THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.
You are expressly prohibited from (i) using any robot, spider, other automatic device, or manual process to monitor, “mine” or copy the web pages on the Site, (ii) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site, and (iii) taking any action that imposes an unreasonable or disproportionately large load on Apex’s infrastructure. By accessing this site you agree to having your IP addresses logged, monitored, blocked and reported accordingly.
Sign-In Name and Password Policy
Certain areas of the Site may require you to register prior to being granted access. During the registration process, We will assign to you a unique sign-in name (“Sign-In Name”) and a password (“Password”). Each Sign-In Name and Password can be used by only one user. You are solely responsible for the confidentiality and use of your Sign-In Name and Password, as well as for any use, misuse or communications entered through the Site using your Sign-In Name and Password. You shall notify Apex K.K. immediately if you become aware of any loss, theft or unauthorized use of your Sign-In Name or Password and Apex K.K. reserves the right to delete or change one or both of them at any time and for any reason.
Intellectual Property Rights in the Site
You acknowledge that the Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of Apex K.K. or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
“Apex” and all other trademarks, logos and services marks displayed on the Site are trademarks belonging to Apex K.K., its affiliated entities, or its licensors (collectively the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without Apex’s prior written permission in each instance. All goodwill generated from the use of the Trademarks will inure to benefit of Apex K.K., its affiliated entities, or its licensors, as the case may be.
Linking and Framing
Apex K.K., in its sole discretion, may post the advertisements of third parties on the Site. The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by Apex K.K. Your correspondence or any other dealings with advertisers found on this Site are solely between you and such advertiser and We are not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to Apex K.K. through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to Apex K.K. through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. Apex K.K., or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, Apex K.K. and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting Apex K.K. and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
No Responsibility for Connectivity
You are responsible for the means you use to access the Site and all costs associated therewith. Apex K.K. is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Site.
Disclaimer of Warranty
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Apex K.K. DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. Apex K.K. DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU. Apex K.K. DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Limitation of Liability
You shall indemnify and hold harmless the Apex K.K. Parties for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.
Use of Personally Identifiable Information
Security of the Site
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Apex K.K. reserves the right to view, monitor and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Apex K.K. will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
Electronic Communications and Contracting
Apex K.K. will not knowingly collect Personal Data from children under the age of 13 through this Site, which is not intended for this age group.
Active Information Collection
When you access certain restricted areas of the Site, and/or receive Services, the Site will require you to submit a Password and Sign-In Name. This information is linked to Personal Data that you provided during the Site registration process.
Passive Information Collection
As you navigate through a website, certain personally non-identifiable information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies and navigational data collection. The Site only uses Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). Apex K.K. uses your IP address to diagnose problems with Apex`s server, report aggregate information, determine the fastest route for your computer to use in connecting to the Site, and administer and improve the Site.
Use and Disclosure of Information
Access and Correction
To keep your Personal Data accurate, current, and complete, please contact Apex K.K. as specified below. Apex K.K. will take reasonable steps to update or correct personally identifiable information in Apex`s possession that you have previously submitted via the Site.
Apex K.K. takes reasonable steps to protect your Personal Data as you transmit your information from your computer to the Site, and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to the Site via e-mail. Moreover, where you use Passwords, Sign-In Names, or other special access features on the Site, it is solely your responsibility to safeguard them.
Links to Other Websites