* The original text of these terms and conditions are written in Japanese, and the English translation attached here is merely for reference only, and this English translation does not bind the parties at all.
The "nomyne" Service Terms and Conditions (the "Terms and Conditions") shall be set forth for the smooth and appropriate operation of the “nomyne” service (the "Service") provided by GMO BRAND SECURITY Inc. ("GMO BRS") and shall apply to any and all grounds arising from the use of the Service between GMO BRS and the users of the Service (the "User"). The User shall confirm the contents of the Terms and Conditions before applying for the Service and shall be regarded as having understood and consented to the contents of the Terms and Conditions when applying.
1. GMO BRS shall provide the Service to the User in accordance with the Terms and Conditions and the User shall use the Service in accordance herewith.
2. GMO BRS and the User (the"Parties") shall faithfully fulfill the obligations assumed under the Terms and Conditions and shall cooperate with each other to promote the Service.
1. The main functions of the system to be provided through the Service to the User as an online naming brand support service (the "System") shall be as follows. Provided, however, that the Services as set forth in Item 2 of this paragraph shall not be provided within the EEA area.
(1) Brand Power research function (a mechanical survey based on certain algorithms and particular databases including open databases, for the purpose of independently measuring the availability of a character string designated by the User as a brand name.)
(2) A function to request patent attorneys via online for a series of procedures relating to trademark applications or registration, renewals, and other procedures.
2. The Service is intended to provide the System to the User, and even at the request of the User, GMO BRS shall not be allowed to handle businesses that are to be performed only by experts with official qualifications under the Patent Attorneys Act(Act No. 49 of April 26, 2000), the Attorney Act(Act No. 205 of June 10, 1949), and other laws and regulations.
3. The delegation relationship on the procedures of trademarks applied by the User through the System shall occur directly between the User and the patent attorney selected by the User on the Request Form.
1. In the event the User applies for the Service, the User shall apply according to the application process by GMO BRS.
2. Upon application for the Services, the User shall confirm all the contents of these Terms and Conditions. In the event that the User applies for the Service, the User shall be deemed to have agreed to the Terms and Conditions. These Terms and Conditions fall under standard terms of contract set forth in Article 548-2 of the Civil Code of Japan, and if the user of the Service agrees to make these Terms and Conditions the contents of the contract by applying for the Service, it shall be deemed that the User has also agreed to the individual provisions of these Terms and Conditions. In the event that the User uses the Service, the User shall separately agree to the Terms and Conditions of "GMO Sign" (https://www.gmosign.com/) and GMO BRS shall send the User a GMO Sign Free Account by email. The User shall view and manage these Terms and Conditions with GMO Sign.
3. In the event that the User of the Service is a corporation and an officer or employee of such corporation applies for the Service with respect to such corporation, such officer or employee shall be deemed to have legitimate authority for such application.
2. Notwithstanding the preceding paragraph, in the event that the User requests trademark procedures to a patent attorney through the Service, the User shall pay a fee notified on each Request Form to the patent attorney in charge of the procedures.
3. The payment set forth in the preceding two paragraphs shall be made by means of a settlement by credit card managed by the User using the settlement agency service provided by the Partner Company, respectively.
1. GMO BRS shall issue a user ID and password (hereinafter collectively referred to as the "Account") to the User, and the User shall retain the same.
2. The User shall not assign or lend the Account to a third party. The User shall assume any responsibility arising from the assignment or loaning of the Account to a third party contrary to this provision.
3. The User shall endeavor to prevent unauthorized use of the Account and shall assume all responsibility for the management thereof.
4. GMO BRS shall not be liable for any damages to the User caused by the use of the User's Account by a third party unless GMO BRS are willfully or grossly negligent. p>
1. When using the Service, the User shall not engage in any of the following acts or acts that may fall hereunder.
(1) Acts that infringe copyrights, trademark rights and other intellectual property rights and other rights and property of GMO BRS or a third party.
(2) Acts that infringe portrait rights or the privacy of GMO BRS’ employees or a third party.
(3) Acts that cause disadvantages or damages to GMO BRS or a third party.
(4) Acts of selling or acquiring personal information of a third party.
(5) Acts that unjustly discriminate, slander or insult GMO BRS or a third party, or acts that encourage them.
(6) Acts that defame the credit or reputation of GMO BRS or any third party, or of services, including the Service, GMO BRS, or any provided by a third party.
(7) Acts contrary to public policy or morality or encouraging such acts.
(8) Act of displaying datum contrary to public order or morality.
(9) Acts in violation of laws, cabinet orders, ministerial decrees, rules, commands or ordinances, or rules, articles, policies, or guidelines for transactions relating to the business of members or the provision of the Service (hereinafter collectively referred to as "laws and regulations"), or the Terms and Conditions, or agreements with GMO BRS.
(10) Acts such as displaying information that is contrary to or is likely to be contrary to the facts.
(11) Acts of fraudulently altering or erasing information displayed by GMO BRS or a third party.
(12) Any act of impersonating a third party to use the Service or displaying information, etc.
(13) Use of the Service for unauthorized purposes.
(14) Acts of using or displaying harmful programs, such as computer viruses, through the Service or in connection with the Service.
(15) Acts that interfere with the operation of the Service and other services GMO BRS provides.
(16) Acts of sending advertisements or solicitation emails to a third party without obtaining prior consent, or acts of sending emails that cause or are likely to cause disgust to a third party under general societal terms.
(17) Acts that interfere with the use or operation of GMO BRS’ or third party’s facilities, etc.
(18) The act of using the Service to provide or resell the same services as the Service, associated services, and other services as those provided by GMO BRS.
(19) Use of the Services by registration of false information or by false declaration.
(20) The act of having a third party perform the acts specified in the preceding items or the act of encouraging a third party to perform the acts specified therein.
(21) In addition to the preceding items, conduct that GMO BRS judges to be inappropriate.
2. Users shall be responsible for damages caused to GMO BRS or a third party as a result of the User's violation of the prohibited matters set forth in the preceding paragraphs.
1. The User shall register their contact information (in the case of an individual, the name and the address registered as a resident, telephone number, email address, in the case of a corporation, the registered corporate name, the principal place of business and the name of the representative, the name of the person in charge, telephone number, email address, and the identification number issued by Japanese Patent Office) through the System as necessary for the use of the Service.
2. The User shall agree that the information shall be obtained, managed and used by GMO BRS for the purpose of notifying the User about the Service, or a patent attorney for the purpose of notifying the User about the trademark procedure, and submitting the same to the Patent Office as the applicant information upon filing an application. In the event of any change in the contact information, the User shall promptly notify GMO BRS.
3. GMO BRS is not responsible for damages caused under following cases where the User fails to register and notify the preceding two paragraphs or the contents thereof were inaccurate.
(1) In the event that the procedure at the Patent Office or the formation and exercise of the rights of the User interfered.
(2) In the event that the notice from GMO BRS has been delayed or failed.
1. GMO BRS may temporarily suspend the provision of the Service without prior notice to the User in the event of any of the followings:
(1) In the event of a disorder or failure of a server, telecommunication line or other equipment.
(2) Maintenance, inspection, repair, or modification of systems (including telecommunication lines, power supplies, buildings containing them) shall be performed (provided, however, that periodic maintenance shall be notified in advance on this service).
(3) In the event that it becomes impossible or extremely difficult to provide the Service due to fire, power outage, etc.
(4) In the event that it becomes impossible or extremely difficult to provide the Service due to natural disasters such as earthquakes, volcanic eruptions, floods, tsunamis, or other force majeures.
(5) In the event that GMO BRS determines that it is necessary to suspend this service for operational or technical reasons.
2. GMO BRS shall not be liable for any damages caused to the User or a third party due to the suspension of the Service for any of the reasons listed in the preceding paragraph.
1. GMO BRS hereby precludes all liability for damages from the addition or change of the System specifications, or suspension or termination of the Service, except in the case of willful misconduct or gross negligence on the part of GMO BRS. The same shall apply in the event of a decrease in display speed or failure due to excessive access or other unexpected factors.
2. GMO BRS hereby precludes all liability for any loss of information registered or provided through the System, except in the case of willful misconduct or gross negligence on the part of GMO BRS.
3. GMO BRS does not guarantee the usefulness, integrity and accuracy of the information which the User can obtain through the Service.
4. The information that GMO BRS provides to the Users through the Brand Power research function does not, in any way, fall within the category of appraisal provided for in Section 72 of the Attorney Act and Section 75 of the Patent Attorney Act of Japan.
5. GMO BRS accepts no responsibility for the integrity or accuracy of the data entered on the Service by the User.
6. GMO BRS do not warrant, irrespective of the results of the Brand Power research, that no interim proceedings occur or registrability of the Trade Marks in the event of the filing of a trademark application for a string of characters searched in the Service from the perspective of the limitation on technology of the database used for the Service and the trademark registration system itself.
7. In the event that a dispute arises between the User and a patent attorney or other third parties (the "patent attorney, etc.") with regard to the procedures on trademark application or registration, etc. for the character string for which the research was conducted, GMO BRS shall not be responsible for voluntarily resolving the dispute. Provided, however, that GMO BRS shall cooperate to the extent reasonable with the User in providing information required for the institution of lawsuit or prosecution of litigation or in contact patent attorney, etc.
1. The parties shall represent and warrant followings:
(1) They are not anti-social forces (organized crime groups as defined in the Act on Prevention of Unjust Acts by Organized Crime Group Members and related organizations, etc.)
(2) They are not anti-social forces.
(3) They did not utilize anti-social forces.
(4) They do not defame the reputation or credit of the other party by, for example, taking advantage of anti-social forces, or that they do not interfere with business.
(5) They do not make unreasonable demands, and that their principal investors or laws and employees are not members of anti-social forces.
2. In the event a party discovers a breach of the preceding paragraph, it shall immediately report such fact to the other party.
3. In the event the other party breaches Paragraph 1, the party may immediately terminate all or part of the Agreement relating to the Service without notice or any other procedure.
1. The parties shall not use the technological and business facts and information of the other party (the "Confidential Information") that they have come to know in the course of the operation or use of the Service for purposes other than the operation of the Service and the fulfillment of obligations under the Terms and Conditions.
2. The parties shall maintain the Confidential Information with a fiduciary duty and shall not disclose to any person other than officers and employees who need to know the Confidential Information for the purpose of fulfilling their obligations under the Service or the Terms and Conditions, or patent attorney delegated by the User through the Service, without the prior consent of the other party. Provided, however, that this shall not apply to the case where the person who received the Confidential Information (the "Recipient") can prove to the person who disclosed the Confidential Information (the "Discloser") that the Confidential Information falls under any of the following items:
(1) In the event that it was already in the public domain at the time the Confidential Information was obtained by the Recipient.
(2) In the event that the Information becomes publicly known after the Confidential Information was obtained by the Recipient through non wrongful act of the Recipient.
(3) In the event that the information recipient acquires information from a third party without any obligation of confidentiality before or after obtaining such Confidential Information, or creates such information independently without relying on the Confidential Information.
(4) In the event that the Discloser has granted written permission to the Recipient to disclose said Confidential Information or to use said Confidential Information for any purposes other than the purpose.
(5) When the Recipient receives a claim for information disclosure based on the rules of laws and regulations from a public organization such as a judicial or administrative organization or an auditing corporation and discloses the information in accordance with the request.
3. Notwithstanding the preceding two paragraphs, we may disclose a part of the User's registration information to the payment agency business operator of the partner for the purpose of inquiring the status of the User's payment. Provided, however, that the payment information pertaining to the usage fee shall be provided directly from the User to the relevant business operator through the payment agency service system of the Alliance Business Operator, and we shall not retain such payment information.
1. Upon performing the Service, GMO BRS shall pay attention not to conflict with the industrial property rights, copyrights and other rights held by third parties (the "third party rights").
2. In the event that the rights of a third party are infringed or there is a specific possibility of infringement in the provision of the Service, we shall immediately notify the User to that effect and endeavor not to inflict any damage on the User. Provided, however, that this shall not apply if the conflict with the rights of a third party results from a reason attributable to the User.
Neither party may assign, sell, pledge, encumber or otherwise convey any part of its rights and interests in this Agreement to the Third party without prior written (including email) consent of the other party.
In the event that any of the following occurs or is likely to occur to either party, the party shall immediately notify the other party of such fact in an appropriate manner in the Service.
(1) Name, trade name, representative, address, location of head office/sales office in charge, and other important organizational changes.
(2) Assignment of business related to the Service and other material changes of organization.
(3) Matters set forth in items 1 to 7 of Article 16.
1. In the event that either party falls under any of the following items and a reasonable period has elapsed after giving a written notice (including email) to this party, the other party shall be entitled to terminate the Contract with respect to the Service, and may claim compensation for damages incurred at the same time if the applicable situation has not been rectified.
(1) Any breach of the Terms and Conditions without due cause.
(2) Any other act which significantly does not comply with the principle of faith and trust.
2. In the event that the User proposes to release the Agreement relating to the Service, the User shall pay the amount specified in the Service Plan for the completed part of the Service. Or the User shall bear the costs already incurred or determined to arise at the time of termination for the part of the Service for which the Service has not been completed.
In addition to the preceding article, the party may immediately terminate the Contract in whole or in part without giving any notice to the other party, if any of the following events occur to the other party, and in the event of any damage, the provisions of Paragraph 1 of the preceding article shall apply mutatis mutandis, and the other party may claim compensation for such damage.
(1) The other Party becomes unable, or admits to its creditors its inability, to pay its debts generally as such debts become due.
(2) A petition is filed for attachment, provisional attachment, provisional disposition, auction sale, or judicial enforcement with respect to the other party’s assets.
(3) A petition is filed by or against the other Party for the institution of proceedings for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation.
(4) In the event of a resolution for dissolution, merger, corporate demerger, capital reduction, assignment of all or a significant part of business, etc., or dissolution without a resolution.
(5) When the other party is penalized by revocation or suspension of its business license by a regulatory agency. Provided that cases where these dispositions do not affect the performance of the obligation for this service are excluded.
(6) When the Credit/Financial Condition has significantly deteriorated or when there has been a business change that has a significant adverse impact on the Credit/Financial Condition.
(7) In the event that there is an objective and reasonable possibility that any of the events listed in the preceding items occurs.
In the event that the party sustains damages as a result of the other party breaching the Terms and Conditions, the party can request compensation from the other party in breach up to the amount the User paid for the service. Provided that the party in breach is intentionally or grossly negligent, such limitation shall not be applied.
Headings in this Terms and Conditions are solely for convenience and shall not affect the interpretation hereof.
This Terms and Conditions constitutes the entire agreement between the parties hereto and supersedes any prior arrangement or understanding relating to the subject matter contained herein.
1. Pursuant to Article 548-4 of the Civil Code of Japan, in the following cases, GMO BRS may, by amending the Terms and Conditions, deem that the amended Terms and Conditions have been agreed upon, and may change the contents of these Terms and Conditions without individual agreement with the User.
(1) The amendment of the Terms and Conditions is in conformity with the general interests of the User.
(2) The amendment of the Terms and Conditions is not inconsistent with the purpose for which the contract was concluded, and is reasonable in light of the necessity of the amendment, the appropriateness of the amended contents, and other circumstances pertaining to the amendment.
2. In the event the Company changes these Terms and Conditions pursuant to the provisions of the preceding paragraph, the Company shall specify the effective date and make the contents of the amendment and the effective date of the amendment known to the Company by an appropriate method, such as by indicating on the website the Services.
3. GMO BRS shall not be liable for damages or any other consequences that may arise to the User or any other third party as a result of the amendment of the Terms and Conditions.
1. The Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
2. In the event that a party requires to file a lawsuit, conciliation, etc. with respect to the fulfillment of obligations or compensation for damages in the Service, the exclusive jurisdictional court of the first instance shall be the Tokyo District Court of Japan, regardless of the amount in controversy.
Even after the provision of the Service has been terminated, Article 11, Paragraph 1 and 2 (Prohibition of Use for Other Purposes, Confidentiality), Article 13 (Prohibition of Assignment of Rights and Obligations, etc.), Article 17 (Compensation for Damages), Article 21 (Governing Law, Agreed Jurisdiction) and this Article shall not lose their validity.
In the event of any question as to the interpretation of any matter or provision which is not stipulated in these clauses, the parties hereto shall consult with each other in good faith and determine the same.
The Terms and Conditions shall take effect on October 30, 2018.
Established October 30, 2018
Article 3 added, and Articles 2, 4, 6, 9, 11, 14, 16, 20 and 21 changed on June 11, 2021
Preamble revised due to change in business name on May 11, 2022