Article 1 Details of terms
- These Terms shall apply to all users of the Site.
- Users not consenting to these Terms cannot make use of the Site and the Service thereon.
- Users of the Service shall be deemed to have consented to these Terms effective the time of application for registration and/or start of use of the Service, irrespective of whether said user is an individual or a corporation.
- These Terms may be subject to change, with users notified of said changes by e-mail, posting to the Site, or by other applicable methods. Registrants continuing to use the Service after changes have been made shall be deemed to have consented to said changes, with said changes taking effect immediately. Please read the latest version of these Terms when using an updated version of the Service.
- In addition to these Terms, the Service displays usage instructions and other precautions and notes for use of Services on the Site. The additional information above shall be deemed to constitute a substantive part of these Terms.
Article 2 Definitions
- Operator: Katsushi Kawamori
- Site: https://bdc-scoring.com, https://sv1.bdc-scoring.com, https://sv2.bdc-scoring.com, https://sv3.bdc-scoring.com, https://sv4.bdc-scoring.com, https://sv5.bdc-scoring.com, https://sv6.bdc-scoring.com
- Service: the services provided by the Operator on the Site
- Ballroom dance: Couple dance of the competition
- Registration: registering per the stipulations set forth by the Operator
- Registrant: a person registering for use of the Service
- Intellectual Property Rights: intellectual property rights and other rights, including but not limited to patent rights, trademark rights, industrial asset rights, and copyrights (including those rights stipulated in Articles 27 and 28 of the Copyright Act of Japan)
- Confidential Information: personal information, client information, corporation information, and all other applicable information
- Anti-Social Forces: crime syndicates, members of crime syndicates, persons who ceased being members of crime syndicates within five years or fewer of the present date, associate members of crime syndicates, firms associated with crime syndicates, extortionists, political racketeering organizations, special organized crime syndicates, or other persons or entities equivalent to the same
Article 3 Service details
- The Service is a scoring system for use at Ballroom Dancing competitions.
- The features of the Service are as follows.
- Scoring is performed by a computer and tablet device connected to the Service server via the Internet. Aggregation is performed on a desktop device, and scoring is performed on a tablet device.
- The Service requires an Internet connection.
- Scoring and tabulation (aggregation) is performed on a web browser (Firefox, Chrome, et cetera) and is platform-agnostic.
- The Service operates on high-speed servers with 99% uptime.
- The Service is built as a plugin that runs on WordPress
- The above plugin was created by the Operator. Many other plugins created by the Operator are published to the WordPress community and are well-regarded.
- Data is imported in CSV format. CSV files can be created using Microsoft Excel. Output data is generated in PDF format.
- The scoring system employed is one in general use for ballroom dance competitions. Qualifications are scored per the check methodology, and finals are scored per the ranking methodology. The final ranking is decided based on the skating system.
- Languages supported English & Japanese.
- For other details, please refer to the Site.
Article 4 Registration
- Users must register to make use of the Service.
- A prospective Registrant files for Registration by providing a login name, password, e-mail address, and other information stipulated by the Operator and doing so by the means the Operator specifies. Falsified applications shall not be accepted.
- Where there is a change to any details previously filed by a Registrant, the Registrant shall update that information accordingly by methods stipulated by the Operator. The Operator waives all liability for damages sustained by a Registrant due to failure to make the change above.
- Where the Operator finds that any of the below apply to a Registrant, the Operator may revoke the Registrant’s account.
- Where not meeting the Registration screening criteria stipulated by the Operator;
- Where the user is a minor, an adult ward, or person subject to legal conservatorship or limited guardianship and has not obtained the consent of a legal representative, guardian, or conservator;
- Where the contents of the filing for Registration were falsified;
- Other conditions for which the Operator deems approval of the Registrant unsuitable.
- Where revoking an account per the above, the Operator bears no duty to disclose the reason to the Registrant.
Article 5 Usage
- Upon Registration, a Registrant’s account becomes an aggregation account. Accounts are usable for a period of six days, after which they are automatically deleted.
- A single aggregation account is tied to judge accounts, represented by the number of devices. Up to five devices can be used free of charge, after which fees apply.
- Judge accounts
are added automatically and a notification of the same is sent to the aggregation account.
- The number of judge accounts and a price table for the paid service are listed on the Site.
- Purchase a license key in the dedicated shop and enter the license key to use all functions.
- Payment shall be made by Stripe or PayPal. For payments made by Stripe or PayPal, Registrant credit card data is not disclosed to the Operator.
- The Operator shall bear no duty to return fees once paid, no matter the circumstances.
- Data can be created in Microsoft Excel or other similar spreadsheet software. The requirement is that the data can be exported in CSV format. The output character code is UTF-8.
- Specific instructions for use of the Service are listed on the Site.
- Registrants shall use the Service in compliance with these Terms and with the Civil Code, Commercial Code, Act on the Protection of Personal Information, Copyright Act, and other applicable laws and regulations.
- Registrants bear full liability for use of the Service. The Operator shall bear no liability for use by users, excluding cases specifically stipulated otherwise.
Article 6 Restrictions
- Registrants shall not engage in any of the acts below.
- Violation of these Terms;
- Illegal acts or those likely to violate laws;
- Infringing on or promoting the infringement on the rights of third parties;
- Acts the Operator deems interfere with the Service and/or servers on which it operates;
- Acts that violate public order and morals;
- Acts contributing to Anti-Social Forces;
- Other acts the Company deems inappropriate.
- Where the Operator finds any of the above prohibited conduct to have been engaged in by a Registrant, or deems said conduct to have been engaged in, the Operator reserves to, at its sole discretion, suspend or halt provision of the Service to the Registrant, revoke the Registrant’s account, and/or delete the applicable data from the server. The Operator waives all liability for damages to the Registrant per the above.
Article 7 Registrant liability
- Registrants bear sole liability for use of the Service (including but not limited to entry of names of athletes and judges and other procedures, applying mutatis mutandis below), and makes warranty to the Operator that the rights used by the Registrant on the Service do not infringe on the Intellectual Property Rights of third parties, or on other rights.
- The terms above notwithstanding, in the event of issues arising from use of the Service by a Registrant, the Registrant shall resolve the issue at its sole expense and discretion, with the Operator bearing no liability.
- Registrants are solely responsible for obtaining backups of data used by them on the Service. The Operator waives all liability for loss of data due to failure to perform backups.
- Where a Registrant causes damages to the Operator from use of the Service, the Registrant shall be liable for compensation (including applicable attorney’s fees).
- Where a Registrant causes damages to a third party through use of the Service, the Registrant shall compensate the third party at the Registrant’s sole expense and liability, with the Operator bearing no liability. In said case, where the Operator is subject to a claim for damages from a third party, the Registrant shall compensate the Operator for said damages (including applicable attorney’s fees).
Article 8 Disclaimers
- The Operator makes no warranty that Registrants obtain particular effects or benefits from use of the Service.
- The Operator makes no warranty that saving data created on the Service, accessing the Service, and/or use of the Service will not subject one to viruses or other malware. Registrants must use the site at their sole discretion and risk.
- The Operator waives all liability for disputes or issues arising between Registrants on the Service, or between Registrants and third parties (competitors, et cetera).
- The Operator waives liability for damages for causes not imputable to the Operator, including but not limited to force majeure and damages due to special circumstances, irrespective of whether the Operator could have predicted them, incidental damages, and loss of profit.
Article 9 Intellectual Property Rights
Intellectual Property Rights pertaining to the Site and Service vest with the Operator or the respective third party with legitimate rights thereto. Registrants must observe the Service usage rules so as to not infringe on the rights of other Registrants, the Operator, and third parties.
Article 10 Service suspension, halt, change, and termination
- Where the Operator deems it necessary for the installation of equipment for operation of the Service, for system maintenance, or where due to natural disasters or force majeure, the Operator reserves the right to temporarily suspend or halt the Service without prior notification to or consent from Registrants.
- The Operator reserves the right to change or terminate the service, in whole or in part, at its sole discretion and by notifying Registrants in advance of said action.
- The Operator shall bear no liability for damages sustained by the Registrant per clause 2 above.
Article 11 Revocation of registration
- Where any of the below apply to a Registrant, the Operator reserves the right to revoke the Registrant’s account without prior notice.
- Where the Registrant provided false information at the time of registration, or other circumstances under which the Registrant should not have been approved;
- Where there was serious negligence or betrayal;
- Where payment is suspended, or where the party is subject to provisional seizure, seizure, auction, bankruptcy proceedings, civil rehabilitation proceedings, corporate rehabilitation proceedings, or special liquidation proceedings;
- Where suspended from trading by a clearing house;
- Where in arrears on public taxes;
- Other serious incidents equivalent to the above for which continuation of these Terms or other agreements would be deemed difficult.
- Where a Registrant violates any other article or clause of these Terms other than those preceding and the Operator notifies the Registrant with due consideration of time, but the Registrant does not correct the default on debt, the Operator reserves the right to revoke the Registrant’s account.
- Where any of the items in Clause 1 apply, the Registrant forfeits the benefit of time for payment of monetary liabilities to the Operator, even where no advance notice was given, and shall pay said liabilities immediately.
- Users seeking to re-register after a previous revocation must re-apply. Users acknowledge that past data shall not be carried over after completion of re-registration procedures.
Article 12 Non-disclosure
The Operator and Registrant shall maintain with due care confidential information disclosed and/or provided by the other party through use of the Service and, except where prior written consent was given by the other party, not use said information for purposes other than use of the Service, and not disclose or provide it to third parties.
Article 13 Collection and analysis of Registrant data
- The Operator may make use of Registrant data that includes but is not limited to registration data and device data, doing so in a format by which the individual cannot be identified and for the purposes of statistical analysis or use on other services, or provision to third parties.
Article 14 Rejection of anti-social forces
- The Operator and Registrants make warranty herein that none of the items below apply now or will apply in the future to them.
- The party is an Anti-Social Force;
- Anti-Social Forces control the management of the party’s business;
- Anti-Social Forces substantively contribute to the management of the party’s business;
- The party unlawfully uses Anti-Social Forces, such as for the unauthorized profit of oneself, one’s company, or third parties, or to cause damages to a third party;
- The party provides funding to a Anti-Social Forces or found to be contributing to it, such as through providing benefits or favors;
- The officers or other parties substantively contributing to the management of the business engage with Anti-Social Forces or other censured groups;
- The party makes violent demands or uses threatening behavior, makes unreasonable demands beyond legal obligation, disseminates rumors, and/or discredits or disturbs the business of third parties, through deceptive methods and/or influence, irrespective of whether oneself or through third parties.
- Where a party to these Terms discovers that the other party has violated any of the representations and warranties above, the former party reserves the right to immediately terminate this agreement with no prior notice and seek compensation for damages sustained.
Article 15 Transfer of rights or position
The Operator and Registrant shall not transfer, sublease, pledge, or otherwise dispose of their rights and duties on and of the Service without the consent of the other party.
Article 16 Dispute resolution
In the event of issues concerning the interpretation of, or disputes over, these Terms or matters not stipulated herein, both parties shall collaborate in good faith in order to immediately resolve the issue.
Article 17 Jurisdiction
Litigation between the Operator and Registrant shall be adjudicated at the district court or summary court with jurisdiction over the area in which the Operator is headquartered acting as the exclusive court of first instance.
Article 18 Governing law
The interpretation of these terms shall be per the law of Japan.
Terms established: November 13, 2018