Premium Team - Terms of Service

Chapter 1 - General Provisions

(Application of Terms of Service)

  1. Article 1 - The Subscriber agrees to these Terms of Service (hereinafter referred to as the "Terms") and Basket Plus Co., Ltd. (hereinafter referred to as the "Company") provides the Service (hereinafter referred to as the "Service") to the Subscriber on the condition that the Terms are observed. The Subscriber’s application for this Service is considered to be an agreement to these Terms.

(Definitions)

  1. Article 2 - The definitions of terminology in these Terms are as follows.
    1. (1) The Service: The service (application) provided by the Company.
    2. (2) Usage Contract: The contract concluded between the Company and the Subscriber to follow these Terms for the provision of this Service.
    3. (3) Usage Contract, etc.: The Usage Contract and these Terms.
    4. (4) Subscriber: The individual who concludes a Usage Contract with the Company and is provided with the Service.
    5. (5) Subscriber Equipment: The computers, telecommunications equipment, and other equipment and software that the Subscriber sets up in order to be provided with the Service.
    6. (6) Service Equipment: The computers, telecommunications equipment, and other equipment and software that the Company sets up to provide the Service.
    7. (7) Service Equipment, etc.: The Service Equipment and the telecommunications lines that the Company leases from telecommunications operators to provide this Service.
    8. (8) User ID: The code used to distinguish the Subscriber from other individuals.
    9. (9) Password: The code used in conjunction with the User ID to distinguish the Subscriber from other individuals.

(Notifications)

  1. Article 3 - Unless otherwise specified in the Usage Contract, notifications from the Company to the Subscriber shall be sent in the method deemed appropriate by the Company, such as via e-mail, in writing, or posting on the web site.
  2. Notifications from the Company to the Subscriber sent via e-mail or posted on the web site based on the preceding Article shall come into effect as soon as the notification is sent via e-mail or posted on the web site.
  3. It shall be considered sufficient for the Company to mail notifications issued in writing to the address that the Subscriber reported to the Company. Even if this notification does not arrive, it shall be considered to have arrived after an amount of time has passed where it could be generally considered to have been delivered.

(Changes to these Terms)

  1. Article 4 - By notifying the Subscriber, the Company may change these Terms. If these Terms are changed, the Subscriber shall use the Service in accordance with the changed Terms. Moreover, if the Subscriber uses the Service after the Terms have changed, the Subscriber is considered to have consented to the changes to the Terms.

(Non-transferability of Rights and Obligations)

  1. Article 5 - Unless the Company provides written permission in advance, the Subscriber may neither transfer to any third parties nor offer as collateral the Subscriber's contractual position or rights and obligations under the Usage Contract in whole or part.

(Jurisdiction)

  1. Article 6 - If the need for litigation between the Subscriber and the Company arises, it shall first be the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending upon the amount in question.

(Governing Law)

  1. Article 7 - The law governing the establishment, efficacy, execution, and interpretation of the Usage Contract, etc. shall be Japanese law.

(Discussion)

  1. Article 8 - Items not prescribed in the Usage Contract, etc., and questions as to the interpretation of items prescribed therein shall be resolved through good faith discussion between the two parties. Even if some portion of the Usage Contract, etc. becomes invalid, it shall not affect the validity of other portions of the Usage Contract, etc. Any invalid portions shall have the invalid portions reinterpreted such that they are valid and as close as possible to the intent of the original portion.

Chapter 2 - Conclusion of the contract, etc.

(Conclusion of the Usage Contract, Number of Contracts, etc.)

  1. Article 9 - These Terms come into force when the applicant for the Service completes all necessary items on and submits the specified Usage Application to the Company, or when the applicant applies to the Company for a contract to this Service in the method prescribed by the Company, and when the Company accepts that application.
  2. If the Company determines that an applicant to use the Service falls under any of the following items, that applicant's application for a Usage Contract shall not be accepted.
    1. (1) If a false statement, omission, or clerical error was made on the Usage Application.
    2. (2) If information provided to the Company at the time of application was falsified.
    3. (3) If the Company otherwise determines the application to be unsuitable.

(Notification of Changes)

  1. Article 10 - If any changes occur to items listed by the Subscriber on the Usage Application form, including trade name or company name, office location or address, contact information, representative, etc., the Subscriber must inform the Company within 30 days of the planned date of the change in the method prescribed by the Company.
  2. If the Subscriber neglects to notify the Company as prescribed in the preceding Paragraph, and that results in any notification from the Company not being delivered to the Subscriber, the Company shall not assume any responsibility for damages resulting therefrom.

(Temporary Suspension or Stoppage of Service)

  1. Article 11 - If any of the following apply, the Company may suspend the Service without informing the Subscriber in advance or obtaining the Subscriber's consent.
    1. (1) If the Company is conducting temporary or special maintenance of the Service Equipment.
    2. (2) If the suspension cannot be avoided for an operational or technical reason.
    3. (3) If the service provider of this Service suspends its service to the Company, regardless of the preceding two items.
    4. (4) If the Service cannot be provided due to a natural disaster or other unavoidable circumstance.
  2. The Company may temporarily suspend the Service to conduct an inspection of the Service Equipment after informing the Subscriber in advance.
  3. If any of the items in Article 15 Paragraph 1 applies to the Subscriber, or if the service provider of this Service suspends its service to the Company, or if the Subscriber fails to pay the Service Fee or otherwise violates the Usage Contract, the Company may suspend this Service in whole or in part without informing the Subscriber in advance.
  4. The Company assumes no responsibility whatsoever if suspension or stoppage of the Service for any of the reasons prescribed in the preceding Paragraphs causes damage to the Subscriber or any third parties.

(Usage Contract Period)

  1. Article 12 - The period of the Usage Contract shall begin on the day that the Company completes the registration procedures (hereinafter referred to as the "Usage Start Date").
  2. The Usage Contract Period shall be from the Usage Start Date until one day before the same day of the month following the Usage Start Date. Until the end of the Contract Period for the Service, the Service Period shall be renewed automatically under the same conditions for another period to end on the day one day before the same day of the following month and thereafter, unless the Subscriber expresses intent to the Company to cancel usage of this Service. If the same day does not exist in the following month, the Usage Contract Period shall be until the day before the last day of the following month.

(Cancellation)

  1. Article 13 - The Subscriber may not cancel the Usage Contract during the period of the subscription. However, Subscribers who have applied for the paid Service may cancel the Usage Contract by paying a cancellation fee equivalent to the remaining Usage Period in the Usage Contract (including the amount equivalent to the consumption tax) in the method prescribed by the Company and by the deadline prescribed by the Company.
  2. The provisions of the preceding Paragraph shall not apply to early termination of the Service following an update to the Usage Contract.
  3. If the Company terminates the Usage Contract during the period of use for its own reasons, it shall inform the Subscriber at least 14 days before the termination. Moreover, the Company shall not be held liable for any damages nor assume any obligations for loss caused to the Subscriber due to termination under this Paragraph.

(Cancellation of the Usage Contract by the Company)

  1. Article 14 - If any of the following items applies to the Subscriber, the Subscriber shall forfeit the benefit of time for any and all monetary liabilities against the Company, and the Company may cancel the Usage Contract in whole or in part without providing any advanced notice to the Subscriber. Moreover, cancellation of the Usage Contract in accordance with this Article shall not preclude the Company from making a claim for damages.
    1. (1) Some false statement is made to the Company on the Usage Application or other notification to the Company.
    2. 　　　
    3. (2) The Subscriber stops payment or becomes insolvent, or if it is determined to be likely that the Subscriber may do so.
    4. 　　　
    5. (3) The Subscriber's bills or checks are dishonored.
    6. 　　　
    7. (4) The Subscriber is subject to a civil restraining order (provisional seizure, provisional disposition) or compulsory attachment, is delinquent in taxes or public dues, or some other equivalent act.
    8. 　　　
    9. (5) The Subscriber declares bankruptcy, begins liquidation, declares corporate reorganization or civil rehabilitation proceedings, or there is another serious concern with regards to the Subscriber's creditworthiness.
    10. 　　　
    11. (6) A regulatory agency cancels or suspends the Subscriber's business license.
    12. 　　　
    13. (7) The Subscriber violates any portion of the Usage Contract, etc.
    14. 　　　
    15. (8) The Subscriber decides to dissolve, undergo a capital reduction, or transfer all or a significant portion of its business to another party.
    16. 　　　
    17. (9) There is some reason that the Company determines it would be difficult to execute the Usage Contract.
    18. 　　　
    19. (10) It becomes clear that the Subscriber has a relationship with an organized crime organization or another antisocial force or party that violates public policy.
    20. 　　　
    21. (11) The Subscriber uses the Service in a method other than what is permitted by the Company or in an inappropriate way, or the Company determines that the Subscriber is likely to do so.
    22. 　　　
    23. (12) The Subscriber commits an act that dishonors the Company, demeans its credibility or incurs economic damage to the Company.
    24. 　　　
    25. (13) The Subscriber commits any of the Prohibited Acts in Article 29.
    26. 　　　
    27. (14) There is some other information from which it can reasonably be determined that it would be difficult to continue the Usage Contract.

(Discontinuation of Service)

  1. Article 15 - If any of the following apply, the Company may discontinue the Service in whole or in part without informing the Subscriber, and the date of the discontinuation shall be considered the final date of the Usage Contract in whole or in part.
    1. (1) The contract between the Company's service provider and the Company to provide this Service is canceled for any reason whatsoever.
    2. (2) The service provider for this Service discontinues the Service in whole or in part.
    3. (3) The Company is unable to provide the Service due to a natural disaster or other unavoidable circumstance.
    4. The Company assumes no responsibility whatsoever if discontinuation of the Service for any of the reasons prescribed in the preceding Paragraph causes damage to the Subscriber or any third parties.

This Service

(The Types, Content, Conditions, and Intellectual Property Rights Related to this Service)

  1. Article 16 - The types and content of the Service provided by the Company are prescribed in the attachment.
  2. The Subscriber agrees to the following in using this Service.
    1. (1) This Service may have malfunctions not attributable to the Company, including those described in Article 34 Paragraph 1.
    2. (2) The Company assumes no responsibility whatsoever for malfunctions in the Service not attributable to the Company.
    3. (3) Even in cases of malfunctions in the Service that are attributable to the Company, the Company's liability shall be limited by Article 33.
    4. (4) The Service may have malfunctions due to the Internet connectivity environment or other Subscriber Equipment. The Company assumes no responsibility for such malfunctions.
    5. (5) The Company assumes no responsibility whatsoever for any damage caused by the installation work of the Subscriber Equipment (including damage caused by the Subscriber's Internet environment and OA equipment setup unrelated to the Service).
  3. Any and all rights associated with this Service, including ownership rights, as well as copyrights, patent rights and any other intellectual property rights belong to the Company or the service provider for this Service specified by the Company.

(Service Coverage Area)

  1. Article 17 - The coverage area for this Service shall be limited to Japan, unless otherwise specified in the Usage Contract, etc.

(Preparation for the Service)

  1. Article 18 - To use the Service, the Subscriber is responsible for procuring its own Subscriber Equipment as specified by the Company. Any and all expenses relating to the Subscriber Equipment shall be borne by the Subscriber.

(Subcontracting)

  1. Article 19 - The Company may subcontract in whole or in part any of the work it deems necessary to provide this Service to the Subscriber.

Chapter 4 - Usage Fees, etc.

(Usage Fees for the Service)

  1. Article 20 - The fees to use this Service (hereinafter referred to as the "Usage Fees") shall be according to the fee structure prescribed on the web page specified by the Company. However, additional fees shall be incurred if options are added. Moreover, fees shall not be calculated on a daily basis, and if the Service is terminated for any reason before the end of a month or partway through the period of a Usage Contract, the Subscriber shall pay the entire month's fees.

(Duty to Pay Usage Fees)

  1. Article 21 - The Subscriber shall pay the Usage Fees from the month following the month containing the Usage Start Date until the month containing the end date of the Usage Contract.
  2. The Subscriber must pay the amount of the Usage Fees for the Usage Period, even if the Service is suspended, stopped, discontinued or otherwise cannot be provided during the Usage Period. However, if the Service cannot be used at all due to the Company's willful action or gross negligence (hereinafter referred to as "unusable") for 72 hours or more, this shall not apply to the fees corresponding to the number of days (rounded down) during which the Service was unusable.

(Payment Method for Usage Fees)

  1. Article 22 - The Subscriber shall pay the Usage Fees to the Company following the Payment Method prescribed on the application form for the Service.
  2. Any and all fees incurred due to payment of Usage Fees, such as bank transfer fees, etc., shall be borne by the Subscriber.

(Interest for Arrears)

  1. Article 23 - If the Subscriber does not pay the Usage Fees or other fees related to the Usage Contract by the payment deadline, the Subscriber shall pay an overdue fee equivalent to 14.6% annually on the amount due, calculated from the day after the payment deadline until the payment is complete. The Usage Fees and other liabilities shall be paid in one payment by the specified deadline and in the manner specified by the Company.
  2. Bank transfer fees and other fees necessary for the payment prescribed in the preceding Paragraph shall be borne by the Subscriber.

Chapter 5 - Duties of the Subscriber, etc.

(Principle of Self-Responsibility)

  1. Article 24 - If the Subscriber incurs any damage to any third parties through the use of this Service, or if a third party files a claim to that effect, the Subscriber shall resolve the issue at its own responsibility and expense and shall not cause any burden to the Company whatsoever. The same shall apply if the Subscriber suffers any damage from a third party though use of this Service, or if the Subscriber files a claim against a third party to that effect.
  2. The Company makes no guarantees as to the information provided through this Service (content), and assumes no responsibility for any damage caused by it.
  3. If the Subscriber causes any damage to the Company by violating the Usage Contract, etc., the Subscriber shall be obligated to compensate the Company for any and all such damages (included, but not limited to lost profits, litigation costs, and attorney's fees).
  4. The Company makes no guarantees whatsoever with respect to the storage, saving, backup, changes, malfunctions, loss, etc. of the data and information (content) in this Service.

(Person in Charge of Use)

  1. Article 25 - The Subscriber shall specify a Person in Charge of Use for the use of this Service and inform the Company of this person on the Usage Application specified in Article 9. All communications, confirmations, etc. with the Company regarding the use of this Service will in principle be conducted through the Person in Charge of Use.
  2. If the Person in Charge of Use changes from the person specified on the application form, the Subscriber shall inform the Company immediately.

(Equipment Setup and Maintenance for Use of this Service)

  1. Article 26 - In addition to the preparations prescribed in Article 18, the Subscriber must set up Subscriber Equipment (installing lines, routers, and other installation work) to receive this Service.
  2. 　
  3. To use this Service, the Subscriber must connect the Subscriber Equipment to the Internet at the Subscriber's own expense and responsibility using telecommunications services such as those provided by a telecommunications operator.
  4. 　
  5. The Subscriber must set up or construct the Subscriber Equipment at the Subscriber's own expense and responsibility to meet the conditions prescribed by the Company and must maintain the Subscriber Equipment and environment required to use the Service.
  6. 　
  7. The Company is not obligated to provide the Service to the Subscriber if there is some malfunction in the Subscriber Equipment or Internet connection prescribed in Paragraph 2, or in the usage environment for the Service.
  8. If the Company determines it to be necessary in terms of maintenance, operations or technology, it may monitor, analyze or investigate data and usage related to the Service as necessary, and the Subscriber consents to this in advance.
  9. The Company assumes no responsibility whatsoever for any damage that occurs due to the construction of the Subscriber Equipment (including damage caused by the Subscriber's Internet environment and OA equipment setup unrelated to the Service).

(User ID and Password)

  1. Article 27 - The Subscriber must neither disclose, nor lend, nor leak the User ID or Password to any third parties and must manage them carefully (which includes changing the Password as appropriate).
  2. The Company assumes no responsibility whatsoever for damage incurred to the Subscriber or any third parties caused by mismanagement or misuse of the Subscriber's User ID and Password, or their use by a third party.
  3. Even if a third party uses the Subscriber's User ID and Password to use the Service, such use will be considered use by the Subscriber and the Subscriber shall be responsible for paying any and all Usage Fees resulting from this use. Furthermore, if the Company or any third parties suffers damage due to this act, the Subscriber is liable to compensate for any damages.

(Prohibitions)

  1. Article 28 - The Subscriber must not commit any of the following acts in relation to the use of this Service
    1. (1) Acts that infringe upon or may infringe upon the copyrights, trademarks or other intellectual property rights of the Company, service provider, or any other third parties.
    2. (2) Editing, modifying, altering, duplicating, or erasing the content of the Service or images and information accessible through the Service.
    3. (3) The act of allowing a third party to use the Service in violation of the Usage Contract.
    4. (4) Acts that violate the law or public policy and are disadvantageous to the Company or any third parties.
    5. (5) Discrimination or slander toward others or other acts that dishonor or discredit others.
    6. (6) Acts that lead to or may lead to crimes such as scams or fraud.
    7. (7) Transmitting or posting images or documents that are obscene or commensurate with child pornography or child abuse.
    8. (8) Establishing or soliciting for pyramid schemes.
    9. (9) Pretending to be a third party and using this Service.
    10. (10) Transmitting or posting viruses or other harmful computer programs.
    11. (11) Transmitting advertisements, propaganda, or solicitous e-mail without permission to third parties, or transmitting e-mail that causes or may cause a third party discomfort (e.g. harassing e-mail).
    12. (12) Acts that damage or may damage the operations or use of third party equipment or Service Equipment.
    13. (13) Acts that the Company determines may encourage acts that fall under any of the preceding items.
  2. If it is discovered that the Subscriber has committed or may have committed an act corresponding to any of the items in Paragraph 1, the Subscriber must immediately notify the Company and report the details of the act.
  3. If the Company determines that the Subscriber has committed any of the acts in Paragraph 1 with respect to use of the Service, or if information provided by the Subscriber corresponds to any of the acts in Paragraph 1, the Company may immediately suspend the Service in whole or in part without prior notice, or delete any information corresponding to the act in Paragraph 1. However, the Company bears no obligation to monitor or delete the actions of the Subscriber, nor any information (including data and content) provided by the Subscriber (including cases considered to be usage by the Subscriber).

Chapter 6 - Duties of the Company, etc.

(Duty of Diligence)

  1. Article 29 - The Company shall provide the Service during the Usage Period with the care of a prudent manager. However, this shall not apply in cases otherwise specified in the Usage Contract.

(Failure, etc. of Service Equipment, etc.)

  1. Article 30 - If the Company becomes aware of a failure in the Service Equipment, it shall inform the Subscriber immediately.
  2. If it is discovered that there is a failure in the Service Equipment set up by the Company, the Company shall inform the Subscriber promptly and endeavor to repair and restore the Service Equipment.
  3. If it is discovered that there has been a failure in the telecommunications lines leased by the Company to connect the Service Equipment, the Company shall instruct the telecommunications operator that provides those telecommunications lines to repair or restore them.
  4. If a malfunction occurs in the Service other than what is prescribed above, the Subscriber and the Company shall notify each other without delay, discuss what each should do to resolve the situation, and implement that solution.

Chapter 7 - Handling of Confidential Information

(Handling of Confidential Information)

  1. Article 31 - The Subscriber shall strictly maintain confidentiality with respect to any and all information learned through or provided by the Company based on the Usage Contract (hereinafter referred to as "confidential information"), not only during the Contract Period but after its completion as well, and shall neither disclose nor leak any such information to any third parties.
  2. The Subscriber shall immediately return or dispose of any confidential information disclosed based upon the Usage Contract if the Company so requests or when the Usage Contract is terminated.
  3. If any damage occurs to the Company due to the Subscriber violating this Article, the Company shall take the appropriate measures to prevent and limit the spread of damage, and the Subscriber shall compensate the Company for any damage suffered.

(Handling of Personal Information)

  1. Article 32 - The Subscriber shall neither disclose nor leak to any third parties personal information (as defined in the Act on the Protection of Personal Information) learned through use of this Service and shall observe all laws and regulations related to the protection of personal information.
  2. The provisions of this Article shall remain in effect even after the termination of this Service.

Chapter 8 – Liability for Damages, etc.

(Limitation of Liability for Damages)

  1. Article 33 - Regardless of the cause of action, whether default liability, tort liability or other legal matter, the scope of the Company's liability to the Subscriber with respect to the Service and Usage Contract is limited to normal damage that actually occurs to the Subscriber and is directly caused by the Company's willful act or gross negligence. Regardless of the amount of damages suffered by the Subscriber, the liability for damages shall not exceed the total Usage Fees paid by the Subscriber to the Company in the six months preceding the date when the damage occurred. Furthermore, the Company assumes no responsibility whatsoever for loss of income, nor for damages not caused by the Company's willful act or gross negligence, nor for damages arising from special circumstances, regardless of whether the Company could foresee them.

(Disclaimer)

  1. Article 34 - The Company's responsibility with respect to this Service and the Usage Contract is limited to the scope prescribed in the preceding Article. The Company assumes no responsibility for damages caused to the Subscriber in any cause of action, whether default liability, tort liability, or other legal matter in the event of any of the following.
    1. (1) Natural disasters, riots, civil unrest, and other unavoidable circumstances.
    2. (2) Failures in the Subscriber's Internet connectivity environment caused by failures in the Subscriber Equipment or malfunctions in the Internet connection to the Service Equipment.
    3. (3) Failures caused by the performance of the Internet connection service, such as Service Equipment response time.
    4. (4) Intrusion into the Service Equipment by a computer virus not meeting the virus definitions of the third-party antivirus software that the Company implements through its specified third party.
    5. (5) Unauthorized access, attacks, or eavesdropping by third parties of the Service Equipment that could not have been prevented even with the care of a prudent manager.
    6. (6) Failures caused by the Subscriber not observing the procedures prescribed by the Company, security measures, etc.
    7. (7) Damage caused by the Service Equipment
    8. (8) Failures caused by malfunctions in the telecommunications services provided by the telecommunications operator.
    9. (9) Forcible disposition based upon the Code of Criminal Procedure, Article 218 (Seizure, Search and Verification by Warrant) or other laws related to the interception of communications for criminal investigations, as well as forcible disposition based on court order or another law.
    10. (10) The loss of deliverables during transportation that is not due to the Company's willful act or gross negligence.
    11. (11) Failure related to subcontracted work that is not attributable to the Company's willful act or gross negligence with respect to selection or monitoring of the subcontractor.
    12. (12) Failures in the Subscriber's Internet connectivity caused by construction (setting up, connecting lines, etc.) to install the Subscriber Equipment.
    13. (13) Any reason other than the items above that is not attributable to the Company's willful act or gross negligence.
    14. (14) The storage, saving, backup, changing, malfunction, or loss of the data and information (content) in this Service.
  2. The Company assumes no responsibility whatsoever for any disputes that occur between the Subscriber and any third parties resulting from the Subscriber's use of this Service.

(Attachment) Article 16 (The Types, Content, Conditions, and Intellectual Property Rights Related to this Service)

  1. The types and content of the Service are as follows:
  1. The type and content of the Service
    (Basket Plus and Basket Pad 2 Cloud Services)
    The Service by which basketball scores and other information created by the Subscriber based on this Service are collected and analyzed, and the data inputted via this Service is transmitted to the servers designated by the Company to be collected, analyzed, stored, etc.
  2. Support Services
    If the Company provides support services, the content of those services shall be as follows:
    1. (1) Content and Type
      Advice and answers to questions related to the usage of this Service.
    2. (2) Service Center (Contact)
      Tel: 0120-945-432, E-mail: info@basket-plus.jp
    3. (3) Hours of Operation
      Service time: Monday - Friday, 10:00 am - 6:00 pm (Closed Saturdays, Sundays, Holidays and the period from December 29 - January 3rd)
  3. Security
    The Company takes the following measures for the Service Equipment
    1. (1) 256 bit SSL (Secure Socket Layer) encryption for communications
    2. (2) Issuance of server certificates from Starfield
    3. (3) A firewall for the Internet connectivity environment
    4. (4) Implementation of a virus check for data sent and received through the Service Equipment
    5. ①Antivirus software: F-Secure
    6. ②Frequency of virus scan: Real time
    7. ③Frequency of virus definitions update: Automatically updated
    8. (5) Assurance of data center security
      The Service uses the Amazon Web Services (AWS) cloud for its data center. The following are the specifications of the AWS cloud:
    9. ①Certified as SAS 70 (the Statement on Auditing Standards No. 70) Type II
    10. ②Vulnerability assessment conducted by external experts
    11. ③Entry and exit management system for the facility
    12. ④Intruder detection system
  4. Data management
    If the Company provides a data backup related service, the service shall consist of the following:
    1. (1) Data to be backed up and the retention period
Data Retention period Notes
Data saved after being uploaded to the server designated by the Company The period of paid use  
 

 

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