Terms of use

(Last updated 1 February, 2017.)

Welcome to Edanz Group (“Edanz Group”, “we”, “our”, or “us”), which operates the website located at http://www.edanzwriting.com (the “Website”). The following Terms of Use are a legal contract between you, an individual subscriber, customer, member, or user (“You”), and Edanz Group regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.

Please read the following Terms of Use carefully. If you do not agree to any of the provisions set out in this document, you should not use the Website. By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions, including any additional guidelines as defined below (collectively, the “Terms”).


Table of Contents

  • Right of Modification
  • Changes to the Website
  • Privacy Policy
  • Licensed Content
  • Online Conduct
  • Representations and Warranties
  • Links to Other Sites
  • Jurisdiction
  • Indemnification
  • Severability
  • Governing Law

Right of Modification
We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the top of these Terms of Use. It is your responsibility to check this page from time to time for updates.  Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

For any material changes to the Terms, Edanz Group will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of

(i) your actual notice of such changes and

(ii) thirty (30) days after Edanz Group makes reasonable attempt to provide you such notice.

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

Changes to the Website
Edanz Group reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Website or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Edanz Group shall use its reasonable endeavors to notify users of such decision in advance.

You hereby agree that Edanz Group and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website that Edanz Group may wish to make, or for any decision to suspend, discontinue or terminate the Website or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

Privacy Policy

Edanz may use all Registration Information, subject to Edanz Group’s compliance with the Edanz Group Privacy Policy that can be found here (the “Privacy Policy”). This Agreement includes terms and conditions set forth in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by Edanz Group as set forth in the Privacy Policy.

Licensed Content
All content or other materials available on the Website, including but not limited to images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of Edanz Group and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the Terms contained here, Edanz Group grants you a personal, non-exclusive, non-transferable license to access and use the Website. You may download material from the Website only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The responsibility of determining that your use of any information, software or any other content on the Website is permissible rests with you.

Online Conduct

You agree to use the Website in accordance with all applicable laws. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Website:

  • Content that defames, harasses or threatens others

  • Content that defames, harasses or threatens others

  • Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities

  • Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets

  • Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties

  • Material that contains obscene (i.e., pornographic) language or images

  • Advertising, promotional materials, or any form of commercial solicitation

  • Content that otherwise harms other users or visitors to the Website

  • Content that is otherwise unlawful or that violates any applicable local, state, national or international law

  • Content that probes, scans, or tests the vulnerability of any system or network

  • Content that breaches or otherwise circumvents any security measures

  • Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Website

  • Content that plants malware or otherwise uses the Website to distribute malware

Although Edanz Group does not routinely screen or monitor content posted by users to the Website, Edanz Group reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Website, you agree not to

(i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website other than as expressly allowed under these Terms of Use;

(ii) use Edanz Group’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or e-mails;

(iii) use any high-volume, automated or electronic means to access the Website (including without limitation, robots, spiders, scripts or web-scraping tools);

(iv) frame the Website, place pop-up windows over its pages or otherwise affect the display of its page; or

(v) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.

Finally, you agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Website.

Representations and Warranties

 You hereby represent and warrant to Edanz Group as follows:

(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use the Content.

(ii) Your Content and the availability thereof on the Website does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, publishers’ rights, rights of privacy or publicity, or rights in confidential information.

(iii) Your Content does not and will not create any liability on the part of Edanz Group, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

Edanz Group reserves the right to remove Your Content, suspend or terminate your access to the Website and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

Links to Other Sites

The Website may include hyperlinks to sites maintained or controlled by others. Edanz Group is not responsible for nor does it routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. Edanz Group disclaims any and all responsibility or liability for any harm resulting from your use of external websites, and you hereby waive any claim against Edanz Group with respect to the content or operation of any external services.

Limitation of Liabilities

The website and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Edanz Group does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any site, information obtained from a site, or link to a site. Edanz Group does not warrant that the website will operate in an uninterrupted or error-free manner or that the website is free of viruses or other harmful components. Without limiting the foregoing, Edanz Group does not warrant that

(i) the website will meet your requirements or expectations or achieve the intended purposes,

(ii) the website will not experience outages or otherwise be uninterrupted, timely, secure or error-free,

(iii) the information or services obtained through or from the website will be accurate, complete, current, error-free, completely secure or reliable, or

(iv) that defects in or on the website will be corrected.

Edanz Group does not make any representation regarding your ability to transmit and receive information from or through the website, and you agree and acknowledge that your ability to access the website may be impaired. Edanz Group disclaims any and all liability resulting from or related to such events or the access or use of the website or any information or services related to them.

You acknowledge and agree that any access to or use of the website or such information or services is at your own risk.

Except as prohibited by law, you agree that Edanz Group will not be liable to you for any loss or damages arising out of or relating to these terms of use or your (or any third party’s) use or inability to use a website, data loss, your placement of content on a site, your reliance upon information obtained from or through a website, or any other potential claims related to the website.

Except as prohibited by law, Edanz Group will not have liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms of use, your use or inability to use the website, data loss, any purchases on this site, your placement of content on a site, or your reliance upon information obtained from or through the website, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability. Edanz Group’s total cumulative liability arising out of or related to the user’s use of the Edanz Group website will not exceed twenty U.S. dollars ($20) or the total amount of fees received by Edanz Group from the user for the use of the website during the past 12 months of use, whichever is greater.

You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this terms of service reflect a reasonable and fair allocation of risk between you and Edanz Group, and that these limitations are an essential basis to Edanz Group’s ability to make the website available to you on an economically feasible basis.

You agree that any cause of action related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Jurisdiction

You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Indemnification

You agree to indemnify, defend and hold harmless Edanz Group, Our respective subsidiaries and affiliates, and each of Our respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of

(i) your use or attempted use of the Website in violation of the Terms of Use;

(ii) your violation of any law or rights of any third party, or

(iii) information that you upload or otherwise make available on the Website, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Governing law

These terms and conditions shall be governed by and construed in accordance with the laws of Japan and you irrevocably submit to the exclusive jurisdiction of the courts of Japan.