Website Terms of Use

All users (“User(s)”) of the photoncapital.co.jp website (the “Website”) operated by PHOTON CAPITAL LLC (the “Company”) and all visitors (“Visitors”) to the Website shall be deemed to have agreed to the following Terms of Use.

Users who are under age are required to obtain consent from a parent or guardian before using the Website.

Article 1 (Disclaimer of Warranty)

1. The Company makes no warranty as to the accuracy of the services provided on the Website (the “Services”) or the contents of the articles provided on the Website. In addition, the Company shall not be liable for any direct or indirect damages arising from the use of the Services by Users.

2. The Company makes no warranty that any information, articles, images, or other materials on the Website do not contain viruses or other harmful things, that third parties do not illicitly access the Website, or that the Website is otherwise safe.

Article 2 (Prohibition of Reproduction, etc. of Information)

1. All data, articles, images, and other materials that constitute this Website are the property of the Company and the creators of the images, etc.

Users may not reproduce images, data, or programs obtained from the Website on other websites, or in magazines or advertisements, unless the Company determines that there are special circumstances.

However, Visitors may reproduce and quote articles and sentences posted on this Website on other websites if they obtain permission from the Company.

2. If any information posted on the Website is reproduced without obtaining permission in violation of the preceding paragraph, the Company will take necessary measures (warning, filing a complaint, claiming damages, demanding an injunction, claiming for restoration of honor, etc.) against the violator in accordance with the Copyright Act.

Article 3 (Ownership of Rights)

1. All programs, software services, trademarks, and trade names that constitute the Website, as well as the rights to the services, products, and technologies generally associated therewith as provided by the Company and business partners of the Company belong to the right holders of the programs, etc., information providers, including the Company and business partners of the Company. Users, etc. shall not commit any act that infringes said rights, etc.

2. Users, etc. may not violate the rights to or otherwise remodel any program, or software, etc. that constitutes the Website.

3. In the case where any dispute arises in violation of the provisions of this Article, the User, etc. who committed the violation shall resolve the dispute at his/her own expense and responsibility, and hold the Company harmless in any event.

Article 4 (Compensation for Damage)

1. If a User, etc. causes any damage to a third party including the Company or any business operator, etc. with which the Company has a business partnership by violating these Terms of Use, any rules or guidelines within the Website or any provisions of laws and regulations, he/she shall be liable to compensate for said damage and shall in any case indemnify the Company and any third party including the business operators, etc. with which the Company has a business partnership.

2. Any User, etc. who has caused damages to the Company, a business operator, etc. with which the Company has a business partnership, or a third party by violating Article 3 shall be obliged to compensate them for all damages.

Article 5 (Temporary Suspension of Services)

1. The Company may temporarily suspend the provision of Services without prior notice to Users in the following cases.

The Company shall not be liable for any loss or damage caused, directly or indirectly, to Users or any third parties due to suspension of Services, regardless of the details or form of such loss or damages.

1.1 Maintenance, inspection and repair are performed on the system at our office in order to maintain the Services in good working order.

1.2 The Services cannot be provided due to a fire or power outage.

1.3 The Services cannot be provided due to a natural disaster, etc.

1.4 Temporary suspension of the Services is required for operational or technical reasons.

2. If the Company temporarily suspends the Services for a reason set forth in the preceding paragraph and it determines that it is difficult to continuously provide the Services, it may terminate the Services without giving any notice to Users, etc., notwithstanding the provisions of Article 6.

Article 6 (Termination of Services)

1. The Company may terminate Services by giving Users fourteen (14) days’ notice.

2. The notice of termination of Services under the preceding paragraph shall be made by the Company to Users and Visitors by posting a notice on the Website.

3. In no event shall the Company be liable to Users or third parties for any loss or damages incurred by them, directly or indirectly, as a result of the termination of Services under Paragraph 1, regardless of the details or form of such loss or damages.

Article 7 (Jurisdiction, etc.)

1. If any dispute arises between the Company and a member or User in connection with these Terms of Use, both parties shall consult with each other in good faith.

2. If the dispute cannot be resolved through consultation under the preceding paragraph, it shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

3. These Terms of Use shall be governed by the laws of Japan.

Article 8 (User’s Acts)

1. When a User sends and receives information using the Website, the User shall be responsible for the details of the information sent or received.

2. The Company provides the Services to Users via the Internet. Any and all devices, means of communication, software, etc. used to connect to the Internet must be properly installed and operated by the User at his/her own responsibility and expense. The Company shall not be responsible for said operation, etc.

3. Users agree that communication expenses, etc. are separately required to use or view the Services depending on their Internet connection environment, etc. and they shall bear all the communication expenses, etc. required to use or view the Services.

4. Users acknowledge in advance that part of the Services may not be available for viewing or use due to their Internet connection environment, etc.

Article 9 (Amendments to these Terms of Use)

The Company may amend these Terms of Use for the Company’s convenience without prior notice. Users shall check the contents of these Terms of Use each time when using the Website. If the user uses the Services after amendment, he/she shall be deemed to have agreed to the amendment. In no event shall the Company be liable for any damages caused to a User or a third party, directly or indirectly, due to the failure to check this page, regardless of the details or form of such damages.

Privacy Policy

Article 1 (General Provisions)

PHOTON CAPITAL LLC (the “Company”), the operator of photoncapital.co.jp (the “Website”), shall respect the privacy of the users of the Website (“Users”) and shall exercise the utmost care in managing the personal information of Users.

The Company has established the following policy to responsibly protect the personal information of Users, and shall implement, maintain and continuously improve the policy. The Company will comply with laws, regulations and other codes concerning the protection of personal information.

Article 2 (Personal Information)

As used in this privacy Policy, “Personal Information” means information about a living individual that can identify a specific individual such as name, address, telephone number, mail address, and other descriptions etc. contained in the information (including information that can be easily collated with other information to thereby identify a specific individual).

Article 3 (Collection of Personal Information)

The Company shall obtain Personal Information by lawful and fair means and shall not obtain the same unlawfully against the User’s will.

If the Company collects Personal Information, it shall notify or publicly announce the purpose of use in advance.

Article 4 (Use of Cookies by the Company)

The Company may collect preference and history information and other information about Users’ privacy from cookies, IP addresses, etc.

Users can reject the use of cookies, etc. by the Company by deactivating cookies, etc. in the browser settings. However, such Users should note that if cookies are deactivated, there may be some problems when checking the usage status of Services.

Article 5 (Purpose of Use of Personal Information)

The Company shall use Personal Information, etc. collected from Users for the following purposes:

1. To answer and reply to inquiries and consultations from Users;

2. To send quotations, invoices, or materials in response to requests for quotations from Users;

3. To ask Users to provide opinions and feedback about the Company’s Services;

4. To warn or alert a user who has violated or is likely to violate any rules, etc. within the Website; or

5. To require Users who owe obligations to the Company to perform the obligations.

Article 6 (Provision of Personal Information to a Third Party)

The Company shall not disclose or provide collected Personal Information, etc. to a third party in accordance with the Personal Information Protection Act and the Certified Administrative Procedures Legal Specialist Act. However, this does not apply in any of the following cases:

1. The disclosure of Personal Information is permitted by laws and regulations;

2. The disclosure of Personal Information is required by laws and regulations;

3. The disclosure or provision of Personal Information is required to protect the life, body, or property of an individual and it is difficult to obtain consent to the disclosure or provision from the relevant User; or

4. The disclosure of Personal Information is requested by public organizations such as police, prosecutors, courts, or consumer centers.

Article 7 (Management of Personal Information, etc.)

The Company shall strictly manage Personal Information, etc. in accordance with the Personal Information Protection Act and the Certified Administrative Procedures Legal Specialist Act and strive to keep it confidential. However, the Company makes no warranty to the User that information will be completely prevented from being divulged, lost, or falsified by others.

Article 8 (Maintenance of the Currentness and Accuracy of Personal Information)

The Company shall strive to keep Personal Information, etc. of Users accurate and up to date to the extent necessary for the achievement of the purpose of use.

Article 9 (User Inquiries, etc.)

If a User makes an inquiry about his/her Personal Information to the Company, or requires the Company to make corrections, additions, deletions, or discontinue the use of, or completely delete his/her Personal Information, the Company shall check his/her identity.

If the Company determines that the inquiry, etc. is made by the User himself/herself, the Company shall respond to the inquiry, etc. within a reasonable period.

Article 10 (Change of Purpose of Use, etc.)

Changes to this Privacy Policy such as changes in the purpose of use and the management method of Personal Information shall take effect when the Company posts the changed Privacy Policy on this Website.

Article 11 (Disclaimer)

The Company shall in no event be liable for any acquisition of the User’s Personal Information by a third party if:

1. The User discloses his/her personal information to a third party using the functionality of the Website or other means;

2. The User confirms the acquisition of his/her Personal Information by said third party; or

3. The User’s Personal information is obtained from another website linked with the Website.

The Company assumes no responsibility for protecting privacy on any websites linked with the Website. In the case that a User visits any websites linked with the Website, he/she shall do so at his/her own responsibility.

Article 12 (Chief Administrator)

The Chief Administrator, who is responsible for the management of Personal Information at the Company, shall be the following person. This person shall also be the point of contact for inquiries regarding Personal Information.

Corporate Name: PHOTON CAPITAL LLC

Address: 13F Shibuya Cross Tower, 2- 15 -1 Shibuya, Shibuya City, Tokyo

Tel: 03-6455-4465

Email: contact@photonjapan.com