Terms of Use

Please read this page carefully before using this Website and any materials accessible through this Website. By using this Website, you agree to abide by the following terms. We reserve the right to amend these terms. Your continued use of this Website constitutes your agreement to such changes.

Limited License

Crimson Phoenix K.K. (“Crimson Phoenix”) provides this website, www.crimson-phoenix.com (together with all its contents, the “Website”) for your informational purposes only. Subject to these terms, Crimson Phoenix grants you a non-exclusive, non-transferable, limited right to display this Website and download the material displayed on this site (the “Materials”) solely to view general information regarding Crimson Phoenix’ businesses. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. This does not include the right to reproduce, modify, make collections or compilations of, distribute, or publicly display the Website or the Materials. You must not transfer the Materials to any other person or entity. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials. You agree to abide by all additional restrictions displayed on the Website from time to time. Except as expressly provided herein, Crimson Phoenix does not grant you any express or implied license or permission under any patents, trademarks, copyrights or trade secret information. You agree to access the Materials and this Website manually, by request, and not automatically, through the use of a “bot” or similar program, or by other means. You agree not to take any action, alone or with others, that would interfere with the operation of this Website, to alter this Website in any way, or to impede others’ access to and freedom to enjoy and use this Website as made available by Crimson Phoenix.

Data Protection & Privacy

When you use the Website, we may ask you to provide certain data, such as your contact details and demographic information. The principal purposes for which we process and store your personal data are or may in the future become:

• to monitor, improve and administer the Website and the services provided on the Website;
• to enable us to conduct surveys and aggregate user profiles;
• to provide you with information on selected products and selected services that we think may be of interest to you (unless you have asked us not to do so);
• and to enable us to comply with our legal and regulatory obligations.

Crimson Phoenix will not share, copy or distribute any personal or business contact details with any third party without the prior consent of the person or business in question. To enable us to provide the services available on the Website and to monitor and improve the Website, we may gather certain information about you, including details of your operating system, browser version, domain name and IP address and the details of the web site you linked from to the Website. We may use cookies only to store information such as your User name and your session identifiers to enable us to identify whether you are registered on to the Website and, if so, to shortcut your access to the Website. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website. We endeavour to take all reasonable steps to protect your personal data including the use of encryption technology, but cannot guarantee the security of any personal

data you disclose online. You confirm that all information you supply will be accurate and that we may disclose such information as we consider necessary to comply with any reporting or legal and regulatory requirements. You agree that we may disclose to any regulatory authority to which we are subject, or to any person empowered to require such information by or under any law, any information they may request or require relating to you or, if relevant, any of your clients.

Ownership and Trademarks

This authorisation is not a transfer of title in the Website, or the Materials or copyrights therein. All contents included on this Website, such as graphics, logos, articles and other materials, is the property of Crimson Phoenix or others and is protected by copyright and other laws. All trademarks and logos displayed on this Website are the property of their respective owners, who may or may not be affiliated with our organisation.

No Warranty or Reliance

THE MATERIALS MAY CONTAIN INACCURACIES AND ERRORS. CRIMSON PHOENIX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE. CRIMSON PHOENIX DISCLAIMS ANY DUTY TO UPDATE THIS WEBSITE, THE INFORMATION AND MATERIALS ON THIS WEBSITE, AND, TO THE EXTENT APPLICABLE, ANY SOFTWARE MADE AVAILABLE ON THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Nothing contained on this Website constitutes financial, legal, tax or other advice, nor is any information or material on this Website to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. Any transactions listed on this Website are included only as representative transactions.

Third-Party Websites

As a convenience to you, Crimson Phoenix may provide, on this Website, links to websites operated by other persons or entities. If you use these websites, you will leave this Website. Crimson Phoenix makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that any linked website is authorized to use any of Crimson Phoenix’s trademarks, trade names, logos or copyright symbols.

External Links to This Website

All links to this Website must be approved in writing by Crimson Phoenix, except that Crimson Phoenix consents to links in which: (i) the link is a text-only link containing only the name “Crimson Phoenix”; (ii) the link “points” only to www.crimson-phoenix.com and not to deeper pages; (iii) when activated by a user, the link displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; and (iv) the appearance, position, and other aspects of the link neither creates the false appearance that an entity or its activities or products are associated with or sponsored by Crimson Phoenix nor damages or dilutes the goodwill associated with Crimson Phoenix’s name or trademarks. Crimson Phoenix reserves the right to revoke this consent to link at any time.

Information Provided By You

Do not send any confidential or proprietary information to Crimson Phoenix via the Website. No information or materials that you provide to Crimson Phoenix via this Website will be considered or treated as confidential or proprietary. By providing any such information or materials to Crimson Phoenix, you grant to Crimson Phoenix an unrestricted, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publicly display, publicly perform, transmit and distribute such information and materials, and you further agree that Crimson Phoenix is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Crimson Phoenix. You agree not to use the Website to distribute, email or post any advertising, promotion or solicitation without our prior approval. You agree not to use the Website to upload, display or distribute any materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the copyrighted, confidential or proprietary material of any other person or entity.

Limitations of Damages

CRIMSON PHOENIXAND ITS AFFILIATES AND SUBSIDIARIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE ACCURACY, INACCURACY, USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS WEBSITE OR ANY LINKED WEBSITE, EVEN IF CRIMSON PHOENIX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Changes

Crimson Phoenix reserves the right, at its sole discretion, to change, add or remove any portion of the Website or the Materials. Crimson Phoenix may change, suspend or terminate any aspect of the Website or Materials. Crimson Phoenix may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability. Crimson Phoenix may terminate the authorisation, rights and license given above and, upon such termination, you shall immediately cease using and destroy all Materials.

Privacy Policy

This policy describes the types of personal information we may collect about you, the purposes for which we use the information, the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy. The following privacy policy is intended to apply only to personally identifiable information you provide to Crimson Phoenix from time to time via this Website.

How We Collect Information About You

In general, you can visit this Website without revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. Our web servers may seek to place a “cookie” (a small data file) on your computer’s hard drive, which allows the server to determine the computer when it visits again. This cookie is not used to obtain your name or any personal data, and the information that we track is only for internal purposes. If you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed. There are parts of this Website where we may need to collect personal information from you for a specific purpose, such as to provide you with certain information you request. If you voluntarily submit information to our Website (for example, in a request for general information or through the submission of a business proposal), we may record and use any personally identifiable information, such as your name, phone number, fax number and e-mail address, for reasonable business purposes including, but not limited to, fulfilling your request. If you do not provide all the information we need, we may not be able to give you the information you request.

Uses of Collected Information

We do not use domain name information that we collect to identify you personally. We use this information to measure the use of our Website and to improve the content of our Website. When we collect other information from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. We use the personal information you provide only to respond to your enquiry or to process your request (such as to receive investor relations materials or inquiry about employment). We will not use your personally identifiable information for any other purpose without your permission.

Disclosures of Your Personal Information Within Crimson Phoenix

In order to provide efficient and reliable services and to improve service options available to you, we may share your personal information with our subsidiaries or affiliates. For this purpose, we may transfer the information you provide outside your country to another country that does not have similar data protection legislation and may provide a lower level of protection for your information. By submitting any information you consent to these transfers. We have taken certain measures outlined below to try to ensure the security of your information.

Disclosures of Your Personal Information to Third Parties

Crimson Phoenix does not disclose your personal information to third parties, except as described in this policy. We may share your personal information with other companies we have hired to provide services for us. These companies, our vendors, are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes that Crimson Phoenix has hired them. We do

not share, sell, or lease personal information about you to any third-parties for their marketing use. We may also release information about you if you direct us to do so, or if we are required to make disclosures to the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding, or to protect against fraud and to otherwise cooperate with law enforcement or regulatory authorities.

Security of Collected Information

We use all reasonable efforts to maintain physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access but we note that the Internet is not a secure medium. We restrict access to information about you to those Crimson Phoenix personnel who need to know the information to respond to your inquiry or request.

Severability

No part of these terms and conditions is intended to constitute an exclusion of liability which cannot be excluded under Japanese law. To the extent that any part of these terms and conditions is found to be invalid, unlawful or unenforceable such part shall be severed from the remaining terms and conditions, all of which shall remain in force and effect.

Governing Law

These terms and conditions shall be governed by, and interpreted in accordance with, Japanese law. You irrevocably agree that the courts of Japan shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to this Website, and that the laws of Japan shall govern such dispute or claim. Crimson Phoenix makes no representation that information contained in this Website is appropriate for use in any jurisdiction other than Japan and you hereby acknowledge that this Website is directed at Japan only and is not intended for use outside Japan and you agree that Crimson Phoenix will have no responsibility in respect of access to the Website from jurisdictions whose laws prohibit such access or where any of the contents of this Website may be illegal. Those who choose to access this Website from jurisdictions other than Japan do so at their own risk and are solely responsible for compliance with local laws.