E-MANABU User Agreement
This agreement is formulated by E-MANABU, with a formulation date of August 2024 and an effective date of August 2024. The applicable subjects of this agreement are the users of this platform.
Article 1: Purpose
This user agreement is a contract between you and LEQI Japan Co., Ltd. (hereinafter referred to as "the Company") regarding your use of the "E-MANABU" (hereinafter referred to as "the Platform") software and related services, including registration, login, and usage (hereinafter collectively referred to as "Usage") of the Platform software and related services. This agreement, along with other agreements, norms, rules, statements, announcements, and policies published by the Platform, constitutes an inseparable part of this agreement and applies to all products and services of the Company.
The Company legally owns and operates the client application named "E-MANABU," the website (www..com), and related clients (including but not limited to APP, APK, SDK, API, etc.), providing you (hereinafter also referred to as "the User") with platform services for aggregating, managing, and distributing digital content. The Company is a network service provider that offers online information storage space.
To better serve you, please carefully read and fully understand this agreement before you start using the Platform software and related services, especially the clauses related to exemption or limitation of liability, rights licensing and information usage, consent to activate and use special individual services, applicable law, and dispute resolution. You should pay special attention to the important content highlighted in bold, such as clauses that exempt or limit liability.
If you are a minor, please read and fully understand this agreement in the presence of your legal guardian, and obtain the guardian's consent before using the Platform software and related services.
If you do not accept all the contents of this agreement, you will not be able to use the Platform software and related services. Once you use the Platform software and related services, it is deemed that you have fully understood and agreed to accept this agreement and other agreements and rules related to the Platform software and related services (including but not limited to the "Privacy Policy") as a party to the agreement.
Article 2: Definitions
The meanings of the following terms in this agreement are as follows, unless otherwise specified:
Platform Software and Related Services
The platform products owned and operated by the Company related to education, learning, and other digital content recruitment, management, and distribution, as well as the platform services provided for course providers and course users for generating, disseminating, and learning teaching content.
The Company, course providers, and course users shall agree and understand that:
① The Platform is a neutral service provider, only providing course providers with information storage space, links, and other neutral network services or related neutral technical support services for course providers to autonomously publish, operate, and promote their courses on the platform.
② The courses provided by course providers are independently developed or provided by the course providers, operated independently, and they bear all responsibilities. The Company will not, and cannot, participate in the development, operation, or any related activities of the courses provided by course providers, nor will the Company modify, edit, or organize the course content.
③ Any disputes, responsibilities, etc., arising from the courses provided by course providers, as well as any consequences caused by course providers violating relevant laws and regulations or the provisions of this agreement, shall be independently borne by the course providers, who will compensate for any losses, and the Company will have no relation to these matters. If the rights of course users, the Company, or others are infringed, the course providers must bear all responsibilities and compensate for all losses.
Course Content
The online live and recorded communication and learning services provided to platform users, which are developed by course providers or authorized by actual rights holders, including but not limited to language courses, civil service examination courses, skill learning and examination courses, learning support courses, and various training services, whether free or paid. The course fees are determined by the course providers.
Course Provider
An individual, legal entity, or other organization that has effectively registered on the platform and has applied to upload various courses for which they hold corresponding rights to the platform, providing various free or paid online live or recorded services to course users to facilitate online communication and learning. Depending on the entity, course providers may also be referred to as “organizations” or “teachers” in external presentations.
Course User
An individual user who has effectively registered on the platform and receives various free or paid online live or recorded services provided by course providers. If the course user is under 18 years old, "course user" also refers to their guardian.
Article 3: Platform Software and Related Services
3.1 Definition of Platform Software and Related Services
The platform software and related services provided by the Company to users refer to the platform services for aggregating, managing, and distributing digital content owned and operated by the Company.
3.2 Terminals and Websites for Using Platform Software and Related Services
Users can obtain the platform client application or access related websites through pre-installed applications or downloads from third parties authorized by the Company.
If users obtain the software and services from sources other than the Company or authorized third parties, the Company cannot guarantee the proper functioning of unofficial versions of the platform software, and any losses incurred by users will not be the responsibility of the Company.
3.3 Versions of Platform Software Programs
The Company has developed different application software versions for different terminal devices. Users should obtain, download, and install the appropriate version based on their actual device conditions. If users no longer use the platform software and related services, they should uninstall the corresponding application software.
3.4 Updates of Platform Software and Related Services
To better serve users, the Company will periodically provide updates or changes to the platform software and related services (including but not limited to software modifications, upgrades, feature enhancements, new service development, software replacements, etc.). Users may choose whether to update the corresponding version as needed.
To ensure the security of the platform software and related services and enhance user experience, after partial or complete updates of the platform software and related services, the Company will notify users in a proper manner (including but not limited to system prompts, announcements, in-site messages, etc.) when feasible. Users have the right to choose to accept the updated version; if users choose not to update, some functions of the platform software and related services may be restricted or may not function properly.
3.5 Prohibited Actions Regarding Platform Software and Related Services
Users shall not, in any form, engage in unauthorized access or use of the platform software and related services, including but not limited to adaptation, copying, dissemination, vertical searching, mirroring, or trading, except as authorized in writing by the Company.
3.6 Time When Users Start Using Platform Software and Related Services
Users should understand that using the platform software and related services requires them to prepare terminal devices related to the software and services (such as computers, mobile phones, etc.). Once users open the platform software or access the platform website on their terminal devices, it is deemed that users have started using the platform software and related services. To fully utilize all functions of the platform, users may need to connect their terminal devices to the internet, and users should understand that they will bear any associated costs (such as data charges, internet fees, etc.).
3.7 Regulations on the Rights to Use Platform Software and Related Services
The Company grants users a personal, non-transferable, non-exclusive, and non-commercial right to legally use the platform software and related services. All other rights not expressly authorized in this agreement are reserved by the Company. Users must obtain separate written permission from the Company before exercising such rights, and the Company's failure to exercise any of these rights does not constitute a waiver of that right.
3.8 User Registration and Usage
Users can use the platform software and related services without registration. However, to ensure users can better use the platform software and related services and to protect account security, certain functions or individual service items (such as comment services, live streaming services, etc.) will require users to provide real identity information and register with their real names in accordance with relevant national laws and regulations before they can be used.
Article 4: Account
4.1 User Registration
The platform software and related services provide users with a registration channel. You have the right to create an account via email or mobile verification and choose a legal combination of characters as your nickname. The user’s email or mobile number and SMS verification code serve as credentials for logging in and using the platform software and related services.
4.2 Course Provider Registration
Course publishers must register to join the platform.
4.3 User Commitments for Using the Platform
Users should understand and commit that their account name, avatar, profile, and other registration information must not contain illegal or harmful content. Users must not register accounts in the name of others (including but not limited to impersonating others’ names, titles, avatars, etc., in a way that may cause confusion) or maliciously register accounts on the platform (including but not limited to frequent or bulk registrations). Users must comply with relevant laws and regulations during the registration and usage process and must not engage in any actions that harm national interests, infringe upon the legitimate rights of third parties, or violate social morals. The Company has the right to review the registration information submitted by users.
4.4 Ownership of Platform Accounts
The ownership of platform accounts belongs to the Company, and users only have limited rights to use the platform account. Users are responsible for all activities conducted under their account. Accounts are for personal use only and may not be gifted, borrowed, rented, transferred, sold, or otherwise permitted for use by others without the Company’s written consent. If the Company discovers or has reasonable grounds to believe that the user is not the original registrant of the account, it has the right to suspend or terminate services to that registered account and cancel the account without notifying the user.
4.5 Confidentiality Provisions
Users are responsible for maintaining the security and confidentiality of their personal accounts and bear all legal responsibilities for activities conducted under their registered account name, including but not limited to any data modifications, information postings, or payment operations that may lead to legal liabilities. Users should take account confidentiality seriously and must not disclose their account information to others under any circumstances. If users discover that someone else has used their account without permission or if any security issues arise, they should immediately notify the Company.
4.6 Loss of Account
In the event of account loss, users can follow the Company's complaint procedures to request account recovery in a timely manner. Users should understand and acknowledge that the Company’s account recovery mechanism only requires consistency between the information filled out in the complaint form and the system records and cannot verify whether the complainant is the actual account holder. The Company specifically reminds users to properly safeguard their accounts. After use, users should log out safely. If account theft occurs due to improper safeguarding by the user or other force majeure factors, the user will bear the corresponding responsibility.
4.7 Notes for Account Registration
When registering, using, and managing an account, users must ensure that the identity information filled out during registration is true and accurate. Users should use real, accurate, legal, and valid identification materials and necessary information when registering and managing accounts. According to relevant national laws and regulations, to use certain functions of the platform software and related services, users need to provide real identity information and should complete real-name authentication in accordance with relevant legal requirements, updating the information in a timely manner. If the materials submitted or the information provided by the user is inaccurate, untrue, illegal, or if the Company has reason to suspect that the information is erroneous or unlawful, the Company has the right to refuse to provide relevant functions, and the user may be unable to use the platform software and related services, or some functions may be restricted during use.
4.8 Account Authorization
In addition to self-registering for a platform account, users may also authorize the use of their legally owned accounts, including but not limited to accounts from the Company or its affiliates, or accounts from other software users registered with real names, to register and log in to use the platform software and related services, except where restricted or prohibited by third-party software or platforms. When users log in using existing accounts, they must ensure that the corresponding account has been registered with real names and that the relevant terms of this agreement apply.
4.9 Third-Party Account Use
Users should understand and agree that, in addition to logging in and using the platform software and related services, users may also use their platform account to log in and use other software and services provided by the Company and its affiliates. When users log in and use the aforementioned services with their platform account, they will be bound by the "User Agreement" and other terms provided by the actual service provider.
4.10 Account Login and Cancellation
Once users complete the registration of their account on the platform, log in, and undergo reasonable and necessary identity verification, they may browse and modify their submitted personal identity information at any time. Users should understand and agree that, for security and identity verification purposes (such as account recovery complaint services, etc.), they may not be able to modify the initial registration information and other verification information provided during registration. Users may also apply to cancel their account, and the Company will assist in the cancellation after completing reasonable and necessary verifications regarding personal identity, security status, device information, infringement complaints, etc., and will delete all information related to the user account as requested, unless otherwise provided by laws and regulations.
4.11 Account Recovery
Users should understand and agree that, in order to fully utilize account resources, if users do not log in for the first time promptly after registration or do not log in for more than two consecutive months, the Company has the right to reclaim the user’s account.
Article 5: Software and Related Services
When course users utilize the course content provided by course providers through this service, they should pay attention to the following points:
5.1 Considerations for Course Users
The courses used by course users through this service are provided solely by the course providers. Before inquiring, registering, purchasing, using courses, or making payments, course users should carefully assess the accuracy, authenticity, and legality of the courses and related information (including but not limited to course content, start times, course durations, etc.) published by course providers and independently judge the course providers' ability to fulfill their obligations.
The company makes no guarantees regarding the course content provided by course providers and assumes no responsibility.
For any disputes arising from inquiries, registrations, purchases, usage of courses, or payments, course users should negotiate or litigate with the course providers and independently bear the corresponding risks or responsibilities. Disputes between course users and course providers are unrelated to the company.
5.2 Payment for Course Fees
When course users purchase paid course services from course providers, they must complete the payment according to the requirements of this platform. Course users should properly safeguard their relevant accounts; any operational instructions issued via the course user's account will be regarded as actions taken by the course user themselves, and course users should be responsible for all operations conducted through their accounts.
5.3 Refund Policy
After successfully registering for a course provided by a course provider (successful registration for paid courses means that the course user has successfully paid the required fees to the course provider and has received confirmation of successful registration; successful registration for free courses means that the course user has registered and received confirmation of successful registration from the course provider), they should timely accept the relevant course services provided by the course provider within the specified course time and duration.
If the failure to fully accept or receive the relevant course services provided by the course provider is due to reasons not attributable to this platform or the course provider (including but not limited to device malfunctions, network congestion, disconnections, forgetting course times, etc.), the course user shall bear the corresponding responsibility and will be deemed to have learned the relevant course services, and the course user shall not be entitled to request a refund of any fees.
5.4 Payment Receipts for Courses
After course users pay the course fees to the course providers, invoices or payment receipts or service documents should be resolved by the course providers, and course users should directly contact the course providers to resolve this matter, which the company does not participate in and is unrelated to the company.
5.5 Scope of Use of This Service
This service is only available for use by the accounts of course users who have successfully registered for courses. If course users need to change their accounts or add accounts to receive course services, they must pay the corresponding fees if the successfully registered courses are paid courses.
5.6 Requirements for Users Using the Service
Users using this service must comply with the relevant contents of the aforementioned agreements in this agreement, including but not limited to the agreements checked or linked in this agreement, or the specific service descriptions, service standards, user behavior norms, and classroom management systems informed to users on the service pages.
If the user does not agree to the relevant contents of this agreement, the company will terminate the provision of this service.
5.7 Refund Regulations
In principle, fees paid under this agreement are non-refundable.
5.7.1 General Refund Regulations
If the courses published by the course provider do not violate laws and regulations and there are no circumstances under the relevant provisions of this platform that allow for refunds, course users may not apply for refunds.
5.7.2 Refund Situations
Course users should understand and agree that the paid courses published by course providers through this platform will adopt an overall purchase method, meaning that course users only need to purchase once to learn all published or soon-to-be-published course content. Successful purchases of paid courses can be reused by the course user without needing to pay again.
In accordance with relevant laws and regulations, course users can apply for refunds according to the following rules:
① For live or recorded courses purchased by course users, they can watch the replay content of courses that have already started; courses that can be replayed are considered as courses that the course user has already learned and are non-refundable. Course users can request a refund for the fees of courses that have not yet been live or recorded. Refunds will be calculated proportionally, based on the ratio of courses not yet live or recorded to all courses published by the course provider.
② After course users pay the course fees to the course provider, if they meet the relevant refund regulations of this platform, they can apply for a refund.
③ Refunds should be processed according to the payment method used.
5.8 Considerations for Course Use
Regarding all courses on this platform, course users should be aware and agree that they have no right to sell, transfer, license, or otherwise allow third parties (including but not limited to individuals, legal entities, or other organizations) to use the courses they have purchased, other than the course users themselves. If course users violate this provision, the company has the right to take the following measures as appropriate:
①Restrict or freeze the course user's account;
② Cancel the course user's right to continue using the course;
③ Require the course user to return any profits obtained through the sale, transfer, licensing, or other means of the course;
④ Other emergency measures that the company can take.
5.9 Course Updates
Course providers may update paid courses periodically based on their own reasons (including but not limited to updating course content, improving course arrangements) without needing prior consent from course users; course users should understand and agree to this.
5.10 Payment of Fees
The payment of course fees shall be made according to the regulations of this platform.
Article 6: Code of Conduct
6.1 User Behavior
Users are responsible for their actions when using this platform and related services. Unless permitted by law or with prior written permission from the company, users must not engage in the following behaviors when using the platform's software and related services:
6.1.1 Interfering with Platform Services
Using any plugins, add-ons, systems, or third-party tools not authorized or permitted by the company to interfere with, damage, modify, or otherwise affect the normal operation of the platform's software and related services.
6.1.2 Endangering Platform Services and Network Security
Engaging in any actions that threaten the security of computer networks related to the platform's software and services, including but not limited to:
① Illegally accessing others' networks, disrupting their normal functions, or stealing network data;
② Providing programs or tools specifically for the purpose of intruding on networks, disrupting normal functions, or stealing network data;
③ Providing technical support, advertising promotion, payment settlement, etc., to others known to be engaging in activities that endanger network security;
④ Using unauthorized data or accessing unauthorized servers or accounts;
⑤ Unauthorized access to public computer networks or others' computer systems to delete, modify, or add stored information;
⑥ Attempting to probe, scan, or test the weaknesses of the platform's systems or networks without permission;
⑦ Attempting to interfere with or disrupt the normal operation of the platform's systems or website, intentionally spreading malicious programs or viruses, and other actions that disrupt normal network information services;
⑧ Forging TCP/IP packet names or parts thereof;
⑨ Engaging in reverse engineering, reverse assembly, compilation, or otherwise attempting to discover the source code of the platform's software;
⑩ Maliciously registering accounts for the platform's software and related services, including but not limited to frequent or bulk account registrations;
⑪ Other actions that violate laws and regulations, this agreement, the company's relevant rules, or infringe on others' legal rights.
6.1.3 Accountability
In any case, if the company has reason to believe that any user behavior violates or may violate the above agreements, the company may independently make judgments and take action, including terminating service to the user without any prior notice and pursuing relevant legal responsibilities.
6.2 Information Content
6.2.1 Content Standards
The company is committed to making comments a civilized, rational, friendly, and high-quality exchange of opinions. While promoting the development of the comment business, the company will continuously strengthen its information security management capabilities, improve self-discipline in comment threads, fulfill social responsibilities, comply with national laws and regulations, respect citizens' legal rights, and uphold social morals.
6.2.2 Prohibited Content
Users must consciously comply with constitutional laws, regulations, and public order when creating, commenting, publishing, or disseminating content. Users agree and commit not to produce, copy, publish, or disseminate the following prohibited content:
① Opposing the fundamental principles established by the Constitution;
② Endangering national security or leaking state secrets;
③ Subverting state power, overthrowing the socialist system, inciting national division, or undermining national unity;
④ Damaging national honor and interests;
⑤ Promoting terrorism or extremism;
⑥ Promoting ethnic hatred or discrimination, undermining national unity;
⑦ Inciting regional discrimination or hatred;
⑧ Undermining national religious policies, promoting cults and superstitions;
⑨ Fabricating or spreading rumors or false information, disrupting economic and social order, and undermining social stability;
⑩ Spreading or disseminating violence, obscenity, pornography, gambling, murder, terrorism, or inciting crime;
⑪ Infringing on minors' legal rights or harming their physical and mental health;
⑫ Taking photos or recording others without permission, infringing on others' legal rights;
⑬ Containing content that is terroristic, violent, bloody, high-risk, or harmful to the physical and mental health of performers or others;
⑭ Endangering network security or engaging in activities harmful to national security, honor, and interests using the internet;
⑮ Insulting or defaming others, infringing on others' legal rights;
⑯ Threatening others with violence, implementing doxxing;
⑰ Involving others' privacy, personal information, or data;
⑱ Spreading vulgar language, damaging social morals;
⑲ Infringing on others' privacy rights, reputation rights, portrait rights, intellectual property rights, and other legal rights;
⑳ Spreading commercial advertisements or similar commercial solicitation information, excessive marketing information, and spam;
㉑ Commenting in languages other than the commonly used languages on this website;
㉒ Being completely unrelated to the information being commented on;
㉓ Posting meaningless information or deliberately using character combinations to evade technical review;
㉔ Other information that violates laws and regulations, policies, and social morals, disrupts the normal operation of the platform, or infringes on the legal rights of other users or third parties.
6.3 Complaints and Reports
The company has established a public complaint and reporting platform, where users can report various illegal activities, unlawful dissemination, harmful information, etc., according to the company's publicly stated complaint and reporting system. The company will promptly accept and handle users' complaints and reports to jointly create a clean and upright online space.
Article 7: User Information Protection
7.1 General Provisions
The company is committed to protecting users' personal information (i.e., information that can identify a user’s identity independently or in combination with other information). Protecting users' personal information is one of the company's fundamental principles.
7.2 Use of Information
During the use of this platform's software and related services, users may need to provide personal information (including but not limited to the user's name, phone number, location information, device information, etc.) to enable the company to provide better services and corresponding technical support. The company will employ encryption technology, anonymization, and other technical measures compatible with the platform's software and services, as well as other security measures to protect users' personal information. For more information regarding the protection of users' personal information, please refer to the "Privacy Policy."
Article 8: Regulations on the Use of Information Content
8.1 General Provisions
Users must not use the relevant information of this platform without authorization. Without the company’s written permission, users must not independently or authorize, permit, or assist any third party in engaging in the following actions regarding the information content of this agreement, the platform's software, and related services:
① Copying, reading, or adopting the information content of the platform's software and related services for commercial purposes, including but not limited to publicity, increasing readership, and view counts;
② Unauthorized editing, organizing, or arranging the information content of the platform's software and related services and displaying it through channels other than the source page of the platform's software and services;
③ Using any form of identification methods, including but not limited to special identifiers or codes, to independently or assist third parties in generating traffic, readership guidance, transfer, hijacking, or other adverse effects on the information content of the platform's software and related services;
④ Other illegal actions to obtain or use the information content of the platform's software and related services.
8.2 Information Sharing Regulations
If users wish to share or forward the information content of the platform's software and related services after obtaining the company's written permission, they must also comply with the following requirements:
① For relevant data such as search keywords, hit rates, classifications, search volumes, click rates, and readership obtained through scraping or statistics, users must not publicly disclose, provide, or leak this data to any third party in any manner without the company's prior written consent;
② Users must not make any changes to the source web pages of the platform's software and related services, including but not limited to homepage links and advertising system links, nor obstruct, insert, or pop up any forms that hinder the display of the source pages of the platform's software and related services;
③ Users must take safe, effective, and stringent measures to prevent third parties from illegally obtaining the information content of the platform's software and related services through any means, including but not limited to "spider" programs;
④ Users must not use the relevant data content for purposes beyond the scope of the company's written permission, engage in any form of sales and commercial use, or disclose, provide, or allow third parties to use it in any manner;
⑤ Any actions of sharing, forwarding, or copying the information content of the platform's software and related services to any third party must comply with other regulations and standards established by the company.
Article 9: Handling of Breach of Contract
9.1 General Provisions
In response to users violating this agreement or other service terms, the company has the right to independently assess the situation and take measures such as issuing warnings, refusing to publish, immediately stopping information transmission, deleting comments, temporarily banning speech, restricting part or all functions of the account, or even permanently closing the account. The company has the right to announce the handling results and decide whether to restore the use of the relevant account based on the actual circumstances. For behaviors suspected of violating laws and regulations or involving criminal activities, relevant records will be kept, and the company will report to and cooperate with the relevant authorities.
9.2 Actions Involving Third Parties
If a user's violation of this agreement or other service terms leads to complaints or lawsuits from third parties, the user shall handle it independently and bear all legal responsibilities that may arise. If the user's illegal, infringing, or breach of contract behavior causes the company or its affiliates to compensate any third party or face penalties from governmental authorities, the user shall fully compensate the company and its affiliates for all losses incurred.
9.3 Protection of Legal Rights
The company respects and protects the intellectual property rights, reputation rights, name rights, privacy rights, and other legal rights of users and others. Users understand that course providers hold the copyright to the courses, and unauthorized recording or dissemination without the copyright holder's consent constitutes infringement. In case of copyright disputes, course providers should negotiate or litigate with the infringer, who shall bear corresponding responsibilities. Users must ensure that the text, images, videos, audio, links, etc., uploaded while using the platform do not infringe on any third party's intellectual property rights, reputation rights, name rights, privacy rights, or other rights and legal interests. If this guarantee is violated, the company has the right to remove the allegedly infringing content upon notification from the rights holder or relevant party. Users shall handle and bear all legal responsibilities for any claims made by third parties; if the user's infringement causes losses to the company or its affiliates, the user shall fully compensate for all losses suffered.
Article 10: Changes to Services
10.1 General Provisions
Users understand and agree that the platform's software and related services are provided based on existing technology and conditions. The company will make every effort to provide high-quality services and ensure continuity and safety. Users understand that the company cannot foresee or prevent technical and other risks, including but not limited to force majeure, viruses, Trojans, hacker attacks, system instability, flaws in third-party services, and third-party websites, which may lead to service interruptions, inability to use the platform's software and related services normally, and other losses and risks.
10.2 Service Changes and Consent
Users understand and agree that the company has the right to modify, interrupt, suspend, or terminate the platform's software and related services based on specific circumstances for the overall operational safety of services and the platform.
Article 11: Intellectual Property Protection
11.1 General Provisions
The content provided in the platform's software and related services, including but not limited to software, technology, programs, web pages, text, images, audio, video, charts, layout designs, and electronic documents, is owned by the company. The copyrights, patents, and other intellectual property rights of the software relied upon in providing this service belong to the company. No one may use (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading) the content of the platform's software and related services without the company's permission.
11.2 Rights of Course Providers
All content provided by course providers on this platform, including but not limited to text, software, sound, images, videos, charts, website structure, layout, and paid content or services, is legally owned by the course providers or other rights holders, including copyrights, trademark rights, and patent rights. Without the written consent of the company or the respective rights holders, users may not independently use, modify, copy, disseminate, alter, distribute, or publish the aforementioned content. If violated, users agree to bear all losses caused to the company and course providers or other rights holders.
11.3 Copyright Commitment
Users understand and agree that the text, images, videos, and audio uploaded while using the platform's software and related services are original works or have been legally authorized. The intellectual property rights of any content uploaded or published through the platform belong to the user or the original copyright holder.
11.4 Authorization
Users acknowledge, understand, and agree that to continuously improve and provide better services, any content uploaded, published, transmitted, or disseminated through the platform's software and related services, including but not limited to text, images, audio, video, and/or music, sound, dialogue in audio, is deemed to grant the company and its affiliates a global, free, non-exclusive, sublicensable right, including but not limited to the rights to copy, distribute, adapt, compile, modify, translate, create derivative works, perform, and display the content, with usage encompassing current or other websites, applications, products, or devices. Users confirm and agree that the granting of these rights includes the right to use, copy, display, and disseminate the user's personal image, portrait, name, trademark, service mark, brand, and other materials in any promotional, advertising, or marketing activities related to the content, E-MANABU, the company, and/or the company’s brand.
11.5 Consent
Users confirm and agree to authorize the company to act in its name or entrust a professional third party to protect the intellectual property rights of the content uploaded and published by users. This includes monitoring infringement, sending protection letters, initiating lawsuits or arbitration, mediation, and settlement. The company has the right to make decisions regarding protection matters and implement them independently.
11.6 Data Ownership
The company develops and operates the platform, providing technical support and enjoys all rights permitted by law regarding all data and information generated during the development and operation of the platform's software and related services.
11.7 Unauthorized Use
Users must not use any trademarks, service marks, trade names, domain names, website names, or other distinctive brand features of the company, including but not limited to the platform and E-MANABU, without prior written consent from the company. Users may not display, use, or apply for trademark registration or domain name registration of the aforementioned identifiers without the company’s prior written consent. Users shall bear full legal responsibility for any losses caused to the company or others due to their violation of this agreement.
Article 12: Legal Responsibilities
12.1 Company's Responsibilities
Users should clearly understand and agree to bear corresponding responsibilities as follows when using this service:
12.1.1 Company’s Responsibility in This Service
If users have disputes arising from querying, signing up, purchasing, or using courses provided by course providers, since the courses are solely provided by the course providers, the company cannot participate and will not be involved. Therefore, users should negotiate or litigate with course providers and independently bear the corresponding risks or responsibilities, unrelated to the company. However, the company will bear corresponding responsibilities due to its own faults.
12.1.2 Course Provider’s Responsibility in This Service
Courses that users query, sign up for, purchase, or use are solely provided by course providers, who independently bear responsibility. If users have disputes with course providers due to courses not meeting the agreed terms or legal regulations, users should negotiate or litigate with course providers, who should bear corresponding responsibilities, unrelated to the company.
12.2 Consent to the Platform Software and Services
Users understand and agree that the platform's software and related services may be affected or interfered with by various factors, and the company does not guarantee (including but not limited to):
12.2.1 Complete Compliance with User Needs
The platform's software and related software fully meet user requirements.
12.2.2 Customer Intent
The platform's software and related software are not interfered with and are timely, safe, reliable, or free from errors; any software, services, or other materials obtained through the company meet user expectations.
12.2.3 Error Correction Requirements
Any errors in the platform's software and related software can be corrected.
12.3 User Agreement on Service Impact
Users should treat any information related to loans, financial management, or other property-related network information, account passwords, advertisements, or promotions with caution and make their own judgments. The company is not liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from any property, profit, business reputation, data loss, or other tangible or intangible losses incurred by users.
12.4 Force Majeure
Users understand and agree that during the use of the platform's software and related services, they may encounter factors such as force majeure (which refers to unforeseeable, insurmountable, and unavoidable objective events), including but not limited to government actions, regulatory policies, natural disasters, network issues, hacker attacks, wars, or any similar events. In cases of force majeure, the company will strive to repair in a timely manner, but the company shall not be liable for any service suspension, interruption, termination, or any losses caused to users due to force majeure, within the limits permitted by law.
12.5 Company’s Handling of Violations
The company has the right to handle illegal or violating content based on this agreement, but this right does not constitute an obligation or commitment of the company, and the company cannot guarantee timely detection or handling of violations.
12.6 Agreement Obligations and Responsibilities
Users understand and agree that the company does not provide any express or implied warranties or conditions regarding the platform's software and related services, including but not limited to merchantability or suitability for a particular purpose. Users must bear the corresponding risks of using the platform's software and related services.
12.7 Agreement with Judicial and Other Authorities
Users understand and agree that this agreement is made by the company to ensure compliance with national laws and regulations, maintain public order and morals, and protect the legitimate rights and interests of others, and the company has made every effort to assess according to relevant laws and regulations. However, it does not guarantee that the company's assessments will completely align with those of judicial or administrative authorities. Users agree to bear the consequences arising from this.
12.8 Limitation of Company Liability
In any case, the company shall not be liable for any indirect, consequential, punitive, incidental, special, or penal damages, including loss of profits suffered by users due to the use of the platform's software and related services. Except as expressly provided by law, the total liability of the company to users, regardless of the reason or manner of action, shall never exceed the fees paid by the user to the company for using the platform's software and related services (if any).
Article 13: Use by Minors
13.1 Guardian Consent
If the user is a minor, they must carefully read this agreement under the supervision and guidance of their guardian and obtain the guardian's consent before using the platform's software and related services.
13.2 Protection of Minor's Information
The company values the protection of minors' personal information. Minor users should enhance their awareness of personal protection and use the platform's software and related services correctly under the guidance of their guardians.
13.3 Legal Responsibility
Minor users and their guardians understand and agree that if the minor violates laws and regulations or the content of this agreement, both the minor and their guardian shall bear all legal responsibilities that may arise according to the law.
13.4 Special Reminders for Adult Users
13.4.1 General Provisions
Minors using this software and related services should do so under the supervision and guidance of their guardians, learning to use the internet correctly within a reasonable scope, avoiding addiction to virtual spaces, and developing good online habits.
13.4.2 Compliance
Minor users must adhere to the following:
① Engage in online learning and avoid browsing harmful information;
② Communicate honestly and kindly, without insulting or deceiving others;
③ Enhance self-protection awareness and avoid meeting online acquaintances casually;
④ Maintain network security and not disrupt the network order;
⑤ Promote physical and mental health and not indulge in virtual spaces.
13.5 Use of Minor's Information
To better protect the privacy rights of minors, the company reminds users to be cautious when publishing content that includes materials related to minors. Once published, it is deemed that the user agrees to allow the platform's software and related services to display the minor's information, image, voice, etc., and permits the company to use and process such content related to minors according to this agreement.
13.6 Special Reminders for Guardians
13.6.1 Privacy Protection of Minors
To better protect the privacy rights of minors, the company reminds users to be cautious when publishing content that includes materials related to minors. Once published, it is deemed that both the user and the guardian agree to allow the platform's software and related services to display the minor's information, image, voice, etc., and permit the company to use and process such content according to this agreement.
13.6.2 Payments by Minors
Users who are minors may use recharge functions when using the platform's software and related services. Guardians should safeguard the payment devices, payment accounts, and payment passwords of minor users to prevent the minor from using recharge functions through the user's platform account without the guardian's consent.
Article 14: Provisions Against Anti-Social Forces
The company firmly declares that it will not cooperate with any anti-social forces. The platform and the company do not have any cooperative relationship with individuals related to anti-social forces, and any established relationships will be considered as never having been formed. Upon discovery, all relationships will be immediately severed.
Article 15: Miscellaneous
15.1 Validity of This Agreement
The establishment, effectiveness, performance, interpretation, and dispute resolution of this agreement shall be governed by the laws of the jurisdiction where the platform's main program is located. If any provision of this agreement is found to be invalid or unenforceable due to conflicts with the laws of that jurisdiction, such provisions shall be reinterpreted as closely as possible to the original intent of this agreement, and the other provisions shall remain fully effective.
15.2 Jurisdiction
The signing location of this agreement is Aichi Prefecture, Japan. If a user has any disputes with the company arising from this agreement, both parties should strive to resolve them amicably; if negotiation fails, the user agrees to submit the dispute to the Aichi District Court for resolution.
15.3 Agreement Updates and Announcements
To provide better services or due to adjustments in national laws, regulations, or policies, the platform's software and related services will be updated and changed from time to time. We will revise this agreement accordingly, and these revisions will form part of this agreement. After updates, we will issue the updated version on the platform and notify users of the updated content through the official website or other appropriate means before the updated terms take effect, allowing users to stay informed about the latest version of the agreement. If users continue to use the platform's software and related services, it indicates their acceptance of the revised agreement. If users have objections to the modified agreement terms, they should immediately stop logging in or using the platform's software and related services. Continued use is deemed as acceptance of the modified agreement terms.
15.4 Effect of Agreement Titles
The titles in this agreement are for convenience and readability only and do not affect the meaning or interpretation of any provisions in this agreement.
15.5 Relationship Between Users and the Company
Both users and the company are independent entities. Under no circumstances does this agreement constitute any express or implied warranty or condition from the company to the user, nor does it establish any agency, partnership, joint venture, or employment relationship between the parties.
