Terms of Use
PHABRIQ represents a collaborative effort between Sleeve Studios and Global Lifespan. We hold the firm belief that our platforms are utilized for lawful, respectful, and generally reliable purposes. By engaging with any PHABRIQ site, you acknowledge your consent to adhere to the following terms and conditions. Please note that this policy is subject to updates, as indicated by the provided date. PHABRIQ reserves the right to amend these terms at our discretion. If you do not agree to any of the terms outlined herein, we kindly request that you refrain from participating on PHABRIQ sites.
These Terms and Conditions of Use (referred to as the "Terms of Use") pertain to the PHABRIQ website, accessible at www.phabriqmedia.com, and all affiliated sites linked to www.phabriqmedia.com by PHABRIQ, its subsidiaries, and affiliates, collectively termed as the "Site". The Site is owned by Kabushiki-kaisha Sleeve Studios ("Sleeve Studios") and its licensors. Your use of this website implies your acceptance of these terms of use; if you do not agree, please refrain from using the site.
Sleeve Studios retains the exclusive right, at its discretion, to amend, modify, add, or remove sections of these Terms of Use, at any time. It is your responsibility to periodically review these Terms of Use for any changes. Your continued use of the Site following the posting of revisions signifies your acceptance and agreement to the revised terms. Provided you adhere to these Terms of Use, Sleeve Studios grants you a personal, non-exclusive, non-transferable, and limited privilege to access and utilize the Site.
All elements comprising the content of the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively referred to as "Content"), encompassing the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, are owned, controlled, or licensed by Sleeve Studios. This Content is safeguarded by trade dress, copyright, patent, trademark laws, and various other intellectual property rights and unfair competition laws.
Unless expressly permitted by these Terms of Use, no portion of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner, including via "mirroring," to any other computer, server, website, or medium for publication, distribution, or any commercial purpose, without the express prior written consent of Sleeve Studios.
You may utilize information pertaining to PHABRIQ's products and services (such as data sheets, knowledge base articles, and similar materials) intentionally provided by Sleeve Studios or PHABRIQ for downloading from the Site, provided that you (1) retain all proprietary notice language in all copies of such documents, (2) utilize such information solely for your personal, non-commercial informational purposes, refraining from copying or broadcasting it on any networked computer or media outlet, (3) refrain from making any modifications to such information, and (4) refrain from making any additional representations or warranties concerning said documents.
You are prohibited from utilizing any "deep-link," "page-scrape," "robot," "spider," or any other automatic device, program, algorithm, or methodology, or any similar manual process, to access, acquire, copy, or monitor any part of the Site or its Content. This also includes any attempt to reproduce or bypass the navigational structure or presentation of the Site or its Content, or to acquire materials, documents, or information through means not intentionally provided by the Site. Sleeve Studios and PHABRIQ retain the right to prohibit such activities.
Unauthorized access attempts to any segment or feature of the Site, or any connected systems or networks, including Sleeve Studios servers, are strictly forbidden. This encompasses hacking, password "mining," or any other illegitimate methods.
You are not permitted to probe, scan, or test the Site's vulnerability or the networks linked to it, nor are you allowed to breach the Site's security or authentication measures. Additionally, you may not attempt to trace information about other users or exploit the Site or its services in any manner that aims to disclose information beyond your own, including personal identification or information.
You agree not to undertake actions that place an unreasonable or disproportionately large burden on the Site's infrastructure or PHABRIQ's systems or networks, or those connected to them.
Any attempt to disrupt the proper functioning of the Site or interfere with transactions conducted on it, or with other users' usage of the Site, using any device, software, or routine, is strictly prohibited.
Forgery of headers or manipulation of identifiers to disguise the origin of any message or transmission sent to Sleeve Studios via the Site, or through any service offered on the Site, is prohibited. You may not impersonate another individual or entity.
Lastly, you may not utilize the Site or its Content for any unlawful or prohibited purpose as outlined in these Terms of Use, or to solicit or engage in any illegal activity that infringes upon the rights of Sleeve Studios or PHABRIQ.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Sleeve Studios’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Sleeve Studios may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Sleeve Studios makes no commitment to update the materials on the Site with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
Certain features or services available on or through the Site may necessitate the creation of an account (including the establishment of a username and password). You are solely responsible for maintaining the confidentiality of your account information, including your password, and for any activities conducted under your account due to your failure to uphold this confidentiality. You agree to promptly notify PHABRIQ of any unauthorized use of your account or password, or any other security breach. You may be held accountable for losses incurred by PHABRIQ or any other user or visitor to the Site if someone else utilizes your password or account due to your negligence in maintaining the security and confidentiality of your account information.
You are strictly prohibited from using anyone else’s account or password without explicit permission and consent from the account holder. PHABRIQ cannot and will not be held liable for any loss or damage resulting from your failure to adhere to these responsibilities.
PHABRIQ's Privacy Policy governs the use of this Site, and its terms are incorporated into these Terms of Use by reference. To review PHABRIQ's Privacy Policy, please click here. Additionally, by utilizing the Site, you acknowledge and accept that Internet transmissions are inherently not entirely private or secure. You recognize that any message or information you transmit to the Site may be accessed or intercepted by others, regardless of whether there is a specific notice indicating that a particular transmission (such as credit card information) is encrypted.
The Site might include links to other independent third-party websites ("Linked Sites") solely for the convenience of our visitors. Please note that these Linked Sites are beyond the control of PHABRIQ, and neither PHABRIQ nor Sleeve Studios bears responsibility for or endorses the content found on these Linked Sites, including any information or materials they contain. It is your responsibility to exercise your own independent judgment when interacting with these Linked Sites.
PHABRIQ does not guarantee that the Site or any of its content, services, or features will be free of errors or interruptions, or that any defects will be rectified, or that your use of the Site will yield specific results. The Site and its content are provided on an "as-is" and "as-available" basis. All information presented on the Site is subject to change without prior notice. PHABRIQ cannot warrant that any files or data downloaded from the Site will be devoid of potentially harmful elements such as viruses or other contaminants. PHABRIQ disclaims all warranties, whether express or implied, including warranties of accuracy, non-infringement, and suitability for a particular purpose. PHABRIQ disclaims any and all liability for the actions, omissions, and behavior of any third parties in connection with or related to your usage of the Site and/or any PHABRIQ services. You bear full responsibility for your use of the Site and any linked sites. Your sole recourse against PHABRIQ for dissatisfaction with the Site or its content is to discontinue using the Site or any such content. This limitation of recourse is an integral part of the agreement between the parties.
The aforementioned disclaimer applies to any damages, liabilities, or injuries resulting from 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 arising from breach of contract, tort, negligence, or any other cause of action.
Sleeve Studios and PHABRIQ reserve the right to undertake any of the following actions, at any time, without prior notice: (1) modify, suspend, or terminate the operation of or access to the Site, or any portion thereof, for any reason; (2) alter or amend the Site, or any part thereof, as well as any relevant policies or terms; and (3) interrupt the operation of the Site, or any part thereof, as necessary to conduct routine or non-routine maintenance, rectify errors, or implement other changes.
Except where prohibited by law, PHABRIQ (including Sleeve Studios and Global Lifespan) shall not be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if PHABRIQ (including Sleeve Studios and Global Lifespan) has been advised of the possibility of such damages.
If, despite the other provisions outlined in these Terms of Use, PHABRIQ (including Sleeve Studios and Global Lifespan) is found liable to you for any damage or loss arising from or connected to your use of the Site or any Content, PHABRIQ's (including Sleeve Studios and Global Lifespan) liability shall not exceed the greater of (1) the total fees paid for any service or feature on the Site within the two months preceding the initial claim against PHABRIQ (including Sleeve Studios and Global Lifespan), or (2) 10,000.00 Japanese Yen.
Please note that some jurisdictions do not allow limitations of liability, and therefore, the aforementioned limitation may not apply to you.
You agree to indemnify and hold PHABRIQ (including Sleeve Studios and Global Lifespan), 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 PHABRIQ (including Sleeve Studios and Global Lifespan) by any third party due to, arising out of, or in connection with your use of the Site.
PHABRIQ (including Sleeve Studios and Global Lifespan) reserves the right to disclose any information we possess about you, including your identity, if we determine such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or initiate legal action against any individual causing injury or interference, either intentionally or unintentionally, with PHABRIQ’s rights or property, or the rights or property of Site visitors or users, including PHABRIQ’s clients. PHABRIQ (including Sleeve Studios and Global Lifespan) retains the right at all times to disclose any information deemed necessary to comply with applicable laws, regulations, legal processes, or governmental requests. Additionally, PHABRIQ (including Sleeve Studios and Global Lifespan) may disclose your information if required by law or deemed reasonably necessary to preserve or disclose such data to (1) adhere to legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates others' rights, or (4) protect PHABRIQ’s (including Sleeve Studios and Global Lifespan) rights, property, employees, Site users or visitors, and the general public.
You acknowledge and agree that PHABRIQ may retain any communication or transmission made by you with PHABRIQ through the Site or any service offered on or through the Site, and may disclose such data if required by law or if PHABRIQ (including Sleeve Studios and Global Lifespan) determines such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect PHABRIQ’s (including Sleeve Studios and Global Lifespan) rights, property, employees, Site users or visitors, and the general public.
You agree that Sleeve Studios may, at its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine you have violated these Terms of Use or other associated agreements or guidelines concerning your Site use. You also agree that any violation of these Terms of Use by you will constitute an unlawful and unfair business practice, causing irreparable harm to Sleeve Studios. In such cases, you consent to Sleeve Studios obtaining any necessary injunctive or equitable relief, in addition to any other remedies available at law or equity.
You agree that Sleeve Studios may, at its sole discretion and without prior notice, terminate your access to the Site, for reasons including (but not limited to) (1) requests by law enforcement or government agencies, (2) self-initiated account deletions by you, (3) discontinuation or material modification of the Site or any service offered through it, or (4) unexpected technical issues or problems.
If PHABRIQ (including Sleeve Studios and Global Lifespan) takes legal action against you due to your violation of these Terms of Use, you agree to pay all reasonable attorneys’ fees and costs associated with such action, in addition to any other relief granted to PHABRIQ (including Sleeve Studios and Global Lifespan). You acknowledge that PHABRIQ (including Sleeve Studios and Global Lifespan) will not be liable to you or any third party for terminating your access to the Site due to any violation of these Terms of Use.
You agree that all matters related to your access to or use of the Site, including any disputes, will be governed by the laws of Japan, without regard to its conflict of laws provisions. If you are a consumer or client based in the European Union, you may file a claim in the courts of your country of residence. Any claim under these Terms of Use must be filed within one (1) year after the cause of action arises, or it will be barred. Claims made under separate terms and conditions of purchase for services and goods are not subject to this time limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Sleeve Studios and you arising from or relating to your use of the Site, the parties will attempt, promptly and in good faith, to resolve such dispute. If the parties are unable to resolve the dispute within a reasonable time (not exceeding thirty (30) days), either party may submit the dispute to mediation. If mediation is unsuccessful, then the parties are free to pursue any right or remedy available under applicable law.
PHABRIQ administers and operates the www.phabriqmedia.com Site from its headquarters in Tokyo, Japan, while other PHABRIQ sites may be administered and operated from various locations outside of Japan. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the Site are available to all individuals or in all geographic locations, nor are they suitable or accessible for use outside of Japan. PHABRIQ (including Sleeve Studios and Global Lifespan) reserves the right, at its sole discretion, to limit the provision and quantity of any feature, product, or service to any individual or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you opt to access the Site from outside of Japan, you do so at your own discretion and you are solely responsible for adhering to applicable local laws.
You are prohibited from using or exporting any Content, or any copy or adaptation thereof, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, but not limited to, Japan's export laws and regulations.
If any provision of these Terms of Use is deemed void or unenforceable by a court or other tribunal of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary and substituted with a valid provision that best reflects the intent of these Terms of Use, ensuring that these Terms of Use remain fully enforceable. These Terms of Use constitute the entire agreement between you and PHABRIQ regarding your use of the Site, superseding and canceling any prior written or oral agreements or understandings between you and PHABRIQ concerning such use, except as provided in a purchase agreement you enter into with PHABRIQ. PHABRIQ does not accept any counter-offers to these Terms of Use, and all such offers are explicitly rejected. PHABRIQ's failure to insist on strict performance of these Terms of Use shall not be construed as a waiver of any provision or right under these Terms of Use, nor shall any course of conduct between PHABRIQ and you or any other party be deemed to amend any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to grant any rights or remedies to any third parties.
PHABRIQ provides access to international data, which may include references or cross-references to PHABRIQ products, programs, and services not yet announced in your country. Such references do not imply that PHABRIQ intends to announce such products, programs, or services in your country.
Any feedback you provide at this site shall be deemed to be non-confidential. PHABRIQ shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2024 Sleeve Studios Limited. All rights reserved.Updated by The Sleeve Studios Legal Team on May. 02, 2024