Terms of Use
These terms of use (the “Terms”) are set forth by VisasQ Inc. and its subsidiaries and affiliates, including Coleman Research Group, Inc. (collectively “we” or the “Company”), in relation to the website and mobile application operated by the Company, and other related content provided by the Company (collectively, the “Site”). The Terms shall be applicable to all users of the Site (“you” or the “Users”), and Users are subject to the binding legal terms set forth herein. By using the Site, it will be deemed that Users have agreed to the Terms. Please refrain from using the Site regardless of your purpose, if you do not agree to the Terms. As for the expert network service we provide including interview, survey and other services (collectively the “Services”), separate terms and conditions we set forth, including VisasQ Inc. and Coleman Research Group Integrated Terms and Conditions, shall apply. If there is any conflict between the Terms and the Specific Terms, the Specific Terms shall control.
Terms Subject to Change
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify or discontinue all or any part of the Site, including, but not limited to (i) restricting the time all or any part of the Site is available, (ii) restricting the amount of use all or any part of the Site is permitted, and (iii) restricting or terminating any User’s right to use all or any part of the Site, with or without notice; (b) charge fees in connection with the use all or any part of the Site; (c) modify or waive any fees charged in connection with all or any part of the Site; or (d) offer opportunities to some or all users of all or any part of the Site. You agree that neither we nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any part of the Site, in whole or in part, or of any service, content or feature offered through the Site.
You understand we may update these Terms from time to time without giving you any notice. We may, in our sole discretion, modify these Terms from time to time by posting the modifications on our corporate website (https://corp.visasq.co.jp/ and or https://www.colemanrg.com/). Unless otherwise specified by the Company when posted, all modifications will be effective upon posting. Your continued use of all or any part of the Site following the posting of changes to these Terms will mean you accept those changes. Unless we let you know posting of changes to these Terms or otherwise giving you notice, any new features or updated content or applications that we make available in connection with the Site will be subject to these Terms.
IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH IN THE TERMS, DO NOT USE THE SITE FOR ANY PURPOSE.
How you can use the Site
You may use the Site for your personal use. Unless otherwise set forth in the Specific Terms, copyrights and other intellectual property regarding images, pictures, information, applications, product or other materials provided on the Site (collectively “Information”) shall belong to the Company. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any Information, except to the extent explicitly permitted by the Company in writing. Additionally, you may not: (a) frame or mirror any part of the Site without our express prior written consent; (b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information obtained from the Site; (c) create a database by systematically downloading and storing Information obtained from the Site; (d) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; (e) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Site or (f) reproduce or circumvent the navigational structure or presentation of the Site.
Accounts
In order to use the Services, you may need to create an account. You agree not to use another’s account without permission. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account or any other information or attributes associated with your account, and you further acknowledge and agree that all rights in and to your account or any other information or attributes associated with your account are and shall forever be owned by and inure to the benefit of the Company.
You may not transfer any accounts or any other information or attributes associated with any accounts. You may not purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, or offer to purchase, sell, gift or trade any account or any other information or attributes associated with any accounts, and any such attempt shall be null and void. You agree that you have no right or title in or to any content that appears in the Site or any attributes associated with your account or stored in the Site.
Access Restrictions; Termination
We can interrupt, suspend or terminate your access to the Site at any time and without advance notice. We also reserve the right to make changes to the Information within the Site at any time.
Conduct of Users
We believe that all Users benefit from basic rules regarding conduct while using the Site. Widespread use and enjoyment of the Site is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, you agree to follow the following basic rules of conduct when using the Site:
- You will follow these Terms and all applicable laws;
- You will never give your password to anyone (no employee of the Company will ever ask for it) and you will not provide your billing or credit information;
- You will not interfere with others’ use of the Site or act in a way that negatively affects other users’ enjoyment of the Site;
- You will not participate in any action that, in the sole and absolute opinion of the Company, results or may result in any authorized user of the Site being scammed or defrauded in any way in connection with such user’s use of the Site;
- You will not use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by the Company, and you will promptly report to the Company your discovery of any such errors, features or bugs;
- You will not attempt to harvest any usernames or e-mail addresses from the Site for any purpose;
- You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with the Company; similarly, you will not adopt a false identity, nor will deceive or defraud another;
- You will not manipulate the Site so as to hide your identity or participation in the Site (by using another person’s identity, changing headers, or otherwise modifying any other possible identifier);
- If you violate any of the guidelines set forth above or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Site without giving you any notice. In the event that your rights to use the Site are terminated, you will immediately lose access to any information that may be on the system; and
YOU UNDERSTAND THAT THE COMPANY IS NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SITE FOR ANY REASON, WHETHER IT IS BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.
No License Granted
All materials set forth on the Site and provided in relation to the Services, regardless of whether they are specifically marked, are protected by copyright and other intellectual property laws. Users may not use such materials, in any way other than for their personal use in connection with the Services, without the express permission of the Company. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER PROPERTY OF THE COMPANY EXCEPT AS INDICATED IN THIS AGREEMENT.
Trademarks
Users may not use the Company’s name, trademarks, logos, and service marks without written approval by the Company.
Copyrights
Users are fully responsible for their own use of the Site, and the Site is protected by applicable law, with all rights reserved. The Company takes the protection of intellectual property rights, including copyrights, very seriously. The Company will limit or terminate your account, without notice or explanation, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to the Company if they have a good-faith belief that their protected contents are being infringed. The Company will respond to all such notifications that are sent to:
VisasQ Inc.
Attn: DMCA (Copyright Infringement) Notification
Sumitomo Fudo-san Aobadai Hills 9F, 4-7-7 Aobadai, Meguro-ku, Tokyo, Japan 153-0042
Coleman Research Group, Inc.
Attn: DMCA (Copyright Infringement) Notification
100 Park Avenue, Suite 1600, New York, NY 10017
To be effective, the notification must be a written communication that includes:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at such site;
- Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the content;
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Upon receipt of such notification, the Company shall promptly investigate the matter, and, if appropriate, remove or disable access to the allegedly infringing content. After the Company removes or disables access to such content, if such content was posted by a User of the Site, the Company will notify the party that posted the content of its action. Such party may then provide the Company’s designated agent proper “counter-notification” stating his, her or its authority to post the allegedly infringing content, which the Company will forward to the alleged copyright owner. The Company will inform the alleged copyright owner that the Company will repost the removed content or cease disabling access to it in ten to fourteen business days unless the alleged copyright owner sends a second notification to the Company’s designated agent stating that it has filed suit against the alleged infringer. An effective counter-notification must be sent to the Company’s designated agent, whose name and address are listed above. The notice must include the following information:
- The counter-notifying party’s physical or electronic signature;
- Identification of the content that has been removed or disabled and the location where the content was before its removal or disablement;
- A statement, under penalty of perjury, that the party has a good faith belief that the content was removed or disabled as a result of mistake or misidentification; and
- The counter-notifying party’s name, address, phone number, and a statement that the party consents to the jurisdiction of the federal court in its district, or if the subscriber is foreign, it consents to any jurisdiction where the Company is subject to jurisdiction, and that the subscriber will accept service of process from the person who provided the Company with notification or an agent of such a person.
Third Party Sites
The Site may contain links to other sites, applications or content, which links may appear to embed the sites, applications or content hosted or provided by third parties into the interface of the Site. Your use of such other sites, applications or content is subject to the terms of use, if any, governing the use of such sites, applications or content. The Company is not able to control these third party sites, applications or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between the Terms set forth herein and any terms or notices set forth with respect to any sites, applications or content provided by any third parties, then the terms of such third party sites, applications or content will control your use of such sites, applications or content. Please review the terms of use for each third party site, application, or content so that you understand all of the terms that will apply. By using the Site, you expressly relieve the Company from any and all liability arising from your use of any third-party sites, applications or content.
U.S. Export Controls
Any download from the Site or otherwise through the Site is further subject to United States export controls. No downloads may be made from the Site, through the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnity
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD THE COMPANY AND WHERE APPLICABLE, THE COMPANY’S CLIENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUBLICENSEES, CUSTOMERS AND AGENTS) HARMLESS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, SETTLEMENTS, EXPENSES, and COSTS OR EXPENSE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COURT COSTS) THAT WE MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE CONTENT YOU CONTRIBUTE OR LINK TO, OR YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
Warranty Disclaimer
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT THE COMPANY DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS TERM.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, APPLICATIONS, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
Liability Disclaimer
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Entire Agreement and Severability
These Terms are the entire agreement between you and the Company regarding your use of this Site. They supersede any and all previous representations, discussions and agreements between you and the Company relating to your use of the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of (a) Japan, or (b) the State of New York, depending on the domicile of the User and without regard to any choice or conflict of law principles which would result in the application of the law of any other jurisdiction. Any disputes that arise in relation to these Terms or the Site, shall be subject to the exclusive jurisdiction of (a) the Tokyo District Court or (b) the federal or state courts sitting in New York County, New York.