TCD Member Service Terms of Use

These TCD Member Service Terms of Use (hereinafter referred to as the "Terms") define the terms and conditions of the TCD Member Service (hereinafter referred to as the "Service") provided by Design Plus Inc. By using this service, you agree to be bound by these Terms and Conditions after reviewing them in their entirety.

Article 1 (Definitions)

The following terms in this Agreement are defined as follows
1. users
  An individual or legal entity that has agreed to these Terms and Conditions and has registered as a user of the Service in accordance with Article 3.
2. TCD Member Account
  User information that uniquely identifies the right to use the Service and the holder of such right. Hereinafter, simply "account" refers to a TCD member account.
3. TCD Member Services
  The generic term for the services that we provide to you through your account.

Thank you for using TCD Member Services. This section provides a summary and explanation of the Terms of Service.

Article 2 (Purpose)

The purpose of this service is to download and sell data or software, etc. (hereinafter referred to as "Products") on the "TCD Theme Sales Site" (hereinafter referred to as "Site") operated by the Company and to provide information and product updates, etc. necessary for using the Products.
These Terms and Conditions govern the terms and conditions of use of the Service and the information provided by the Service. Users shall abide by these Terms and Conditions as well as any license agreements or terms of use for purchased products (hereinafter referred to as "Terms and Conditions, etc.").
Use or continued use of the Service by the User constitutes acceptance of these Terms of Use, etc.
Individual provisions regarding the Services and Products that we post on the Site or notify users of shall constitute a part of these Terms and Conditions.
In the event of any discrepancy between these Terms and Conditions and individual provisions, the latter shall prevail.

To purchase our product "WordPress Theme TCD Series", you need to use this service. In this service, you can update your theme, apply for a special license, check the expiration date, and issue an invoice, in addition to the purchase procedure.

Article 3 (Registration)

Those who wish to use the Service must agree to the Terms and Conditions, etc., and register true and accurate information in the registration process. If a corporation is the user, the name of the corporation must be registered. In this case, the individual who has registered cannot be the user.
The user will open a dedicated account page ("My Page") on the premise of the information registered in accordance with the preceding paragraph, and the Company will provide the Service through this page.
In the event of any error or change in the registered information, the user shall promptly correct or change the registered information.
The Company may refuse an application to create an account or purchase Products from a customer whom the Company deems inappropriate based on past usage history and other factors. In addition, the Company may take measures such as suspending the use of a user who is found not to have fulfilled the prescribed conditions or whose past usage history is found to be inappropriate by the Company after the account is created.
The Company shall not be liable for any disadvantages or damages incurred by the user due to falsehoods, errors or omissions in such registration information.
Users shall be responsible for the appropriate management and storage of their account information, including email address and password for logging into My Page (hereinafter referred to as "login information"), and shall not transfer, sell, lend, or otherwise disclose this information to any third party.
The user shall be responsible for any disadvantage or damage caused by inadequate management of login information, errors in use, or use by third parties.
Users may only use their own accounts and My Page, and may not transfer, sell, or lend their accounts or My Page to any third party. You may not share your account or My Page with any third party or use it on behalf of any third party.
If, contrary to the provisions of the preceding paragraph, more than one person is permitted to use the same account, we may charge the principal user of such account an additional usage amount equal to the unit price of the Product registered on such account multiplied by the number of excess users.
When we confirm an account match by the prescribed method, we deem that the account has been used by the user registered to that account. If a user becomes aware that his/her account is being used by someone other than himself/herself due to theft or unauthorized use, the user shall promptly notify the Company. The Company shall not be liable for any damage or disadvantage incurred by the user as a result of a third party's use of the account.

To use this service, you must register your user information. Please register correct information. My Page" opened by registration is a page for your exclusive use. You are not allowed to share or share My Page or the information to log in to My Page with others.

Only the person who is registered as a user can use My Page. For example, My Page created under a corporate name or products purchased under a corporate name cannot be used by an individual. Please register under a different name (individual name).

In the event of inappropriate use, we reserve the right to refuse any future product purchases, etc.

Article 4 (Purchase of Products, Payment, etc.)

An account with the Service is required to purchase this product. Other details of the purchase method shall be in accordance with the Company's separate stipulations on the Site in addition to this Article.
The purchase contract for the Product between the User and the Company shall become effective when the User clicks on the "Purchase" button on the confirmation screen of the purchase details on the Site and completes the purchase procedure.
Notwithstanding the provisions of the preceding paragraph, the Company may revoke the declaration of intent to accept as set forth in the preceding paragraph in the following cases
1. When it is found that the information entered by the user is not true (regardless of false statements, errors, omissions, etc.)
2. When the Company deems it necessary to cancel the membership, taking into consideration the user's past usage history, etc.
Due to the nature of this product, no returns or refunds will be accepted after the product has been downloaded. However, if the product has never been downloaded to the account after the purchase procedure and payment have been completed, we reserve the right to cancel the procedure. In this case, please contact us as soon as possible.
Due to the nature of this product, the same product may not be purchased multiple times. However, this excludes products for which the purchase procedure has been cancelled in accordance with the preceding paragraph.
In the event of a dispute between a user and a credit card company, the user shall be responsible for resolving the dispute on his/her own, and we shall assume no responsibility whatsoever.
If a user receives a refund after downloading a product by applying to a financial institution, etc., the Company will remove the product from the user's My Page. Thereafter, the user will not be able to use, re-download, update, or repurchase the product in question, or receive support for the product in question. In addition, in the event of repeated refunds or when deemed necessary by the Company, the Company may suspend or delete the account without prior notice.

Due to the nature of this product, no returns or refunds will be accepted after downloading. Please check the demo site and product description page carefully before proceeding with your purchase.

Article 5 (Prohibited Matters)

In using the Service, Users shall not engage in any conduct that falls under or may fall under any of the following items.
1. Violation of these Terms of Use
2. Unreasonable creation of multiple accounts by the same user
3. Impersonating another user or any other real or fictitious third party to create an account.
4. Creating an account for the purpose of providing or allowing a third party to use the Services or Products
5. Registering or providing false information
6. Using another user's account or allowing a third party to use your account, with or without the consent of the other user.
7. Disclosing your or other users' login information to a third party or making it available to a third party.
8. Actions that violate laws and regulations, court judgments, decisions or orders, or legally binding administrative measures, or actions that aid, abet, encourage, or instigate such actions.
9. Provision of benefits to antisocial forces, etc. and similar activities
10. Acts against public order and morals
11. Any activity 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 the Company, other users, or third parties.
12. Actions that place an excessive load on the Service's network or system, etc.
13. Actions to induce or take advantage of bugs or malfunctions in the network or system of this service, or reverse engineering or other actions for the purpose of analysis, etc.
14. Unauthorized manipulation of this service
15. Unauthorized access to the Company's or a third party's system, or unauthorized rewriting or deletion of information stored in the Company's or a third party's equipment
16. Collecting information of other users
17. Acts that obstruct or may obstruct the operation of this service
18. Violation of requests, orders, or mandatory measures taken by the Company
19. Other activities that the Company deems inappropriate

The Service prohibits the following actions.

Article 6 (Suspension of Use, etc.)

If we determine that a user falls under any of the following or is likely to fall under any of the following, we may, at our discretion and without notice, take measures such as temporarily suspending or terminating the account of the user (hereinafter referred to as "suspension of use").
1. In the event of violation of these Terms of Use, etc.
2. In the event of default or delay in performance of an obligation to the Company
3. The User is a minor, an adult ward, a person subject to conservatorship or assistance, and has not obtained the consent of a legal representative, guardian, conservator or assistant.
4. If the User is, or is presumed to be, an antisocial force, etc., or is involved in any interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through funding or other means.
5. If you do not respond to our inquiries or other communications requesting a response, or if you fail to respond in good faith for 30 days or more
6. Any other conduct that the Company deems inappropriate.
If a user is subject to suspension of use or other actions pursuant to these Terms of Use, the use of this product or various licenses may be restricted or suspended. The Company shall not be liable for any disadvantage or existence of any disadvantage incurred by the User as a result of suspension of use or other measures.
In the event that a user is subjected to a suspension of use or other action based on these Terms of Use, said user shall naturally lose the benefit of time with respect to all debts owed to the Company, and shall immediately fulfill all obligations to the Company.

We may temporarily suspend your account if you violate any of the prohibitions in the preceding article.

Article 7 (Withdrawal from Membership)

Users may withdraw from the Service and delete their accounts upon completion of the procedures prescribed by the Company.
Upon withdrawal from the membership, if there are any debts owed to the Company, the user will naturally lose the benefit of time with respect to all debts owed to the Company and must immediately fulfill all debts owed to the Company.
Once the withdrawal process has been completed, you will not be able to cancel the withdrawal or reinstate the same account.
The handling of information regarding users after withdrawal from membership shall be in accordance with the provisions of Article 9.

If you wish to cancel your membership, please contact us. Please note that you will still be able to use the products you have downloaded, but you will no longer be able to receive updates or support for those products.

Article 8 (Change or Termination of the Service)

We reserve the right to change, add, or discontinue all or part of the Service at our convenience without prior notice to users.
The Company may temporarily suspend all or part of the Service without prior notice to the customer in the event of any of the following events.
1. In the event of overload or failure of the server of this service due to excessive access or other factors
2. When performing routine or emergency maintenance or repairs related to the operation of this service
3. When the services of a telecommunications carrier are not provided
4. In the event that the provision of this service becomes difficult due to an accident or force majeure such as fire, power failure, etc., or natural disaster
5. When the operation of this service becomes impossible due to laws and regulations, etc.
6. Any other cases deemed necessary by the Company in accordance with the preceding items.
The Company may, at its discretion, terminate the provision of the Service by notifying users in advance by posting a notice on the Company's website or by any other method the Company deems appropriate.

Article 9 (Handling of Information on Users)

The Company's handling of information regarding users shall be governed by the Company's Privacy Policy, and users shall consent to the Company's handling of information regarding them in accordance with this Privacy Policy.
We may, at our discretion, use and disclose information, data, etc. provided by users to us or obtained by us through My Page as statistical information in a form that does not identify individuals, and users shall not object to this.

Article 10 (Disclaimer, etc.)

the service is provided "as is" and without warranty of any kind, and the company makes no warranty, either express or implied, that the service will be error free, free of bugs, defects, or security flaws, that it will not infringe upon the rights of third parties, that it will be fit for a particular purpose, that it will have the characteristics and commercial value expected by the user, or that it will conform to the laws or internal regulations applicable to the user. (2) The Company makes no warranty, express or implied, that the Service will be free from errors, bugs, defects, or security flaws; that it will not infringe the rights of third parties; that it will be fit for a particular purpose; that it will have the characteristics and commercial value expected by the user; or that it will comply with laws, regulations or internal rules applicable to the user.
The Company shall not be liable for any disadvantage or damage incurred by users in using the Service.
The Company shall not be liable for any damages caused by system interruption, delay, discontinuation, loss of data, unauthorized access to data, or any other damages incurred by users in connection with this service due to communication line, computer or other failures.
The Company shall not be liable for any damages incurred by users as a result of changes, additions, or discontinuation of the Service.
We may provide information and advice to users from time to time, but we are not responsible for doing so.
In the event that a dispute arises between a user and a third party regarding the Service, the user shall notify the Company of the dispute and resolve it at the user's own responsibility and expense, and the Company shall have no obligation to be involved in such dispute and shall assume no responsibility whatsoever.

Article 11 (Limitation on Amount of Damages)

Notwithstanding the preceding article and any other provisions of these Terms and Conditions, Minebea shall be liable for damages when there is a cause attributable to Minebea. However, except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any incidental, indirect, special, future, or lost profit damages, even if the Company was aware of the possibility of such disadvantage or damage.
In the event that the Company is held liable for damages under the preceding paragraph, the upper limit of the liability shall be the amount of compensation paid by the user to the Company in the past 6 months or 10,000 yen, whichever is lower, for damages suffered by the user in relation to the Service. However, this shall not apply in the case of willful misconduct or gross negligence on the part of the Company.

Article 12 (Modification of these Terms and Conditions)

The Company may change these Terms of Use as deemed necessary by the Company. In the event of modification of the Terms of Use, the Company will notify users of the revised Terms of Use and the effective date of the revised Terms of Use by posting the revised Terms of Use on the Company's website or by any 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 the manner prescribed by the Company.
Users will be deemed to have agreed to the revised Terms of Use at the time they use the Service after the revision of the Terms of Use, or if they do not raise an objection within one month of notification of the revision.

Article 13 (Communication and Notification)

Inquiries regarding the Service and other communications or notifications from users to the Company, as well as notifications regarding changes to these Terms of Use and other communications or notifications from the Company to users, shall be made in a manner determined by the Company.
When we contact or notify the email address or other contact information included in the registration information, the user is deemed to have received such contact or notification.

Article 14 (Confidentiality)

Users shall treat information that we disclose through the Service exclusively to users as confidential.
Users shall treat as confidential any non-public information disclosed by the Company to users in connection with the Service that the Company requires to be treated as confidential, except with the prior written consent of the Company.

Article 15 (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.

Article 16 (Jurisdiction)

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
Any dispute between the Company 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.

*These Terms of Use have been prepared in Japanese as the original language, and translations of these Terms of Use into languages other than Japanese are provided solely for the convenience of the site language. In the event of any discrepancy between the translated version and the original Japanese version, the Japanese original shall prevail.