RealMotorJapan Corporation ("RealMotorJapan") provides the following regulations (these "Regulations")regarding usage of all services provided by RealMotorJapan (the "Service") through the website operated by RealMotorJapan, RealMotorJapan.co.jp, tradeRealMotorJapan.com (the "Site"). Those who use the Service(the "Users") shall understand, agree to, and comply with each of the provisions of the Regulations.
If you do not agree to accept the Regulations, please refrain from perusing the Site and using the Service. If a User accepts the Regulations by clicking on the accept button on the Site, or by some other method without such clicking requirement, and if the User uses the Service, the User will as a matter of course be deemed to have accepted the Regulations.
Article 1 (Scope of these Regulations)
- RealMotorJapan may change the contents of the Rules and Regulations. In this case, RealMotorJapan shall display the changed contents on the Site and subsequently the User will be bound by the changed Rules and Regulations at the earlier of the point when a User uses the Service for the first time or the point when the notification period provided by RealMotorJapan has passed.
Article 2 (Provision of the Service)
- RealMotorJapan provides the Service to Users through the Site, the Affiliate Sites, or through other methods in order to support the realization of an enriched car life and the sale and purchase of Users' cars.
- The types, contents, and details of the service are as provided and posted on the Site by RealMotorJapan.
- RealMotorJapan shall post the environment necessary or recommended in order to use the Service on the Site. Users shall maintain this usage environment at their own expense and responsibility.
Article 3 (Consideration for the Service)
- Consideration for the Service is free of charge except if otherwise provided.
- If RealMotorJapan provides a service for a fee it shall provide that information in the Rules and Regulations and shall post the amount of the fee, the method of payment, and other necessary information on the Site.
Article 4 (User Registration and Authentication)
- For the parts of the service that require User registration as prescribed by RealMotorJapan, Users shall complete User registration in accordance with the procedures prescribed by RealMotorJapan.
- Users shall confirm and warrant to RealMotorJapan that all of the information they submit, as a true statement, to RealMotorJapan at the time of User registration is accurate, true, and up-to-date. Further, if a change occurs after User registration the User shall promptly change their registration in accordance with the procedures prescribed by RealMotorJapan.
- RealMotorJapan may refuse an application for User registration at its discretion. In such case, the User may not make any claim or objection and RealMotorJapan does not have any obligations, such as to explain the reason for refusal.
- RealMotorJapan shall give registered Users ("Registered Users") an ID, password, and other authentication key ("Authentication Key"), or if the Authentication Key is set bythe Registered User itself, the Registered User shall strictly manage the Authentication Key and shall not disclose, divulge, or allow another person to use the Authentication Key.
- RealMotorJapan may treat all communications conducted correctly using the Registered User's Authentication Key as being deemed to have been conducted by the Registered User itself or by a person given the appropriate authority by the Registered User. In such case, RealMotorJapan is not liable for any damage that occurs to the Registered User, even if it occurs due to misuse of the Authentication Key or due to another reason.
- Registered Users may cancel their User registration in accordance with RealMotorJapan's prescribed procedures at any time.
Article 5 (Contact Information)
- If RealMotorJapan judges that notice is required to be made to a Registered User, it will make the notice to the registered address using electronic mail, postal mail, telephone, fax, or another appropriate method. In this case the notice will be deemed to have arrived when it would normally have arrived, even if it does not arrive or arrives late.
- Questions and enquiries about the Service should be directed to RealMotorJapan by electronic mail or postal mail. RealMotorJapan does not accept enquiries made by telephone, directly visiting RealMotorJapan, or any other method.
Article 6 (Handling User Information)
- In addition to Article 6.1, if RealMotorJapan handles a User's business secrets it shall handle them with the due care of a good manager in accordance with the spirit of the Service.
Article 7 (Intellectual Property Rights)
- Trademarks such as RealMotorJapan (written in English or Japanese) are RealMotorJapan's trademarks or registered trademarks in Japan and other countries.
- The copyrights, image rights, or other rights for all written materials, photographs, video, and other content on posted on the Site or in RealMotorJapan Mail ("RealMotorJapan Web Content") belong to RealMotorJapan or an approved third party, and do not belong to the Users. Unless otherwise stated by RealMotorJapan, Users are only permitted to peruse these contents in the methods prescribed by RealMotorJapan and copying, redistributing, or using the contents in any other way, or changing, or creating derivative works using the contents is prohibited.
- All copyrights or other rights such as for software and files attached to RealMotorJapan Mail or able to be downloaded or used on the Site belong to RealMotorJapan or an approved third party, and do not belong to the Users. Unless otherwise stated by RealMotorJapan, Users are only permitted unassignable usage rights regarding the software, to peruse the Site, or within the minimum required scope in order to use the Service for personal use, and not for profit. RealMotorJapan may cancel the license at any time and in such case the User shall immediately suspend use of the software and delete it from all memory devices managed by the User.
- Copyrights for messages or files etc. contributed to the Site by Users ("Messages")(including the rights set out in Articles 27 and 28 of the Copyright Act) are transferred to and belong to RealMotorJapan as a result of the contribution. Further, Users license the use of Messages by RealMotorJapan (including use for the Service and for advertisements, publication, or other commercial use) and the User shall not exercise an author's personal rights regarding the use. Further, by contributing Messages to the Site, Users represent and warrant that they have all the rights required to use the Messages and to license RealMotorJapan to use them (including copyright for the Messages, and the consent of any individuals that could be identified from inclusion in the subject or model for the Messages, or from the information in the Messages).
Article 8 (Transactions and Communication with Other Operators)
- If anyone other than RealMotorJapan, whether an operator other than RealMotorJapan (regardless of the existence of any capital ties, tie-ups, or contractual relationships with RealMotorJapan.), another User, or another corporation or individual ("Other Operators"),directly provide Users with information within the Service, such as regarding products or transaction conditions, the Service is limited to the provision of the information provided by the Other Operators to Users as it is, and all confirmation and judgment of the contents of the information is conducted at the liability of the Users themselves. RealMotorJapan does not make any warranties or bear any responsibility regarding whether the information is accurate, up-to-date, true, lawful, or compatible for a purpose or otherwise.
- If Users conduct transactions with Other Operators through the Service, RealMotorJapan will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing regarding the transaction between the User and the Other Operator. Further all confirmation of the contents of the transaction and judgment regarding the execution of the transaction is conducted at the liability of the Users themselves. RealMotorJapan does not make any warranties or bear any responsibility regarding the actual existence of the Other Operators, their identity or other attributes, whether they have authority, likelihood of performance of obligations, or performance or non-performance, the transaction's effectiveness, compatibility, actual existence of products, or whether or not the products have flaws.
- If a User contacts a specified or unspecified Other Operator through the service and exchanges Messages or otherwise communicates with them, the User shall make judgments regarding whether or not to disclose information about the User themselves or the User's assets etc. to the other party, or whether files provided by the other party contain harmful programs etc., at their own liability.
- Any disputes between the User and the Other Operators regarding transactions, communication etc. will be resolved at the expense and liability of the User.
- The User acknowledges and agrees that RealMotorJapan, within the limitation of applicable law, monitors the User's communications with the Other Operators for the purpose of ensuring Use's compliance with its obligations under the Regulation, and that RealMotorJapan may restrict, delete, or prohibit such communications, if RealMotorJapan decides it is necessary to do so, based on its sole discretion.
Article 9 (Links and Advertisements)
- RealMotorJapan sometimes posts links from the RealMotorJapan Web Content to other sites. Even in this case RealMotorJapan will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does not bear any responsibility regarding the information and services etc. provided at the linked site. Further, whether authorized or not, the same applies for sites that link to the Site.
- RealMotorJapan sometimes posts advertisements for Other Operators on the Site. Even in this case RealMotorJapan will not make any warranties, endorse, act as an agent, mediate, intercede, or conduct any canvassing, and does not bear any responsibility regarding the products and services etc. provided by the advertiser.
Article 10 (RealMotorJapan's Obligations and Liability)
- RealMotorJapan may suspend or terminate part or all of the Service without prior notice due to system failure, software or hardware breakdown, fault, malfunction, or failure of telecommunication lines.
- The information provided through the Service and communications and other exchanges may be delayed or interrupted as a result of RealMotorJapan or Other Operators not being open for business, the occurrence of any of the events set out in Article 10.1,or for other reasons.
- The information, data, software, products, and services provided by RealMotorJapan through the service may include inaccuracies or faults. Further, RealMotorJapan may add to, change, or delete all or part of this information etc. without prior warning.
- RealMotorJapan will take security measures at the level it judges reasonable regarding the server and other network equipment managed by RealMotorJapan, but it is possible that incidents such as unlawful access, information leakage, or distribution of harmful programs could occur, in spite of these measures. Further, as RealMotorJapan does not take security measures regarding information that travels over the Internet or other open networks unless specifically stated, and since even if security measures are taken they could be overridden, it is possible that information could be stolen, falsified etc.
- RealMotorJapan does not bear any obligation to protect information posted on the site by Users and may arrange, move, or delete the information as appropriate.
- RealMotorJapan does not bear any liability regarding damage suffered by Users resulting from the events set out in each of the above items.
- RealMotorJapan does not bear any liability regarding damage suffered by Users resulting from the parts of the service that are provided free of charge. Further, even ifa User suffers damage resulting from RealMotorJapan's negligence in a part of the servicethat is provided for a fee, RealMotorJapan's liability will be limited to the amount of payment actually received regarding the service that was the direct cause of the occurrence of damage, whether or not any cause for liability exists, such as non-performance of obligations, defect warranty, or illegal acts, excluding damage arising due to special circumstances and lost profits damage.
Article 11 (Prohibited Acts)
- Users shall not conduct any of the actions that fall under the following items in their use of the Service:
- 1.1 breaching the copyrights, trademark rights, or other intellectual property rights, privacy rights, image rights, or other rights of another person, damaging the honor, credibility, or assets of another person, or actions that contribute to this;
- 1.2 exposing information, or know how etc. that is kept confidential by another person;
- 1.3 actions whereby the User behaves threateningly, provocatively, or insultingly to another party, or otherwise causes mental anguish;
- 1.4 forcing another person to enter into an association, activity, or organization, or to furnish transactions, profits etc., or to provide a service, or actions that request such things even though the other person has refused;
- 1.5 registering or posting information which is untrue, or that contains mistakes, or actions that could possibly cause another person to misunderstand the User's identity, products, contents of the service, or transaction conditions;
- 1.6 regrading transactions conducted with Other Operators through the Service, actions that delay performance of obligations, make performance impossible, or imperfect or flawed performance;
- 1.7 collecting, stockpiling, altering, or deleting another person's information;
- 1.8 using the Service under the guise of another person, having multiple people use the same account, or an individual establishing several accounts;
- 1.9 unauthorized access or attempting to use unauthorized access, sending computer viruses, back-door or other unauthorized commands, programs, data, etc. to another person's computer, or leaving harmful computer programs, etc. in a position whereby another person could receive them;
- 1.10 actions that exceed the scope of normal use and place a burden on the server;
- 1.11 using, gathering, or processing the information provided in the Service by a method other than the method provided by RealMotorJapan, whether legal or illegal, and whether or not it infringes upon rights, or using the Service by a method other than the method provided by RealMotorJapan, for profit or for commercial purposes;
- 1.12 posting information considerably lacking in quality, information for which the meaning is unclear, or other Messages that deviate from the purpose of the Service, or repeatedly posting Messages with the same or similar content;
- 1.13 actions that damage the credibility of RealMotorJapan, the Site, or the Service, or actions that demean the reputation of RealMotorJapan, the Site, or the Service;
- 1.14 actions other than the items set out above that violate laws and ordinances, public standards, or the Rules and Regulations, actions that impede the operation of the Service, and actions particularly provided by RealMotorJapan and posted on the Site.
- RealMotorJapan is not obliged to monitor whether or not the actions set out in the items in Article 11.1 are being conducted in respect of the Site or the Service. Further, RealMotorJapan is not liable for any damage suffered by a User as a result of another User conducting the actions set out in the items in Article 11.1.
- RealMotorJapan may request cooperation from Users regarding the submission of materials, or obtaining information in order to investigate whether or not the actions setout in the items in Article 11.1 have taken place and the details thereof, and Users shall cooperate with such requests; provided, however, that RealMotorJapan is not obliged to conduct such investigations.
Article 12 (Termination of Use)
- RealMotorJapan may, at its discretion, take any or several of the measures set out below in respect of a particular User without any notice; provided, however, that RealMotorJapan has no obligation to take such measures:
- 1.1 suspension or restriction of all or part of the Service.
- 1.2 refusal or restriction of access to the Site;
- 1.3 cancellation of User registration and subsequent refusal of User registration;
- 1.4 amendment or deletion of all or part of messages submitted by a User;
- 1.5 cooperation with criminal or other investigations by investigation agencies and administrative agencies; and
- 1.6 any other measures RealMotorJapan judges appropriate.
- Users may not make any claims or objections regarding the measures in Article 12.1 and RealMotorJapan does not bear any obligation or responsibility such as to explain its reasons for taking the measures.
Article 13 (Damages)
If a User breaches the representations and warranties it made in respect of these Rules and Regulations or RealMotorJapan, or if RealMotorJapan suffers damage due to a User's willful misconduct or neglect, the User shall compensate RealMotorJapan for all damage suffered by RealMotorJapan (including legal fees).
Article 14 (Entire Agreement and Severability)
- If part of the provisions of these Rules and Regulations are judged invalid or unenforceable, the provision will be deemed to have been replaced with an effective and enforceable provision, the details of which are as close as possible to the purpose of the original provision. Further, in such case, the other provisions of these Rules and Regulations will survive and will not be influenced in any way.
- These Rules and Regulations constitute the entire agreement between the User and RealMotorJapan regarding the service and the Site and take precedence over all previous or current communications or suggestions made either electronically, in writing, or verbally.
Article 15 (Target Regions, Governing Law, and Jurisdiction)
- The Service is only provided for residents of the target regions provided by RealMotorJapan and posted on the Site and is not aimed at residents of any other countries or regions. Use of the Service from outside the target regions is prohibited.
- The governing law for these Rules and Regulations, the Site, and the Service is the law of Japan.
- The Tokyo District Court has exclusive jurisdiction as a court of first instance regarding any dispute concerning these Rules and Regulations, the Site, or the Service.
Amended as of April, 2013