Terms Of Service - must follow the rules specified in a ToS

Townary GLOBAL WEBSITE TERMS OF USE

These Terms of Use (the “Terms”, “Terms of Use”) applies to https://townary.com/, the website (our “Service”, our “Site”) operated by Townary (“Townary”,”us”, “we”, or “our”). Please read these Terms of Use carefully before you start to use our Site, as these will apply to your use of our Site. By using our Site, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, please refrain from using our Site.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use our Site.

1. SECURITY

Our Site uses SSL(Secure Sockets Layer protocol)to protect your personal information. SSL is a security function for the purpose of protecting personal information and other important information exchanged over the Internet from interception by third parties.

2. PERSONAL INFORMATION

Our Privacy Policy applies to use of our Site, and the Terms are made a part of these Terms of Use by this reference. To view Our Privacy Policy, click here (Privacy statement or Privacy statement for GDPR).

3. COOKIES

Our Cookie Policy applies to use of our Site, and the Terms are made a part of these Terms of Use by this reference. To view Our Cookie Policy, click here.

4. DUTIES OF OUR SITE USER

In accessing or using our Site, you shall not:

harm other persons, in particular minors, or infringe their personal rights;

breach public morality in its manner of use;

violate any intellectual property right or any other proprietary right;

upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;

transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or

distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

We may deny access to our Site at any time, in particular if you breach any obligation arising from these Terms of Use.

We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

5. LINKING TO OUR SITE

Operators of other websites are, as a general rule, free to include links to our Site. However, we assume no responsibility for the content of any third-party websites linked to or from our Site. The scope of our Site is limited to pages with the domain name “nttdata.com”. Links to pages outside this scope should be made only after confirming the policy of the respective sites.

The following practices are strictly forbidden.

Linking to our Site from a website with content slanderous of or otherwise injurious to the company or its products or harmful to its reputation.

Linking to our Site from a website with content that goes against the public order and morals.

Linking to our Site from a website containing illegal content, or involved in or likely to be involved in illegal activity.

Using a frame or other means to disguise the fact that the displayed content is from our Site.

6. CORPORATE LOGO GUIDELINES

Use of the Townary Corporate logo shall be agreed to abide by the following guidelines.

The logo GIF image shall be used only for linking to our Site.

The user shall acknowledge the rights of Townary to the logo and shall make no claims regarding those rights.

Use of the Townary logo to link to our Site does not entitle the owner of the linking website to any privilege or consideration by Townary, nor shall any such representation be made.

The logo GIF image shall be used exactly in the form provided, without making any alterations.

We reserve the right to discontinue allowing the use of Townary Corporate logo at any time, and has the right to alter its shape and design.

When using the Townary Corporate logo GIF image for making links to our Site, please observe the following use conditions and guidelines.

You must use the following HTML code and refer to us as either “Townary” or “Townary LLC” when using the Corporate Name to link to our website.

<a href=”https://townary.com/”>Townary</a>

7. DISCLAIMERS

The content on our Site is provided for general information only. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

We may update and change our Site from time to time. We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons.

We are not responsible for websites we link to. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

By using our Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

We will not be liable to you for any loss or damage, arising out of or in connection with your access to, or use of our Site, its features or any information made available through our Site, even if advised in advance of such damages or losses, to the extent permitted by applicable law.

WE DO NOT PROMISE THAT OUR SITE OR ANY CONTENT, SERVICE OR FEATURE OF OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SITE WILL PROVIDE SPECIFIC RESULTS. OUR SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OUR SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR SITE AND/OR ANY OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SITE OR ANY CONTENT IS TO STOP USING OUR SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

We reserve the right to do any of the following, at any time, without notice:

to modify, suspend or terminate operation of or access to our Site, or any portion of our Site, for any reason
to modify or change our Site, or any portion of our Site, and any applicable policies or Terms
to interrupt the operation of our Site, or any portion of our Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Townary be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.

9. INDEMNITY

You agree to indemnify and hold Townary, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of our Site.

10. INTELLECTUAL PROPERTY RIGHTS

Unless specifically stated to the contrary, copyright, trademark, brand names and other contents of all documents, images, pictures, software, and other content provided on our Site (“Intellectual Property”) belongs to Townary Corporation or to third parties that have granted rights thereof to Townary. The handling or use of the Intellectual Property is subject to Townary Copyright Policy. To view Our Townary Copyright Policy, click here.

11. MISCELLANEOUS

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Townary with regard to your use of our Site, and any and all other written or oral agreements or understandings previously existing between you and Townary with respect to such use are hereby superseded and cancelled. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

12. APPLICABLE LAWS AND JURISDICTION

These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of USA, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded. Except where otherwise stipulated, you hereby irrevocably consent to the exclusive jurisdiction of the Tokyo District Court in any and all disputes, controversies or differences arising out of and/or relating to this Sites.