Terms of Use

Terms of Use


These Terms of Use ("the Terms") define the conditions under which Kubota Corporation ("we") offers the Kubota Engine Park ("the Service") on its website. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS. AS A USER OF THE SERVICE, YOU ARE ASKED TO READ THROUGH THE TERMS CAREFULLY.  
WE MAY MODIFY THE TERMS AS WE DEEM NECESSARY AT ANY TIME, WITHOUT NOTIFYING YOU. YOUR USE OF THE SERVICE FOLLOWING SUCH CHANGES INDICATES YOUR ACCEPTANCE OF THE UPDATED TERMS. When we modify the Terms, we will post the updated version on the website so that you may review the latest provisions. 

 

1. Scope

 
The Terms apply to your relationship with us as regards all aspects of your use of the Service. 
From time to time, we may augment the Terms with various other rules ("Other Terms") concerning use of the Service. Regardless of the name given Other Terms, they constitute part of the Terms.
In the event that the Terms contradict a provision of any Other Terms, the Other Terms have precedence unless otherwise noted.

 

2. User Registration

 
For the purposes of the Service, we will deem your registration complete when an administrator sends, by such means as we deem appropriate, a user registration email to you once you have accepted the Terms as part of the registration process. 
If we determine that any of the following occurred during the user registration process, we may freeze or delete your account without disclosing the reason for such action:

(1) If you supplied false information during the registration process
(2) If you attempted to register after violating the Terms in the past
(3) If we determine that your registration is not appropriate for any other reason
 

3. Management of User IDs and Passwords for the Service


As a user of the Service, you are responsible for managing your user ID and password in an appropriate manner.
Never disclose or "loan" your user ID or password to any other person. User IDs and passwords may not be shared by multiple users. When a login occurs with a user ID and password that match the credentials you supplied when you registered as a user, we will deem you to have personally logged into the Service.
EXCEPT IN THE EVENT OF INTENTIONAL HARM OR NEGLIGENCE ON OUR PART, WE ARE NOT LIABLE FOR ANY DAMAGE SUSTAINED AS A RESULT OF THE USE OF YOUR USER ID AND PASSWORD BY OTHER PARTIES.

 

4. Prohibited Conduct

 
As a user of the Service, you agree to refrain from the following conduct:

(1) Conduct that violates applicable laws or social mores
(2) Criminal conduct
(3) Conduct that infringes on the copyright, trademark rights, or intellectual property rights associated with the Service, for example in the content it provides
(4) Use of information obtained via the Service for commercial purposes
(5) Conduct that could obstruct the operation of the Service
(6) Unauthorized access or attempted unauthorized access
(7) Conduct undertaken with the purpose of collecting or accumulating personal data or other information about other users of the Service
(8) Use of the Service for unauthorized purposes
(9) Conduct that would cause other users of the Service or others to experience loss, damage, or discomfort
(10) Impersonation of other users of the Service
(11) Conduct that would provide profit, either directly or indirectly, to any criminal organization through the Service
(12) Any other conduct that we determine to be inappropriate
 

5. Availability of the Service

 
We may halt or cancel the Service, in whole or in part, without prior notice for any of the following reasons:

(1) In the event it becomes necessary in order to perform a maintenance inspection or update the computer systems on which the Service runs
(2) In the event it becomes difficult to provide the Service due to an earthquake, lightning strike, fire, power outage, or natural disaster or other act of God
(3) In the event of a computer, communication line, or other equipment or infrastructure outage caused by an accident
(4) In the event you engage in any of the prohibited conduct described in the "4. Prohibited Conduct" above
(5) In the event we determine that it would be difficult to continue providing the Service for any other reason

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY YOU OR ANY OTHER THIRD PARTY AS A RESULT OF OUR CESSATION OR CANCELLATION OF THE SERVICE.
 

6. Limits on Use and Cancellation of Registration

In the event that you engage in any of the following conduct, we may limit your use of the Service, either in whole or in part, or cancel your registration as a user of the Service without prior notice:

(1) In the event you violate any of the provisions of the Terms
(2) In the event we determine that you supplied false information when you registered
(3) In the event you fail to use the Service for a certain period of time
(4) In the event we determine that your use of the Service is no longer appropriate for any other reason

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY YOU OR ANY OTHER THIRD PARTY AS A RESULT OF THE CONDUCT LISTED ABOVE. 

 

7. Warranty and Disclaimers


WE MAKE NO WARRANTY, EITHER EXPLICIT OR IMPLICIT, AS TO THE ABSENCE OF FACTUAL OR LEGAL DEFECTS IN THE SERVICE (INCLUDING BUT NOT LIMITED TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, UTILITY, SUITABILITY FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, OR INFRINGEMENTS OF RIGHTS).
WE ARE NOT LIABLE FOR ANY DAMAGE THAT YOU SUSTAIN IN CONNECTION WITH THE SERVICE (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR DERIVATIVE DAMAGE), INCLUDING IN THE EVENT WE PROVIDED ADVANCE NOTICE OF THE POTENTIAL FOR SUCH DAMAGE. 
WE ARE NOT LIABLE FOR ANY TRANSACTIONS, CONTACTS, DISPUTES, OR OTHER INTERACTIONS BETWEEN YOU AND OTHER USERS OF THE SERVICE OR OTHER THIRD PARTIES IN CONNECTION WITH THE SERVICE.

 

8. Changes in Service Contents

 
We reserve the right to modify the contents of the Service as well as to halt or cancel the Service without prior notice, and WE ARE NOT LIABLE FOR ANY DAMAGE YOU SUSTAIN AS A RESULT OF SUCH CHANGES.

 

9. Confidentiality

 
All business and technical information that you obtain through use of the Service constitutes confidential information that is our property. You may not disclose or otherwise provide this confidential information to any other party without our advance consent. However, the following information is not considered confidential information:

(1) Information that was already common knowledge or known to you when you obtained it
(2) Information that became common knowledge after you obtained it through no fault of your own
(3) Information that you obtained legally from a third party with a legitimate right to the information without incurring an obligation of confidentiality
(4) Information that you developed on your own

 

10. Use of Personal Data and Cookies

 
We obtain, use, and appropriately manage personal data about you that we acquire in connection with your use of the Service in accordance with our separate Privacy Policy.
We maintain a separate policy concerning use of cookies and use them in accordance with that policy.

 

11. Notice and Other Contacts


We will provide notices and otherwise contact you by whatever means we deem appropriate. Unless you inform us of a change using a separately determined method, we will assume that your contact information is accurate and use it to contact you, and we will assume that these communications reach you once they have been sent.

 

12. Prohibition of Transfer of Rights and Obligations


Absent our advance written consent, you may not transfer or provide as security your standing, rights, or obligations under the Terms to any third party.

 

13. Copyright and Trademark Rights


Unless otherwise noted, copyright for all information provided by the Service (including but not limited to documents, materials, images, and audio) is held by us, the original author, or other right-holders.  Additionally, all information provided by the Service is protected by individual countries' copyright law, treaties, and other laws. Use of this information (including but not limited to its duplication, modification, uploading, posting, transmission, distribution, loan, transfer, sale, and publication) without out advance consent is prohibited, with the exception of personal use, use within the scope clearly defined by the site, and use as recognized by applicable laws.
In the event separate terms of use are provided for individual types of content, those terms take precedence. Copyright for the software provided by the Service is the held by the right-holders of that software. You agree to obey the provisions of the software terms of use or license offered by the right-holder when providing the software as well as the Copyright Act and other applicable treaties and laws.
Rights associated with individual trademarks, badges, logomarks, and product names used by the Service are our property or the property of their respective owners. Their use without our consent or the consent of their respective right-holders is prohibited by law, except as recognized by the Trademark Act and other laws. You must obtain our consent or the consent of the respective right-holders in advance of any use.

 

14. Linked and Linking Sites


The content of third-party websites to which the Service provides links or that link to the Service ("Linked and Linking Sites") is the responsibility of their respective owners. We are not liable for any such content. Use of Linked and Linking Sites is governed by the terms of use of the website in question. WE ARE NOT LIABLE FOR THE CONTENT OF LINKED AND LINKING SITES OR FOR ANY DAMAGE SUSTAINED IN CONNECTION WITH ITS USE. 
Inclusion of links does not indicate that we are recommending use of the website in question or of the products, services, companies, or other entities featured on that site. Neither do such links indicate that we are engaged in any sort of partnership, cooperation, or special relationship with the site in question.

 

15. Separability


The invalidation of any part of the Terms does not invalidate the Terms as a whole.

 

16. Discussion

 
You agree to seek resolution of any matters not addressed in the Terms, as well as questions concerning their provisions, through discussions with us.

17. Governing Law and Dispute Resolution


The Terms shall be governed by and construed in accordance with the laws of Japan.
All disputes, controversies, or differences arising out of, or in connection with, the Terms or use of the Service shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The place of the arbitration shall be Tokyo, Japan.