Terms of Use [For Free Theme]

This Terms of Use [For Free Theme] (hereinafter called “this Agreement”) defines the terms and conditions of use of the Free Theme in “TCD series” (hereinafter called “this Theme”) provided by Design Plus Inc., and the rights and obligations between us and the customer. The person who gets and uses this Theme must read and agree to these Terms and Conditions in their entirety before downloading this Theme.

1. Definitions

The following terms in this Agreement are defined as follows.

  • 1.1 User

    The individual or legal entity associated with the ID of the dedicated account page (“My Page”) provided by the TCD member service that downloaded this theme.

2. License and Terms of Use of this Theme

  • 2.1

    We grant permission for users to use this Theme within the scope specified below.

    • a) Use for sites created for the purpose of the your own management, operation, and use.

    • b) To undertake the creation of a website for a third party using this theme for a fee.

  • 2.2

    Users are free to modify this theme at their own risk.

  • 2.3

    After the sale of this Theme is terminated, Users may continue to use this Theme that they have already downloaded, and this Agreement shall continue to be in force and effect.

3. Updates and Support

  • 3.1

    We will make necessary updates to this Theme from time to time, and Users may continue to use updated Theme.

  • 3.2

    Users may receive support from us regarding the usage of this Theme, etc., within the scope determined by us.

  • 3.3

    Users may not transfer, sell, rent or license the rights set forth in the preceding two paragraphs to any third party.

  • 3.4

    When the sale of this Theme is terminated, we shall cease development and provision of Updates and support for this Theme within a time limit to be notified in advance by us.

4. Prohibited Matters

  • 4.1

    Users shall not take any of the following actions in using or modifying this Theme.

    • a) Violation of the provisions of these Terms and Conditions.

    • b) Any act that infringes or may infringe the rights (including, but not limited to, intellectual property rights (including copyrights, neighboring rights, and trademarks), privacy rights, portrait rights, and honorary rights) of us or any third party.

    • c) Actions that violate or may violate domestic or foreign laws and regulations.

    • d) Use of this Theme for sites that disseminate antisocial, violent, or bizarre information.

    • e) Use of this Theme for sites that transmit information that aids, abets, encourages, or instigates criminal or other illegal activities.

    • f) Acts of unauthorized access, cracking, attacks, virus transmission, or any other acts that interfere or may interfere with computers operated by us or third parties.

    • g) Distribution, resale, lending, or transfer of rights to a third party of this Theme or any modified version of this Theme.

    • h) Disclosing or allowing a specific or unspecified third party to use the user’s My Page.

    • i) Disclosing or allowing a specific or unspecified third party to use the user’s My Page ID or password.

    • j) Any act that misleads or may mislead a third party into believing that this Theme or a modified version of this Theme is the original product of the user.

  • 4.2

    The acts described in each clause of paragraph 1 may not be performed even after the sale of this Theme has been terminated.

5. Attribution of rights

  • 5.1

    The PHP portion of our products is governed by the GNU General Public License, which takes precedence over this Terms of Use.

  • 5.2

    All intellectual property rights, including copyrights, for images, HTML, CSS, Javascript, etc., contained in our products, regardless of whether or not they have been processed, belong to us or to third parties that grant licenses to us.

  • 5.3

    Your agreement to this Terms of Use does not transfer any intellectual property rights to you.

6. No Warranty

  • 6.1

    The use or modification of this Theme is the sole responsibility of the user, and we makes no warranty of any kind.

  • 6.2

    We make no warranty, express or implied, that this Theme is free from errors, bugs, defects, or security flaws, that plug-ins added by the user at his/her discretion will work, that this Theme as modified by the user will work, that this Theme is fit for the user’s particular purpose, that this Theme has the characteristics and commercial value expected by the user, or that this Theme conforms to the laws, regulations, or internal rules applicable to the user. We disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and conformity with applicable laws, regulations, or internal rules. If any defects are found, we will do our best to correct them, but we cannot promise that we will be able to correct all of them.

  • 6.3

    We make no warranty of any kind regarding the deliverables resulting from the use of this Theme.

7. Disclaimer

  • 7.1

    We shall not be liable to you for any consequences resulting from the use or modification of this Theme, regardless of the reason or nature of such consequences.

  • 7.2

    Under no circumstances shall we be liable for any damages incurred by users or third parties in connection with the use or modification of this Theme.

  • 7.3

    Users shall, regardless of the reason or nature of any dispute or potential dispute (hereinafter called “Dispute”) with a third party arising out of or in connection with the use or modification of this Theme, settle such Dispute at their own responsibility and expense, and we shall not be liable for any such Dispute.

8. Violation

  • 8.1

    If we determine that a user’s use of this Theme (including modified versions of this Theme) is in violation of this Agreement (hereinafter called “Violation”), we may issue a warning to the user and demand that the violation be remedied or the use of this Theme be suspended, or both. The user shall promptly comply with such request.

  • 8.2

    In the event that a user does not comply with the warning or request in the preceding paragraph, we may charge the user a penalty fee determined separately.

  • 8.3

    In the event of Violation, we may immediately charge the user a penalty fee if we deem the violation to be particularly malicious.

  • 8.4

    In the event of Violation, we may suspend support services to the user in question.

  • 8.5

    In the event of Violation, if the user has received a warning from us in the past, or if the user has received multiple warnings from us and has not corrected the Violation, we may suspend sales and updates of all our products to the user afterwards.

  • 8.6

    The provisions of Paragraphs 1 through 5 of this Article shall not preclude a claim for compensation for damages incurred by us as a result of such violation.

9. Modification to these Terms and Conditions

  • 9.1

    We may change these Terms of Use as deemed necessary by us. In the event of modification of the Terms of Use, we will notify users of the effective date and content of the modified Terms of Use by posting on our website or by other appropriate means. However, in the case of changes that legally require the consent of the user, the user’s consent shall be obtained in a manner prescribed by us.

  • 9.2

    Users will be deemed to have agreed to the revised Terms of Use without objection at the time they use this Theme after the revision of the Terms of Use.

10. Communication and Notification

Inquiries and other communications or notifications from users to us concerning this Theme, as well as notifications and other communications or notifications from us to users concerning changes to these Terms of Use, shall be made in a manner determined by us.

11. Confidentiality

  • 11.1

    The Users shall treat as confidential the information that we disclose only to the users at the time of download of this Theme.

  • 11.2

    The Users shall treat as confidential any non-public information we disclose to the User at the time of download of this Theme, requesting that the information be treated as confidential, except with our prior written consent.

12. Severability

If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.

13. Jurisdiction

  • 13.1

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

    Any dispute between us and a user arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Osaka Summary Court or the Osaka District Court as the court of first instance, depending on the amount of the claim.