SMART Conference / SMART Members
Terms of Use
(For Organizers and Businesses)
These terms of use (hereinafter referred to as the “Terms”) shall be governed by and construed in accordance with the laws of Japan. The Terms stipulate the conditions for the use of “SmartConference” and “SMART Members” (including optional and ancillary services; hereinafter referred to as “the Service”) provided by PCO Co., Ltd. (hereinafter referred to as “the Company”), between the entities, corporations, organizations, agencies, and businesses, etc. which use the Service (hereinafter referred to as “User” or collectively “Users”), and the Company.
Article 1: Agreement to the Terms and Establishment of the Contract
Users must use the Service in accordance with the Terms.
Users shall be deemed to have given valid and irrevocable consent to the Terms by actually using the Service.
When a User applies to use the Service and the Company either approves this in writing (including email) or starts providing or preparing to provide the Service for the User, a contract regarding the use of the Service based on the Terms shall be considered established.
Article 2: Changes to the Terms
The Company may change the content of the Terms if the Company deems it necessary.
In the event the Company changes the Terms, the Company shall notify Users of the changes or post them on the Company’s website by appropriate means. If Users use the Service after the notification or posting of the changes, or if Users do not take the procedure to terminate the usage contract within the period specified by the Company, Users shall be deemed to have agreed to the changes to the Terms.
Article 3: Notifications
When the Company needs to notify Users in relation to the Service, it will do so by sending an email or document to the email address or physical address registered with the Service by the User, or by other methods deemed appropriate by the Company. The email or document sent to such email address or physical address shall be considered effectively delivered to the User.
Even if an email sent to the registered email address of a User results in an error for any reason, it shall still be deemed as a valid notification, and the Company may stop sending emails to that email address. The Company shall not be responsible for any damages incurred by the User due to the failure to receive the email or the cessation of email delivery.
If the registered email address or physical address of the User changes, the User must promptly notify the Company of such changes. Any damages resulting from the User’s delay in providing such notification, including the effects stipulated in this Article, shall be borne entirely by the User.
Article 4: The Service
The Company grants Users a non-exclusive right to use the Service, conditional upon compliance with the Terms. No intellectual property rights or other rights related to the Service are transferred to Users, and only the right to use the Service is granted.
Users may not use the Service beyond the scope of the intended usage. Acts such as reproduction, translation, adaptation, transmission, reprinting, modification, sale, distribution, sublicensing, public transmission (including making available for transmission), lending, transfer, and leasing are prohibited.
If the Company recognizes that a User has violated or is likely to violate laws or the Terms, or if there is a business necessity, the Company may restrict the use of the Service without prior notice to the User. The Company shall not be held responsible for any consequences of such restrictions on the User.
Article 5: Registration Information
Users must provide true, accurate, and complete information when registering for the Service. If there are any changes to the registered information, Users must promptly update their information through the prescribed procedures on the Service. The Company is not responsible for any damages resulting from the failure to meet these requirements or failure to update the registration information.
Article 6: ID, Password, and Email Address
Users are responsible for managing their email addresses, IDs, and passwords issued by the Company (hereafter collectively referred to as “IDs, etc.”). They must not manage these IDs and passwords in a manner that allows third parties to know them. The Company assumes no responsibility for any damages incurred by the User due to neglecting this duty.
Users are entirely responsible for the use and management of their IDs, etc., and the Company is not responsible for any damages caused by insufficient management, misuse, or use by third parties.
Users must not allow anyone other than a third party authorized by the Company to use their IDs, etc., nor lend, transfer, sell, or pledge them. If this article is violated and the Company incurs damages or costs, the User must compensate the Company for these damages and costs.
The Company may suspend the use of IDs and passwords if it determines there is a risk of misuse, such as repeated failed login attempts. In such cases, Users must follow the procedures specified by the Company to lift the suspension. The Company is not responsible for any damages resulting from these measures.
The Company is not responsible for any damages incurred by the User due to treating the person entering the IDs or passwords as the User.
Article 7: Cancellation of Registration
The Company may, at its discretion, delete posted data or temporarily suspend the use of the Service for a registered User or cancel the User’s registration without prior notice if the User:
- Violates any provision of these terms.
- Does not respond to inquiries or other communications from the Company for over 30 days.
- Is deemed unsuitable for continued use of the Service by the Company.
- Has their Service use agreement terminated or canceled for any reason.
Article 8: Use of Information
Users grant the Company and its cooperating third parties a free license to copy and backup any content information uploaded to the Service and any information created on the Service for hosting, storage, and backup purposes. The Company may publicize the User’s use of the Service as part of its advertising activities at its discretion, and the User cannot object or claim compensation for such publicization or its termination.
Article 9: Privacy and Confidential Information
The Company handles personal information related to the Service appropriately in accordance with applicable laws. Users must treat all information related to the Service (including information about the Service’s design and system) as confidential and not disclose or use it for any purpose other than the Service without written or electronic consent from the Company. Similarly, the Company will treat any information explicitly marked as confidential by the User as such and will not disclose it to third parties or use it for any purpose other than the Service without written or electronic consent from the User.
The confidentiality provisions do not apply to information that is already public knowledge, becomes public knowledge without fault of the recipient, was known by the recipient before disclosure, is lawfully obtained from a third party without a confidentiality obligation, or is independently developed. If there is a separate confidentiality agreement between the Company and the User, this article and the terms of use will take precedence unless explicitly excluded in writing.
Article 10: Compliance with Foreign Privacy Laws
If the User’s use of the Service requires the Company to comply with personal information protection regulations in countries or regions outside Japan, the User must notify the Company of the necessary actions before or when required. The Company is not liable for any failure to comply with such regulations if the User fails to notify, and the User must compensate the Company for any damages or costs incurred by the Company.
Article 11: Service Cancellation
If a User is using this Service, regardless of the reason, no reduction or exemption of fees will be made in any of the following cases, and the User will be required to pay the fees that would be expected if the User had actually completed using this Service.
- When the use of the user’s ID, etc. is suspended based on these terms and conditions
- When the user’s eligibility is suspended after the contract is concluded
- When the use of this service is suspended or other measures that the Company deems appropriate (hereinafter referred to as “suspension of use, etc.”) are taken
- When the Company terminates the contract with the user based on the Civil Code, other laws and regulations, or these terms and conditions
- When the contract ends or the user cancels the service
- When the provision of this service to the user is suspended or interrupted based on these terms and conditions
Article 12: Termination by the Company
If a User falls under any of the following items, the Company may, without prior notice to the User, suspend all or part of the Service and affiliated services to the User, or terminate the contract with the User.
- When any provision of these Terms, including Article 16, is violated, regardless of the degree of the violation.
- When a bill or check is dishonored.
- When a petition for seizure, provisional seizure, provisional disposition, or other compulsory execution, or disposition for default on collection, or disposition for default on collection, is filed.
- When a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation proceedings (including similar legal bankruptcy proceedings and private reorganization proceedings) is filed.
- In addition to the above three items, when a significant change occurs in the credit status of the user.
- When the company is dissolved or suspended from business.
- When the company receives a warning or recommendation from an administrative authority regarding business methods, etc., or receives administrative dispositions.
- When the user, a person related to the user, or a company related to the user views, modifies, or destroys data stored on the company’s computer without the company’s permission, or when the company determines that there is a risk of such access.
- When the company determines that the user’s usage of the service is contrary to public order and good morals or is inappropriate for the user.
- When the user, either by himself or through a third party, commits any of the following acts:
- A) Violent demands
- B)Unreasonable demands that exceed legal responsibility
- C)hreatening behavior or violence in relation to transactions
- D)Spreading rumors, using fraudulent means, or using force to damage the other party’s credibility or interfere with the other party’s business
- E)Any other actions equivalent to any of the above
Notwithstanding the items in the preceding paragraph, if the Company determines that it is difficult to continue using the service, the Company may terminate the contract between the Company and the user based on these Terms.
If the Company terminates the contract between the Company and the user based on the provisions of the preceding two paragraphs, the Company shall not be liable for the termination, and the user shall pay the fees that would have been incurred if the user had actually completed using the service, regardless of the reason.
Article 13: Service Modification, Addition, or Discontinuation
In addition to the provisions of the preceding article, the company may change, add to, or temporarily suspend the content of the Services and affiliated Services without prior notice to the User, regardless of the reason. The company may discontinue or terminate all or part of the Services and affiliated Services by notifying the User. However, in cases of urgent necessity to discontinue or terminate all or part of the s, the company may do so without prior notice.
Article 14: Handling Upon Contract Termination
When the Service usage contract ends, regardless of the reason, Users lose all rights to their account and the Company is not responsible for any damages incurred by the User due to account deletion or data removal.
Article 15: Intellectual Property Rights
The intellectual property rights related to the Service belong to the Company or legitimate third-party right holders and are not transferred to Users through the usage contract. Any new intellectual property rights arising from the Service will belong solely to the Company.
Article 16: Prohibition of Rights and Obligations Transfer
Users may not transfer, inherit, pledge, or otherwise dispose of any rights or obligations under these terms to third parties without the Company’s prior written consent.
Article 17: Outsourcing
The Company may outsource all or part of the Service-related operations to third parties.
Article 18: Prohibited Actions
Users must not engage in the following actions:
- Infringement of others’ copyrights.
- Infringement of others’ privacy.
- Infringement of others’ reputation or credit.
- Criminal or crime-related actions.
- Providing false information (including impersonation).
- Interfering with the operation or damaging its credibility.
- Implying endorsement or sponsorship by the Company without consent.
- Harassment (including unsolicited mass emails).
- Distributing harmful programs to the Service’s servers.
- Lending or misusing IDs and passwords.
- Submitting false declarations to the Company.
- Creating multiple accounts without consent.
- Using the Service for purposes other than self-use or for competing businesses.
- Accessing Service information for developing or aiding competing products or Services.
- Reproducing, modifying, decompiling, or reverse-engineering the Service.
- Saving Service-related information or using it for purposes other than the Service without consent.
If Users engage in these prohibited actions, the Company may take measures such as Service suspension. The Company is not obligated to disclose the reasons for such measures and is not responsible for any resulting damages.
Article 19: Disclaimer
Users shall use this service at their own risk and shall be fully responsible for all actions taken on this service and the results thereof. If the Company incurs damages as a result of a user’s use of this service, the user shall compensate for such damages.
The Company reserves the right to change the specifications of this service without prior notice to the user.
The Company shall not be liable for any damages incurred by the user due to changes, suspension or termination of this service.
The Company shall not be liable for any damages incurred due to changes, suspension, interruption, or failure of this service.
Users agree in advance that the use of this service may be suspended for a certain period of time due to the following circumstances, and shall not claim compensation from the Company for damages caused by the suspension of this service.
- Suspension of the service for inspection, repair, maintenance, etc. of the server, software, etc. of this service
- Suspension due to accidents on computers, communication lines, etc.
- Suspension due to natural disasters, fires, explosions, floods, spread of infectious diseases, work stoppages, slowdowns and other labor disputes, government actions, acts of war, acts of terrorism, default or illegal acts of third parties, power outages and other infrastructure failures, natural disasters and man-made disasters, etc.
- Suspension due to other unavoidable circumstances
All information provided by users through this service is transmitted at the user’s own risk, and the Company assumes no responsibility for its completeness, accuracy, reliability, validity, safety, etc. Furthermore, the Company assumes no responsibility for the information on sites linked from this service, or any problems arising from its content.
The Company does not guarantee the completeness, accuracy, reliability, validity, safety, etc. of the information obtained by users through this service. Furthermore, the Company assumes no responsibility for any damages suffered by users as a result of such information.
The Company shall not be liable for any damages incurred by users in relation to services provided by the Company or services affiliated with the Service, any troubles between users, any troubles between users and individuals who register for the Service, or any other matters, and shall not be liable for compensation or response.
If the Company should be liable to users or third parties for reasons such as the inapplicability of the disclaimer clauses set forth in these Terms of Use, and except in cases of willful misconduct or gross negligence on the part of the Company, the Company and the user agree in advance that in all cases, regardless of the number of cases, the amount of compensation for damages based on such liability shall be limited to the fees actually received by the Company when the user uses the part of the Service that is directly related to the occurrence of the damage.
Article 20: Compensation
If the Company is entitled to compensation from the User for contract-related issues, it can claim investigation costs, legal fees, and other expenses. If the User benefits from violating these terms, they must compensate the Company three times the amount of such benefits.
Article 21: Exclusion of Anti-Social Forces
The Company and the Users, in using or providing the Service, declare that they do not belong to or correspond to organized crime groups, organized crime group members, organized crime group-related companies, corporate extortionists (sokaiya), social movement racketeers, political movement racketeers, special intelligence violence groups, or other anti-social forces (hereinafter referred to as “Organized Crime Groups, etc.”) and that they are not involved with such forces. They also commit to not belonging to, corresponding to, or becoming involved with such forces in the future.
If the company determines that the User belongs to, corresponds to, or is involved with Organized Crime Groups, etc., it may take measures to suspend the use of the Service or terminate the contract without prior notice. Similarly, if the User determines that the company belongs to, corresponds to, or is involved with Organized Crime Groups, etc., the User may terminate the Service contract without prior notice.
In the case of termination under the preceding paragraph, the party that terminates the contract shall not be obligated to compensate the other party for any damages resulting from the suspension of use or termination.
Article 22: Governing Law and Jurisdiction
The Terms shall be interpreted in accordance with Japanese law, and in the event that litigation becomes necessary in relation to this agreement, the Toyama District Court shall be the exclusive court of first instance.
Revised in June 2024