Terms of Use of Society Membership Organization and Operation SYstem (SMOOSY)

SMOOSY stands for the society membership organization and operation system provided by ATLAS Co., Ltd. This system is operated by The Japan Society of Mechanical Engineers under the contract entered into with ATLAS Co., Ltd. When using SMOOSY (hereinafter referred to as the “Service”), users are required to agree to the Terms of Use (hereinafter referred to as the “Terms”) set forth below. At the moment of using the Service, users are considered to have agreed to all the contents set forth in the Terms. The Terms may be changed at the discretion of The Japan Society of Mechanical Engineers (hereinafter referred to as the “Society”). Therefore, users are requested to check the most up-to-date version of the Terms.

Article 1 Definition and Registration of User

A user of the Service means a registered user. A registered user means a user who has entered and transmitted data that include the contents necessary for a user registration, or a user who has registered to the Service by the Society. The registered user may use the Service within the range set by the Society. Those who wish to use the Service may apply to the Society for the registration as a user of the Service by agreeing to comply with the Terms as well as by providing certain information (hereinafter referred to as the “Registered Information”) specified by the Society in the manner designated by the Society. A user shall be solely responsible for the contents of the Registered Information of the user. A user may change own Registered Information at any time.

Article 2 Instructions for Use

Users shall, at the user’s own responsibility, manage and keep their email address and password necessary to use the Service. A user may not assign, lend, or otherwise change the ownership of their email address and password to any third party under no circumstances. In the event of theft, loss, misapplication, unauthorized use, by a third party, or any other similar cases, the Society shall not assume any responsibility for damage arising therefrom. In the event that the Service is used via a user’s email address and password, Services are deemed to have been used by the user even if the Service is used or misused by any third party other than the user. If any fee relating to packet communication from computers, portable terminals or other similar devices is incurred in connection with the use of the Service, such communication fee shall be borne by the user. The Service includes links to external websites, which also include websites that are not controlled by the Society. Users shall use such linked websites at users’ responsibility in accordance with terms and conditions specified by the respective websites.

Article 3 Use of Cookies

The Service uses cookies for the enhancement of user convenience, as well as for user authentication. Cookies may be also used at other linked websites displayed on the Service. In this case, the cookies at other websites will be used in accordance with the policies of operators of the respective websites.

Article 4 Personal Information

The Society shall properly handle personal information pursuant to the Personal Information Protection Policy. The Society shall not, without the consent of users, disclose the personal information of users to any third parties/persons other than business partners with whom the Society entered into a confidentiality agreement; provided, however, that the Society may disclose personal information in the following cases:

  1. Cases where the Society reasonably considers that disclosure is necessary pursuant to laws and regulations
  2. Cases where there is a need to protect a human life, body, or fortune, and when the Society considers that it is difficult to obtain a principal’s consent
  3. Cases where there is a special need to enhance public hygiene or promote fostering healthy children, and when the Society considers that it is difficult to obtain a principal’s consent
  4. Cases where there is a need to cooperate in regard to a central government organization or local government, or a person entrusted by them performing affairs prescribed by laws and regulations, and when the Society considers that there is a possibility that obtaining a principal’s consent would interfere the performance of the said affairs
  5. Cases where the Society considers that it is necessary to transfer personal information for the continuance of the Service because of the change in the subject of the Service caused by a merger or other reason

Article 5 Copyrights and Other Intellectual Property Rights

The texts, images, photographs, and other intellectual property rights contained in the Service shall belong to the Society. Any and all authorities and rights contained in copyrights, patent rights, trademark rights, and other intellectual rights relating to software, the use of which is authorized under the Service, shall belong to Atlas Co., Ltd. Users may use such information only for personal purposes. When using the Service, if a user infringes any copyright, patent right, trademark right or other intellectual property right of the Society and Atlas Co., Ltd., and causes damage, the user shall compensate the Society for such damage. A user shall represent and warrant to the Society that a user lawfully has a right to register and otherwise transmit registration data by him/herself and that the registration data do not infringe the rights of third parties. A user shall authorize the Society to edit the data registered by the user. The Society shall not assume any responsibility for the provisions on and handling of copyrights and other intellectual property rights to data registered by the user and for problems regarding copyrights and other intellectual property rights, and in the event of any problems with the Society, other users, or other third parties, the user shall resolve such problems at the user’s responsibility and expense.

Article 6 Prohibited Matters

In using the Service, the Society prohibits users to conduct any act that falls or is likely to fall under following acts:

  • Any act that violates the Terms and laws and regulations
  • Any act that is contrary to public order or morality
  • Any act that may lead to a criminal act or that recommends or encourages a criminal act
  • Any act that disparages or defames other users or third parties or that gives disadvantages to other users or third parties
  • Any act that infringes the copyrights and other intellectual rights of the Society or third parties
  • Any act that infringes the property, privacy, or other rights of the Society or third parties
  • Any act that gives disadvantages to the Society or third parties
  • Any act that disparages or defame the Society or third parties
  • Any act that enters false information when registering information in using the Service, including user registration procedures
  • Any act that uses an email address and password improperly
  • Any act that has any third party use own or other registered user’s ID and password or that falls under the categories of lending, assignment, ownership change, or buying or selling of such ID and password
  • Any act that pretends to be any other person
  • Any act that attacks the Service by improper act and any act that burdens the system of the Service on purpose
  • Any intentional improper act that has impact on the operation of the Service
  • Any act that creates financial interests
  • Any act that persuades to join organization, services, or activities that have nothing to do with the Service
  • Any act that conducts advertising, promotion, and solicitation against third parties without permission of the Society
  • Any other act that is deemed to be improper according to commonly accepted norms
  • Any other act that is deemed inappropriate by the Society

Article 7 Suspension of the Service

If any of the following cases applies, the Society may suspend or discontinue the whole or part of the Service without prior notice to registered users:

  • When the Society implements the regular or emergency inspection or maintenance of the computer system relating to the Service
  • When the use of lines, such as computer lines and communication lines, is suspended due to an accident
  • When the Society is unable to operate the Service due to force majeure, such as fire, power failure, or natural disasters
  • When any problem arises, the suspension or discontinuation of the provision of services, the discontinuation of cooperation with the Service, change in specifications, or any other similar event occurs with respect to external cooperation systems
  • In addition to the foregoing, when the Society determines the suspension or discontinuation of the Service

The Society may terminate the provision of the Service for the convenience of the Society. The Society shall not assume any responsibility for damage suffered by users due to measures implemented by the Society pursuant to this Article.

Article 8 Disclaimer

The Society shall not assume any responsibility for damage suffered by users or third parties caused by the delay or discontinuation of the provision of the Service for any reason. The Society shall not assume any responsibility for damage arising from the registration, refusal of registration, or cancellation of registration to the Service by users, or other similar reasons. The Society shall not assume any responsibility for the accuracy, fitness for particular purpose, or other similar aspects of information and other contents. The Society shall not assume any responsibility even for damage arising out of information and other content obtained through the provision of the Service. In the event of any dispute between a user and other users or other third parties with respect to the handling of information, services, registered data through the Service, the user shall resolve the dispute at the user’s responsibility and expense and shall not cause damage to the Society. The Society shall not assume any responsibility for any act conducted by a user that disturbs other users or other third parties. The Society shall not assume any responsibility for any problem arising in connection with the disclosure of the Registered Information of any registered user pursuant to paragraph 2 of Article 4. If the Society determines that the transmission of information by a registered user in the Service falls or is likely to fall under any of Article 7, the Society may, without giving prior notice to such registered user, temporarily suspend the use of the Service by the registered user, or cancel the registration as a registered user. In addition, the Society shall not assume any responsibility for damage suffered by the registered user caused by the measures implemented by the Society pursuant to this paragraph.

Article 9 Compensation for Damage

If a user breaches the Terms or otherwise causes damage to the Society and any third party in connection with the use of the Service, the user shall compensate for such damage suffered by the Society and the third party.

Article 10 Cancellation, etc. of Registration

If a registered user falls under any of the following matters, the Society may, without giving prior notice or warning, temporarily suspend the use of the Service by the registered user, cancel the registration as a registered user, or terminated the user contract:
If a registered user breaches any of the provisions of the Terms, or if the Society determines that the use of the Service, registration as a registered user, or the continuation of the user contract is not appropriate.

Article 11 Governing Law and Jurisdiction

The Service shall be governed by the laws of Japan, and any and all disputes arising out of or in connection with the Service shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court or Tokyo Summary Court in the first instance.

Article 12 Resolution through Consultation

Any matter not provided for in the Terms or any doubt arising from the interpretation of the Terms shall be promptly resolved through mutual good faith consultation.

Supplementary Provision
Established on March 1, 2018