Last modified on September 20, 2020

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In these Terms of Use, the terms "we," "us," "its," and "our" refer to Pro-Tone Technologies Co., Ltd. ("Pro-Tone"), while "you" and "your" denote you, the user of our services. This legal notice governs the entire content of the Website, which includes, but is not limited to, all information, text, graphics, sounds, music, videos, interactive elements, images, and any other materials uploaded, downloaded, or displayed on the Website. These contents are collectively referred to as the "Materials." This notice applies to the Website located at https://www.p-tone.com, and encompasses all email correspondence between Pro-Tone and you.

 

By utilizing our Service, you are agreeing to these terms. We strongly encourage you to read and understand them carefully before proceeding.

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Definitions

 

• "You" refers to you personally or, if applicable, the company or legal entity you represent.

• "Users" are individuals who visit our website or use the Service but have not registered as users.

• "Customers" are registered users who engage with the Service for its intended purposes.

• "Translators" are independent contractors who collaborate with Pro-Tone and Customers to provide content translation services, and are not Pro-Tone employees.

• "Service" encompasses all Pro-Tone websites, applications, related technology, and localization services offered to both Customers and Translators.

• "Orders" are requests for Services placed by a Customer and confirmed by Pro-Tone through the Platform or via written confirmation.

• "Client Materials" consist of the original content provided by the Customer for translation, along with any associated guidelines, glossaries, and supplementary materials.

• "Platform" is the Pro-Tone online portal and system through which you can manage your Pro-Tone Account, submit Orders, and utilize the Service.

 

Privacy Practices

 

Your interaction with the Website and any personal data provided therein are protected and managed in accordance with the Pro-Tone Privacy Policy (“Privacy Policy”). By using the Website, you acknowledge and agree to the collection and use of your information as detailed in the Privacy Policy. In order to facilitate your access to the Website, it may be necessary for us to send you certain routine communications, such as service announcements and administrative updates. These messages are inherently part of the Website and your Pro-Tone account, and as such, may not be optional. Nevertheless, you retain the choice to opt-out of non-essential communications from Pro-Tone, including newsletters and promotional materials.

 

Disclaimer of Warranties

 

Your engagement with the Website and any Materials contained therein is solely at your own risk. The Website is presented to you "AS IS" and "AS AVAILABLE." PRO-TONE AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 

We cannot guarantee the completeness, accuracy, availability, timeliness, or security of the Website or any content found on it. Pro-Tone assumes no liability for any damage to your computer system, data loss, or any other injury or harm resulting from your access to, or use of, the Website or its Materials. Furthermore, Pro-Tone is not liable for any failure to store, transmit, or delete any Materials on the Website.

 

We do not warrant that the Website or its content will meet your specific needs, or operate without interruptions, securely, or free from errors. Please note that no advice or information, whether conveyed orally or in writing, obtained from Pro-Tone or through the Website, shall constitute a warranty not explicitly stated in these terms.

 

Use of Pro-Tone Materials

 

The Service may include APIs or software, collectively known as "Pro-Tone Materials," which are designed to enhance your experience. These are considered an integral component of the Service. Pro-Tone grants you a non-transferable, non-exclusive, worldwide, royalty-free license to use the Pro-Tone Materials, solely to enable your use of and benefit from the Service as intended and permitted by these terms.

 

You are prohibited from copying, modifying, distributing, selling, or leasing any aspect of our Service or included Pro-Tone Materials. Additionally, you must not reverse engineer or attempt to extract the source code of our Service or any software provided as part of the Service.

Please be aware that Pro-Tone does not promise uninterrupted availability or flawless performance of the Pro-Tone Materials. We reserve the right to restrict or suspend access to the Pro-Tone Materials at our discretion.

 

LIMITATION OF LIABILITY

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NEITHER PARTY, NOR ANY AFFILIATES OF PRO-TONE, SHALL BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THIS IS TRUE EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE TOTAL LIABILITY OF PRO-TONE UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO PRO-TONE IN THE TWELVE MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

External Links

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Our Website may feature links to external third-party websites or resources. Please be aware that Pro-Tone is not responsible for the availability, accuracy, content, or services of these external sites or resources. We do not endorse them nor the information, products, or services they offer. You are solely responsible for your use of these external websites or resources and assume all risks associated with such use.

 

Governing Law and Jurisdiction

 

The interpretation and enforcement of these Terms, and any disputes related to them, will be governed by the laws of Japan, excluding its choice of law principles. By using the Website, you agree that any legal action or proceedings arising from or in relation to this Website shall be brought exclusively in the courts located in Tokyo, Japan. You hereby consent to the jurisdiction and venue of these courts and waive any objections concerning the convenience of such courts. If you are agreeing to these Terms on behalf of a third party that is not legally bound by the clauses specifying the controlling law, jurisdiction, or venue, then such clauses will not apply. Instead, the laws of Japan (excluding conflict of law rules) will govern these Terms and any related actions.

 

General Agreement for Website Usage

 

This Agreement, along with the Pro-Tone Privacy Policy, constitutes the complete and exclusive agreement between Pro-Tone and you concerning your access to and use of the Website. It supersedes and replaces any and all prior agreements or understandings between Pro-Tone and you pertaining to the Website.