Terms and conditions on Medical Device Newsletter
The Terms and conditions on Medical Device Newsletter (hereinafter referred to as “Terms”) applies to our Medical Device Newsletter Service (hereinafter referred to as “Newsletter Service”) provided by Marincare Medical Patent Firm (hereinafter referred to as “Firm”). All registered users (hereinafter referred to as “Users”) are bound by Terms.
Article 1 (Adaption)
(1) Terms applies to all relations between Users and Firm regarding Terms.
(2) In addition to Terms, Firm may also make various rules (hereinafter referred to as “Individual Rules”) regarding Service. This Individual Rules, whatever they may be called, shall constitute a part of Term.
(3) In the event of any inconsistency between Term and Individual Rules, unless otherwise specified in Individual Rules, Individual Rules shall take precedence over Terms.
Article 2 (User Registration)
(1)User registration is completed, if a user agrees to Terms and offers for user registration to Newsletter Service in the manner specified by Firm and Firm approves the offer.
(2) Firm may refuse to approve the offer of user registration if Firm determines that the user has at least one of the following reasons and Firm is not obliged to disclose the reasons of such refusal.
1. The user has provided false information in offerring the user registration
2. If the offer is from the user who has breached Terms
3. If the offer is from the user which, commercially or non-commercially, provides or will provide IP services (such as filing IP applications, developing IP strategy, or searching and analyzing IP information) on medical devices, excluding the case that Firm accepts them to use Newsletter Service
4. In other cases where Firm determines that the user registration to be inappropriate
Article 3 (Fees and payment methods)
Newsletter Service shall be free of charge.
Article 4 (Prohibited matters）
When using Newsletter Service, Users shall not do any of the following acts.
1. Any act contrary to the law, or public order and morality
2. Acts related to criminal activities
3. Infringe any copyright, trademark or other intellectual property right contained in Newsletter Service
4. Disrupts or interferes with the functions of the Firm, other Users of Newsletter Service, or the servers or networks of any other third parties
5. Commercially use any information obtained from Newsletter Service
6. Take any action that is likely to interfere with the operation of Newsletter Service
7. Unauthorized access or attempting to Unauthorized access
8. Collect or aggregate personal information, etc., on other Users
9. Use Newsletter Service for an unauthorized purpose
10. Acting in a manner that harms, injures or inconveniences other Users of Newsletter Service or other third parties
11. Pretend to be another user
12. Any unauthorized advertising, publicity, solicitation or commercial activity on Newsletter Service
13. Directly or indirectly providing benefits to anti-social entities in connection with Newsletter Service
14. Any other actions that Firm considers to be inappropriate
Article 5 (Suspension etc. of Newsletter Service)
(1)Firm may suspend or discontinue all or part of Newsletter Service without prior notice to Users if Firm determines that at least one of the following reasons exist.
1. If Firm maintains or updates the computer systems which provide Newsletter Service
2. If force majeure such as earthquake, lightning, fire, power failure or natural disaster makes it difficult to provide Newsletter Service
3. In the event of accidental disconnection of computers or telecommunication lines, etc.
4. Any other cases where Firm considers it difficult to provide Newsletter Service
(2)Firm shall not be liable for any loss or damage suffered by Users or any third party as a result of the suspension or discontinue of Newsletter Service.
Article 6 (Copyrights)
All copyrights and other intellectual property rights on all information of Newsletter Service and the related services belong to Firm or right owners who have been authorized by Firm, and Users may not reproduce, provide, lend, translate, modify, reprint, publicly transmit (including making it transmittable), transfer, distribute, publish or commercially use them.
Article 7 (User restrictions and cancellation of registration)
(1)Firm may, without notice, restrict your use of all or part of Newsletter Service or cancel your registration if you are in one of the following categories.
1. If you breach at least one articles of Terms
2. If you inputs a false facts for your registration
3. If you do not respond to Firm for a certain period of time
4. Any other case in which Firm considers your use of Newsletter Service to be inappropriate
(2)Firm shall not be liable for any damage caused to you as a result of any action taken by Firm in accordance with Article 7 of Terms.
Article 8 (Unsubscription）
Users may unsubscribe from Newsletter Service in accordance with the procedures established by Firm.
Article 9 (Disclaimer of warranties and liability)
(1)Firm does not warrant, either expressly or impliedly, that Newsletter Service is free from defects in fact or law (including defects in security, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, infringement, etc.).
(2)Firm shall not be liable for any damage caused to Users as a result of Newsletter Service, except in the case of willful misconduct or gross negligence on our part.
(3)Firm shall not be liable for any transactions, communications or disputes between the Users and other Users or third parties relating to Newsletter Service.
Article 10 (Change etc. of Newsletter Service)
The Firm may change, add to or discontinue Newsletter Service with prior notice to the Users and Users deem to accept that.
Article 11（Change of Terms）
(1)Firm may change Terms without requiring user’s individual consent in the following cases
1. If the change of Terms is compatible with the general interests of user
2. If the change of Terms is not contrary to the purpose of Terms and reasonable in the light of the need for the change, the reasonableness of the changed Terms and other situations related to the change.
(2)If Firm will change Terms in accordance with Article 11 (1), it will notify Users in advance of the change, the contents of the changed Terms and the date when it will come into effect.
Article 12（Handling personal information）
Firm will properly handle personal information obtained through Newsletter Service in accordance with our “Privacy Policy”.
Article 13（Notices or Communications）
Notices or communications between Users and Firm shall be given in a manner specified by Firm. Unless Users notify Firm that User’s address has been changed, Firm will assume that the current registered contact address is valid and will send notices or communications to that address, which will be deemed to have been received by Users at the time they are sent.
Article 14（Prohibition of transfer of rights and obligations）
Users may not assign or pledge its position, rights or obligations under Terms to any third party without the prior written consent of Firm.
Article 15（Governing law and jurisdiction）
The interpretation of Terms shall be governed by the laws of Japan. In the event of any disputes arising in relation to Newsletter Service, the court having jurisdiction for the location of Firm shall been selected.