1. Scope of Application
Welcome to Real Estate Market Value Japan (hereinafter referred to as the ‘REMV Japan’), operated by Fives Co., Ltd (hereinafter referred to as Fives). By using REMV Japan websites, related data, and/or related services (collectively, "Services"), users (the users of the site, whether registered or not, herein referred to as ‘Users’) agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").
2. Agreement
By accessing, downloading, or using any portion of the Services, Users signify that they accept the terms of the Agreement.
3. Notification
A. Fives shall communicate any information it deems appropriate to Users in a way whatever means appropriate.
B. Notifications shall become effective immediately from the time that, for instances, they are posted on the website, sent by email, etc.
4. Changes to the Terms of Use
A. Fives reserves the right to change these Terms of Use at any time in its sole discretion.
B. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Fives's properties.
C. User’s continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. Users further waive any right they may have to receive specific notice of such changes to these Terms of Use, and they are responsible for regularly reviewing these Terms of Use.
5. Intellectual Property Ownership and License
A. The Services are the property of Fives, and subject to the intellectual property rights of Fives and its licensors. All materials (including source code, data, images, and other content) contained in the Services, including the selection and arrangement of the materials, are owned or licensed by Fives or its licensors for use on REMV Japan. Fives also owns trade secrets and know-how that contribute to the functionality of the Services.
B. Users shall agree not to copy, reproduce or duplicate, decompile, provide, lease, lend, use for timesharing, application service provider or service bureau purposes, or otherwise use or allow others to use all or part of the materials for their own benefit or for the benefit of third parties. Crawling the REMV Japan and network sites is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any property or other data for inclusion in another real estate search site, content aggregator, or any other purpose is strictly forbidden without prior written consent from Fives. If Users violate the Terms of Use, Fives may revoke their permission to access and use the materials and the Services in our discretion without notice. Fives reserves the right to claim for damages equivalent to the profit the users or third parties gained.
C. REMV Japan logos and other REMV Japan trademarks, service marks, graphics, and logos used in connection with REMV Japan may be registered trademarks of Fives in Japan and/or other countries. Other trademarks and logos used in connection with REMV Japan may be the trademarks of their respective owners. Users are not permitted to use these trademarks without prior consent from Fives and/or respective owners. This Agreement does not grant Users any right or license with respect to any trademarks and logos.
6. Usage of Services and Registration
A. Registration may be required for the usage of particular services. Users may create their account by following prescribed procedures. Even if Fives decline User’s request for registration for certain reasons, Fives may not disclose the approval criteria and/or the reason of disapproval, and do not take any objections.
B. In any registrations to the services, Fives shall require User’s own personal information. Users are not allowed to impersonate a third party by using false names, email address, and other personal information.
C. Users may deactivate their account by following prescribed procedures for termination. After Users deactivate their account, they will no longer have access to the services.
7. Account Maintenance
Users have an obligation to notify Fives promptly using the prescribed methods if any changes occur in the information given under account registration as defined in Article 6. Fives shall not take responsibility for any damages ensuing to Users from their failure to update registration information promptly and accurately.
8. Contact from Third Parties
Users may receive contacts from third parties though the use of the Services. Fives does not provide intermediary services, and shall take no responsibility for any damages arising out of such contacts and contact-related issues thereafter between Users and third parties.
9. Disclaimer
A. The purpose of the Service is to provide real estate market information or other information related to the market based on analyzed and calculated data, and Fives shall make no warranty, either explicit or implicit and in whole or in part, pertaining to the credibility, accuracy, usefulness, completeness, up-to-datedness of the contents of the Services. Fives is not a licensed real estate agency nor appraisal company. Real estate market price information provided though the Services is no more than a statistical value indicator of the market, and not an appraised price by any means.
B. The purpose of the Service is to provide real estate market information or our analytical methods, and not to solicit or canvass for investment in any particular real estate property or to serve as a recommendation to buy or to sell.
C. Fives shall not take responsibility for any liabilities, damages and losses to Users and/or third parties arising out of or in connection with the use of the Service.
D. Fives only provides Users and third parties with an initial stage for real estate transactions, and is not a party to any transactions among them.
E. Fives may post advertisements provided by third parties on REMV Japan, and Fives shall not be held responsible for accuracy, decency, etc. of the advertisements.
10. No Warranty
Fives shall not warrant the accuracy, validity, integrity, completeness and up-to-datedness of information provided through the Service, and shall not warrant that the contents of the Services does not infringe any intellectual property rights or any other rights of third parties.
11. Suspension and Discontinuance of the Services
A. Fives may alter, suspend or discontinue all or part of the Services at any time to Users and/or to others, without notice due to:
- device failure and repair;
- natural disaster or force majeure;
- functional expansion, data backup or system maintenance;
- operational and/or technical issues;
B. Fives shall take no responsibility for any damages ensuing to Users from above cases.
12. Login ID and Password Management
A. By registering for a particular services, Fives may provide Users with a login account to access to the services.
B. Users are responsible to keep their password confidential, not use others' accounts, nor permit’others to use their account.
C. Irrespective of whether such infringement is intentional or negligent or otherwise, Fives shall not be held responsible for any damages arising out of the use of User’s login IDs and passwords by others.
13. Non Disclosure Agreement
Users shall not disclose and/or leak any confidential business-related or technological information acquired through the use of the Service to third parties. Users shall not do so even after they stopped using the Services.
14. Claim for Damage / Compensation
A. If Users cause damages to Fives through an act which violates the Terms of Use or an unjust or illegal act, then Fives may make a claim against the Users for appropriate indemnification of the damages.
B. In cases where issues arise out of or related to User’s violation of the Terms of Use or an unjust or illegal act or infringement of any rights of third parties through the use of the Services, the Users shall resolve the issue concerned at their own liability and expense and not cause trouble or inflict damages on Fives. Users shall indemnify and hold Fives, subsidiaries, affiliates harmless from and against any costs, damages, expenses, and liabilities (including, but not limited to, attorneys' fees) arising out of or related to such complains and/or claims.
C. Users further acknowledge and agree that Fives shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with their use of the Services.
15. Equipment, etc.
Fives disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the sites due to inappropriate equipment, disturbances related to internet service providers.
16. Prohibited Conduct
Users are prohibited from engaging in the following conducts through the use of the Services;
- Falsifying information provided by the Services.
- Impersonating a third party to use the Services.
- Allowing third parties to use the Services.
- Conduct that interfere or risks interfering with Fives's operation of the Services.
- Interfering with Fives's operation of the Services through computer viruses or other harmful programs.
- Conduct that violates or infringes on property and privacy of Fives or third parties.
- Collecting personal information without any consent and through fraud methods.
- Conduct that violates or infringes on property rights or profits of Fives or third parties.
- Conduct that violates or risks violating laws or public morality.
- Conduct that defames or risks defaming Fives or others.
- Conduct that libels or risks libeling Fives or others.
- Any other behavior Fives judges to be inappropriate.
17. Privacy Policy
A. Personal information will be held in accordance with the privacy policy and as detailed under "Privacy Policy".
B. Fives shall reserve rights to analyze and compile acquired information from the provided services as statistical data, in a manner that does not lead to personal identifications, and use and/or publish it at our discretion in order to improve our products and the Services.
18. Governing Law / Agreed Jurisdiction
A. Japanese law shall govern the provision of this service. All disputes regarding this service are to treat the Tokyo
B. District Court as the exclusive agreement jurisdictional court of first instance.
19. Consultation
Should questions arise regarding this agreement or matters not delineated in it, the concerned parties should consult with each other in good faith and work toward a harmonious conclusion.
Issued 1st April, 2016