Member’s Terms and Conditions
ARTICLE 1 (APPLICATION OF THE MEMBER’S TERMS AND CONDITIONS)
1. α & Company, Inc. (the “Company”) runs the businesses of Alpha Advisers, Alpha Notes, and other related services (collectively the “Services” and each of the Services referred to as the “Individual Service”). The following terms and conditions (the “Member’s Terms and Conditions”) are applicable to any registrant or user of the Services (the “Member”).
2. In the Member’s Terms and Conditions, the “Member” shall mean the registrant person himself/herself who takes procedures to be registered as a member of the Services provided by the Company. If the Member falls under any of the person with qualified legal capacity (a minor, an adult ward, a person under curatorship or a person under assistance, hereinafter the same), such Member’s legal representative (a person who has parental authority, a guardian of a minor, or an adult guardian, hereinafter the same), curator or assistant (collectively the “Legal Representative”) shall also be considered as the Member.
3. If the Member uses the Individual Service, terms and conditions or rules for such Individual Service shall be applicable in addition to the Member’s Terms and Conditions.
4. By registering information of the Member (the “Register”), the Member shall be deemed to agree to the Member’s Terms and Conditions. When the Company approves the Register, the agreement on applying each of the Member’s Terms and Conditions as the terms of the contract between the Company and the Member shall be made.
5. Any action in the Member’s Terms and Conditions shall include both act and omission, regardless of means or manners.
ARTICLE 2 (MEMBERSHIP REGISTRATION)
1. The Member shall follow the registering procedures as specified by the Company.
2. The Company may not approve the Register if it finds that any of the following cases applies. The Company may, subsequent to its approval, delete the relevant Register if any of the following cases is found.
(1) The registered e-mail address does not exist.
(2) The registered e-mail address had already been registered.
(3) The Member has a history of violating the Member’s Terms and Conditions and having its Register deleted.
(4) The registered information is false, intentionally left inaccurate and/or incomplete.
(5) If the Member is a person with qualified legal capacity, the Register is not completed or approved by the Legal Representative.
(6) No access by the Member is confirmed for a certain period of time specified by the Company.
(7) The Member is found to be a member of or involved in an organized crime group, a company related to an organized crime group, and/or other anti-social forces.
(8) The Company reasonably finds any other reason for disapproval of the Register based on reasonable grounds.
ARTICLE 3 (NOTIFICATION OF CHANGES TO REGISTERED INFORMATION)
1. When any changes occur to the registered information, the Member shall promptly follow designated procedures to notify the Company of such changes.
2. The Company shall not be liable for any disadvantage suffered by the Member who fails to notify the Company in accordance with the preceding paragraph.
ARTICLE 4 (PROTECTING USER ID AND PASSWORD)
1. The Member shall be responsible for protecting his/her user ID and Password (collectively the “IDs”) against abuse thereof by a third party.
2. The Member shall be responsible for any action and its outcome using his/her ID in the Services whether such action is taken by himself/herself or not. The Member shall resolve complaints, claims, and disputes caused by such use of the IDs at his/her own expense and responsibility and hold the Company harmless by any means.
3. If there is a risk that any third party may use the Member’s IDs, the Member shall promptly notify the Company thereof and follow the instruction, if any, to be issued by the Company.
ARTICLE 5 (EXCLUSION OF ANTI-SOCIAL FORCES)
The Member represents and warrants that it was, is, and will never be any of the anti-social forces (an organized crime group, a member of the organized crime group, a person for whom five years have not passed since the day when such a person ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a quasi-organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, or other similar ones). The Member shall not commit acts of violence, fraud, intimidation, obstruction of business, or take any action that violates or may violate laws and regulations.
ARTICLE 6 (CHANGES TO THE SERVICES)
The Company may change the names and/or contents of the Services without prior notice to the Member.
ARTICLE 7 (TEMPORARY SUSPENSION OF THE SERVICES)
1. The Company may temporarily suspend the Services without prior notice to the Member if:
(1) system maintenance is required with respect to the Services;
(2) it becomes impossible to provide the Services due to natural disasters, accidents, malfunctions, power failure, etc.;
(3) it becomes impossible to provide the Services due to wars, political disturbances, riot, labor dispute, etc.; or
(4) the Company deems it necessary to temporarily suspend the Services for operational or technical reasons.
2. The Company shall not be liable to the Member or a third party for any damage caused by delay or suspension of the Services for any reason not attributable to the Company (including without limitation any of the reasons in the preceding paragraph).
ARTICLE 8 (TERMINATION OF THE SERVICES)
1. The Company may, without prior notice to the Member, terminate a part or all of the Services anytime when it deems necessary.
2. Except as provided in paragraph 2 of Article 13 herein, the Company shall not be liable for any direct or indirect damage caused by its termination of the Services.
ARTICLE 9 (PROHIBITED MATTERS)
The Member shall not engage in any of the following activities when using the Services. If the Member engages in any of the activities in below, the Company will, without consent of the Member, freeze or delete such Member’s account.
(1) Activities that infringe or may infringe intellectual property rights (including without limitation copyright and trademark rights) of the Company and/or a third party
(2) Activities that utilize or have a third party utilize, beyond the scope of private use stipulated in the Copyright Act, data, information, images, sentences, remarks, and/or software obtained in the Services (collectively the “Data”) for the purpose of reproduction, sale, or publication
(3) Activities that infringe or may infringe life, body, property, privacy, or portrait rights of a third party
(4) Activities that collect personal information of a third party without consent of such third party or by fraudulent means
(5) Activities that discriminate, slander or defame any third party, or damage the credibility of a third party
(6) Activities that damage social, economic, or political stability by spreading lies, reckless remarks, incitement, or false rumor
(7) Activities of advertisement, publicity, or promotion that lead or may lead to crimes (e.g. fraud, drug abuse, gambling, or production of explosives), or disseminating disgusting information
(8) Activities of posting or transmitting pictures or documents that include obscenity, child pornography, or child abuse; selling recorded media of obscenity, child pornography, or child abuse; or posting or transmitting advertisement that implies such posting, transmitting or selling
(9) Activities of posting or transmitting personal information of an individual that may identify the same individual (including without limitation name, address, workplace, phone number, and e-mail address) without his/her consent
(10) Activities of posting or transmitting URLs that directly generate profits to contributors (e.g. affiliates or one-click scam sites) while using the Services
(11) Use of the Services for the purpose of sexual or obscene acts
(12) Use of the Services mainly for the purpose of meeting and dating a person unknown
(13) Activities that violate the Act on Regulating Stalking Behaviors (Act No. 81 of May 24, 2000)
(14) Activities that violate to the Act on Prevention of Pyramid Scheme (Act No. 101 of November 11, 1978)
(15) Activities of inducing a third party to commit suicide
(16) Using the Services or causing a third party to use the Services by way of spoofing or falsely claiming to be associated with another individual or organization, or any other acts that violate the Act on Prohibition of Unauthorized Computer Access (Act No. 128 of August 13, 1999)
(17) Except for acts mentioned in (16) above, having unauthorized access to communication facilities, communication lines, computers, other equipment, or software installed by the Company for providing the Services, or any other acts that impair the use and operation thereof
(18) Tampering or deleting the information of the Company and/or a third party provided in the Services
(19) Transmission of harmful computer programs or acts that enable a third party to receive such programs
(20) Pre-election campaign, election campaign, or other similar activities, and acts that violate the Public Offices Election Act (Act No. 100 of April 15, 1950)
(21) Use of several IDs by one person or joint use of one ID by several persons, unless otherwise approved by the Company
(22) Non-compliance with the instructions or requests by the Company
(23) Providing benefit to anti-social forces directly or indirectly in connection with the Services, if the Company, based on reasonable grounds, deems that the Member has an inappropriate relationship with anti-social forces
(24) Suspected criminal activities (including without limitation arrested or prosecuted cases)
(25) Other than those listed in (1) through (24) above, activities that violate laws and regulations, the Member’s Terms and Conditions, or public policy (violence or atrocity); obstruct the Company's operation of the Services; damage credibility or property rights of the Company; or cause disadvantage to the Company and/or a third party
(26) For the purpose of promoting any of the activities specified in (1) through (25) above, posting URL or other indication that leads to the Data that will present such activities (including the cases where such activities are conducted by a third party)
(27) Other acts that the Company reasonably deems inappropriate based on reasonable grounds
ARTICLE 10 (DELETION OF THE MEMBER’S DATA)
1. If the information or data transmitted or presented in the Services by the Member (the “Member’s Data”) violates the Member’s Terms and Conditions, or there is an operational and maintenance need, the Company may, without prior notice to the Member, delete the Member’s Data.
2. Except as provided in paragraph 2 of Article 13 herein, the Company shall not be liable for any damage in relation to deletion of the Member’s Data in accordance with the preceding paragraph.
ARTICLE 11 (MEASURES AGAINST VIOLATIONS OF THE MEMBER’S TERMS AND CONDITIONS)
1. In cases where the Member violates or may violate the Member’s Terms and Conditions, a third party makes a claim or demands to the Company in connection with the Member's use of the Services, or the Company reasonably deems that there is a violation of the Member’s Terms and Conditions based on a reasonable ground, the Company may take one or more of the following actions against the relevant Member.
(1) The Company will require the Member to pledge that he/she stops activities which violate or may violate the Member’s Terms and Conditions and never repeats such activities.
(2) The Company will require the Member to proceed consultation (including without limitation judicial procedures) to resolve claims or demands raised by the relevant third party.
(3) The Company will delete the relevant Member’s account and all the relevant Member’s Data.
(4) The Company will make the relevant Member’s account and a part or all of the relevant Member’s Data inaccessible by a third party.
(5) The Company will suspend the use of the IDs by the relevant Member and disqualify such Member from using the Services.
2. The Company is not obliged to take actions mentioned in the preceding paragraph. Except as provided in paragraph 2 of Article 13 herein, the Company shall not be liable for any consequences caused by any of its actions mentioned in the preceding paragraph.
3. The Company may, on its own discretion, take any of the actions in paragraph 1 above simultaneously or in stages without a prior notice.
4. In the case of paragraph 1 above, the Company may claim damages or compensation from the relevant Member regardless of whether any sanction such as temporary suspension of the use of the Services or deletion of such Member’s Register is imposed on the same Member.
ARTICLE 12 (CANCELLATION OF REGISTRATION)
The Member may cancel its Register in accordance with the procedures specified by the Company.
ARTICLE 13 (DISCLAIMERS)
1. The Company shall not assume any responsibility for the completeness, accuracy, applicability or effectiveness of Data provided by the Company based on reasonable grounds and its reasonable discretion or other Data registered by a third party.
2. The Company shall not be liable for any damage suffered by the Member in connection with the use of the Services (including any damage caused by any dispute with a third party), or any damage suffered by the Member or a third party due to unavailability of the Services, unless such damage is caused by the Company’s intention or negligence. Provided however, if there is a negligence (excluding gross negligence) of the Company, the Company shall be liable to the extent ordinary and direct damage actually suffered by the Member maximum of which is the amount already paid by the Member to the Company.
ARTICLE 14 (COPYRIGHT)
1. The Member represents and warrants against the Company that, in relation to words, graphics, voices, images and any other information provided by the Member in the Service (the “Posted Data”), such Member has a lawful right to post or transmit the Posted Data and the Posted Data does not infringe any third party’s rights.
2. The Member shall, in relation to the Posted Data, grant to the Company a worldwide, non-exclusive, non-charged, sub-licensable, transferrable license to use, reproduce, distribute, create derivative work, present and execute. The Company shall be entitled to use such Posted Data on its own discretion, including advertisements.
3. The Member agrees not to exercise the moral rights of an author against the Company or any party which is granted or succeeds the right from the Company.
ARTICLE 15 (PERSONAL INFORMATION)
ARTICLE 16 (AMENDMENT TO THE MEMBER’S TERMS AND CONDITIONS)
1. The Company may, on its own discretion, amend the Member’s Terms and Conditions.
2. In order to amend the Member’s Terms and Conditions, the Company shall specify the relevant change(s) and the effective date of the amended Member’s Terms and Conditions on its website or notify the Member thereof by the time reasonably before the effective date of such amendment.
3. If the Member does not consent to the amendment mentioned in paragraph 1, such Member may, in accordance with Article 12 herein, follow the designated procedure and cancel its Register as of the date preceding the effective date.
4. The Member shall be deemed to consent to the amendment to the Member’s Terms and Conditions when such Member maintains its Register or uses the Services on or after the effective date of the amended Member’s Terms and Conditions.
ARTICLE 17 (EXCLUSIVE JURISDICTION)
If there is a dispute (including the court mediation procedures) in connection with the Member’s Terms and Conditions, the Tokyo District Court or the Tokyo Summary Court shall be the court of exclusive jurisdiction at the first instance.
ARTICLE 18 (GOVERNING LAW)
The Member’s Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
ARTICLE 19 (OFFICIAL TEXT)
The Member’s Terms and Conditions may be translated into English, however such translation is solely for the reference purpose, and the Japanese version of the Member’s Terms and Conditions shall be the original.
The Member’s Terms and Conditions are in effect from September 30, 2016.
January 21, 2022 as amended.