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.