Terms and Conditions - Motionark Animation Courses Tokyo

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Motionark Animation Courses regarding your use of our website and services. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any provision of these Terms and Conditions, you must immediately cease using our website and services. Your continued use of the site following the posting of changes to these terms will constitute your acceptance of such changes.

These terms apply to all visitors, users, and others who access or use our website, regardless of the extent of their engagement with our services.

User Obligations and Conduct

1. Legal Compliance

You agree to:

Comply with all applicable local, national, and international laws and regulations
Not use the website for any unlawful or prohibited purpose
Respect intellectual property rights of Motionark and third parties
Not engage in any activity that could harm, disable, or impair the website
Not attempt to gain unauthorized access to any part of the website or related systems
Adhere to Japanese laws regarding data protection and online communications

2. Prohibited Activities

Users are expressly prohibited from:

Using the website to transmit any unlawful, threatening, abusive, defamatory, or obscene material
Attempting to interfere with the proper functioning of the website
Using any automated system to access the website without authorization
Reproducing, duplicating, or copying website content without permission
Engaging in any form of data mining, scraping, or similar data extraction
Circumventing security features or access controls
Impersonating another person or entity
Uploading or transmitting viruses or any malicious code

3. User Conduct Standards

When interacting with our website and services, you must:

Provide accurate and truthful information in all communications
Maintain the security and confidentiality of any account credentials
Notify us immediately of any unauthorized use of your information
Treat our staff and other users with respect and professionalism
Use contact forms for their intended purpose only
Refrain from sending spam or unsolicited commercial messages

4. Age Restrictions

By using this website, you represent and warrant that:

You are at least 16 years of age
If you are under 18, you have obtained parental or guardian consent to use the website
You have the legal capacity to enter into binding agreements
You meet all eligibility requirements stated in these terms

5. Content Guidelines

Any content you submit or share must:

Be respectful and appropriate for a professional educational environment
Not contain false, misleading, or deceptive information
Not violate any third-party rights, including copyrights or privacy rights
Not promote illegal activities or harmful behavior
Comply with all applicable content standards and regulations

User Responsibilities

1. Indemnification

You agree to indemnify, defend, and hold harmless Motionark, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

Your use or misuse of the website
Your violation of these Terms and Conditions
Your violation of any third-party rights
Any content you submit or transmit through the website
Your breach of any representations or warranties contained herein

2. Privacy and Data Protection

You acknowledge and agree that:

Your use of the website is subject to our Privacy Policy
You have read and understood how we collect and use personal information
You consent to data processing as described in our privacy documentation
You are responsible for the accuracy of information you provide
You understand your rights regarding personal data under applicable laws

3. Third-Party Interactions

When interacting with third parties through or in connection with the website:

You do so at your own risk
Motionark is not responsible for third-party actions or content
Any agreements with third parties are solely between you and them
You must conduct your own due diligence before engaging with third parties

Liability Limitations and Warranties

1. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, AND INFORMATION PROVIDED ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOTIONARK DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability and fitness for a particular purpose
Warranties regarding accuracy, completeness, or reliability of content
Warranties that the website will be uninterrupted, secure, or error-free
Warranties regarding the results obtained from using the website
Any warranties arising from course of dealing or usage of trade

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOTIONARK AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:

Any indirect, incidental, consequential, special, or punitive damages
Loss of profits, revenue, data, or business opportunities
Personal injury or property damage arising from your use of the website
Unauthorized access to or alteration of your transmissions or data
Statements or conduct of any third party on the website
Any other matter relating to the website or services

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MOTIONARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. Consequential Damages Exclusion

Under no circumstances shall Motionark be liable for:

Lost opportunities or business prospects
Damage to reputation or goodwill
Costs of procurement of substitute services
Emotional distress or inconvenience
Any damages exceeding the fees (if any) paid by you to Motionark in the six months preceding the claim

4. Force Majeure

Motionark shall not be liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including:

Natural disasters, earthquakes, typhoons, or severe weather
War, terrorism, civil unrest, or government actions
Internet or telecommunications failures
Power outages or equipment failures
Pandemics, epidemics, or public health emergencies
Labor disputes or strikes

Legal Framework and Dispute Resolution

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tokyo, Japan.

2. Dispute Resolution Procedures

In the event of any dispute arising from these terms:

Parties agree to first attempt resolution through good-faith negotiation
If negotiation fails, mediation may be pursued before litigation
Any legal action must be brought within one year of the claim arising
Disputes shall be resolved in the courts of Tokyo, Japan
The prevailing party may be entitled to recover reasonable legal fees

3. Severability

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable
All other provisions shall remain in full force and effect
The invalidity of one provision shall not affect the validity of other provisions

4. Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

Modification of Terms

Motionark reserves the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Changes will become effective immediately upon posting to the website.

Your continued use of the website following the posting of revised terms constitutes your acceptance of such changes. We recommend reviewing these terms periodically to stay informed of any updates.

Material changes to these terms will be indicated by updating the "Last updated" date at the top of this page. For significant changes that may affect your rights, we may provide additional notice through the website or via email if you have provided contact information.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other legal notices or policies published on the website, constitute the entire agreement between you and Motionark regarding your use of the website.

These terms supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Motionark concerning the subject matter herein.

No amendment or modification of these terms shall be binding unless made in writing and signed by an authorized representative of Motionark.

Assignment and Transfer

You may not assign, transfer, or delegate any of your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

Motionark may assign, transfer, or delegate these terms and our rights and obligations without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Contact Information

For questions or concerns regarding these Terms and Conditions, please contact us:

Motionark Animation Courses

1-147 Shinjuku, Meito Ward, Nagoya City, Aichi Prefecture

Email: info@dahliastarlight.com

Phone: +81 3-5951-4728

Acknowledgment

BY USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.