Label Place Terms of Service
The Label Place (hereinafter referred to as “Service”) is a service provided by Brother Industries, Ltd. (hereinafter “Brother”, “we”, “our”, or “us”) for posting label data (referring to label images and/or label templates) created with our label printer products and application software (including related consumables, accessories, etc., collectively referred to as “Products”) and sharing them with other users. In addition, the Service also provides a point program for users of our Products.
To use the Service, you must register your account with the “Online Member Registration Program” provided separately by Brother Sales Ltd., a subsidiary of our company, in accordance with Article 6 below, agree to the Label Place Terms of Service (including the Terms and related regulations and guidelines for the Service, collectively referred to as “Terms”), and then create a separate account for the Service.
Please read the Terms carefully before creating an account for the Service. If you do not agree with the Terms, you cannot use the Service.
Chapter 1: The Service Provider and the Terms
Article 1 (Service Provider)
The Service is provided and operated by the following service provider.
Business Name: Brother Industries, Ltd.
Location: 15-1 Naeshiro-cho, Mizuho-ku, Nagoya, Aichi Prefecture, Japan
Article 2 (Application of the Terms)
- The Terms apply to the use of the Service by customers (including individuals and corporations, hereinafter referred to as “Customers”, “you”, or “your”) residing in Japan or having their headquarters in Japan.
- We grant you the right to use the Service on condition that you agree to and comply with the Terms. Customers who create an account for the Service are deemed to have entered into a contract with us regarding the use of the Service upon completion of account creation. Customers who do not own an account for the Service are deemed to have entered into a contract at the point of using or viewing the Service.
Article 3 (Changes to the Terms)
- Amendments and modifications to the Terms may be made without your prior consent in the following cases:
- when the amendments or modifications are in your general interest, or
- when the amendments or modification are rational and reasonable and do not conflict with the purpose of the Terms.
Notwithstanding the foregoing, in principle, the contents of the amendments or modifications shall be published on Brother's website or by any other appropriate methods before the effective date of the amendments or modifications and enter into effect from the date that is separately specified in the notification.
- 2. The use of our products and services that can be used with the Service is subject to the application of the terms and conditions, etc. separately stipulated for such products or services.
Chapter 2: About the Service
Article 4 (The Service)
- The Service can only be used by Customers who use the Products and applications that are separately informed.
Customers are responsible for checking the availability of the Service for the Products owned by the Customer
(this includes, but is not limited to, implementing updates to software embedded in the Products).
- In addition to the Terms, you shall comply with the notices displayed individually when using the Service and use the Service and the Content (defined in Article 13).
If you use them, you are deemed to have confirmed the notices related to the Service or content.
- The content of the Service (including the interface of the Service) and versions can be changed or updated at our discretion.
We are not responsible for any damage caused to you as a result of such conduct.
- We may change, stop, or terminate the provision of any function or content of the Service at our discretion, regardless of whether or not notice is given.
We are not responsible for any damage caused to you as a result of such conduct.
- Please check the recommended environment (including the recommended browser) described separately on the Service when using the Service.
Please note that all or part of the Service may not be available when used in an environment other than the recommended environment.
Article 5 (Messaging Function)
We may send you information about your account status, usage, points, and other matters related to the Service
(including but not limited to your point balance, point expiration date, and important notices about points) via the messaging function within the Service.
You agree to receive such messages.
Chapter 3: Account Registration
Article 6 (Brother Sales Online Membership Registration Program)
- To start using the Service, you must first create an account (free of charge) on the “Online Membership Registration Program” provided by Brother Sales Ltd.,
a subsidiary of Brother (hereinafter referred to as the “Online Membership Registration Site”).
When creating an account, the terms of service and other rules of the Online Membership Registration Site may apply, so please check the details when registering your account.
- You agree that all or part of the information you enter when registering an account as mentioned in the previous paragraph may be disclosed, provided, or shared by Brother Sales Ltd. to us.
Article 7 (Creating an Account for the Service)
- Customers who have completed the account registration on the online membership registration site as stipulated in the previous article must create an account (free of charge) for the Service after agreeing to these terms in order to start using the Service.
Each customer can have only one account for the Service.
- When creating an account for the Service, you can set your username, user icon, and other information.
As some of this information will be made public to other users, please refrain from setting passwords or important character strings,
and be careful about posting personal information (including personally related information, the same applies hereafter).
- The account for the Service is created at your own risk, and we are not responsible for any damages or disadvantages that may occur due to the creation of the account and any information therein.
- We may, at our discretion, prevent you from creating an account for the Service, or revoke your approved status as a user of the Service without prior notice if we determine that you fall under any of the following:
- If you violate these terms;
- If you have previously been subjected to penalties such as the cancellation of your approved status due to violations of these terms;
- If the account associated with the Online Membership Registration Site is already registered with the Service;
- If you fall under the category of antisocial forces (gangs, gang members, those who have not been gang members for less than 5 years,
quasi-members of gangs, gang-related companies, racketeers, social movement racketeers, or specialized intelligent violence groups, or similar entities),
or if you have engaged in violent acts, fraud, threats, business obstruction, or other illegal acts. If you fall under this category, we may take necessary measures (including legal measures) such as suspending your use of the Service, terminating the contract based on these terms, or claiming damages;
- If we determine that your usage of the Service is inappropriate;
- If there are any false statements, errors, or omissions in whole or in part of the registration information you provided to us;
- If you are a minor, an adult under guardianship, a person under assistance, or a person under curatorship, and have not obtained the consent of your legal representative, guardian, assistant, or curator; or
- If we judge that you are not suitable for holding an account for the Service for reasons other than the above.
Chapter 4: Point Program
Article 8 (Earning Points)
- In the Service, if you meet certain conditions,
you can earn “Label Place points” (hereinafter simply referred to as “Points”) that can be used for acquiring or using content provided by Brother within the Service,
or for acquiring functions or applications, etc., for better use of the Products.
Points will be awarded to your account for the Service when you meet any of the conditions listed below.
- When you purchase a product eligible for Points (hereinafter referred to as “Point-eligible Product”) and complete the point registration process in the manner specified by us;
- When you post label data on the Service (provided, however, that it does not violate Article 11, Article 26, or any other prohibitions in the Terms); or
- In other cases separately defined by Brother.
- The number of Points our company will award to you varies depending on the point acquisition conditions or the Point-eligible Product, etc.
Details such as the conditions for point acquisition, Point-eligible Products, the validity period of Points, and other conditions will be determined by Brother and will be posted on the Service or Brother’s website.
Article 9 (Notification of Points)
- Brother will notify you of the number of Points you have earned, the number of Points you have used, and the balance of unused points, etc., in a manner prescribed separately.
- If you have any doubts about the number of Points notified to you under the preceding paragraph, you may contact Brother.
However, the final decision regarding the number of Points will be made by Brother, and you shall comply with this.
Article 10 (Use of Points)
- You can use Points only within the Service. You cannot convert your Points into cash, electronic money, gift certificates, or anything else of value under any circumstances.
- You can only use the Points you hold in the account of the Service in which you were logged in when the Points were awarded, and you cannot transfer or inherit them to any other accounts.
- Points can only be used by yourself. You cannot transfer, sell, lend, or use your Points for collateral purposes, or share them with a third party.
- You are responsible for using the Points, and except when required by law, you shall not request us for cancellation after using Points or measures to reissue Points under any circumstances. The same applies if a third party other than you fraudulently uses the Points.
Article 11 (Prohibited Acts, etc. Regarding Points)
- The following acts are prohibited in the Service with regard to the acquisition and use of Points.
- Reselling the Points;
- Allowing a third party other than yourself to use Points;
- Fraudulently acquiring Points; or
- Other acts related to the above.
- If you violate the prohibitions in the preceding paragraph, Brother may, at our discretion, cancel all or part of the Points you acquired fraudulently, suspend your use of Points and all use of your account in the Service, or delete such account. You agree not to raise any objections against these actions.
- In addition to Article 11.1, Brother may take the same measures as in the preceding paragraph if your account registration in the Service is deleted due to violation of the Terms.
- If we confirm that the ID and password entered at the time of using the Points match with the registered information, we will regard it as been used by you. Even if such act was a result of fraudulent use by a third party, we will not return the used Points and will not be responsible for any damage caused to you.
Article 12 (Expiration of Points)
- Unless otherwise stated in the Service or on Brother’s website, the validity period of Points is 2 years from the last date of login to the Service. Each time you log in to the Service, the validity period of the accumulated Points will be extended for 2 years from such day.
- If you do not log in to the Service even once within the validity period of Points as defined in the preceding paragraph, or if you withdraw from the Service within the validity period of Points, the accumulated Points will expire. Also, Brother will not purchase your Points under any circumstances.
- Even if you create an account for the Service again after withdrawing from the Service, expired Points will not be reissued.
- We are not responsible for expired Points under any circumstances.
Chapter 5: Ownership of Rights
Article 13 (Ownership of Rights)
- All rights related to the Service and the content provided by us through the Service such as label templates, fonts, emojis, etc.
(hereinafter collectively referred to as “the Content”), except for data and content created and posted by you in the Service (hereinafter collectively referred to as “Customer Content”), belong to us or the third party that provided these to us.
- The copyrights and other intellectual property rights related to the Service and the Content are licensed to you for use, and do not transfer all or part of these rights to you in any form.
Article 14 (License of Use)
- We grant you a non-exclusive right to use the Service, the Products and the Content on your personal computers, smartphones, and tablets, etc., within the scope necessary for the purpose of using the products subject to the Service.
- Except as expressly provided in the Terms, the use of label data created with the Products using the Content shall be in accordance with the provisions of Articles 16 to 20 and the provisions of the Products that are used when creating and are linked with the Service
Article 15 (Updates)
- Brother reserves the right, at our sole discretion, to provide updates to the Service, including programs to add, delete or modify features, version with improved performance, updates or upgrades (hereinafter simply referred to as “Updated Versions”). In this case, Brother will post separately in the Service or on our website. Brother will not be responsible for any damage or malfunction caused to you by installing the Updated Version of the Service.
- You agree that Brother is not obligated to provide Updated Versions, continue to provide or enable specific features or functionality of the Service, or make the next version of the Service available.
- If Brother provides you with an Updated Version of the Service, you agree that you may be asked to agree to the revised Terms provided with the Updated Version.
- If Brother provides you with an Updated Version to remove a malfunction, you will be required to install the Updated Version to continue using the Service. We will not be responsible for any malfunctions caused by your failure to install or use the Updated Version.
Chapter 6: Content
Article 16 (The Content)
- Brother provides you with the Content that can be used with the Products through the Service. The Content may include content that you can download and use freely, Point Content (described in the next article), content and data provided by posting of other users (hereinafter referred to as “Other Users”) accessing the Service.
- You may download the Content for the purpose of creating label data using the Products. You may also use the Content that you download to create and use label tapes with the Products, with or without editing and modifying (except for some restricted content), or to post it as Customer Content with editing and modifying (except for some restricted content), with the Products linked to the Service.
- The following acts are prohibited with regard to the acquisition and use of all the Content.
- Download, use, edit, etc. for purposes other than those described in the preceding paragraph.
- Reverse compile, reverse assemble, or perform other reverse engineering, etc.
Article 17 (Some Usage Restrictions for Point Content)
- The Content includes content that can be downloaded in exchange for the Points you hold (hereinafter referred to as “Point Content”). Some of the Point Content may be marked on the Service as having copyright notices and/or being unavailable for commercial use (hereinafter, such content is referred to as “Restricted Content”).
- You may post a label data including Restricted Content as Customer Content that you create on the Service. Nevertheless, such Customer Content must not be transferred, lent, sold, or otherwise disposed of outside the Service for the purpose of allowing a third party to use label data including Restricted Content.
- Label tapes created using the Products from label data containing Restricted Content can only be used within personal or household scope, and must not be created, possessed, sold, lent, or otherwise transferred for commercial purposes.
Article 18 (Ownership of Customer Content)
- By posting Customer Content on the Service, you permit Other Users to use such Customer Content.
You promise to be the legitimate holder of rights or a licensee for the Customer Content you post.
If the Customer Content includes the portrait, personal information, or other rights belonging to a third party, you shall solely responsible for ensuring that there is no infringement of portrait rights or other rights,
or unauthorized disclosure of personal information, and you shall obtain consent for disclosure from the third party.
Ownership and intellectual property rights of Customer Content belong to you or your licensors.
- You may use, at your own risk and at your sole discretion, you can use third-party fonts or emojis etc. (hereinafter, “Third Party Content”) in your Customer Content.
When using Third Party Content, you shall agree to and comply with the terms of use provided by the third party.
- By posting Customer Content on the Service, you automatically agree without objection to grant Brother, our group companies, and Other Users the perpetual, irrevocable, worldwide, royalty-free, non-exclusive rights and license to do the following with the Customer Content:
- For Brother to use the Customer Content posted by you on the Service (including caching, recording, copying, adapting, translating, quoting, reprinting, uploading or downloading, granting sublicenses to Other Users, and acquiring usage status of the Service for statistical analysis in a form that does not identify individuals) for the purpose of providing and improving the Service (including system maintenance and development of new features/services).
- For Brother to allow Other Users to download, edit (but, excluding Customer Content prohibited by you), repost the Customer Content posted by you on the Service, and create and use label tapes using the Products (includes transferring label tapes to third parties whether for a fee or free).
- For Brother and our group companies to use the Customer Content or label tapes using the Customer Content outside the Service for the purpose of advertising, publicizing, and promoting the use of the Service.
- When Brother, our group companies, and Other Users use the Customer Content posted on the Service in the manner described in the preceding paragraph, Brother, our group companies, and Other Users may use only a part of the Customer Content or omit some information from the Customer Content.
- You agree not to exercise moral rights of the author against Brother and Other Users who receive the license of rights under paragraph 4 regarding the Customer Content you posted on the Service.
Article 19 (Handling of Personal Information Included in the Content you Post)
- If the content you post in the Service (including your profile, Customer Content (including photos and texts in label data), and other posted content; hereinafter the same shall apply) contains your personal information, Brother, our group companies, and Other Users will acquire your personal information lawfully. You agree that when you post content containing personal information using the Service, Other Users may acquire that information.
- The use of your personal information that is collected by Brother based on the preceding paragraph shall be in accordance with the privacy policy separately provided.
- If the content you post in the Service contains personal information, such post may lead to leakage and misuse of personal information by Other Users and other third parties, criminal acts such as fraud, and other illegal acts. You shall bear all responsibilities for the content you provide, disclose, and transmit through the Service, and Brother shall not be responsible for any damage caused to you due to the content you post, regardless of the specifications of the Service and other provided content.
- Customers who are Other Users who have obtained personal information under Article 19.1 must properly manage the personal information acquired and use it lawfully (including, but not limited to, viewing, downloading, editing, modifying, or searching) only for personal use or household use both during the use of the Service and after withdrawal, and may not use it for other purposes.
- Customers who are Other Users who have acquired personal information under Article 19.1 may not leak, disclose, or use the personal information acquired for purposes other than the purpose specified in the preceding paragraph.
Article 20 (Prohibited Acts Regarding Customer Content)
- When you post Customer Content, you shall not engage in any activities that contravene the prohibited acts of Article 26.
- Brother reserves the right to delete Customer Content posted to the Service without prior notice if we receive a notification of a violation of the preceding paragraph from a third party, or if we determine that Customers are likely to violate or are violating the Terms.
- Brother reserves the right to disclose Customer’s information to third parties, law enforcement agencies, and other government officials, etc., if we receive a claim from a third party that the Customer Content is illegal, false, defamatory, infringes upon the intellectual property rights or privacy rights of a third party, or violates obligations to a third party, or in order to comply with applicable laws, regulations, legal processes, or government requests.
- You represent and warrant that you are the rightful owner or licensee of all Customer Content that you post in relation to the Service, and you shall compensate Brother and our group companies, as well as our customers who used the Customer Content based on your false representation, for all damages or expenses (including attorney fees) incurred due to your false representation.
Article 21 (Storage and Deletion of Customer Content)
- Customer Content posted by you will only be stored on the Service. However, it is possible to save the Customer Content in our application that links with the Service at the time of creation.
- You agree and acknowledge that Brother is not obligated to store Customer Content and you are responsible for backing up the Customer Content. We are not responsible for any damages you may suffer due to failure to backup, including data recovery.
- Even after you delete the Customer Content or cancel your membership to the Service, Brother may retain it for a certain period for backup purposes. Notwithstanding the foregoing, however, Brother is not obligated to back up Customer Content, nor is Brother obligated to respond to your requests for backup data provision.
- Even after you cancel your membership to the Service, we may continue to provide other users with the Customer Content you posted prior to cancellation in a manner that does not identify your cancelled account. The Customer Content posted before the cancellation may continue to be provided on the Service, including the information you posted. If you do not wish for the Customer Content posted on the Service to be provided after you have cancelled your membership, please delete the respective Customer Content before you cancel your membership.
Article 22 (Disclaimer Regarding Customer Content)
- Brother is under no obligation to monitor, screen, check, or approve Customer Content.
- Unless in violation of applicable laws, Brother is not obligated to manage Customer Content (including illegal or inappropriate content) and any actions or statements made by you using the Customer Content, nor is Brother responsible for any Customer Content.
- Unless in violation of applicable laws, Brother is not responsible for any loss, deletion, or damage to any content resulting from your access to or use of the Service.
Article 23 (Posts to the Service)
- In principle, your posts on the Service will be published as-is. However, please note that due to the volume or specifications of the posted images or settings, they may not be posted correctly, or errors may occur.
- Notwithstanding the preceding paragraph, if Brother reasonably determines that any of the following applies, we may at our discretion change, organize, edit, optimize, or delete your post in whole or in part. Brother shall not be responsible for any damage or inconvenience caused to you or any third party as a result of making or not making these changes, organizations, edits, optimizations, or deletions.
- When there is a risk of damage, loss, other disadvantages or misunderstandings to third parties, such as when there is an error in the model number of the consumables that you selected and may lead to incorrect purchases by other customers.
- When there is a risk of damage, loss, other disadvantages to you , such as when there is a risk of being caught in criminal activity.
- When Brother reasonably determines that editing or organizing part of the post contributes to the convenience of other customers.
- When the content of the post falls under any of the prohibited items specified in Article 26.
- Other acts similar to the above.
- The maximum number of posts that you can post on the Service or the maximum amount of storage space that you can use may be set at Brother’s discretion. Brother assumes no liability even if you incur any damage or inconvenience due to the restrictions in this article.
Chapter 7: Your Obligations
Article 24 (Use of the Service and Equipment)
- When using the Service, you shall comply with these Terms and all laws applicable to the use of the Service, and respect the intellectual property rights, privacy, personal information, and other rights of third parties.
- You shall prepare communication equipment, software, and all other equipment necessary for using the Service at your own responsibility and expense, and bear all costs related to the use of the Service (including, but not limited to, communication fees and internet connection fees).
Article 25 (Disclaimer Regarding Feedback from Customers)
- If you provide Brother with ideas, suggestions, or other feedback regarding the use of the Service or the Content, Brother shall have a free, perpetual, irrevocable, and non-exclusive worldwide license to use such feedback without restriction.
- For inquiries about the Service, please contact Brother.
Article 26 (Prohibited Acts)
In order for all customers to comfortably use the Service, the following acts (including posting Customer Content that falls under the following categories) are prohibited.
- Entering false, fraudulent, or misleading information when creating an account for the Service and any act that may lead to such behavior.
- Accessing the Service using bots or other automated methods to add or download contacts, or to send or redirect messages.
- Criminal acts, acts that lead to or may lead to criminal acts.
- Uploading, distributing or transmitting viruses, worms, Trojan horses, or any other technically harmful data, programs, or software on the Service.
- Acts that violate or may violate applicable laws, public order and morals, or social ethics.
- Acts that infringe or may infringe the intellectual property rights such as copyrights and trademark rights of other customers, third parties, or Brother.
- Acts that infringe or may infringe portrait rights, publicity rights, or personality rights.
- Infringement of privacy, detective behavior, and acts similar to them.
- Acts that hinder or may hinder the operation of the Service or damage its credibility.
- Acts that cause or may cause harm or damage to other customers, third parties, or Brother.
- Defamation of individuals, groups, nations, or international organizations (including their flags, emblems, logos, catchphrases, etc.), and other acts that damage their honor.
- Acts that are or may be for commercial purposes using Restricted Content, through the Service or in relation to the Service.
- Analyzing, modifying, copying (except when explicitly permitted), lending, transferring, sublicensing, reverse engineering, decompiling, disassembling, and hacking the Service, and other acts that may lead to such behavior.
- Acts that infringe or may infringe the rights of third parties, without having the necessary right, agreement, or permission.
- Acts that violate or may violate legal obligations to third parties (including contractual responsibilities and obligations of confidentiality).
- Acts related to or may related to content on terrorism, racial or religious discrimination, hate speech, child abuse, obscenity, aggression or aggressive information, and other harmful content.
- Illegal or improper viewing, acquisition, tampering, disclosure, etc., of other users’ accounts, personal information, and other data, and other similar acts.
- Acts of pretending to be another user or improperly pretending to be associated with another user, such as by using or obtaining other users’ accounts.
- Acts of exploiting bugs or malfunctions of the Service.
- Unauthorized accessing, cracking, and overloading the hardware or software of the Service, and other acts that hinder the system used to provide the Service or
- Any other act that Brother deems inappropriate other than the above.
Chapter 8: Termination and Suspension of the Service
Article 27 (Temporary Suspension of the Service)
- Brother may temporarily suspend the provision of the Service with prior notice to you when regular maintenance or bug fixes are necessary.
- Notwithstanding the provisions of the preceding paragraph, Brother may temporarily suspend the provision of the Service without prior notice to you in any of the following cases:
- When urgent maintenance or restoration work is necessary for servers, etc.
- When a situation arises where it is difficult to provide the Service due to natural disasters, fires, power outages, etc. or
- When Brother determines that it is necessary to temporarily suspend the Service urgently for operational or technical reasons.
- Even if there is a delay or interruption in the provision of the Service due to any of the reasons in the preceding two paragraphs, or for any other reason, Brother shall not be responsible for any damages you may suffer as a result of such delay or interruption.
Article 28 (Termination of the Service)
Brother may terminate the provision of the Service with at least a three-month prior notice to you.
Article 29 (Termination of the Service by the Customer)
- You may decide to terminate the use of the Service at your own discretion. If you decide to terminate the use of the Service, you shall follow the withdrawal procedure set by Brother.
- If you withdraw from the Service, your account data on the Service (including your username, user icon, Customer Content, etc., but not limited to these) will be automatically deleted. Even if you register for the Service again, you cannot restore your account data on the Service and Customer Content.
- Even if you withdraw from the Service, the account you registered on the Online Membership Registration Site stipulated in Article 6 will not be deleted. If you want to delete the account on the Online Membership Registration Site, please complete the withdrawal procedure pursuant to the procedures separately provided on Online Membership Registration Site.
Article 30 (Suspension of Use of the Account for the Service)
- If Brother determines that any of the following circumstances exist or may exist, we may suspend the use of your account of the Service without prior notice to you. However, the foregoing shall not apply if otherwise stipulated by law.
- When the ID and password are used illegally.
- When the functions or content on the Service are used illegally.
- When your circumstances fall under any of the prohibited acts stipulated in any of the items under Article 26.
- When Brother incurs legal responsibility or risk due to the your actions.
- When it is permitted or obligated by law or
- When there is a violation of the Terms.
- If Brother suspends the use of the account based on the preceding paragraph, you may file an objection to Brother by a separate deadline notified by Brother. If, as a result of the objection,
Brother determines that your circumstances do not fall under the preceding paragraph, the suspension of your account will be lifted. Brother reserves the right to delete your account on the Service and the Customer Content
if you do not file an objection by the said deadline or if we determine that there is no basis for the objection.
Article 31 (Use of Third-Party Services)
- As part of the Service, you may be able to use the services and applications of third parties (hereinafter collectively referred to as “Third-Party Services”) at your discretion.
In order to use the Third-Party Services, you will need to agree separately to the terms provided by such third party.
- If the storage space necessary for transferring and storing files and data cannot be secured when using the Third-Party Services, you shall secure this at your own expense and responsibility,
and Brother shall not be responsible for securing this under any circumstances.
The same applies to communication fees and internet connection fees incurred when connecting to the Third-Party Services.
- Brother shall not be responsible for any damage or malfunction (including, but not limited to, degradation of image quality or accuracy during data transfer and malfunctions occurring in your hardware or other data you post) suffered
by you or your property (including data you posted or attempt to post) caused by your use of the Third-Party Services,
or by connecting the Third-Party Services and the software of the Service.
Brother shall also not be responsible for any personal information you provide to such third party.
Article 32 (Other Disclaimers)
- Brother provides the Service as-is.
- Brother makes no warranties, whether express or implied, regarding the accuracy, reliability, or fitness for a particular purpose etc., of all information and functions included in the Service, that the Service is always up-to-date, lawful, or complete, that the provision of the Service is immediate and safe, that the Service is free from any defects, or that the use of the Service does not infringe the rights of third parties, or any other warranties.
- You shall use the Service at your own risk and are solely responsible for all actions and results related to the use of the Service.
Article 33 (Limitation of Liability)
The liability that Brother bears in relation to your use of the Service is limited to the extent permitted by law. Brother is not responsible for any loss of revenue or profits, or any derivative, incidental, indirect, special, or punitive damages incurred by you, the end user, or other business entities due to the Service or the Terms.
Article 34 (Your Responsibility)
You shall indemnify Brother, our group companies, and the legitimate rights holders of the content on the Service for any and all damages and costs (including attorney’s fees) arising from your use of the Service or violation of these Terms.
Chapter 9: General Provisions
Article 35 (Handling of Personal Information)
Your personal information will only be used in the manner described in Brother’s Privacy Policy provided separately (
Privacy Policy).
Article 36 (Transfer)
Brother may, at its discretion, transfer its rights and obligations under these Terms to a third party. In such a case, Brother shall give at least three months’ prior notice to you.
Article 37 (Complete Agreement and Severability)
- These Terms, together with the Privacy Policy and any other notices from Brother, constitute a complete agreement between you and Brother.
- Even if any provision or part of the Terms is determined to be illegal or invalid by the court or relevant authority, only such provision or part of the Terms will be invalid, and the remaining shall continue to have full effect.
Article 38 (Waiver of Rights)
The waiver or non-performance of any right stipulated in these Terms by Brother does not mean that such right will be waived in the future.
Article 39 (Export Controls)
You may not export or re-export the Service or its derivative products in violation of applicable laws and regulations.
Article 40 (Rights of Third Parties)
The provisions of these Terms are only effective between Brother and you and are not intended to confer any benefit or right of exercise on third parties.
Article 41 (Language)
The Terms have been created in Japanese as the original document, and the translated Terms in languages other than Japanese are provided for the convenience of the Service and do not have legal binding force.
Article 42 (Governing Law and Dispute Resolution)
The Terms shall be governed by Japanese law, and in the event of dispute, the Nagoya District Court, which has jurisdiction over Brother’s location, shall be the exclusive court of first instance by agreement.