
User Agreement
Document Last Updated: December 15, 2008
Acceptance of User Agreement
RockPackage.com is managed and operaetd by EPICTO corporation ("EPICTO"). Rockpackage.com Website ("the Website") including all content available through the Website and EPICTO are collectively referred to as "RockPackage.com" or "We" in this Terms of User Agreement.
Your use of services offered by RockPackage.com ("Services") is subject to the terms and conditions set forth in this User Agreement (Agreement) and Privacy Policy, which constitutes a part of the Agreement.
The Agreement sets forth the legally binding terms for your use of the Services. Please read the Agreement carefully. By visiting and using the Website, you signify your assent to these terms and conditions. If you do not agree, please discontinue use of services and leave the Website immediately. If you wish to become a Member of Services, you must read this agreement and indicate your acceptance before submitting the member registration form.
When anyone visit the Website, he or she is a visitor to the Website ("Visitor"). Upon completing use registration, a visitor becomes a "Member". Visitor and Member are collectively addressed in this Agreement as "User". A User includes the person using this Website and any legal entity which may be represented by such person under actual or apparent authority.
Changes in the Agreement
RockPackage.com may update this Agreement from time to time, without prior notice. Such modification shall be effective immediately upon posting by RockPackage.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after such modification is made. It is important that you regularly review this Agreement to ensure you are updated with any changes.
Membership
In order to become a Member and continue to be a Member, you must represent and warrant that:
- Your user registration and user profile information is truthful, valid, accurate and complete.
- Your use of Services does not violate any applicable local and international law or regulation.
If the User provides or attempts to give any information, that is untrue, inaccurate, invalid, or incomplete, RockPackage.com has the rights and authorities to suspend or terminate User's Membership and refuse any or all use of RockPackage.com and its features, products and services.
You agree that you will promptly update the member information on RockPackage.com to keep it true, accurate, valid, and complete when changes occur.
If you have registered for RockPackage.com on behalf of a business entity or a company, you represent and warrant that you have the authority to bind such entity or company to the User Agreement and the address you use is the principal place of business of such business entity.
You may terminate your Membership at any time by removing your account in Profile page.
In order to use Services, you need to create a Membership account. You may not use another Member's account without permission.
When you sign up to become a Member, you will be asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to use the account, user ID, or password of another Member at any time or to disclose your password to any third party. You agree to notify RockPackage.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. RockPackage.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
All information given through registrations becomes the exclusive property of RockPackage.com and its subsidiaries. By becoming a Member, you consent to the inclusion of your personal data in RockPackage.com's database and authorize RockPackage.com to share such information with other Users and Members. RockPackage.com reserves the right to use and reuse all registration and other personally identifiable user information.
Premium Services
Access to the Website and its certain features are provided to all Users free of charge. However, RockPackage.com reserves the right, without prior notice, to restrict access to certain areas or features of the Website ("Premium Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
RockPackage.com reserves the right to deny Premium Services to any User for whatever reason in order to protect the interests of RockPackage.com.
Termination:
You agree that RockPackage.com may terminate your account and access to the Service with or without reason, and without prior notice. The following list of conducts will lead to a termination of membership of RockPackage.com Service by RockPackage.com:
- Breaches or violations of this Agreement or any other agreement, guideline, and policy that are incorporated in the Agreement
- Request by law enforcement or other government agencies
- Self-initiated account removal
- Unexpected technical or management issues
- Any conduct which RockPackage.com in its sole discretion believes may be directly or indirectly harmful to other Users, to RockPackage.com or its subsidiaries, affiliates or business contractors or to other third parties
This agreement will be in effect between you and RockPackage.com even after Membership is terminated. You agree that any terminations of Membership shall be made in Our sole discretion and that RockPackage.com shall not be liable to you or any third-party for any termination of your account.
Services
RockPackage.com reserves the right to limit, deny or create different access(es) to the Website and its features with respect to different Users, without any or prior notice. RockPackage.com also reserves the right, without prior notice or any notice, to change any of the features, products and services or introduce new features, products and services of this Website.
RockPackage.com is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services.
RockPackage.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or User communication.
User acknowledges that in no event shall RockPackage.com be liable to the User or any third parties for any inability to use the Website, whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise, and for any delays, errors or omissions with respect to any communications or transmission, or any damage arising from the use of the Website. RockPackage.com can not be held responsible also for the inability of the User to use the Website or any of its features.
Fees
Access to or usage of certain features of the Website are provided to all Users free of charge.
Suppliers members pay an annual membership fee to RockPackage.com for using the Website's certain features, products and services related to their membership.
Free members may also purchase certain extra features, products and services which are not included in their membership packages with respect to their membership.
Members are responsible for paying all applicable taxes in addition to fees of features, products and services they use.
Membership fee will not be refunded even though a member requests to terminate its membership before the expiry of the membership period. If RockPackage.com terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees.
You acknowledge that RockPackage.com reserves the right to add other services for fees, to change its fees from time to time in its discretion, and to discontinue the Service or any portion thereof without prior notice.
RockPackage.com Content
RockPackage.com Content, except all Content submitted by Users, including without limitation, the text, graphics photos, sounds, music, videos, compilation and the design of the Website are owned by RockPackage.com and protected by copyright, trademark, patent, trade secret and other laws.
Except for Content submitted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or commercially exploit any Content appearing on or through the Services.
The Website or any portion of the Website can not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without written permission by RockPackage.com.
Content Submitted by User
By displaying, transmitting or publishing ("submitting") any Content, messages, text, files images, video, sounds, your profile, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant RockPackage.com, a non-exclusive, perpetual, fully paid and royalty-free, world-wide licence (with the right to sublicense through unlimited levels of sublicenses) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, prepare derivative works of, transmit, and distribute such Content in any media formats and through any media channels.
User grants to RockPackage.com all the rights to use its name or company information in connection with the submitted Content in connection with any or all the advertising, marketing and promotional materials related thereto.
You represent and warrant that:
- you are the owner of the Content or you are granted the necessary rights, licenses, consents, and permissions to use and submit the Content by owner of the Content
- You are solely responsible for paying all royalties, fees and any other monies owing any person or organization for submitting of any Content on or through the Services.
User is solely responsible for submitting and transmitting, of Content or any material or information to other Users or Members, and the consequences of such actions. RockPackage.com does not endorse and has no control over the Content. Content is not necessarily reviewed by RockPackage.com prior to posting and does not necessarily reflect the opinions or policies of RockPackage.com.
RockPackage.com makes no warranties, express or implied, as to the Content or to the accuracy, integrity, quality, propriety, lawfulness and reliability of the Content or any material or information that you transmit to the Website or other Users.
You also hereby grants each Member a non-exclusive license to access Content you submit as permitted through the functionality of the Website and under this Agreement.
You agree that you will not submit the following list of prohibited content on or through the Services. RockPackage.com reserves the right to investigate and take appropriate legal action against anyone who, in RockPackage.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of RockPackage.com:
- violate or promote violation of the privacy rights, publicity rights, copyrights or any other rights of any person or organization
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
- harasses or advocates harassment of another person
- exploits people in a sexual or violent manner
- contains nudity, violence, or offensive subject matter
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
Users acknowledge and agree that by using the features, products and services provided in this Website, a user may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will RockPackage.com be liable in any way for any user or third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the features, products and services provided by the Website.
Third Party Content
User acknowledges and agrees that some of the content like data, files, texts, graphics, photos, videos, logos, banners, advertising materials and other content materials, displayed on this Website is provided or posted by third parties. Any content provided or posted by third parties, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. RockPackage.com, is not responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and services provided by RockPackage.com.
RockPackage.com does not control third party content posted via the products and services. As such, RockPackage.com makes no warranties, express or implied, as to the Content or to the accuracy, integrity, quality, propriety, lawfulness and reliability of the Content or any material or information transmitted to the Website by third party.
RockPackage.com does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. RockPackage.com reserves the right to monitor some, all, or no areas of the features, products and services for adherence to these User Agreement.
The Website may contain hyperlinks in the form of word link, banners or otherwise, to other Websites that are controlled by parties other than Rockpackage.com. Users must be aware that Rockpackage.com is not responsible for any use of such other Websites, even when said Website is accessed through a link from the Rockpackage.com. Rockpackage.com does not control these Websites, does not monitor such Websites and bears no responsibility or liability for, nor should RockPackage.com be deemed in any way to endorse or approve of, the contents, products, services and information on the linked Website. Rockpackage.com encourages you to read such Websites' User Agreement and Privacy Policies before using such Websites.
Membership Activity
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. RockPackage.com reserves the right to investigate and take appropriate legal action against anyone who, in RockPackage.com's sole discretion, violates this, but is not limited to:
- Use of any automated use of the system, including without limitation, "robots", "spiders", "offline readers" that access the Website in a manner that creates an undue burden on the Services or the networks or services connected to the Services
- Interfering or disrupting the RockPackage.com Service or infrastructure including, but not limited to unsolicited communications, attempts to gain unauthorized access, transmission or activation of computer viruses or disobeying any requirements, procedures, policies or regulations of networks connected to the RockPackage.com Services
- Falsely stating, impersonating, or otherwise misrepresenting your identity, including, without limitation, misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Stalking or harassing anyone
- Criminal activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
- Transmitting any chain letters or junk email to other Users
- Using any information obtained from the Services in order to contact, advertise to, solicit, or to any User without their prior explicit consent. (In order to protect our Users from such advertising or solicitation, RockPackage.com reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which RockPackage.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to RockPackage.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay RockPackage.com 50 US Dollars for each such unsolicited email or other unsolicited communication you send through the Services)
- Covering or obscuring the banner advertisements on any Website page via HTML/CSS or any other means
- "Framing" or otherwise simulating the appearance or function of this Website
- Modifying headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through RockPackage.com Services
- Using the Website in violation of local, national, or international laws
- Posting, uploading, emailing or transmitting any trade leads, information, data, text, files, links, chat, communication, or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive, intruding another's privacy, slanderous, vulgar, racist, embarrassing or otherwise objectionable to any other person or entity as determined by RockPackage.com in its sole discretion
- Posting material that infringes on the intellectual property rights, copyright, patent, trademarks, trade secret or other rights of others
- Violating any ordinance or regulation including without limitation, those governing export control, consumer protection, unfair competition or false advertising
- Being harmful to minors
- Collecting or storing personally identifying information about other users for unlawful or unauthorized purposes
- Acting in any other manner, which in RockPackage.com, in its sole discretion finds unacceptable
In addition, RockPackage.com is not responsible for the conduct of any User's activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. As a general condition, although RockPakcage.com reserves the right to do so, RockPakcage.com does not always pre-screen User content posted on this Website.
Communication and Transaction among Members
RockPackage.com acts as a place for users to search people to exchange information of goods and services. RockPackage.com does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions among Members. As a result, RockPackage.com has no control and is not liable to or responsible for the quality, safety, legality or availability of the products, services in trades offered on the Website, the ability of the suppliers to complete a sale, the ability of buyers to complete a purchase, or ability of traders to fulfill their obligation in any trade agreement.
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. Because user verification on the Internet is difficult, RockPackage.com cannot and does not confirm each User's purported identity (including, without limitation, Premium Service Members). We encourage you to use the various tools available on the Website, as well as experience and common sense, to evaluate with whom you are dealing.
Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Website.
Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents.
Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by Users of the Website as a result of purchase and sale transactions in connection with using the Website may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks.". Each User agrees that RockPackage.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Because RockPackage.com is not involved in the actual transaction between buyers and sellers, in the event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify RockPackage.com from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes.
International Use
Acknowledging the global nature of Services, you agree to comply with all applicable local laws and rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Japan or the country in which you reside.
Communications from RockPackage.com
When you visit RockPackage.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that RockPackage.com may change the Privacy Policy, without prior notice, by posting the updated version on this Website. Your continuation of use of the Website shall be deemed to be your acceptance of the Privacy Policy and its amendments.
Warranty Disclaimers
You agree that your use of the Website shall be at your own risk. To the fullest extent permitted by law, RockPackage.com, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use of the Website.
RockPackage.com makes no warranties or representations about accuracy, validity, correctness, reliability, quality, or completeness of any Website Content.
RockPackage.com also makes no warranties, approval, endorsement or representation of the Content of any Websites linked to and linked from this Website. Such Websites are in no way investigated, monitored or checked for accuracy or completeness by RockPackage.com. When you access these third-party Websites, you do so at your own risk.
RockPackage.com is not responsible for the conduct, whether online or offline, of any User of the Services.
RockPackage.com takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.
Under no circumstances shall RockPackage.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a RockPackage.com event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and AS-AVAILABLE" basis and RockPackage.com does not assume any responsibility for prompt or proper delivery, or retention of an user information or communication between users.
RockPackage.com shall not be liable to the User for delays or failures in performance or disruption of the content, features or services of the Website resulting directly or indirectly from forces or causes beyond its reasonable control, including but not limited to, internet failures, telecommunications or any other equipment failures, electrical power failures, labor disputes, riots, disturbances, fires, flood, storms, explosions, acts of war, governmental actions, orders of domestic or international courts.
RockPackage.com expressly disclaims any and all representation and warranty, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or fitness for a particular purpose or non-infringement. All such warranties, representations, conditions, undertakings and terms are hereby excluded. RockPackage.com cannot guarantee and does not promise any specific results from use of the Services.
Limitation of Liability
In no event shall RockPackage.com, its subsidiaries, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, exemplary, punitive or consequential damages whatsoever resulting from the use of Services.
RockPackage.com's liability to you for any cause whatsoever and regardless of the form of the action will, at all times, be limited to the amount paid if any by you to RockPackage.com for the services during the term of Membership.
You agree to indemnify and hold RockPackage.com, its subsidiaries and affiliates and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising from: a) your use of the Services in violation of this Agreement; b) a breach of this Agreement; c) any breach of your representations and warranties set forth above; d) any Content that you post on the Website or through the Services that makes RockPackage.com to be liable to another.
Notices
All notices or demands to or upon RockPackage.com shall be effective if in writing and shall be duly made when sent to RockPackage.com in the following manner: to EPICTO, 4-31-10-210 Momochihama, Sawaraku, Fukuoka, Japan 814-0001 Attn: RockPackage Legal Department.
General
RockPackage.com and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
RockPackage.com's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right nor waives RockPackage.com's right to act with respect with subsequent or similar breaches.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to RockPackage.com, or by posting such notice or demand on an area of the Website that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- RockPackage.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon RockPackage.com's posting such notice on an area of the Website that is publicly accessible without charge.
No sales agency relationship is created between any User and RockPackage.com, our affiliates, directors, officers or employees by virtue of RockPackage.com's display of any of the User's information on the Website.
Disputes
If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of Japan without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the Prefecture of Fukuoka, City of Fukuoka.
This Agreement shall be governed by the laws of Japan without regard to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Japan.
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