RubyKaigi Schedule.select powered by
SmartHR Terms of Service
These Terms of Service (“Terms”) set forth the conditions of provision
of the service provided under the “RubyKaigi Schedule.select powered by SmartHR
” name by SmartHR, Inc. (“Company”), and of services
associated therewith (collectively, “Services”), and the right and duty relationships between
Users and the Company. Please read the entire text of these Terms before using the Services.
Article 1: Application
- These Terms are intended to set forth the conditions of provision
of the Services and the right and duty relationships between Users and the Company related to use of the
Services, and will apply to all interaction between Users and the Company in regard to the Services.
- In the case where any provisions of these Terms are not applicable
to Users at the time the Company authorizes use of the Services, such provisions shall apply from the
future point in time at which they have become applicable due to changing circumstances.
Article 2: Definitions
The terms used herein shall have the definitions ascribed to them below.
- “User” means any individual, corporation, group or
person that, having consented to the particulars of these Terms, has made an application for use of the
Services in accordance with Company-prescribed procedures and received the Company’s approval of
such application and authorization to use the Services.
- “Company Website” means a website operated by the
Company.
- “Prospective User” means any corporation, group or
individual that wishes to use the Services.
Article 3: Particulars of Services
The Services are intended for the schedule management in RubyKaigi, and are
provided by means of software.
Article 4: Registration
Prospective Users are entitled to use of the Services by agreeing to these
Terms.
Article 5: Responsibility for Protection and Handling of Personal Information
- The Company will handle User’s Personal Data for the purposes
described in each of the following objectives:
(1)For providing the Services.
(2)For operation, maintenance and management of the Services.
- The Company may, in some cases, analyze the state of use of the
Services or the state of Users for statistical purposes; provided, however, that the Company will ensure
that no individual User or other specific individual is thereby identified.
- The Company may, in some cases, acquire information on use of the
Services from Users or request feedback on the Services from Users. Users consent that the Company will
use the content of such usage information or feedback during the effective terms of Services Agreements
and after the expiration thereof; provided, however, that the purposes of use of the content of such
usage information or feedback shall be limited to the operation, improvement and promotion of the
Services, and the development of new services.
- The Company use Cookies (including similar technologies) for the
purpose of improving user convenience, acquiring statistical data, etc., as well as the number of times
Users have accessed, the browser used, the OS, and other terminals used. Information may be collected.
This information is collected for that purpose and is not used for personally identifiable
purposes
- User’s Personal Data received will be managed by the following
person.
Personal Data Management Manager of SmartHR, Inc.
- For inquiries, please use the
inquiry form on our official website.
Article 6: Ownership of Rights
All intellectual property rights and other tangible and intangible property rights
related to the Services and the Company Website will belong to the Company or to persons that have licensed
such rights to the Company, and no such rights will be assigned to Users or licensed to Users for use beyond
the extent specified herein.
Article 7: Prohibitions
When using the Services, Users shall neither directly nor engage in conduct that
falls under or is deemed by the Company to fall under any of the following items.
- Conduct in violation of laws/regulations or connected with criminal
acts;
- Fraud or intimidation against the Company, other Users, or other
third parties;
- Conduct contrary to public order and morality;
- Conduct that infringes the copyrights, patent rights, utility model
rights, design rights, trademark rights, other intellectual property rights (including rights to acquire
or apply for registration etc. of such rights; the foregoing rights collectively “Intellectual
Property Rights etc.”), image rights, privacy rights, honor, or other rights or interests, of the
Company, other Users, or other third parties;
- Transmitting to the Company, other , Users, via the Services,
information that falls under or is deemed by the Company to fall under any of the following:
- Information containing excessively violent or atrocious/inhumane
material;
- Information containing computer viruses or other harmful computer
programs;
- Information containing material injurious to the honor or reputation
of the Company, other Users, or other third parties;
- Information containing highly sexually obscene material;
- Information containing material that encourages discrimination;
- Information containing material that encourages suicide or
self-harm;
- Information containing material that encourages inappropriate drug
use;
- Information containing antisocial material;
- Chain emails or other information requesting the dissemination of
information to third parties; or
- Information containing material that causes distress to
others;
- Imposing excessive burdens on the networks, systems or the like of
the Services;
- Conduct likely to impede the operation of the Services;
- Improperly accessing or attempting to improperly access Company
networks, systems or the like;
- Decompiling, reverse assembly, or any other reverse engineering
intended to disassemble and analyze Company software or the like;
- Impersonating third parties;
- Performing User registration multiple times for the same
corporation, group, or person, despite the absence of any need to do so;
- Using the Accounts of other Users;
- Promotion, advertising, solicitation, or sales/marketing activity
on the Services without the Company’s prior approval;
- Collecting the information of other users of the Services;
- Conduct that causes adversity, damage, or distress to the Company,
other User, or other third parties;
- Providing benefits to antisocial forces etc.;
- Directly or indirectly eliciting or facilitating the conduct of the
foregoing items; or
- Any other conduct that the Company deems inappropriate.
Article 8: Suspension etc. of Services
- The Company will be entitled to suspend or interrupt the provision
of the Services in whole or in part, without advance notice to Users, in any of the following
cases:
- In the case of emergency inspection or maintenance work on computer
systems related to the Services;
- In the case where computers, communication lines or the like have
shut down due to an accident;
- In the case where the provision or use of external systems
necessary for provision of the Services (Amazon Web Services, etc.) has been interrupted;
- In the case where it has become impossible to operate the Services
due to earthquake, lightning, fire, storm and flood damage, power outage, epidemic, natural calamity, or
other force majeure event; and
- In any other case where the Company deems suspension or
interruption necessary.
- The Company will bear no liability whatsoever for damage arising due
to any action taken by the Company pursuant to this article.
Article 9: Modification or Termination of Services
- The Company shall be entitled to modify the particulars or
terminate the provision of the Services as it sees fit. The Company shall notify Users in advance when
provision of the Services is to be terminated.
- The Company will bear no liability whatsoever for damage arising due
to any action taken by the Company pursuant to this article.
Article 10: Suspension of Use, Cancellation, etc. by the Company
- The Company shall be entitled to delete saved data (including,
without limitation, Registered Matters and Registered Data), temporarily suspend use of the Services,
annul registration, or cancel Services Agreements, without advance notice or warning, if any of the
following items applies to a User.
- If the User has breached any provision of these Terms;
- If the Company otherwise deems it inappropriate for a User to use
or register for the Services, or for a Services Agreement to remain in effect.
- In the case where any item of the preceding paragraph is
applicable, any obligations owed to the Company by the relevant User shall be accelerated as a matter of
course, and such User shall immediately pay all obligations to the Company.
- The Company will bear no liability whatsoever for any damage
suffered by Users or Users due to any action taken by the Company pursuant to this article.
Article 11: User Responsibilities, Guarantee Restrictions
- Users must, under their own responsibility and cost burden, make
appropriate accommodation for the environments and equipment (including, without limitation, internet
connections, PCs and other hardware, web browsers and other software, and the like) necessary for their
use of the Services, and the Company will not be responsible for making such accommodations.
- The Company does not guarantee that the Services will be suitable
for Users’ specific purposes or will have the expected functions, product value, accuracy, or
usability; that Registered Data will be accurate; or that malfunctions will not occur.
- The Company makes no guarantees whatsoever in regard to websites
operated by third parties that are linked from the Services. Further, the Company will not provide
indemnification against or involve itself with any damage, issues between users, or other such matters
arising at linked destinations.
- The Company will bear no liability whatsoever for: damage suffered
as a result of the unusability of the Services or of any equipment failure or breakdown resulting from
use of the Services; damage arising as a result of a third party’s republication, on a website
etc. other than the Company Website, of information provided on the Company Website; or other damage
suffered in consequence of any act of a third party.
- The Company will bear no liability whatsoever in regard to any
transactions, communication, disputes or the like occurring between Users and other users or third
parties in connection with the Services or the Company Website. In the event that the Company has
incurred expenses or paid indemnity in connection with any such matter, the relevant User(s) shall
compensate the Company for such expenses (including fees for attorneys or other experts) or indemnity,
and the Company shall be entitled to demand payment of the total amount of the same from such User(s).
Article 12: Damages
- The Company shall be liable for the Services to the extent
specified in the provisions of these Terms, and shall not be held liable for any matters that are not
guaranteed herein or are specified herein as outside the scope of Company liability, or for any matters
that are specified herein as User liabilities.
- In addition to the preceding paragraph, even when the Company bears
liability for any reason whatsoever, the Company shall not be held liable for incidental damage,
indirect damage, special damage, future damage, or damage pertaining to lost profits.
Article 13: Confidentiality
- Except where otherwise specified herein, Users and the Company
shall treat as confidential information any information that the other party has disclosed to them in
connection with the Services with the explicit request at the time of disclosure that such information
be treated as confidential, unless such other party has given advance consent otherwise in writing;
provided, however, that information falling under the following items shall not constitute confidential
information.
- Information that was already in the possession of the Receiving
Party (defined below) at the time of disclosure;
- Information that the Receiving Party duly obtained from a third
party after its disclosure, without the imposition of a duty of confidentiality;
- Information that the Receiving Party independently acquired or
created after its disclosure, without relying on the information disclosed by the disclosing
party;
- Information that was already in the public domain at the time of
its disclosure; and
- Information that entered the public domain after its disclosure for
a reason not attributable to the Receiving Party.
- Notwithstanding the provisions of the preceding paragraph, a party
that has received confidential information (“Receiving Party”) shall be entitled to disclose
the same without the advance consent of the party that disclosed such confidential information if
disclosing at the lawful request of a competent authority etc. or in accordance with the provisions of
laws and regulations, or if disclosing to its officers or employees, consignees of the Services,
attorneys, certified public accountants, or other persons owing confidentiality duties under law.
Article 14: Exclusion of Antisocial Forces
- Users and the Company shall represent and covenant to each other
that neither they nor their officers or employees currently fall under, or will in the future fall
under, criminal organizations, criminal organization members, persons who ceased to be criminal
organization members less than five years ago, criminal organization quasi-members, enterprises
affiliated with criminal organizations, corporate extortionists (sōkaiya) or the like, social campaign advocacy racketeers
(shakai-undō-hyōbō-goro), criminal
organizations with special intelligence, other persons equivalent to the foregoing (collectively,
“Criminal Organization Members etc.”), or any of the following items.
- Persons having relationships such that Criminal Organization
Members etc. can be considered to be in control of or substantially involved in their management;
- Persons having relationships that can be deemed to constitute
improper utilization of Criminal Organization Members etc. for the purpose of pursuing illicit gains for
themselves or third parties, causing damage to third parties, or the like;
- Persons providing funds etc. to, granting conveniences to, or
having other similar relationships with, Criminal Organization Members etc.; and
- Persons of whom an officer or other person substantially involved
in management has a socially objectionable relationship with a Criminal Organization Member etc.
- Users and the Company shall each be entitled to cancel Services
Agreements between them without warning if it has come to light that, in breach of the representations
and covenants of the preceding paragraph, the other party or an officer or employee thereof does fall
under a Criminal Organization Member etc. or any item of said preceding paragraph.
- The Provisions of Paragraphs 2 and 3 of Article 10 (Suspension of
Use, Cancellation, etc. by the Company) shall apply mutatis mutandis in the case where the Company has cancelled a Services Agreement pursuant to the
preceding paragraph.
Article 15: Amendment of Terms etc.
- The Company shall be entitled to amend the particulars of these
Terms to an extent not at variance with the purposes of the Services, in accordance with the provisions
of the Civil Code pertaining to amendments of standard-form agreements, when the amendments hereof will
be in accord with the general interests of Users, or when it can be found that there are changes in
societal conditions, economic circumstances or realities connected with the Services, changes in laws
and regulations, or other reasonable grounds necessitating such an amendment.
- When these Terms are amended under the provisions of the preceding
paragraph, the Company shall notify Users of the particulars of the terms of service as amended, by
indication on the Company Website or by communication to Users using Company-prescribed methods, and the
terms of service as amended shall come into effect on the date marking the passage of a reasonable
period of at least one month as specified at the time of such notification.
When amending these Terms in a manner not in accordance with the provisions of
Paragraph 1 of this article, the Company shall obtain the consent of Users to the particulars of the terms
of service as amended. In such case, the Company will give notice of the particulars of the terms of service
as amended in keeping with the provisions of the preceding paragraph. Moreover, Users will be deemed to have
consented to the particulars of the terms of service as amended if they have used the Services or have not
implemented procedures for termination in the period from notification by the Company to the date the terms
of service as amended come into effect.
Article 16: Assignment of Status under Services Agreements, etc.
- Absent the Company’s prior written authorization, Users are
not entitled to assign, transfer, create security interests over, or otherwise dispose of their status
under Services Agreements or their rights or duties under these Terms.
- When the Company has transferred business related to the Services to
another company, the Company shall be entitled, in conjunction with such transfer, to assign to the
transferee of such transfer the Company’s status under Services Agreements, the Company’s
rights and duties under these Terms, and the Registered Matters and other User information of Users;
Users shall consent to such assignment in advance under this paragraph. It should be noted that business
transfer as set forth in this paragraph includes not only ordinary business transfer, but also corporate
separation and all other cases where business is transferred.
Article 17: Severability
In the case where any provision of these Terms has been deemed invalid or
unenforceable in whole or in part under laws, regulations or the like, the remaining provisions of these
Terms and the remaining parts of any provisions deemed partially invalid or unenforceable shall remain in
full effect.
Article 18: Governing Law and Jurisdiction
- These Terms and Services Agreements shall be governed by the laws
of Japan.
- The Tokyo District Court shall be the exclusive agreed court of
first instance for all disputes arising in consequence of or in connection with these Terms or Services
Agreements.
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