JSM-Net Terms of Use

Clause 1 (Application of Terms)

1. These Terms of Use (hereafter referred to as ‘this contract’) as implemented by used Car,truck,heavyequipment auction JSM-Net is to be applied for use of the auction (hereafter referred to as ‘this service’)

2. This contract constitutes only one part of a range of other contracts (such as the Rules and Regulations pertaining to ‘Restrictions to Use’), as separately set down by used car,truck,heavyequipment&machinery auction JSM-Net.

3. In the case where discrepancies or differences occur between the rules and regulations of this contract and the rules and regulations of the contract mentioned in the previous clause, the latter contract’s rules and regulations will take precedence. Furthermore, in cases where the rules and regulations of each contract do not differ, both contracts will be deemed valid.

Clause 2 (Revisions to This Contract)

1. used car,truck,heavyequipment&machinery auction JSM-Net may make revisions to this contract without obtaining consent of its patrons. In this case, the Terms of Use for this service will become the newly revised contract for Using the Auction.

2. Except for when used car,truck,heavyequipment&machinery auction JSM-Net may separately stipulate other terms, the new contract after revisions are made will be deemed effective the moment it is uploaded to the auction website.

Clause 3 (User Registration)

Use of this service may only be permitted if both of the following requirements are filled. Applicants must confirm that they fit both of the following requirements and upon checking the consent field will then be permitted to begin the application process to this online service.

(1) Subscribers must be a natural person or corporation over the age of 20 years.
(2) Communications must be made either in Japanese or English.

Clause 4 (Consent of Application)

Consenting to the application of this service will formally conclude the online sign up process. However, consent may be overturned in either of the following cases.

(1) Where personal information entered by the user is falsified.
(2) Where used car,truck,heavyequipment&machinery auction JSM-Net deems inappropriate the uses of this service by a legitimate ID User.

Clause 5 (Management of ID and Password)

1. Patrons are expected to maintain responsibility in the management and use of their User ID and Password. used car,truck,heavyequipment&machinery auction JSM-Net agrees to bear no responsibility where patrons mistakenly enter information or unauthorized use by a third party is made.

Clause 6 (Prohibition of Assigning Rights)

Patrons may not loan or assign rights for use of this service to a third party. Clause 7 (Loss of Privileges) used car,truck,heavyequipment&machinery auction JSM-Net declares the right to immediately suspend privileges in relation to the following items. It should also be noted that used car,truck,heavyequipment&machinery auction JSM-Net may cancel services without forewarning or notification to the patron in the following circumstances.

(1) In the case where it has been confirmed that data entered at the time of application is fraudulent and false.
(2) Upon partaking in prohibited actions as stipulated in Clause 8.
(3) Where violations are made to the individual regulations or the ‘Restrictions of Use’ contract.
(4) In any other case were used car,truck,heavyequipment&machinery auction JSM-Net deems use of the service as inappropriate.

Clause 8 (Restrictions)

Patrons will agree to ‘Restrictions of Use’ when using this service and will not violate either the ‘Restrictions of Use’ contract or partake in any of the following behavior.

(1) Any behavior relating to the falsification or elimination of information pertaining to the use of this service, or transmission or uploading of information which is not representative of the truth.

(2) Any behavior which infringes upon or puts at risk other patrons or used car,truck,heavyequipment&machinery auction JSM-Net regarding issues of copyright, trademark, intellectual property, publicity rights, assets, privacy or publicity rights.

(3) Any behavior that may harm the honor of other patrons or used car,truck,heavyequipment&machinery auction JSM-Net in the realm of discrimination, slander and good name. Transmission of electronic mail that may violate the purposes of this service in the realm of advertising, commercials and solicitation. Transmission of electronic mail that may cause ill feelings to the receiver. Any behavior causing obstruction to incoming mail of others. Transmission of chain mail or forwarding to chain mail requests.

(4) Any behavior connected to crimes of fraud.

(5) Transmission or uploading of obscene images or text.

(6) Use or recommended use of computer viruses or harmful programs.

(7) Impersonation of a patron by a third party or other patron when using this service.

(8) Any attempt of fraudulent access with other computer systems or networks connected to this service.

(9) Any behavior that may disadvantage other patrons, a third party or used car,truck,heavyequipment&machinery auction JSM-Net, or behavior that violates other laws or public order and morality.

(10) Any other behavior that used car,truck,heavyequipment&machinery auction JSM-Net deems inappropriate

Clause 9 (Deletion of Information)

When it has been confirmed that a patron has partaken in behavior that violates or is in risk of violating this contract, used car,truck,heavyequipment&machinery auction JSM-Net will take immediate steps to remove such behavior. Furthermore, patrons should be aware that used car,truck,heavyequipment&machinery auction JSM-Net bears no responsibility in the removal of and explanation for the removal of such violations.

Clause 10 (Use of Fee-based Services)

used car,truck,heavyequipment&machinery auction JSM-Net has the right to claim one part of this service as fee-based, of which more detailed information is set out in a separate contract. Furthermore, in the case where part of this service is fee-based, individual consent from patrons regarding charges will be obtained.

Clause 11 (Suspension to This Service)

used car,truck,heavyequipment&machinery auction JSM-Net reserves the right to temporarily suspend provision of this service without prior notice to patrons in the case of any of the following.

(1) In the case of unforeseeable circumstances such as repair and maintenance, construction or breakdown of equipment for this service.
(2) In the case of a telecommunication breakdown in the use of this service due to complications with the telecommunications company or services they provide.
(3) In any other case where temporary suspension to the management of this service is deemed necessary.

Clause 12 (Confidentiality of Communications)

1. used car,truck,heavyequipment&machinery auction JSM-Net will protect the confidentiality of patron’s respective communications according to Clause 4 of the Telecommunications Service Law. 2. used car,truck,heavyequipment&machinery auction JSM-Net will not disclose or leak patron’s personal information as obtained in the course of use of these services, except in the following circumstances.

(1) In the case where used car,truck,heavyequipment&machinery auction JSM-Net or affiliated companies send electronic mail for the purpose of advertising, commercials or other information services.
(2) Personal information may be disclosed to affiliated or contract companies for the provision of necessary services to patrons. In such a case used car,truck,heavyequipment&machinery auction JSM-Net will contract with the company to ensure the proper protection of personal information.
(3) Where personal information is used as data or analysis for the purpose of improvement to services.
(4) Information obtained as data and analysis as mentioned in the previous clause will be disclosed or provided to a third party in ways that do not identify or specify the individual.
(5) In the case where part of this service may undergo a transfer of operations, upon which the legal rights and obligations are turned over to another party.
(6) In the case where personal information is used or disclosed arbitrarily upon obtaining the patrons consent.
(7) In the case where a court warrant is issued or the court judgment, mandate or law requires the disclosure of information.
(8) Where appropriate legal information is used as reference by a prosecutor, the police or governing legal authority.
(9) In cases used car,truck,heavyequipment&machinery auction JSM-Net deems necessary in order to protect profits of the company. 3. Information may be disclosed by used car,truck,heavyequipment&machinery auction JSM-Net as requested, according to Clause 4 of the Provider Liability Act.

Clause 13 (Compliance with the Privacy Policy)

used car,truck,heavyequipment&machinery auction JSM-Net takes appropriate measures to ensure the protection of personal information, and adheres to the Privacy Policy as displayed separately on used car,truck,heavyequipment&machinery auction JSM-Net’s website.

Clause 14 (Liability)

1. used car,truck,heavyequipment&machinery auction JSM-Net claims no responsibility for any damage or loss patrons may incur through the use of these services.

2. used car,truck,heavyequipment&machinery auction JSM-Net claims no responsibility for any damage patrons may incur through the use of these services from other patrons or third parties.

3. used car,truck,heavyequipment&machinery auction JSM-Net does not guarantee the completeness, accuracy, reliability or usability of any information obtained by patrons through the use of these services.

4. used car,truck,heavyequipment&machinery auction JSM-Net will not guarantee proper operations of any equipment or software as used by patrons.

5. used car,truck,heavyequipment&machinery auction JSM-Net claims no responsibility to any expenses related to connections with telecommunications companies for the use of these services, and such costs will be born and maintained by the patrons themselves.

Clause 15 (Compensation for Loss and Damages)

Patron’s may be requested to pay for loss and damages in the case where used car,truck,heavyequipment&machinery auction JSM-Net is harmed by behavior violating this contract or fraud and other illegal acts.

Clause 16 (Governing Law)

All governing laws related to this contract are founded on Japanese Law.

Clause 17 (Court of Jurisdiction)

In the event that a liability results from conflicts between patrons and used car,truck,heavyequipment&machinery auction JSM-Net with regards to this contract, proceedings will be taken up exclusively at the Agreement Jurisdictional Court of either the Fukuoka Summary Court or the Fukuoka District Court.

Clause 18 (Supplementary Notes)
This contract was enacted and enforced on the 1st day of July, 2007