Terms of Use

These Terms of Use set forth the terms and conditions of use for all products provided by Design Plus Inc. to users who have purchased them. You agree to follow the ground rules outlined in these terms so please read and understand them.

1 Users

1.1 For the purposes of these Terms of Use, the following persons are defined as users.
a) Individuals who purchased our product
b) Organizations or corporations whose representatives have purchased our products
1.2 You cannot purchase our products by proxy. Even if you purchase our products on behalf of someone else, the person who purchased the product is considered the user.
1.3 When purchasing by proxy for unavoidable reasons, the following information must be provided to us prior to purchase.
a) Name and address of proxy
b) Name and address of the actual user
c) Reason for proxy

2 License to use

2.1 We permits users to use our products within the scope specified below.
a) Use for sites created for the purpose of the your own management, operation, and use
2.2 You are free to modify our products at your own risk.

3 Updates and Support

3.1 We will make updates to our products as necessary, and you may continue to use them.
3.2 You may receive support from us on how to use our products you have purchased, within the scope that we specify.
3.3 When the sale of the product is terminated, we shall cease to develop and provide updates and support for the product at a time to be announced in advance.

4 Restricted Matters

4.1 Users shall not engage in any of the following acts with respect to the use or modification of our products.
a) Violation of these Terms of Use
b) Actions that violate or may violate the rights of us or third parties
c) Actions that violate or may violate domestic and international laws and regulations
d) Use of our products for websites that publish antisocial, violent, or bizarre information
e) Use of our products on websites that transmit information that aids, abets, promotes, or instigates criminal or other illegal activities
f) Unauthorized access, cracking, attacks, virus transmissions, and other actions that interfere or may interfere with computers operated by us or third parties
g) Distribute, resell, or transfer the rights to our products or modified theme to third parties
h) Distribute, sell, or transfer to third parties the media containing the download URL or password for our products
i) Disclose or allow specific or unspecified third parties to receive the download URL or password for our products
j) Any action that misleads or may mislead third parties into believing that our product is your original product
k) Use our products to create third party’s websites and related actions
l) Introduce our products in commercial activities such as seminars, cram schools, and lectures to gain profits
m) Use or modify our products for use in a CMS other than WordPress to provide to third parties
4.2 When you performs k and l in the previous paragraph, you shall agree to the Extended License and comply with its conditions.
4.3 You may not engage in any of the acts described in 4.1, even after the sale of the products has ended.

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

The use and modification of our products is the responsibility of the user, and we make no warranties whatsoever.

7 Disclaimer

7.1 We shall not be liable to you for any consequences arising from the use or modification of our products, regardless of the reason or nature thereof.
7.2 In no event shall we be liable for any damages incurred by users or third parties in relation to the use or modification of our products.
7.3 Users shall resolve any disputes or potential disputes with third parties arising in relation to the use or modification of our products, regardless of the reason or nature thereof, at their own responsibility and expense, and we shall bear no responsibility for such disputes.

8 Violation

8.1 When we determines that your use or modification of our products violates these Terms of Use, we may issue a warning to you and request that you cease using the products, and you shall promptly comply with such request.
8.2 If you does not follow the warning or request of us, we shall be entitled to charge you a penalty fee as specified separately.
8.3 If we determine that your use or modification of our products violates these Terms of Use, we may suspend support services for you.
8.4 If a user has been repeatedly warned by us, we may thereafter suspend the sale of our products to such user.
8.5 The provisions of Paragraphs 1 through 4 of this Article shall not preclude any claim for compensation for damages incurred by us as a result of such violation.

9 Special rules for production agents

9.1 If you wish to use our products to create a website for a third party for a fee (hereinafter referred to as a “production agent”), you must immediately sign up for the Extended License as specified separately.
9.2 In the event that a user is or is presumed to be acting as a production agent without having signed up for the Extended License, we may issue a warning to the user and request that the user cease using the products, and the user shall promptly comply with such request.
9.3 In the event that a user is or is presumed to be acting as a production agent without having signed up for the Extended License, we may suspend support services the user.
9.4 In the event that a user is working on a production agency without having signed up for the Extended License and does not follow warnings from us, the user shall be obligated to pay a penalty fee as specified separately.
9.5 If you receive a warning from us that you are acting as a production agent without the Extended License and this is not the fact, you must immediately report this fact to us and prove that the site you are creating using our products is your own site.
9.6 If we can confirm that a user is using a certain product as a production agent, we presume that the user is also using other products that the user has purchased as a production agent. However, this does not apply if the site is clearly the user’s own site.
9.7 If the presumption in the preceding paragraph is different from the fact, the user may present reasonable evidence to us and file an objection.
9.8 In the event that a user who is clearly engaged in production services as a business purchases one or more products, we may request that the user provide the URL of the website that uses the products. If the user does not provide the URL, we may suspend support services the user.

10 Modification to these Terms and Conditions

10.1 We may change the Terms of Use without prior notice to users. In this case, the user’s continued use of our products after the changes are made shall be deemed to be the user’s agreement to follow the changed terms.
10.2 The revised terms and conditions shall be posted on our official website.

Addendum

1 Penalty for contract breach
1.1 The penalty for production agents without the Exteded License agreement shall be three times the Exteded License fee.
1.2 The penalty for violations of the terms other than the preceding paragraph shall be 60,000 yen.
2 When the violation of the Terms of Use occurs
2.1 In the case of a violation of the Terms of Use for production agents, the violation shall occur on the date the user purchased the product used in the violation.
2.2 For violations of the Terms of Use other than the preceding paragraph, the violation shall occur on the date we becomes aware of the violation.
3 Relationship between Claims for Damages and Special License Fees
3.1 Claims for penalties shall not preclude claims for compensation for damages incurred by us.
3.2 Claims for penalties related to production agents without the Extended License shall not preclude us from claiming license fees in the event that the user contracts for the Exteded License.