These Terms and Conditions set forth the terms and conditions for providing the Services (as defined below), and the rights and obligations between the Company and users of the Services. You must read and agree to the entire Terms and Conditions before using the Services.
Article 1 Applicability
- The purpose of these Terms and Conditions is to set forth the terms and conditions for providing the Services and the rights and obligations between the Company and the Users (as defined below), and these Terms and Conditions shall apply to all aspects of the relationship between you and the Company in connection with the Services.
- Any rules for the use of the Services posted on our website (the “Rules”) shall constitute an integral part of these Terms and Conditions.
- If there is any conflict between these Terms and Conditions and the Rules or any other description of the Services not provided for herein, these Terms and Conditions will prevail.
Article 2 Definitions
For purposes of these Terms and Conditions, the following terms have the following meanings.
- “Service Agreement” means not only these Terms and Conditions but also any other agreements relating to the Services to be executed between the Company and the User.
- “IP Rights” means copyrights, patents, trademarks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
- “Posted Data” means any content, including but not limited to text, images, video and other data, that is posted or otherwise transmitted by the Registered User hereunder.
- “Company” means Ashinote, Inc.
- “Website” means such website of the Service as may be from time to time operated by the Company. (Or if such websiteʼs domain name or content has been modified for any reasons, such modified website)
- “User” means all users of the Service no matter if that person is registered or not.
- “Registered User” means any person or entity that has been registered as a user of the Services under Article 4.
- “Host” means any person who provides Experiential Services to Guest through the Service.
- “Guest” means any person who uses Experiential Services provided by a Host through the Service.
- “Experiential Services” means experiences and activities to be provided in Japan to a Guest by a Host.
- "Socialization Services" indicates a part of Hub Japan's services called "MEET & EAT", which travelers and local Japanese Users meet up and socialize at specific locations.
- "Socialization Participants" are Users who use Socialization Services and make a reservation to meet up.
- "Store Users" are Users who registered to post information about their stores in our Services and has been accepted by the Company.
- “Services” means any and all services provided by the Company under Hub Japan. (Or if such name or the content of such services has been modified for any reasons, such modified services).
Article 3 User’s Responsibilities
- Users are responsible for preparing all necessary mobile devices, software and any other devices and maintain the environment which makes the Services usable. Also, Users are responsible for preparing internet connections and any other necessary facilities and paying for all the cost required to prepare such connections. Also, Users pay for all the costs such as communication expenses to use the Website on their own.
- Users are responsible for their use of the Services, for any Posted Data they provide, and for any consequences thereof.
- The Company is not responsible or liable for any harm to your computer system, loss of data, or other harm (including computer viruses) that results from your access to or use of the Website. Also, the Company has no responsibility or liability, or responsibility to support Users for the selection of, or the failure to store or to transmit, any data and other communications maintained by the Website.
- Users are responsible for any damages caused to the Company and third parties, resulting from (i) your access to or use of the Services and the Website, (ii) any actions taken by you that are prohibited in this Terms, and must resolve the damages on their own, including the costs. The Users are responsible for paying any costs that are necessary for the Company regarding the damages, including a reasonable fee for the lawyers.
Article 4 Registration
- A person wishing to use parts of the Services that are limited to Registered Users (a “Candidate”) may apply to the Company for registration to use the Services by agreeing to comply herewith and providing certain information as specified by the Company (the “Registration Information”) in accordance with such manner as may be prescribed by the Company.
- The Company shall determine whether to register a Candidate who made an application under the first paragraph of this Article 4 (an “Applicant”) in accordance with the Companyʼs criterion, and shall notify the Applicant of its approval if the Company determines to do so. The Applicantʼs registration as a Registered User shall be completed upon the notice by the Company pursuant to this paragraph.
- Upon completion of the registration pursuant to the foregoing paragraph, the Service Agreement shall become effective between the Registered User and the Company, allowing the Registered User to use the Services pursuant to these Terms and Conditions.
- The Company reserves the rights to refuse registration or reregistration of any Applicant without any obligation to disclose the reasons, in the event that:
- Any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
- The Applicant is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from such Applicantʼs legal representative, guardian, curator or assistant;
- The Applicant was determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity (“Antisocial Force”), (ii) have any interaction or involvement with an Antisocial Force, or (iii) assist or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
- The Applicant was determined to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreements;
- The Applicant has suffered any of the measures under Article 11;
- In addition to the foregoing, the Company deems the registration inappropriate.
Article 5 Change to Registration Information
The Registered User shall promptly notify the Company of any change to the Registration Information in accordance with such manner as prescribed by the Company.
Article 6 Password and User ID Management
- The Registered User shall be responsible for keeping and maintaining its password and user ID for the Services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- The Registered User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the Registered Userʼs password or user ID by a third party.
Article 7 Fees and Payment Method
- In consideration of the parts of the Services hereunder which needs fees, the Registered User shall pay to the Company such fees as may be established by the Company and indicated on the Website, pursuant to the payment method as designated by the Company.
- If the Registered User fails to pay the above fees when due and payable, it shall be obligated to pay a default penalty at the rate of 14.6% per annum.
Article 8 Use of Experiential Services
The reservation of Experiential Services is completed when the Host agreed on the submission from the Guest, and also the Guest completed the payment of all the fees regarding the Experiential Services to the Company if it is an Experiential Services with fees. Consult detailed information about reservation processes of the Experiential Services on the Website.
The contract of the Experiential Services between the Host and the Guest is complete once the reservation is completed. The Company is basically not responsible for the contract between the Host and the Guest that are completed regarding this Article 8 of Terms and Conditions.
Article 9 The Host’s Duty regarding provision of the Experiential Services
The Host shall input personal identification information and information about the Experiential Services he/she provides and register the Experiential Services through the Services. Also, if there is an inquiry by User regarding Experiential Services registered by the Host, he/she shall make the utmost effort to respond as quickly as possible.
The Host may not entrust a third party to provide all or part of the Experiential Services he/she has registered by any method other than the method provided by the Company.
Article 10 Payment of Consideration etc. for Experiential Services to Host
- A Host who will use fee-based services of the Services to provide Experiential Services must pay a system use fee and other expenses stipulated by the Company (“System Use Fee etc.”) to the Company. The system use fee shall be determined by the Company.
- The Guest who will use fee-based services of the Services to reserve Experiential Services must pay consideration for the Experiential Services and out-of-pocket expenses (“Service Consideration etc.”) to the Host etc. who provides such Experiential Services, and pay service fees, insurance fees relating to the Experiential Services, and other expenses stipulated by the Company (“Service Fee etc.”) to the Company. The cost and payment method shall be determined by the Company.
- The Host etc. and the Guest shall permit the Company to receive as the agent of the Host etc., Service Consideration etc. that will be paid by the Guest pursuant to the preceding paragraph.
- If all of the Experiential Services have been provided, the Company shall pay the Host the amount received from the Guest (Service Consideration, etc. and Service Fee etc.) subtracted the Service Fee etc. and System Use fee etc. Cases where after the Experiential Services are partially provided the provision of the rest of such Experiential Services becomes infeasible are stipulated in the following article.
- If all of the Experiential Service have been provided, payments by the Company pursuant to the preceding paragraph shall be made to the Host on the day which is determined by the Company. (if the payment deadline date falls on a day on which financial institutions are closed, the next business day).
- Payments by the Company pursuant to this Article 10 shall be made to the domestic financial institution account in the name of the Host that the relevant Host notified the Company of, at the exchange rate for the payment currency less necessary fees.
- Payments to the other people involved in the Experiential Services, such as assistants of the Host, shall be made by the Host, and the Company shall not be responsible in any way with respect to such payments.
Article 11 Cancellation after Commencement of Provision of Contents
- If after Experiential Services have been partially provided, because of reasons attributable to the Guest, it becomes infeasible to provide the remainder of such Experiential Services, such situation shall be handled in the same manner as Paragraph 4 of the preceding article, and no refund will be paid to the Guest.
- If after the Experiential Services have been partially provided, because of reasons attributable to the Host, it becomes infeasible to provide the remainder of such Experiential Services, taking into account the proportion of Experiential Services provided, the reason provision became infeasible, and other circumstances, the Company will in its sole discretion decide whether to make, and the amounts of, any payment to the Host and refund to the Guest.
- If after the Experiential Services have been partially provided, because of reasons unavoidable (such as natural disaster, weather, etc.), the Company determines that it becomes infeasible to provide the remainder of such Experiential Services, the Company will permit cancellation upon notice from the Host. In such case, taking into account the proportion of Experiential Services provided, the reason provision became infeasible, and other circumstances, the Company will in its sole discretion decide whether to make and the amounts of, any payment to the Host and refund to the Guest.
Article 12 Cancellation by Guest Member before Experiential Services are provided
- After completion of the reservation stipulated in Article 8, by methods prescribed by the Company, a Guest may cancel the contract with a Host pursuant to such reservation. In such a case, based on the day of the provision of the Experiential Services (based on Japan Standard Time), a cancellation fee will apply as set forth below, and the Guest will be refunded the amount he/she paid less the cancellation fee.
- Refund to a Guest pursuant to the preceding paragraph shall be made to the PayPal account in the Guest’s name at the exchange rate of the payment currency after deducting fees relating to relevant payment procedures.
- The timing of the refund to the Guest pursuant to Paragraph 1 shall be as follows: If the Guest has notified the Company of Guest’s remittance account of PayPal before cancellation procedures, by the 14th day after the day the Guest completes cancellation procedures by methods prescribed by the Company (“Guest’s Cancellation Date”) (if the payment deadline date falls on a day on which financial institutions are closed, the next business day), and if the Company has not been notified of cancellation procedures, by the 14th day after the day such notice reached the Company, the Company shall carry out payment procedures.
Days prior to the Experiential Services provision date (from the cancellation date)
- Up to 14 days before: 0% of payment amount (Full refund) / ex. In the case of Experiential Services starting at 10 a.m. on Oct 15, cancellation by 23:59 on Oct 1 Japan Standard Time
- 13 days to 3 days before: 50% of payment amount (Refund of 50% of the amount paid) / ex. In the case of Experiential Services starting at 10 a.m. on Oct 15, cancellation between 0:00 on Oct 2 to 23:59 on Oct 12, Japan Standard Time
- Less than 3 days: 100% of payment amount (No refund) / ex. In the case of Contents starting at 10 a.m. on Oct 15, cancellation after 0:00 on Oct 13, Japan Standard Time
- If pursuant to this Article 12 Paragraph 1, reservation is canceled, if and only if a cancellation fee arises pursuant to Paragraph 1, the Company shall pay the Host an amount equal to the cancellation fee less the System Use Fee, etc. If no cancellation fee pursuant to Paragraph 1 arises, no payment will be made by the Company to the Host, and there will be no collection of the System Use Fee, etc. from Host to the Company stipulated in Article 10, Paragraph 1.
- Payment to the Host pursuant to the preceding paragraph shall be made by the 14th day after the Guest’s cancellation date (if the payment deadline date falls on a day on which financial institutions are closed, the next business day) to the domestic financial institution account in the name of the Host that the relevant Host notified the Company of, at the exchange rate for the payment currency less necessary fees.
Article 13 Cancellation by a Host before Experiential Services are provided
- After completion of the use reservation, by notifying the Company of the reasons for the cancellation using methods prescribed by the Company, a Host may cancel the provision of Experiential Services pursuant to such use reservation.
- If, pursuant to this Article 13, the provision of Experiential Services is canceled, the Company shall refund the Guest the full amount of the consideration for the Contents, Service Fees, etc., and out-of-pocket expenses. The timing for refund is compatible with Article 12 Paragraph 2 and 3.
- If cancellation pursuant to Paragraph 1 is desired, the Host must immediately notify the Company of the reasons for the cancellation in accordance with methods prescribed by the Company.
- If, with respect to the notice of the reasons for cancellation of the preceding paragraph, the Company requests provision of information relating to the reasons for cancellation, cooperation relating to consideration of alternative proposals, and other matters, the Host shall respond to such request in good faith.
- If the Company determines that the reasons for cancellation given pursuant to Paragraph 3 are not valid, the Company may demand from the relevant Host a penalty in an amount equal to ten times the price of the Experiential Services subject to such cancellation.
- If a Host for no valid reason cancels Experiential Services for which use reservation has been completed pursuant to this Article 13, the Company may revoke such Host’s registration.
- Notwithstanding the stipulations of the foregoing paragraphs, if the Company determines that provision of Experiential Services is infeasible due to disaster, weather or other unavoidable circumstances, cancellation requested by a Host will be approved in the means determined by the Company. In this case, as in Paragraph 2, the Company shall refund the Guest the full amount of the consideration for the Experiential Services subject to such cancellation.
Article 14 Use of Socialization Services
The reservation of Socialization Services is completed when local Japanese accepted the requests from travelers in the procedure designated by the Company, and specific user(s) completed payments if they are using paid services. Please read details about the process of reservation on services' web page.
The contract about using the Socialization Services between Socialization Participants is valid after completion of reservation processes in the proceeding paragraph. The Company does not assume any responsibilities for contracts between Socialization Participants or between Socialization Participants and Store Users.
Also, the Company does not guarantee nor investigate attributes, etc., of Socialization Participants and Store Users.
Article 15 Obligation on Socialization Participants in Socialization Services
Socialization Participants are required to put identification information and other required information by Socialization Services in the designated process to apply for participation.
Among Registered Users who applied for Socialization Services, travelers, local Japanese, and acquaintances of each Users including those who are not Registered Users to the Services called by each Socialization Participants, will be Socialization Participants. The User who applied for Socialization Services has responsibilities to make Users who called by him/her to understand and follow this Terms and Conditions.
Socialization Participants shall not delegate all or part of the provision to third parties other than the division of services determined by the Company, in providing Socialization Services.
Article 16 Payment to the Company for using Socialization Services
- Socialization Participants and Store Users using paid services within the Socialization Services shall pay System Use Fee or other fees determined by the Company ("System Use Fee, etc.") to the Company. The amount of the System Use Fee is presented by the Company separately.
- Socialization Participants shall pay fees that occur in this services such as public transportation and store use fee. The Company does not assume any responsibilities of any content and methods regarding such fees.
Article 17 Cancellation of Socialization Services
- Socialization Participants can cancel Socialization Services under a reservation of it after completion of the reservation, by following methods determined by the Company and giving notices about the reasons for cancellation to the Company and Socialization Participants.
- Socialization Participants who wish to cancel unavoidably needs to give a notice with reasons sincerely and promptly to the Company and Socialization Participants.
- Socialization Participants who canceled the Socialization Services which completed a reservation in the method determined by the Company for no good reasons, the Company may delete the user registration of the Socialization Participant.
- When the Company admits the reason of cancellation is not legitimate, the Company shall claim ten times the amount of the Socialization Service fee that is canceled to the Socialization Participant.
- The Users, who made a reservation via the method determined by the Company and paid the fee, cancel the reservation due to the reasons by the User or acquaintances who were planning to participate, the Company shall refund the fee according to the cancel policies in the next paragraph.
- Up to 14 days before: 0% of payment amount (Full refund) / ex. In the case of Socialization Services starting at 10 a.m. on Oct 15, cancellation by 23:59 on Oct 1 Japan Standard Time
- 13 days to 3 days before: 50% of payment amount (Refund of 50% of the amount paid) / ex. In the case of Socialization Services starting at 10 a.m. on Oct 15, cancellation between 0:00 on Oct 2 to 23:59 on Oct 12, Japan Standard Time
- Less than 3 days: 100% of payment amount (No refund) / ex. In the case of Socialization Services starting at 10 a.m. on Oct 15, cancellation after 0:00 on Oct 13, Japan Standard Time
- When Socialization Participants canceled the reservations of stores and if the store claims for the cancellation fee, Socialization Participants must consult each other about the payment. However, if Socialization Participants could not settle on an agreement, the Socialization Participant who canceled the reservation shall pay the needed fee. The Company does not assume any responsibilities on the payment of cancellation fees and payment proportion between Store Users and Socialization Participants, and between Socialization Participants.
- If after the Socialization Services have been partially provided, because of unavoidable reasons (such as natural disaster, weather, etc.), the Company determines that it becomes infeasible to provide the remainder of such Socialization Services, the Company will accept cancellation upon notice from Socialization Participants. In such case, taking into account the proportion of Socialization Services provided, the reason provision became infeasible, and other circumstances, the Company will in its sole discretion decide whether to make and the amounts of, any payment or refund.
Days prior to the Socialization Services provision date (from the cancellation date)
Article 18 Prohibited Actions
When using the Services hereunder, the User may not conduct any of the following acts or any act that the Company determines falls under any of the following:
- acts that violate any laws or regulations or that are associated with criminal activity;
- acts that defraud or threaten the Company, other Users or other third parties;
- acts against public order and good morals;
- acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Users or other third parties;
- acts to transmit to other Users, through the Services, any of the following or any transmissions that the Company determines includes under any of the following:
- excessively violent or cruel content;
- computer viruses or other hazardous computer programs;
- content that damages the reputation or the credit of the Company, other Users of the Services or other third parties;
- excessively indecent content;
- content that encourages discrimination;
- content that encourages suicide or self-mutilation;
- content that encourages drug abuse;
- antisocial content;
- content for the purpose of disbursing information, such as chain emails;
- content that causes uncomfortable feelings to third parties;
- content for the purpose of encountering unacquainted persons of the opposite sex;
- acts that place an excessive burden on the network or system of the Services;
- acts that threaten to interrupt the operation of the Services;
- acts to access or attempt to access the system or network of the Services improperly;
- acts to impersonate a third party;
- acts to use the user ID or password of other users of the Services;
- acts of exploitation, advertisement, soliciting or marketing without the Companyʼs prior consent;
- acts to collect information of other users of the Services;
- acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
- acts that violate the Rules;
- acts to provide Antisocial Forces with profit;
- acts for sexual encounters between unknown persons;
- acts to do business activities among Socialization Participants, solicitation to network businesses, religion, self-development seminar, etc. ;
- acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
- other acts that the Company deems to be inappropriate.
Article 19 Suspension of the Services
- The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
- Computers or communication lines have been disrupted due to an accident;
- The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters;
- The Company becomes unable to provide the Service due to troubles or deviation of relating third party services such as SNS, infrastructure, etc. ; or
- The Company determines that suspension or discontinuance is required for other reasons.
- Under no circumstances shall the Company be liable for any damages incurred by the User arising out of any measures taken by the Company pursuant to this Article 15.
Article 20 Ownership of Rights
- Any and all IP Rights related to the Website and the Services are expressly reserved by the Company or the Companyʼs licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company or the Companyʼs licensor.
- The Registered User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted does not infringe any third partyʼs rights.
- The Registered User hereby grants to the Company a worldwide, non-exclusive, royalty-free, and sublicensable and transferable license to use, reproduce, distribute, make, express, translate and create derivative works of the Posted Data through any form of the medias not limited to the web. The Users cannot demand any fees to the Company regarding the use of Posted Data.
- The Registered User hereby agrees not to exercise moral rights against the Company or any other person who succeeded to the same from the Company or a licensee thereof.
- The Company gives Registered Users a worldwide, royalty-free, revocable, non-assignable and non-exclusive license to re-post any of the Registered User’s own Posted Data on the Service anywhere on the rest of the web internationally. However, the User must follow conditions below:
- do not modify the content of the Posted Data;
- attribute the Service by name in readable text and with a human and machine-followable link (an HTML anchor tag) linking back to the page displaying the original source of the content on the Service on every page that contains original Posted Data;
- upon request, either by the Company or a Registered User, remove the user's names from Posted Data which the user has subsequently made anonymous;
- upon request, either by the Company or by a Registered User who contributed to the Posted Data, make a reasonable effort to update a particular piece of Posted Data to the latest version of the Service;
- upon request, either by the Company or by a user who contributed to the Posted Data, make a reasonable attempt to delete Posted Data that has been deleted or marked as not for reproduction on the Service;
- you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by the Company, or any Registered User of you or your use of the work;
- upon request by the Service, you must delete re-posted Posted Data; and
- you may not repost the Posted Data to websites that are against public order and good morals and inside frames.
- You acknowledge and agree that the Service’s contents (“Service Content”), texts, graphics, images, videos, characters, symbols, logos, mark, etc. are all protected by copyright, patent, trademark, trade secret or other proprietary rights and laws and belong to the Services and the provider of contents. You agree that except personal use, you are not to allowed to modify, download, copy, distribute, print any of Service Contents. Except as expressly authorized by the Company, you are prohibited to use Service Content to other websites or printed materials to make the Content public, no matter business objectives or not. However, you may use the logo image of the Service (“Service Logo”) which is provided in the Terms and Condition page. In that case, you must put a link to the Home Page of the Service, and you are prohibited to alter in any way such as aspect, color, etc. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you, you may not charge for anything, and all the rights belong to the Company. The Company may send information such as general news about the Service, or replies to feedbacks from User. The copyright of content in emails and email itself belongs to the Company. You are prohibited to modify, download, copy, distribute, print, etc. without a prior consent of the Company.
Article 21 Advertisement and Third Party Partners
Users agree that the Services may include advertisements of third parties. Also, User may receive emails including advertisement and by using the Service, User agrees to receive such emails.
Your correspondence or business dealings or warranties with, or participation in promotions of, advertisers or third party vendors found on or through the Service, are sole between you and such advertiser or third party vendor and the Company is not responsible for anything. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. The Company will not respond to Users inquiries about such business dealings.
Additionally, all product reviews and ratings are informative for those wishing to use them, but they are personal feelings and do not guarantee any accuracy of information. The Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the use of such product and services.
Article 22 Restriction and Registration Cancellation
- The Company may, without prior notice or demand, delete the Posted Data, or temporarily suspend the use or the part of use by the User of the Services, cancel the Registered Userʼs registration as such or terminate the Service Agreement, in the event of any of the following:
- The Registered User failed to comply with any of provisions hereof;
- Any of the Registration Information is found to be false;
- The Registered User underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or another similar procedure was filed against the Registered User;
- The Registered User has not used the Services for 6 months or more;
- The Registered User has not responded to inquiries from the Company or other communications requiring its response for 30days or more;
- The Registered User falls under any of the subparagraphs of Article 4.4; or
- In addition to the foregoing, if the Company determined that it is not inappropriate for the Registered User to use the Services, maintain its registration as a Registered User, or have the Service Agreement remain in effect.
- If one or more of events specified above occurred, all amounts owed to the Company by the Registered User shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
- The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 18. If a User needs to preserve Posted Data, the User will save such data on his/her responsibility, and the Company is not responsible for preserving data.
Article 23 Withdrawal
- The Registered User may withdraw from the Services and cancel its registration as a Registered User by giving notice to the Company to that effect and pursuant to such manner as specified by the Company
- Upon withdrawal, all amounts then due and payable from the Registered User, if any, shall be automatically accelerated, and the Registered User shall immediately pay the Company such amounts in full.
- Treatment of user information after the withdrawal shall be subject to the provisions of Article 27.
Article 24 Services Modification and Termination
- The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the Registered User of any intended termination by the Company of the Services
- The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 20.
Article 25 Disclaimer and Waiver of Warranties
- THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects).
- Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the User to the Services, deletion of the registration of the User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (“Damages”). If a User needs to preserve any data, the User will save such data on his/her responsibility, and the Company is not responsible for preservation.
- We do not guarantee the truthfulness, lawfulness, safety, authority, or non-infringement of any Posted Data from User or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to content that might not guarantee the truthfulness, lawfulness, safety, authority, or non-infringement, or otherwise inappropriate. Under no circumstances will the Company be liable in any way for any damages, loss, or any other results caused by any content on the Service, including Posted Data, Users’ comments, and third party websites that are linked from the Website. All content is the sole responsibility of the person who originated such content. We may not monitor or control the Posted Data. The Company shall not be responsible for any claims and disputes caused by Posted Data, and the User should deal with his/her responsibility.
- You should not use the Service for emergency purposes, or to seek or provide diagnosis or advice to solve medical, psychological, or legal problems. The Service is not intended to give you highly professional advice on medical, psychological, law or any other categories. The entire risk for the use of the Service is borne by you.
- The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for:
- Operator of third-party websites, or truthfulness of operators;
- Truthfulness, lawfulness, safety, authority, or non-infringement of contents, products, services, and any other things that third-party websites hold; and
- Links to such websites or resources do not imply any endorsement by the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
- Anyone linking to the Service must comply with the following guidelines;
- You may not replicate the Service's content;
- You should not imply that the Company is endorsing particular products or services;
- You should not misrepresent its relationship with the Service;
- You should not present false information about the Service; and
- The website linking to the Service may not have content that is against public order and good morals.
- Priciple of self-responsibility
- Users shall have all the responsibilities in using the Services, behaviors in the Services, and consequences from the use of the Services.
- If the Services or any third parties get damages from the use of the Services by Users or behaviors in the Services by Users, (including damages caused by the User by not following the obligations stated in this Terms and Conditions) the User must compensate damages by his/her responsibilities and expenses.
- The Company shall not be liable for any amount exceeding the consideration paid by the User to the Company for the immediately previous 6months in relation to Damages incurred by the User that are attributable to the Company for any reasons whatsoever. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS.
- The Company shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or a third party in connection with the Services or the Website.
Article 26 Confidentiality
The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on the User a confidentiality obligation in connection with the Services unless the User has obtained prior written approval from the Company.
Article 27 Treatment of User Information
- The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
- The Company shall have permission to use the information collected through the Service (including information that Users registered, posted, transmitted through the Service and Users’ personal information) in restrictions under the Terms and Conditions, even in cases which User or Registered User terminate the use of the Service, the account of Registered User is deleted, or the Service is terminated. Also, all the conditions written in the Terms and Conditions shall remain effective.
Article 28 Amendments
The Company reserves the right to amend or change these Terms and Conditions. In the event of any amendment or change to these Terms and Conditions, the Company shall notify the Registered User thereof. If the Registered User uses the Services or fails to take steps to cancel its registration within the time specified by the Company after the notice set forth above, the User shall be deemed to have agreed to such amendment or change to these Terms and Conditions.
Article 29 Notice
Any inquiries with respect to the Services or other communications or notices from the User to the Company, or the notices concerning any amendment to these Terms and Conditions or other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.
Article 30 Assignment
- The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
- The Company may transfer; inherit, sell, merge, or in any other ways, the whole or parts of the business of the Service. In cases where the Company has assigned the business or parts of the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the Registered User, and the User hereby agrees to such assignment in advance. For the purposes of this Article 26, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
Article 31 Severability
If any provision of these Terms and Conditions or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
Article 32 Governing Law and Jurisdiction
- These Terms and Conditions shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
- Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.