to the member, the company shall have a right to temporarily terminate use of the service by the member, cancel membership registration of the member, or deprive membership credentials thereof to prohibit all use thereafter, without notice, or the like
(1) A violation of the agreement
(2) Registration of a party for which registration has been canceled in the past or for which use has been refused
(3) Non-responsiveness to a request from the company to perform remedial action, or the like
(4) Lack of response, in an appropriate amount of time, to a communication from the company to the registered contact address
(5) Another finding by the company that the member is not suitable for the service.
Paragraph 15 (Interruption, Stoppage, or Termination of Service)
1. In the event of any of the following numbered items, the company shall have a right to interrupt, stop, or terminate the service without prior notice to the site users and members
(1) System maintenance regarding the service
(2) Inability to provide the service through force majeure, such as a power outage, a fire, a natural disaster, or the like;
(3) If otherwise deemed necessary.
2. the company shall have a right to terminate or change the content provided in the service without prior notice to the site users and members.
Article 16 (Non-Guaranteed by the company)
1. In regards to the service, the information registered or posted by a member is that the risk and discretion of the member, and the company does not recommend, mediate for, or provide an introduction to any specific local agent, nor does the company make any guarantee regarding the accuracy, lawfulness, or validity of the registrations or postings of the members. Use of the service is entirely at the risk of the member itself.
2. the company makes no guarantees to the member regarding the individual details or quality in the service, nor regarding the capabilities, qualifications, specialties, or other information of the local agents.
3. While the company makes reasonable efforts to confirm the histories, qualifications, and the like of any local agent described through seminars held by the company, or through a blog or other media, ancillary to the service, the company makes no guarantee, pertaining thereto, to the member.
4. While the company engages appropriately the operation of the service, the company makes no guarantee that the service and the site do not include harmful elements such as computer viruses.
Article 17 (indemnity)
1. the company shall bear no liability, regardless of the reason, for losses or damages accompanying any of the following numbered items
(1) A problem between members, or between a site user or a member and a third party, including postings by members through the service, interaction between members, and agreement details
(2) Work or information received through the service that does not satisfy the expectation of the member
(3) Cancellation of an engagement agreement between the client and the local agent
(4) Occurrence of a problem accompanying use of a website other than that of the company, accessed through a link from the service
(5) Loss of data such as registration information, a posting, or the like, in the service
(6) Illegal access or introduction of a computer virus into the site or the system of the company
(7) Inclusion of a harmful element, such as a computer virus, in the site or in an email sent by the company
(8) Interruption, stoppage, or termination of the service
(9) Damage to the member accompanying stoppage, or the like, of usage based on the agreement.
2. The provisions of the previous paragraph, which completely indemnify the company of responsibility for damages, shall not apply to items in the agreement that are a "Consumer Contract" as defined by the Consumer Contract Act. When damages that are experienced by a member in such a case are based on failure on behalf of the company to meet financial obligations or based on illegal conduct by the company, the responsibility for damages by the company shall be limited to ordinary damages experienced directly by the site user, except for the case of willful conduct or gross negligence by the company.
Paragraph 18 (Retention of Rights)
1. Intellectual property rights and copyrights of all content regarding the site and the service shall all be vested by the lawful holder thereof, such as the company, content providers, and the like.
2. In regard to copyrights pertaining to all information that is posted on the service, the member grants to the company, all usage rights, globally and non-exclusively, and royalty-free, including the ability to sublicense and to transfer, replicate, distribute, create derivative products, display, publish, adapt, redeployment, and so forth, regardless of the purpose.
3. No information of the service shall be used or redeployed by other than the company without permission of the company.
Article 19 (Display)
The member shall obtain consent from the company in advance if displaying the name of the company or the service, or a relationship with the site, through any medium, such as advertising, business cards, mailed materials, or the like, if other than through a method and displayed content established in advance by the company.
Article 20 (Assignment of the Service)
In the event of assignment of the operation of the service to a third party, the company shall have a right to assign, to the recipient of the operation, all standing as the provider of the service and standing in the agreement, and all rights, obligations, and registration information, and other information, based on the agreement, and, through agreeing to the agreement, the member agrees in advance to said assignment. The assignment of operations based on this article is not limited to a normal assignment of business, but includes also a case of a corporate spin-off, and other transfers of operations.
Article 21 (Consent to Governing Laws and Jurisdiction)
1. the agreement shall be governed by and construed in accordance with the laws of Japan.
2. The Tokyo District Court shall be the first instance and exclusive court of jurisdiction regarding any disputes arising regarding the service or the agreement.
May, 2017 Established and Enacted
October, 2017 Revised
May, 2018 Revised