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Terms of Use

PHARMA JAPAN WEB(hereinafter “PJ”) is a web-based information service, organized by Jiho, Inc. (hereinafter “JIHO”), which is provided to subscribers/users (hereinafter “USER”) who agree to adhere to the terms of use (hereinafter “TERMS”). The USER may access PJ upon accepting the TERMS.

Clause 1 (Application and Alteration of the TERMS)
1.
The TERMS of PJ (hereinafter PJ TERMS) apply to every action taken by the USER upon the use of PJ.
2.
Every notification and statement provided by JIHO in PJ constitutes a part of the PJ TERMS.
3.
JIHO reserves the right to alter the PJ TERMS if necessary, without obtaining prior consent from the USER.
Clause 2 (Provisions of Use of PJ)
1.
Access to PJ is granted to those who agree to adhere to the PJ TERMS and submit, to JIHO, the official subscription to become a USER of PJ.
2.
USER is identified and authorized by JIHO once the official subscription, aforementioned in the former section, is accepted by JIHO and the USER is properly notified of subscription acceptance.
3.
JIHO shall promptly inform the USER of information necessary to access PJ such as ID and password (hereinafter “IDs”). The USER shall use the IDs to access PJ in accordance to PJ TERMS set forth by JIHO and agreed upon by the USER at the time of USER subscription.
4.
USER shall be solely responsible for ensuring that IDs are securely handled, and in the case of unauthorized use of IDs by any third party, which may result in any losses, damages, or claims to the USER or any third party, JIHO shall not be held responsible or be liable for any compensations.
5.
USER shall promptly inform JIHO, in designated format, of any changes to the conditions of the USER subscription, in order to secure continuous access to PJ. JIHO reserves the right to terminate access to PJ if in any case the USER fails to follow the provisions set forth herein.
Clause 3 (Subscription Fee)
1.
USER will pay JIHO a subscription fee for access to PJ in accordance with the subscription fee scheme set by JIHO.
2.
JIHO reserves the right to alter the subscription fee scheme without obtaining prior consent from the USER. If in such case, JIHO shall notify the USER through PJ or any other reasonable method under the discretion of JIHO.
3.
USER will abide by the alteration, aforementioned in the former section, and will pay a subscription fee for access to PJ according to the altered subscription fee scheme.
4.
USER shall be solely responsible for the preparation of computer hardware, software, and telecommunication equipment necessary for accessing PJ, together with the telecommunication and connection fee incurred.
Clause 4 (Suspension of PJ)
1.
JIHO reserves the right to temporarily suspend PJ without prior notice or consent from the USER, including but not limited to the following cases:
(1)
Conducting system maintenance, updating, or alteration of PJ.
(2)
Unable to provide PJ due to fire, electric power failure, or breakdown of the facility.
(3)
Unable to provide PJ due to natural disaster, government act, or any other causes beyond the reasonable control of JIHO.
(4)
JIHO, at its sole discretion, will decide if the temporary suspension of PJ is necessary.
2.
JIHO shall not reimburse nor refund the subscription fee, to the USER, upon suspension of PJ in the cases aforementioned in section 1 of this clause.
Clause 5 (Alteration of PJ Contents)

JIHO reserves the right to alter or delete the contents of PJ without prior notice to the USER.

Clause 6 (Discontinuation of PJ)

Upon discontinuation of PJ, JIHO shall inform the USER two months in advance through PJ or any other reasonable method under the discretion of JIHO.

Clause 7 (Ownership of Intellectual Property of PJ Contents)
1.
Intellectual property rights (hereinafter “IP RIGHTS”) of the contents of PJ belong to JIHO, unless it is clearly designated by the news source. The IP RIGHTS of related information and press releases in PJ belong to the providers of the said information and releases.
2.
USER may use the contents of PJ for personal or business purposes, as stipulated in copyright laws, related laws and orders, or as expressly permitted by JIHO or by other owners of IP RIGHTS.
Clause 8 (Handling of Personal Information)

JIHO shall utilize personal information within the scope of the purposes to provide PJ related notifications and advertisements.

Clause 9 (Prohibitions)
1.
USER is prohibited from conducting the following acts, including but not limited to:
(1)
Use PJ for dishonest purposes.
(2)
Falsify the contents of PJ.
(3)
Uploading or transmitting malicious computer software programs to PJ.
(4)
Infringe or threaten to infringe upon IP RIGHTS, including but not limited to the copyrights of JIHO or any third party.
(5)
Violate or threaten to violate the property rights and privacy of JIHO or any third party.
(6)
Slander or libel JIHO or any third party.
(7)
Publicly disclose information, documents, or graphical materials offending public order and morals.
(8)
Execute any action that might lead to the disclosure of IDs to any third party.
(9)
Violate or threaten to violate any laws or orders.
2.
JIHO reserves the right to delete information related to the acts mentioned in the former section of this clause and other materials that JIHO judges inappropriate for PJ.
Clause 10 (Suspension and Termination of Subscription)
1.
JIHO may suspend or terminate the PJ subscription of a USER in the following cases, including but not limited to:
(1)
Provided false information upon subscription.
(2)
Used or had third party use IDs without the authorization of JIHO.
(3)
Obstructed the service of PJ.
(4)
Delayed payment of subscription fee.
(5)
Failed to adhere to any of the provisions contained in the PJ TERMS or executed an act that extremely contradicts the purport of the PJ TERMS.
(6)
JIHO judged the USER as an inappropriate subscriber.
2.
In the case of subscription termination, aforementioned in section 1 of this clause, JIHO shall not refund the subscription fee paid by the USER, and JIHO holds the right to recover any monetary payment due at the time of termination by the USER, of which the USER must immediately pay JIHO.
3.
USER will indemnify and hold harmless JIHO against all liabilities, costs, expenses, damages, and losses arising out of or in connection with any cases aforementioned in section 1 of this clause, and shall be responsible for compensation.
Clause 11 (Exemptions)

JIHO makes no representations or warranties, and, to the maximum extent permitted by law, accepts no liability of any kind for any direct or consequential loss or damages, or for any loss of data, profit, revenue or business (whether direct or indirect) resulting from the supply, suspension, and termination of PJ or any materials contained on it, which are provided "as is" and "as available". JIHO does not warrant nor is responsible for compensation of monetary, property, physical or mental loss, or damages to the USER or any third party. JIHO does not warrant nor is responsible for compensation to a USER of loss or damages resulting from the falsification or intentional disclosure of information by any third party, and to any third party of loss or damages resulting from the inappropriate act of a USER.

Clause 12 (Unsubscribe PJ)

USER shall inform JIHO of the intention to unsubscribe from PJ, and follow instructions provided by JIHO for such necessary formalities.

Clause 13 (Jurisdiction)

USER and JIHO agree that the Tokyo District Court shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the PJ TERMS.

Clause 14 (Governing Law)

PJ TERMS and any dispute or claim arising out of or in connection with or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Japan.

(October 3, 2011)

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