Access and Use of the Service
Services Description: The Service is designed to provide consumers access to data, information, points of interest, activities, special deals, experiences, and plans (collectively, the “Plans”) regarding local destinations and activities and to provide local host (which may hereafter be referred to collectively as the “Local Host(s)”) a platform for easily providing consumers such information and offers.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Travee of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Travee will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Travee reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Travee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Travee may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Travee’s servers on your behalf. You agree that Travee has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that Travee reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Travee reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (the “Content”) that you upload, post, publish or display (hereinafter, the “Post”) or otherwise transmit or use via the Service, whether as a Local Host, end user or otherwise. The following are examples of the kind of content and/or use that is illegal or prohibited by Travee. Travee reserves the right to investigate and take appropriate legal action against anyone who, in Travee’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
- Post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Travee, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Travee or its users to any harm or liability of any type;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 20;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- violate any applicable local, national or international law, or any regulations having the force of law, including Japanese Translation Guide Law (Tsuyaku-annai-shi ho)
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
User Fee Terms: When you purchase a Plan, Travee will verify your payment information. In addition to the fees you pay for the Plan, you acknowledge that Travee reserves the right to charge for any portion of the Service (the “Service Fees”) and to change its Service Fees from time to time in its sole discretion.
The Service Fee is currently the total of (a) 10% of the price of the Plan, (b) a transaction fee that is 3.8% of the price of the Plan and (c) 40 JPY; provided, however, that if the price of the Plan is less than 10 USD, the Service Fees shall be 3 USD. Further, a consumption tax may be added to the Service Fees where applicable. You agree to pay all fees when due through a method designated by Travee and in accordance with the terms set forth on the Site and these Terms of Service. If you are required to provide Travee information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let Travee know within three (3) days after the date that you enjoy the Plan purchased. The refund of any fee payment shall be made only after Travee accepts such request for refund. If Travee terminates your account and use of the Service because you have breached these Terms of Service, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
Host Fees and Promotion
You, as a Local Host, agree to pay the host fee (the “Host Fees”) though a method designated by Travee when your Plan is sold. You acknowledge that Travee reserves the right to change its Host Fees from time to time in its sole discretion. The Host Fee is currently 20% of the price of the Plan, and any consumption tax if applicable. Travee may apply different Host Fee for certain Local Hosts that Travee may designate separately in its sole discretion. By creating Plans on our Site, you, as Local Host, unconditionally agree to provide Travee’s end users with up to 20% discount on all your Plans any time Travee runs promotional campaigns. Travee shall not seek your approval before implementing promotion of up to 20%. Any promotion above 20% shall be communicated and agreed with Local Host.
Special Notice for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Travee, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own user content that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service is the property of Travee, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Travee. The Travee name and logo are trademarks and service marks of Travee. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Travee. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Travee Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Travee Trademarks will inure to our exclusive benefit.
User Contents: You hereby grant to Travee a worldwide, non-exclusive, free, sublicensable and transferable license for the use, duplication, distribution, creation of derivative work, display and implementation of or from data transmitted through the Site. You hereby agree that they you will not exercise moral rights of an author against Travee or persons who succeed to, or are licensed, rights of Travee. You acknowledge and agree that the grant of license and agreement above are for an unlimited duration, and cannot be cancelled or revoked because of your withdrawal, cancellation of registration, deletion of registration, or any other reason.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Travee has no control over such sites and resources and Travee is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Travee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Plan, Service, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (if you are a Plan purchaser, including Local Hosts, and if you are a Local Host, including a purchaser of your Plan) found while using the Service are between you and the third party, and you agree that Travee shall in no event and under any legal or equitable theory not be liable for any loss or claim that you may have against any such third party.
Limitation of Liability
WHETHER YOU ARE A PLAN PURCHASER OR A LOCAL HOST, IN NO EVENT SHALL TRAVEE, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS TERMS OF SERVICES UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND TRAVEE’S REASONABLE CONTROL.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Travee expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of creator ability, fitness for a particular purpose, title and non-infringement. Travee makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations.
This Terms of Service shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. You agree that Travee, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Travee believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Travee may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Travee may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Travee shall not be liable to you or any third-party for any termination of your access to the Service. All provisions of this Terms of Service which, by their nature, should survive termination, shall survive termination, including, without limitation, warranty disclaimers, and limitation of liability.
You agree that you are solely responsible for your interactions with any other users or Local Hosts in connection with the Service and Travee will have no liability or responsibility with respect thereto. Travee reserves the right, but has no obligation, to become involved in any way with disputes between you and any other users of the Service
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Travee shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Travee’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Terms of Services is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Services shall otherwise remain in full force and effect and enforceable. This Terms of Services is not assignable, transferable or sublicensable by you except with Travee’s prior written consent. Travee may transfer, assign or delegate this Terms of Services and its rights and obligations without consent. Travee and you agree that this Terms of Services is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Terms of Services, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Terms of Services and you do not have any authority of any kind to bind Travee in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. This Terms and Conditions shall be governed by, and construed in accordance with, the laws of Japan. Any dispute arising out of or in connection with this Terms and Conditions or the Service shall be solely resolved through a legal proceeding before the Tokyo District Court, which shall have the exclusive, first-instance jurisdiction over the dispute.
Questions, Concerns or Suggestions
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.