Terms of Use

Preface

Welcome to our Pro-face  & Otasuke Pro! websites!
You are required to read and consent to the Terms of Use described below in order to use our services provided in this site.

Terms of Use

Chapter 1 General Rules

Article 1 Application of these Terms

These Terms of Use (hereinafter referred to as the "Terms") shall apply to any and all use of services (hereinafter referred to as the "Services") provided on the web site or the support site called "Otasuke Pro!" (hereinafter referred to as the "Site"), which is managed by Digital Electronics Corporation (hereinafter referred to as "Digital").
[Outline of the Services]
  1. Providing information
  2. Free Download
  3. Mail Magazine delivery service
  4. Services that Digital may establish following requests from registered members
  5. Other services that Digital may determine

Article 2 Scope of these Terms

  1. Any rules and regulations that Digital may separately stipulate on this Site or via the Internet shall, regardless of their names, constitute a part of these Terms.
  2. In case of any contradiction between any provision of these Terms and contents of any rules and regulations stipulated pursuant to the previous Section 2.1, the contents of such rules and regulations shall prevail.
  3. Notices that Digital provides to the registered members under Article 4 shall constitute a part of these Terms.

Article 3 Modification of these Terms

  1. Digital may modify any provision of these Terms without the prior consent of the registered members. In such case, the Services shall be used in compliance with such modified Terms.
  2. The modified Terms shall take effect at the time they are displayed on this Site unless otherwise stipulated by Digital.

Article 4 Notices from Digital

  1. Digital may notify the registered members of necessary matters from time to time by display on the Site or any other means that Digital finds appropriate (including telephone, e-mail and mail).
  2. The notices in the previous Section 4.1 shall take effect at the time Digital displays the contents of such notices on the Site or dispatches them to the registered members.
  3. The notices in the previous Section 4.1 shall be deemed to be received by the registered members at the time Digital displays the contents of such notices on the Site or dispatches them to the registered members.
  4. In connection with the notices in the previous Section 4.1, Digital shall not be held liable for any damages that any registered members may suffer (such as unauthorized access by a third party) after Digital dispatches such notices.

Chapter 2 Membership

Article 5 Registered Members

Registered members (hereinafter referred to as the "Members") shall mean individuals who are authorized to use all or a part of the Services according to the procedures set forth by Digital.

Article 6 (Membership Registration)

An applicant for the use of the Services (hereinafter referred to as the "Applicant") shall first agree to these Terms, and implement the membership
registration procedures by the method separately set forth by Digital (including registration procedures available on the "Membership Registration" page of
this Site).
2. The Applicant shall precisely register all of the items listed below.
  1. "Company name", "type of business", "job description" and "name" of the Applicant;
  2. "Postal Code", "address", "telephone number" and "e-mail address" designated by the Applicant;
  3. "User ID", also called “Pro-face ID” and "password" designated by the Applicant;
  4. State of use of Digital products (choices); and
  5. The Digital products you use (choices); and
3. "User ID" and "password" in item 3) of the above Section 6.2 shall be designated by the Applicant in accordance with the rules separately designated
by Digital.

Article 7 Acceptance of Membership Registration

The membership registration shall be deemed accepted when Digital sends a notice of completion of the membership registration to the Applicant. However,
in any cases stated below, such acceptance may be canceled even after deemed accepted.
  1. If materially false statements are found in the registered matters provided by the Applicant.
  2. If the membership of such Applicant was canceled in the past due to breach of these Terms or any other reason.
  3. If Digital judges that such Applicant is not suitable for the membership.

Article 8 Procedures to File Changes

  1. In case of any change in address, telephone number, mail address and other information of a Member registered to Digital, such Member shall promptly file such change with Digital by the method set forth by Digital.
  2. If any Member suffers any loss due to such Member's failure to file such changes as set forth in the previous Section 8.1, Digital shall not be responsible for such loss.
  3. Method to File Changes
  • Click "Change Registered Info" indicated on each page.
  • Enter the user ID and the password on the displayed screen and log on. Follow the instructions on the
  • screen and make necessary changes. If such changes are not reflected in our system due to a system error, please make the alteration procedure once again.

Article 9 Filing of Withdrawal

  1. The Members may cancel their membership of this Site by providing Digital notice of withdrawal from this Site by the method set forth by Digital.
  2. How to withdraw from this Site:  Please send an e-mail to webmaster@proface.com to notify the intent to withdraw, writing the user ID and the registered e-mail address clearly.

Article 10 Termination of Membership

Digital may terminate the membership of any registered member without prior notice in any of the following cases.
  1. If material false statements are found in the contents of the membership registration.
  2. If such Member violates these Terms or applicable rules and regulations.
  3. If Digital judges that such Member is not suitable for the membership.

Article 11 Equipment, etc.

Members shall be responsible for procuring communication equipment and software required to use the Services and all other equipment to be required in
relation to such equipment and software at their own expense, and shall arrange an appropriate means to use the Services. Also, Members shall be
responsible for securing access to the Services via a telecommunication service chosen by them at their own expense.

Chapter 3 Obligations of Members

Article 12 Control Responsibility of User IDs and Passwords

  1. Members shall not allow any third parties to use any Services by disclosing, assigning, or leasing their user IDs and passwords designated at the time of membership registration.
  2. Members shall fully recognize that the Services make use of the Internet and will be provided on a website, including exchanges of Members' personal information (membership registration, alteration of membership registration, withdrawal from membership, request for repair, product purchase, request for estimation, requests such as creating sample programs, other requests, as well as confirmation of past uses of the Services), and maintain their user IDs and passwords in strict confidence.
  3. Members shall agree that they are solely responsible for use and the control of their user IDs and passwords and that Digital shall not be held liable for any errors or unauthorized use by any third parties in connection with the use of such IDs and passwords.
  4. If any Member forgets his/her user ID or password, does not need them any more, or if his/her user ID or password is threatened to be learnt by any third party, such Member shall immediately inform Digital of such situation.

Article 13 Intellectual Property Rights

  1. Digital shall retain any and all copyrights, trademark rights, patent rights, design rights, and any other intellectual property rights to all works (including information, software, various kinds of programs and data, images, materials, documents, voices and other works) which Digital provides through or relating to the Services (hereinafter referred to as the "Intellectual Property Rights"). Members shall not reproduce, disclose, re-publish, assign, lease, decompile, modify, falsify or reuse any such works or their contents (regardless if in part or in whole) without the permission of Digital, other than for personal use within the organization to which such Member belongs (or any other limited scope equivalent thereto) for non-profit purposes.
  2. Digital shall retain Intellectual Property Rights to all works (software, various kinds of programs and data, images, and materials, etc.) which Members may purchase or acquire through download or other methods through the Services. When any Member uses such works, such Member shall comply with the conditions of any license or the conditions of use set forth for each such work.
  3. Digital shall retain Intellectual Property Rights to all works (software, various kinds of programs and data, images, and materials, etc.) which Digital may develop and create based on requests or ideas from the Members through the Services. Members shall make requests or offer their ideas upon acknowledging the above-described effect.
  4. In the event that a Member provides Digital with any works such as software, various kinds of programs and data, images, and materials, etc., created by such Member (including works the rights to which are properly assigned and granted by the original creator) in order to realize his/her own requests or ideas in the Services, the Intellectual Property Rights to such works shall be assigned to Digital at the time Digital acquires such works. Members shall agree to the above-described effect and recognize that Digital will own the right to reproduce, disclose, re-publicize, assign, lease, decompile, modify, falsify or reuse such works before providing such works to Digital.
  5. In providing works such as software, various kinds of programs and data, images, and materials, etc. as described in the previous Section 13.4, a relevant Member shall guarantee that he/she is the original creator of such works (including a person to whom the rights to such works are properly assigned and granted by the original creator).
  6. Digital may receive the assignment of the Intellectual Property Rights from such Member relying on such guarantee. However, Digital may request that such Member submit documents verifying such guarantee. If such guarantee is not established, Digital shall not accept provision of works from such Member.
  7. Members shall acknowledge in advance that in connection with Sections 13.4 and 13.5, in the event that any Member caused any damage to Digital whether on purpose or by accident, Digital may request damages (including attorney's fee) from such Member.
  8. If any work contains the copyright notice of Digital, the Members shall use such work with such notice attached.
  9. Other than the provisions set forth in the preceding paragraphs, please refer to the separately stipulated "About Intellectual Property Rights" with respect to the use of the works provided by Digital.
  10. Please refer to the separately stipulated "Trademarks Acknowledgment" with respect to trademarks and registered trademarks of Digital.

Article 14 (Prohibitions)

In making use of the Services, the Members shall not:
  1. falsify or delete information provided through the Services;
  2. infringe any Intellectual Property Rights (copyrights, patent rights, design rights, trademark rights, etc.) of Digital or any other parties;
  3. discriminate, detract, or defame or impair the credit of Digital or any other parties;
  4. infringe any property or privacy right, or the right of portrait of Digital or any other parties;
  5. cause any loss to Digital or any other parties;
  6. disturb the management of Digital;
  7. use or provide harmful programs, including a computer virus;
  8. try to have unauthorized access to the server, other computer systems, or the network connected to the Services, or obstruct or destroy them;
  9. send an abhorrent e-mail to Digital or any other parties, disturb the receipt of e-mails by any other parties;
  10. harass Digital or other companies regardless of the method;
  11. collect and store or try to collect and store other Members' personal information;
  12. use these Services pretending to be another person;
  13. violate any laws and regulations or public orders and public decency, whether on purpose or by accident; and,
  14. facilitate any behavior stated in each of the aforementioned items.

Chapter 4 Management

Article 15 Alteration of the Contents of Services

Digital may alter any content or the names of the Services without prior notice to the Members.

Article 16 Temporary Suspension of Services

1. Digital may temporarily suspend any of the Services without prior notice to the Members in any of the following cases.

1) Such suspension is inevitable due to maintenance or constructions of any equipment for the Services;
2) Such suspension is inevitable due to troubles in the equipment for the Services;
3) Management of the Services is impossible because of act of God, accidents and any other state of emergency;
4) Digital judges that temporary suspension of the Services is necessary for any operational or technical reason.

2. In the event any delay, suspension or other events occur to the Services because of any of the items in the above Section 16.1 or for any other
reason, Digital shall not be liable for any damages or loss suffered by any Members or other parties due to such delay, suspension or event.

Article 17 Termination of the Services

1. Digital may terminate all or a part of the Services after providing prior notice to the Members.
2. In terminating the Services, Digital shall be released from any claims for damages that any Member or other party may raise against Digital by
complying with the procedures stipulated in the above Section 17.1.

Chapter 5 Download

Article 18 Download

1. One kinds of "Download" are available in these Services as shown below.
1) Free Download; and
2. In connection with the use of download services, please read the provisions set forth in the contents of the respective downloads described above,
conditions of license, conditions of use and notices described in each download area.

Chapter 6 Privacy of Communication and Protection of Personal Information

Article 19 Privacy of Communication

1. In compliance with Article 4 of the Electric Communication Business Law of Japan (Denki Tsushin Jigyo Ho), Digital shall protect the privacy of
communications of the Members.
2. In case a compulsory disposition is executed based on a court order or statute which Digital is required to observe, Digital shall not have any
obligation to protect the privacy of the communication stated in the above Section 19.1 to the extent set forth by such order or disposition.

Article 20 Protection of Personal Information

1. Digital shall appropriately handle personal information such as names, addresses, telephone numbers, and e-mail addresses provided by the
Members for the use of the Services and also keep a summary of past uses by the Members including past purchases of products and requests for repair
(hereinafter referred to as the "Personal Information"), in accordance with the "Personal Information Protection Policy" separately posted on this Site.
2. Digital shall use the Personal Information for the purposes stated below.
1) To provide the Services to the Members;
2) To deliver products any Member purchases or return products for which any Member requests repair to the place appointed by such Member;
3) To respond to requests relating to Digital products and the Services from the Members;
4) To contact any Member relating to Digital products and the Services;
5) To notify a Member of any matter necessary for the use of the Services via e-mail, fax or mail;
6) To develop or offer products and services meeting the needs of the Members;
7) To inform the Members of such Digital products, Services and other matters that are considered to be beneficial to the Members and also to send
questionnaires via e-mail, fax or mail or other method in order to investigate customers' needs in implementing the purposes stated in the above paragraphs.
However, the Members may cause Digital to cease or restart use of the personal information of Members for the above-described purposes upon notice to
Digital.
8) To allow the Members to check the summary of their past use including purchase of products and requests for repair.
9) Other uses within the scope permitted with the Members' consent.


3. Digital shall not disclose nor provide any Personal Information to any third parties except for the cases stated below.
1) Where Digital has consent from the relevant Member;
2) Where the Personal Information is used as statistical information, such as the aggregate data totaling and analyzing the attributes of the Personal Information, and processed in a manner such that the relevant Member cannot be distinguished and specified, for the purpose of development, provision etc. of more profitable products/services.
3) Where Digital consigns any service to or uses systems of third parties (including Digital's subsidiaries, affiliate companies and companies having a business alliance) for an unavoidable reason, within the scope required to implement the purposes stated in the previous Section 20.2, in producing and developing the system for services that Digital provides for the Members.
4) Where Digital consigns to third parties (including mailing or delivery companies) the service to send notices and information described in the items
5) or 7) of the previous Section 20.2, or to deliver products purchased by the Members and products for which the Members request repair.
5) Where Digital exchanges the Personal Information with financial institutions in order to confirm the validity of the bank accounts or the credit cards when the settlement is required for the payment of the Digital products purchased by the Members or the collection of the fee for other fee-based services used by the Members.
6) Where Digital is requested to disclose the Personal Information under the laws and regulations that Digital is required to observe.
7) To improve support, your registration information may be sent to our international sales offices. Please note that the sales office might contact
you.

4. Digital shall request cooperation necessary to protect the Personal Information to the consigned companies stated in items 3) and 4) of the preceding Section 20.3. Also, Digital shall provide the Personal Information to such consigned companies within the scope required for implementing the purposes stated in Section 20.2.

5. Digital shall take following measures to appropriately control the Personal Information:
1) Digital shall keep the Personal Information of the Members in a safe environment which prohibits any unauthorized access, and shall take
appropriate technical measures to prevent various risks including unauthorized access to the Personal Information and loss, misuse, unauthorized use,
publication, alteration, leak, and destruction of the Personal Information.
2) On this Site, when a Member sends his/her Personal Information for the purpose of membership registration and alteration of membership,
purchases products, makes requests for repair, and requests reissue of the password, Digital uses a software called SSL to protect the security of the
information during transmission, which encrypts the information input by the Members.

6. Digital may use cookies for the purpose of implementing all necessary process required for the use of the Services. While cookies may distinguish the terminal of the relevant Member, they cannot identify the relevant Member.

Chapter 7 Damages

Article 21 Indemnification

1. A Member shall use the Services including download at his/her own risk. Digital shall not be held liable for damages or losses that the Members
may suffer concerning the use of the Services.
2. In the event that any Member causes any damage to any other parties by using the Services, Digital shall not be held liable for such damage.
3. Digital shall not make any guarantee regarding the matters stated below.
1) The completeness, accuracy, reliability, usefulness or other elements of information, software, various kinds of programs and data,
images, materials or other matters that Digital provides through the Services or any services relating to the Services;
2) Whether information, software, various kinds of programs and data, images and materials and other matters that Digital provides through the Services or any services relating to the Services infringe any patent rights, design rights and trademark rights of any other parties or not;
3) Conditions at the time of provision, availability of access, and conditions of use of information, software, various kinds of programs and data, images and materials and other matters that Digital provides through the Services or any services relating to the Services;
4) Any defect, error or trouble in providing the Services;
5) Any error in the connection to the Internet and any trouble in the equipment used for the Services;
6) Any failures and bugs found in information, software, various kinds of programs and data, images, materials and other matters that Digital provides through the Services or any services relating to the Services will be fixed;
7) Whether the Services satisfy the needs or expectations of the Members;
8) Whether the information, software, various kinds of programs and data, images, materials and other matters that Digital provides through the Services or any services relating to the Services satisfy the needs or expectations of the Members.

4. Digital shall not make any guarantee for operation of any equipment and software that the Members may use.
5. As to the expense for connecting to the access point that the telephone company bills to the Members upon use of the Services, the Members shall be responsible for and control such expenses and Digital shall not make any guarantee regarding such expenses.

Article 22 Claim for Damages

In the event that any Member causes any damage to Digital by violating these Terms or engaging in any unauthorized or illegal use of the Services, Digital
may make a claim for appropriate damage compensation (including attorney's fees) against such Member.

Chapter 8 Miscellaneous

Article 23 Governing Law

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

Article 24 Jurisdiction

In the event that any Member and Digital cannot solve any problem between the parties through mutual consultation, the parties hereto shall submit to the
exclusive jurisdiction of the Osaka District Court of Japan.

Article 25 Supplementary Provision

These Terms shall become effective on the 20th of November in 2003.