Terms of Use

This Terms of Use (hereinafter referred to as the “Terms”) provide rules of usage for this website located at https://allu-official.com/global/en/, the service offered by Valuence Japan inc., (hereinafter referred to as “Valuence”). The Terms will be applied for all activities of using this website and Users shall subject to the Terms.

1. Ownership of the website contents

   The Services and the entirety of this website’s contents, design, features and functionality, including all images, logos, service marks, and trademarks, data, software, text, and other materials (hereinafter referred to as the "Content") are owned or licensed by Valuence, and protected by Japanese laws or international regulations. By making them available on the Site, Valuence is not granting Users any license to utilize any Content.

2. Application

   This Terms are general rules governing User’s use of the website. When using this site, Users must agree to these Terms and the separately established rules as privacy notice, and other regulations.

3. Change of Terms

   Valuence reserves rights to make changes to the Site and the Terms, and may change them without prior announcement. The most current Terms shall be applicable to Users at all times, and the contents shall be provided or announced to Users by the method judged appropriate by Valuence, such as posting the contents on the website. The latest Terms shall be posted on the website, and shall come into effect as of the time of the relevant posting. By continuing to use the website and services after any changes are posted, Users are indicating their acceptance of and agreement to all such changes.

4. Users information

   Users shall be solely responsible for the security of username and password (if any). Valuence has the right but is not obligated to monitor User’s handle-name and password and, at its sole discretion, may require Users to change these.

5. Handling of Personal Information

   Personal information of Users that is acquired through using this website shall be handled in accordance with the Privacy Notice(https://www.valuence.inc/en/privacy/) separately provided on this website.

6. Prohibited Acts

   1. Regarding Users’ use of the Services, Valuence prohibits any of the following acts:
      • acts that breach these Terms of Use;
      • acts that infringe or likely infringe proprietary or personal rights, including Intellectual Property Rights, patent rights, utility model rights, design rights, trademark rights, copyrights and personality rights, of Valuence or any third party including a licensor from which Valuence receives license;
      • acts that cause or likely cause any disadvantage or damage to Valuence or any third party;
      • acts that unlawfully damage or likely damage the honor, right, or credit of other persons;
      • acts that breach any rules including laws, regulations, and municipal ordinances;
      • acts that go against or likely go against the public policy, and acts that provide other Users or any third party with information which likely go against the public policy;
      • criminal acts, any acts that lead to criminal acts, or acts to instigate or likely instigate such acts;
      • acts to provide information which is false or likely false;
      • acts to prevent or likely prevent the Services from its normal operation, including unlawful access to Valuence’s systems, alteration of program codes during such unlawful access, willful falsification of location information, cheating by using the specifications of Communication Equipment or any other applications, and spreading any computer virus;
      • acts to use a macro program or any function or tool enabling automatic manipulation;
      • acts that damage or likely damage the credibility of the Services;
      • acts that cause any negative influence upon young people or their sound growth;
      • acts to pretend to be a third party and use the Services, such as by using other Users’ accounts;
      • acts that lead or likely lead to a crime, including fraud, abuse of contraband drugs, illegal sale and purchase of saving accounts and portable phones;
      • acts related to criminal revenue, acts related to providing money for terrorism, or any acts suspected to be such acts; or
      • any other acts that the Company deems inappropriate.
   2. If Valuence considers that any act of a User falls under any of the items stated in (a) through (p) above, Valuence may take any or all of the following measures, without notifying such User in advance:
      • limit the usage of the Services;
      • terminate the Agreement and cancel the User’s membership of the Services; and
      • take any other measures which the Company reasonably deems necessary.

7. Indemnity

   To the maximum extent permitted by applicable law, Users hereby agree to indemnify and hold harmless Valuence and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from (a) User’s breach of these Terms, including any of the foregoing provisions, representations or warranties, or (b) breach of any laws, regulations or third-party rights including intellectual property or privacy rights.

8. Disclaimer of warranties and damages

   Users are solely responsible for their use of the website. The website and Services (including all content and functions made available on or accessed through the website and Services) is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Valuence disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, availability, workmanlike effort, title, and non-infringement.

9. Limitation of liability

   Under no circumstances and no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, shall Valuence be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from the use of, the inability to use, or errors or omissions in the contents and functions of the Site or Services, even if Valuence or an authorized representative of Valuence has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to Users. The limitation of liability set out above does not affect any liability that cannot be excluded or limited under applicable law (in such cases our liability will be limited to the fullest extent permitted by applicable law). This limitation of liability will survive the expiration or termination of these Terms.

10. Governing law and dispute resolution

    These Terms are governed by and construed in accordance with the laws of Japan, without reference to its conflict of law rules, and Users expressly agree to submit to the exclusive jurisdiction of the Tokyo District Court with regard to any dispute arising from using this website.

11. Investigation

    Valuence may seek to gather information in order to investigate from any user who is suspected of violating the Terms, and from any other user of the website and Services. If Valuence believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. BY ACCEPTING THESE TERMS AND CONDITIONS USERS WAIVE AND HOLD HARMLESS VALUENCE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VALUENCE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VALUENCE OR LAW ENFORCEMENT AUTHORITIES.

12. No Waiver

    No waiver by the Company of any provision in the Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure by Company to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.

13. Headlines

    Headlines under these Terms are intended only for convenience and shall not affect the interpretation of these Terms and Conditions.

14. Entire Agreement

    These Terms and Conditions, the Privacy Notice, and any additional terms posted on the Site or incorporated by reference together constitute the entire agreement between Valuence and Users with respect to use of the website and Services.