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gacco terms of use

 

Please read these terms of use agreement (these “Terms of Use”) carefully before accessing any service made available by DOCOMO gacco, Inc. (“DOCOMO gacco”, “us”, “we” or “our”) at http://gacco.org/ or gaccatz.org (“Site” or “Sites”) (such service will be hereinafter referred to as the “Service”). By using the Service or accessing the Sites, you signify and acknowledge that you have read these Terms of Use and agree that these Terms of Use constitutes a binding legal agreement between you and DOCOMO gacco (this “Agreement”), and that you agree to be bound by and comply with these Terms of Use. If you do not agree to be bound by these Terms of Use, please do not use the Service or access the Sites.

 

Rights of Modification

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting to our Site by us. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of the modified Terms of Use. DOCOMO gacco shall not be responsible for any loss or damages arising from such changes or modifications.

 

Service Description

The Service is an online platform where people can enroll in online courses and learn various subjects. For details of the Service, please visit the following. We may separately charge a fee for your use of Contents (meaning Courses provided under the Service (including online Courses and Courses conducted at universities and other educational institutions), face-to-face class, gaccatz, certificates and other products.) The fees are described in the details page of each Contents item. 

 

User Account

(1)          In order to access full feature of the Service, and to post any User Content through the Service, you must register to create a user account (“User Account”) and become a “Member”. You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. You represent that all information provided by you is accurate and up-to-date. You agree to maintain and update your information to keep it accurate and up-to-date. If you do not register to create a User Account, you are a “Visitor” and a Visitor may only browse or use limited parts of the Service. For clarity, this Agreement applies to both Members and Visitors.

(2)          If you are under the age of legal majority, or you are an adult ward, a person under curatorship or a person under assistance where you access the Services, you must have obtained consent from your  guardian, curator or assistant to use the Service. If a person under the age of legal majority, adult ward, a person under curatorship or a person under assistance uses this Service, it is deemed that such person has obtained consent from their guardian.

(3)          You acknowledge that DOCOMO gacco may, at its sole discretion, reject your registration to become a Member or revoke acceptance of your Membership registration. For clarity, DOCOMO gacco shall not be liable or responsible to you with regard to its rejection or revocation made pursuant to this sub-paragraph (3). 

 

Membership ID

We will issue each Member a unique ID (“Membership ID”). Member may login to its User Account by using the Membership ID and the password registered by such Member (“Password”). You agree to: (1) try to choose a strong and secure Password; (2) keep your Password secure and confidential; (3) not transfer any part of your User Account, Membership ID or Password; and (4) in case of lost or stolen Password, immediately notify us of such fact and change the Password to prevent others from using your User Account. You are responsible for anything that happens through your User Account.

 

Service Modification

We may change, suspend or end any Service, or change and modify prices in our discretion. To the extent allowed under law, these changes may be effective immediately upon posting to our Site by us. We will not be liable to you or any third party for any such change, suspension or end of the Service, or change or modification of the prices. Even if a User could not use the Service within the effective term for paid Services, we will not make any refund or compensation. If provision of a Course that has not been started yet is completely cancelled, we will refund the Members the amount paid for such Courses. Even if provision of a Course that has already started is ended or changed in whole or in part, neither the Course Provider nor we will make a refund.

 

Courses

(1)          The individual institution or instructor (“Course Providers”) will, through the Service and from time to time, offer courses in a specific area of study or on a particular topic (“Course”). The Course Providers are the providers of the Courses and in no event shall DOCOMO gacco be construed the provider of the Courses. DOCOMO gacco and the Course Providers reserve the right to cancel, interrupt or reschedule any Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress.

(2)          Members may, by clicking on to the “enroll” button in the Site, enroll in the Courses offered by the Service. Members may also suspend enrollment in the Courses by deregistration. Suspended Courses may be resumed by re-registration. Even when a Member deregisters for a paid Course, neither the Course Provider nor we will make a refund of the received Course fee. If the Member resumes the deregistered Course by re-registering, the Member shall pay the applicable Course fee.

(3)          All content or other materials available on the Sites, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content (“gacco Content”) are the property of DOCOMO gacco, Course Providers or its affiliates or licensors and are protected by copyright, patent or other proprietary intellectual property rights under Japan and foreign laws. In consideration for your agreement to these Terms of Use, DOCOMO gacco grants you a personal, non-exclusive, non-transferable license to personally use the gacco Content in connection with the Courses. You may download material from the Sites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any gacco Content, nor may you modify or create derivatives works of gacco Content.

(4)          The Sites may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Site such as the discussion forums, or any information, suggestion or feedback to DOCOMO gacco regarding the Service or Sites (“User Content”). With respect to User Content, you grant DOCOMO gacco, NTT DOCOMO, INC (“DOCOMO”) or Course Providers, including their respective affiliates, assigns or licensees (“DOCOMO gacco Parties”), a fully transferable, worldwide, irrevocable, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. You represent and warrant to DOCOMO gacco Parties that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit DOCOMO gacco Parties to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice. We reserve the right, at any time and without prior notice, to remove or disable access to any User Content that we, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Service.

(5)          You agree to irrevocably and perpetually waives the benefits of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world and shall not institute, support, maintain or permit any action or lawsuit on the grounds that any use of the User Content by DOCOMO gacco Parties in any way constitutes an infringement of your moral rights.

 

Privacy Policy

You understand that any Member Information will be treated by DOCOMO gacco in the manner described in gacco privacy policy (together with other related rules, “Privacy Policy”). The Privacy Policy shall form a part of these Terms of Use. To the extent that any term and condition of these Terms of Use is inconsistent with that of the Privacy Policy, the Privacy Policy shall prevail. You are deemed to consent that we may provide all or any part of your Member Information to Course Providers and to other parties designated by us within the purpose of use set out in the Privacy Policy. Member Information means any membership enrollment information, course enrollment information (meaning information you provide to us in enrolling for Courses), User Content, aggregate information (meaning information obtained by aggregating membership enrollment information and course enrollment information), action history on the Site (meaning information automatically collected when you use the Service), and any other personal information of Members.

 

General Prohibition

You agree not to do any of the following while using the Service:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material or take any action that:
    • infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy;
    • violates, or encourages any conduct that would violate, any applicable law or regulation;
    • is fraudulent, false, misleading or deceptive;
    • is defamatory, obscene, pornographic, vulgar or offensive;
    • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    • is violent or threatening or promotes violence or actions that are threatening to any other person; or
    • promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Service, or any individual element or materials within the Service, DOCOMO gacco Party's name, trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without DOCOMO gacco's express written consent;
  • Access, tamper with, or use non-public areas of the Service, DOCOMO gacco or Course Provider's computer systems;
  • Attempt to probe, scan, or test the vulnerability of any DOCOMO gacco system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DOCOMO gacco or any of DOCOMO gacco's providers or any other third party (including another gacco User) to protect the Service;
  • Attempt to access or search the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by DOCOMO gacco or other generally available third-party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Apple Safari or Opera);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use the Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way the Service deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Collect or store any personally identifiable information from the Service, or from other users of the Service, without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Create a User Account for anyone other than yourself;
  • Encourage or enable any other individual to do any of the foregoing;
  • Access the Service by automated means including but not limited to, bots, robots, spiders;
  • Use your Member profile for personal commercial gain;
  • Use cheats, exploits, hacks, bots, mods or third party software designed to gain an advantage, perceived or actual, over other Members, or modify or interfere with the Service;
  • Abuse or exploit a bug, glitch or mechanism in the Service; or
  • Engage in any fraudulent behavior, including but not limited to credit card scams or credit card misappropriation.

 

Disclaimer of Warranty / Limitation of Liabilities

THE SERVICE, THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DOCOMO gacco PARTIES DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY SERVICE, SITE, INFORMATION OBTAINED FROM THE SERVICE, OR LINK TO A SITE. DOCOMO gacco PARTIES DO NOT WARRANT THAT SITES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT SITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, DOCOMO gacco PARTIES DO NOT WARRANT THAT (A) THE SERVICE OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SERVICE OR SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SERVICE OR SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICE OR SITE WILL BE CORRECTED. NONE OF DOCOMO gacco PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITES, AND YOU ACKNOWLEDGE AND AGREE THAT YOUR ABILITY TO ACCESS THE SERVICE AND SITE MAY BE IMPAIRED. DOCOMO gacco PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SERVICE OR SITE OR ANY INFORMATION OR SERVICES RELATED TO THEM. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICE AND SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT DOCOMO gacco PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SERIVCE, SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON THE SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICE OR SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SERVICE OR SITES.

EXCEPT AS PROHIBITED BY LAW, DOCOMO gacco PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOST PROFIT, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OR INABILITY TO USE ANY SERVICE OR SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY SERVICE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. EXCEPT AS PROHIBITED BY LAW, EACH DOCOMO gacco PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER'S USE OF THE SERVICE OR SITE WILL NOT EXCEED FIVE HUNDRED JAPANESE YEN (JP\500) OR THE TOTAL AMOUNT OF FEES RECEIVED FROM THE USER FOR THE USE OF THE SERVICE DURING THE PAST 1 MONTH OF USE, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DOCOMO gacco PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DOCOMO gacco'S ABILITY TO MAKE THE SERVICE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

 

Indemnification

You agree to indemnify, defend and hold harmless DOCOMO gacco Parties, and each of their respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Service or Site; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available using the Service or on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

Closing Your User Account

You may choose to close your User Account at any time by following the “Account Closing Procedure” on our Site. This Agreement will be automatically terminated on the date of your User Account is closed pursuant to the preceding sentence. Closed User Accounts cannot be reinstated; any User Account that may be registered by you after the closure is a new unique account. In cases where Members who close their User Account have unused purchased Content, and the effective term of the paid Content is remaining or the Member has not commenced use of the paid Content, we will not make a refund in proportion to the remaining term.

 

Suspension; Termination

Without limiting other remedies, we may at any time suspend or terminate your User Account and refuse to provide access to the Service if we suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms of Use; (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other users of the Service, DOCOMO gacco Parties or any other third parties related to the Service; or (iii) infringed the proprietary rights, rights of privacy, or intellectual property rights of any person.

 

Effect of Termination

Upon termination of this Agreement, you lose the right to access or use the Service. After any termination, you understand and acknowledge that we will have no further obligation to provide the Service and all licenses and other rights granted to you by these Terms of Use will immediately cease. We will not be liable to you or any third party for termination of the Service or termination of your use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON OUR WEBSITE OR THAT WHICH IS RELATED TO YOUR USER ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, we will have no obligation to maintain any information stored in our database related to your User Account or to forward any information to you or any third party. Any suspension or termination will not affect your obligations to us under these Terms of Use, which by their sense and context are intended to survive such suspension, termination or cancellation. Without limiting the generality of the foregoing, the following shall continue to be effective after the termination of this Agreement:

  • Any amounts owed by you to us prior to the termination of this Agreement; and
  • Rights of us and third parties to use and disclose your Member Information subject to the Privacy Policy.

 In case a terminated Member has purchased unused paid Contents, and the effective term of the paid Contents is remaining or the Member has not commenced use of the paid Contents, we will not make a refund in proportion to the remaining term.

 

Cancellation by Member

(1)          If you purchased paid Contents and cancelled it, reimbursement will be made as follows:

(a) If you applied for paid face-to-face class, and you contacted our management office by no later than 15 days before the start date, we will make a refund after deducting the applicable management fees and remittance fee. If cancellation for your own reasons is made on or after such date, no refund will be made. The foregoing sentences may not apply if we cannot confirm your payment.

(b) You are deemed to consent that if you cancel paid Contents not referred to in the foregoing paragraph for your own reasons, we will not make a refund, whether you used the paid Contents or not.

 (2)           If purchase is made by convenience-store payment and your payment is completed, but we cannot confirm your payment within 3 days from your purchase, your are deemed to waive your rights in relation to the Service.

 

Governing Law; Dispute Resolution

(a)          The Service is under our management. While the Service may be accessed from various jurisdictions, we and the people who access this Service both shall abide by the laws of Japan and the municipal regulations of Tokyo Metropolis.

(b)          You agree to the exclusive jurisdiction of the Tokyo District Court for any and all disputes, controversies and/or differences arising between you and DOCOMO gacco in connection with this Agreement.

 

Miscellaneous

(1)          If any provision of these Terms of Use is held to be unenforceable, such provision shall be deemed amended and shall be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

(2)          No provision of these Terms of Use shall be deemed to have been waived except by a written instrument signed by you and a duly authorized representative of DOCOMO gacco to be bound thereby. Waiver by either you or DOCOMO gacco of any default shall not constitute a waiver of any other or subsequent default.

(3)          You may not assign any part of this Agreement without the written consent of DOCOMO gacco. Any attempt to transfer or assign this Agreement is void.

 

Effective as of August 25, 2015.
Amended as of January 31, 2017.

 

 

 

 

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