TOPDECK Terms of Service

The terms and conditions of use (hereinafter referred to as the 'Terms and Conditions') set forth the terms and conditions for the provision of the Service and the rights and obligations between I&CO LLC (hereinafter referred to as the "Company") and the user (hereinafter referred to as the "User") who agrees to the terms of the Terms and Conditions in connection with the use of the Service. Prior to using the Services, the User must read and agree to the entire Terms and Conditions.

Article 1. (Applicable)

  1. The purpose of the Terms and Conditions is to set out the terms and conditions for the provision of the Services and the rights and obligations between the Company and the User in relation to the use of the Services, and shall apply to all relations between the User and the Company in relation to the use of the Services.

  2. The rules for the use of the Services, as published on the Company's website, constitute an integral part of the Terms and Conditions.

    1. In the event of any discrepancy between the provisions of the Terms and Conditions and the rules and other descriptions of the Services outside the Terms and Conditions, the provisions of the Terms and Conditions shall prevail.

Article 2. (Definitions)

The following terms used in the Terms and Conditions shall have the meanings respectively set out below:

(1) 'Service Agreement' means the contract for the use of the Services concluded between the Company and the User with the Terms and Conditions as the contractual terms and conditions.

(2) 'Intellectual Property Rights' means copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). means.

(3) 'Company Website' means the website operated by the Company, the domain of which is 'top-deck.asia' (including the website after such change if the domain or content of our website is changed for any reason whatsoever).

(4) 'Partner' means any external individual, corporation, or entity with which Company collaborates in relation to the Services.

(5) 'Service' means the online media service provided by the Company under the name 'TOPDECK' (if the name or content of the service is changed for any reason, including the service after such change). The details of the Service shall be set out in the Terms and Conditions and displayed on the Company's Website.

Article 3. (Use and Fees for the Service)

  1. The User may use the Services subject to compliance with the terms and conditions of the Terms and Conditions.

  2. This service is a free service.

Article 4. (Prohibitions)

In using the Services, the User shall not engage in any of the following acts that the Company deems to fall under any of the following items.

(1) Actions in breach of the laws or related to criminal activities.

(2) Fraud, threats or stalking towards the Company, other users of the Services, the Partners or other third parties.

(3) Acts against public order and morals.

(4) Acts that infringe the intellectual property rights, portrait rights, rights of privacy, honour or other rights or interests of the Company, other users of the Services, the Partners or other third parties.

(5) Any use of the Services for purposes other than those specified by the Company.

(6) Posting on the Services or transmitting to the Company, other users or the Partners of the Services any information through the Services that the Company deems to fall under or correspond to any of the following.

1 Information containing excessively violent or cruel expressions.

2 Information that infringes the intellectual property rights, portrait rights, rights of privacy, honour or other rights or interests of the Company, other users of the Services, the Partners or other third parties.

3 Information containing personal data of a third party without the consent of that third party.

4 Information containing computer viruses or other harmful computer programs.

5 Information containing expressions that defame or discredit the Company, other users of the Services, the Partners or other third parties.

6 Information containing excessively obscene language.

7 Information containing expressions that promote discrimination.

8 Information containing expressions encouraging suicide or self-harm.

9 Information containing expressions that promote the inappropriate use of drugs.

10 Information containing anti-social expressions.

11 Information seeking to spread information to third parties, e.g., chain mail.

12 Information containing expressions that are offensive to others.

(7) Acts that place an excessive burden on the Service's network or system, etc.

(8) Reverse engineering or other acts of analysis of software or other systems provided by the Company

(9) Acts that may interfere with the operation of the Service.

(10) Unauthorized access to the Company's network or systems, etc.

(11) Act of impersonating a third party.

(12) Use of IDs or passwords of other users of the Service.

(13) Engaging in advertising, solicitation or business activities on the Services that are not authorised in advance by the Company.

(14) Collection of information about other users of the Service.

(15) Acts that cause harm , damage or discomfort to the Company, other users of the Services, the Partners or other third parties.

(16) Provision of benefits to anti-social forces, etc.

(17) Acts aimed at meeting unknown individuals of the opposite sex .

(18) Acts that directly or indirectly cause or facilitate any of the preceding acts.

(19) Attempting any of the preceding acts.

(20) Any other conduct deemed inappropriate by the Company

Article 5. (Suspension of the Service, etc.)

The Company may suspend or discontinue the provision of the Services, in whole or in part, without prior notice to the User, in any of the following cases.

(1) In the event of urgent inspection or maintenance on the computer system related to the Service.

(2) In the event that the Service cannot be operated due to computer or telecommunication line failures, mishandling, disruptions, unauthorized access, hacking, etc.

(3) In the event that the Service cannot be operated due to force majeure, such as earthquake, lightning, fire, windstorm, flood, power outages or other natural disasters.

(4) In any other case where the Company deems it necessary to suspend or discontinue the Service.

Article 6. (Ownership)

  1. All Intellectual Property Rights in relation to the Company's Website and the Services belong to the Company or its licensors. The use of the Services shall be deemed to create a license in or under any Intellectual Property Rights of the Company or its licensors .

  2. The Registered User represents and warrants to the Company that he/she has lawful rights to the information posted or otherwise transmitted and that such information does not infringe the rights of any third party.

Article 7. (Feedback)

In the event that the User provides any improvements, suggestions or other feedback (collectively, "Feedback") in relation to the Services or the Company, the User hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce, distribute, create derivative works from, display and perform such Feedback.

Article 8. (Termination and Suspension of User Accounts , etc.)

  1. The Company may, without prior notice or demand, suspend or terminate the User's access to the Service, and claim an amount equivalent to the profits made by the User, if the User engages in any of the following.

(1) Violation of any of the provisions of the Terms and Conditions

(2) Discovery of false information in the registration details

(3) Failure to respond to the Company’s enquiries or other communications for a period exceeding 30 days

(4) Use of the Service or its constituent data beyond the purpose of providing the Services.

(5) In any other case where the Company deems the use of the Services to be inappropriate.

  1. In the event of any of the events in the preceding paragraphs, all outstanding Obligations payable by the User hereunder shall become immediately due and payable.

  2. The User who has been suspended under this Article shall not be permitted to re-access the Service, unless the Company agrees otherwise.

Article 9. (Modification or Termination of the Service)

  1. The Company may modify or discontinue the Services at its sole discretion.

  2. In the event the Company discontinues the Services, the Company shall notify the Registered User in advance.

Article 10. (Disclaimer)

  1. The Company makes no warranty, express or implied, that the Services will be fit for the User's particular purpose, have the expected functionality, commercial value, accuracy or usefulness, comply with the laws and regulations applicable to the User or the internal industry rules in the User's use of the Services, be continuously available, be free of defects, or not infringe the rights of third parties.

  2. If the User saves or otherwise save or otherwise backs up any content on the Services, the User shall do so at his/her own risk and the Company shall not be liable for the loss , deletion, etc. of such content.

  3. The Company shall not be liable for damages incurred by the User in relation to the Service in excess of JPY 10,000, nor shall it be liable for compensation for consequential, indirect, special, future or lost profit damages. However, this shall not apply in the event of intent or gross negligence on the part of the Company.

  4. Any transactions, communications or disputes between the User and other users, the Partners or third parties in connection with the Services or the Company's Website shall be resolved by the User at his/her own risk.

  5. The Company does not guarantee that the Service is compatible with all information terminals, and the Registered User agrees in advance that defects may occur in the operation of the Service as a result of OS upgrades, etc. of the information terminal used for the Service. The Company does not guarantee that such defects will be eliminated by the modification of programmes, etc. carried out by the Company in the event of such defects.

Article 11. (Confidentiality)

The User shall treat any non-public information disclosed by the Company to the User in connection with the Services as confidential, except with the prior written consent of the Company.

Article 12. (Handling of user information)

  1. The handling of the User's user information by the Company shall be governed by a separate privacy policy of the Company, and the User agrees that the Company shall handle the User's user information in accordance with this privacy policy.

  2. The Company may, at its discretion, use and disclose the information, data, etc. provided by the User to the Company as statistical information in a form that does not identify the individual, and the User shall not object to this.

Article 13. (Amendments to the Terms and Conditions etc.)

The Company reserves the right to amend the Terms and Conditions as it deems necessary. If the Agreement is to be amended, the Company shall make known or notify the User of the effective date and content of the amended Terms and Conditions by posting on the Company's Website or by any other appropriate method. However, in the case where legal consent is required for the amendments, the consent of the User shall be obtained in the manner prescribed by the Company.

Article 14. (Communication/Notification)

  1. Enquiries and other communications or notifications from the User to the Company concerning the Services, as well as notifications and other communications or notifications from the Company to the User concerning changes to the Terms and Conditions, shall be made in the manner determined by the Company.

  2. If the Company contact or notify the User's email address or other contact details, the User shall be deemed to have received such contact or notification.

Article 15. (Assignment , etc.)

  1. The User shall not assign, transfer, grant security over or otherwise dispose of his/her contractual position, rights, or obligations under the Terms and Conditions to a third party without the prior written consent of the Company.

  2. In the event that the Company transfers the business relating to the Service to another entity, the Company may transfer the contractual position, rights, and obligations under the Terms and Conditions, the User's registration details and other user information to the transferee of such business transfer. The User shall be deemed to have agreed to such transfer in advance in this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also company splits and all other cases where business is transferred.

Article 16. (Severability)

If any provision of the Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or any other laws or regulations, the remaining provisions of the Terms and Conditions and the remaining part of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 17. (Language)

The Japanese language is the governing language of the Terms and Conditions. Any translation of the Terms and Conditions into English or any other languages shall be for reference purposes only and shall not affect the validity and interpretation of the Terms and Conditions in any way.

Article 18. (Governing Law and Jurisdiction)

  1. The Terms and Conditions and the Service Agreement are governed by laws of Japan.

  2. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes arising out of or in connection with the Terms and Conditions or the Service Agreement.

Established 18 August 2023.