Article 1 (Application of the Terms)
2. The Services shall be operated using the online platform provided by the Company and provided in accordance with the Terms.
Article 2 (Definitions)
The following terms used in the Terms shall have the meanings as defined in the respective items:
(1) The term “Services” refers to services in which a Guide designs a plan that can be provided to a Traveler, the plan is posted on the Site, and the Traveler reads and considers the plan that was registered and can then directly conclude an agreement with the Guide in relation to the Registered plan.
(2) The term “Member” refers to an individual who has been given membership qualifications for the Services by the Company’s prescribed method.
(2) The term “Member” refers to an individual who has been given membership qualifications for the Services by the Company’s prescribed method.
(4) The term “Traveler” refers to a Member of the Services who will be provided a Registered plan.
(5) The term “Registered plan” refers to a service plan (including but not limited to Guide service) that a Guide designs for the purpose of provision to a Traveler and that has been registered on the Site through the Services.
(6) The term “Agreement” is an agreement that will be concluded between a Guide and a Traveler for the purpose of the Guide providing the Traveler with a Registered plan that was posted on the Site, and the Traveler receiving that provision.
Article 3 (Revision of the Terms)
1. The Company may amend the Terms at any time at its own judgment without prior notification to the User or approval by the User. In addition, for the use of the Services by the User after the relevant change, the amended Terms shall be applicable, and through the relevant use, the User shall be deemed to have consented to the relevant amendment.
2. The amended Terms shall come into effect as of the time when it is posted on the Site, and the User shall be obligated to check the latest specifics of the Terms on a regular basis.
3. The Company shall assume absolutely no liability whatsoever for damage incurred by the User due to amendment of the Terms.
Article 4 (Services)
1. The Site and the Services make it possible for a Traveler to read information about a Registered plan that a Guide has posted on the Site and that provide an online platform for the Traveler to directly make a reservation for that Registered plan with the Guide, and will be used for the purpose of linking the Guide with the Traveler and having both parties directly conclude the Agreement.
2. On the nature of the Site and the Services provided in the preceding paragraph, the Members shall agree that the Company will not be a party to the Agreement nor be a proxy to the Agreement, and shall execute this Agreement at own risk.
3. In the event that an Agreement is established, the Guide will perform work based on that Agreement him or herself, and the Company will not supervise or command the Guide specifically about the content of the Registered plan that the Guide posted or the method of performance.
4. All contact between the Guide and the Traveler will be conducted using the message function within the Services. Therefore, the exchange of contact numbers or email addresses, etc. shall be prohibited in principle. Concerning exchanges performed in violation of this paragraph without going through the Services, the Company shall assume absolutely no responsibility.
5. A Guide or a person who was a Guide in the past may not, without using the Services, conclude or solicit the conclusion of the Agreement with a Traveler or a person who was a Traveler in the past.
Article 5 (Member Registration Procedures)
1. A person who uses the Services shall perform the member registration prescribed by the Company, and when the Company accepts the member registration application, eligibility as a Member shall be granted to the person.
2. The person who is to perform member registration under the preceding paragraph shall perform the member registration application by entering in the entry form on the member registration page at the Site the name, country of address, telephone number, email address and other information separately designated by the Company, and by transmitting this to the Company or other method separately designated by the Company.
3. Member registration application shall be performed directly by the person who is to be a Member, and except for in cases separately recognized by the Company, member registration by third parties is not accepted.
4. A person who is to be a Member shall not enter false content in the member registration application.
5. A person who is under twenty years old cannot conduct member registration.
Article 6 (Refusal of Registration as Member)
1. A person who has applied for member registration under paragraph 1 of the preceding article (hereinafter referred to as the “Registration Applicant”) shall agree in advance that, if the Registration Applicant falls under any of the following items, the Company may not accept the application, and in such instance, the Company shall not be obligated to disclose the reasons therefor:
(1) When the Company judges that the Registration Applicant is not eligible for registration as prescribed by the Company;
(2) When the Company judges that the Registration Applicant may possibly neglect the obligations under the Terms;
(3) When the Company judges that the content entered by the Registration Applicant include false information;
(4) When it is discovered that use of the Services by the Registration Applicant has been refused in the past due to violation of the Terms, etc.;
(5) When the Company judges that the Registration Applicant is violating the representations and warranties stipulated in Article 31.1
(6) When the Registration Applicant is either an adult ward, a person under curatorship, or a person under assistance, and something such as the agreement of his or her legal representative, guardian, curator, or assistant was not obtained
(7) In all other cases where the Company judges registration to be inappropriate due to reasons considered reasonable under social norms.
2. Even after completion of the member registration, if a Member falls under any of the items in the preceding paragraph or violates the Terms, the Company may revoke the registration of the relevant Member and suspend provision of the Services.
Article 7 (Change and Deletion of Member Registration Information)
1. The Member shall, when there is a change in the name, sex, telephone number, email address or any other information separately designated by the Company, immediately notify the Company by the method separately specified by the Company; provided, however, that the Member shall agree that even if notification of a change has been made, a Registered plan that was started before the change is registered will be conducted based on the information from before the registration of the change.
2. The Company shall assume absolutely no liability whatsoever for damage, etc., that is incurred due to the fact that the Member himself/herself did not change the registered content properly.
3. The Member may delete the member registration by himself/herself by procedures separately provided by the Company.
Article 8 (ID and Password Management)
1. The Company shall request that a password necessary for use of the Services be set in order to ensure the security in the Services.
2. The Member shall manage the password set pursuant to the preceding paragraph strictly so that it is not known by a third party, and perform necessary and reasonable measures for prevention of misappropriation of the password, such as regularly changing the password, at his/her own expense and responsibility.
3. The Member shall take full responsibility for use and management of the password and shall not allow a third party to make use thereof nor shall the Member lend or assign the password, etc.
4. The Company may deem that access, use to the Service and all acts accompanying those performed by the email address and password registered as the Member’s are acts by the Member, irrespective of whether the relevant act is actually conducted by the Member. Even if there is a case where a person other than the Member is using the email address or password due to theft or unauthorized use or other circumstances, the Company shall assume absolutely no liability whatsoever for damage, etc. arising thereby.
Article 9 (Personal Information Protection)
2. The Company may create statistical data in a style by which the individual cannot be identified and make use thereof, and the Member shall consent thereto.
3. A Member will consent in advance to the fact that, in the event that an accident or other trouble has occurred in relation to the Agreement that was concluded between a Guide and a Traveler, if the Company has received from one of the Members, his or her representative or successor, or related party, etc. a request for disclosure of the other party’s Member information, the Company may disclose Member information to such a person.
Article 10 (Registered plan)
1. When making an application to the Company for the registration of a plan, a Guide will sufficiently confirm and follow the laws and regulations etc. of Japan, and will agree to the fact that in relation to services that require permission or authorization under a law or regulation etc., he or she will not provide services without obtaining such permission or authorization.
2. A Guide will apply for the registration of a plan by following the Company’s prescribed method.
3. A Guide may not apply for the registration of a plan that falls under one of the items below.
(1) A plan that are or are likely to be against the public morals or order
(2) A plan that have no actual substance or which cannot be hosted
(3) A plan that, although they require a special license to provide the services, are provided by a person does not have the relevant license or permission, etc.
(4) A plan that goes against a law or ordinance of the country or region where the Registered plan will be provided
(5) A plan that are linked to significantly dangerous acts or that assist such acts
(6) A plan that is considered culturally or religiously taboo
(7) A plan that engage in criminal acts or acts in relation to or induce criminal acts
(8) A plan that fall under acts of obscenity or child pornography
(9) A plan that fall under prostitution and procuring prostitution
(10) A plan that use regulated chemicals such as stimulants or drugs, etc
(11) A plan that are for the purpose of or for inducing unhealthy encounters
(12) Any other plans that are judged inappropriate by the Company at its discretion
4. The User will consent in advance to the fact that, in the event that a plan for which a Guide made an application for registration to the Company falls under one of the items of the previous clause or goes against the Terms, the Company may reject the application at its own discretion or delete the Registered plan after registration, and in such a case, the Company will not bear an obligation to disclose its reason therefor.
5. All liability related to a Registered plan will lie with the Guide who applied for the registration of that plan and the Guide who provided such Registered plan, and the Company will not bear an obligation for screening, monitoring, or deleting a plan for which an application was made or that was registered. The Company will not bear any liability whatsoever even if a Member or third party has incurred damages because the Company registered the relevant plan or did not delete such Registered plan.
6. For ideas related to a plan for which an application for registration has been made, the Guide will license to the Company all rights of use for the purpose of the Company using them in the Services. In addition, matters concerning information that the Guide provided to the Company in association with the registration of a plan (including but not limited to text, photographs, images, videos, music, sound, other information, and information that is generated or derived from such information) will follow Article 27.1 and Article 27.2.
Article 11 (Registered Plan Price)
1. The Company will indicate the price for the provision of a Registered plan by a Guide (hereinafter referred to as the “Registered Plan Price”) for each Registered plan.
2. A Guide can add a designation fee to the Registered Plan Price, within the rates or amounts allowed by the Company, based on the ranking system formulated by the Company and other rules stipulated by the Company.
3. A Traveler will separately bear the consumption tax that will be imposed on the Registered Plan Price.
Article 12 (System Use Fees)
1. The Company will charge a Traveler an amount equivalent to 10% of the Registered Plan Price, as a fee for using the system related to the Services (hereinafter referred to as the “System Use Fees”).
2. In the event that a designation fee has been added to the Registered Plan Price, the fee for using the system will be the amount equivalent to 10% of the amount after the designation fee is added.
3. A Traveler will bear the consumption tax that will be imposed on the System Use Fees.
Article 13 (Establishment of the Agreement)
1. For a Registered plan in which a Traveler wants to participate, the Traveler will specify the necessary matters such as the date and the number of participants and then send a request for Guide solicitation.
2. When a request under the previous clause has been received from a Traveler, the Company will send a notification of the request under the previous clause to Guides who are capable of handling the area, based on information that the Guide reported to the Company in advance. The Guide who has received the notification under the previous clause will carefully examine the information of the traveler who made the request and the content of the Registered plan, and then conduct entry for that request at his or her own liability. A Guide will judge whether or not he or she has the qualifications and safety management abilities that are necessary for providing the Registered plan at his or her own responsibility.
3. A Traveler will confirm information about the Guide who conducted entry in accordance with the Traveler’s request, and will designate the Guide at his or her own responsibility. The Agreement will be established at the time when a traveler designates one Guide from among the Guides who conducted entry, and pays the Company the Registered Plan Price and the System Use Fees by the method stipulated by the Company.
4. Only in cases in which a designation fee was clearly indicated when a Guide conducted entry will it be deemed that the traveler also consented to the addition of a designation fee at the time the relevant Guide was designated.
Article 14 (Performance of Agreement)
1. Things such as various types of work, contact, performance of legal obligations, and handling of trouble that arise under the Agreement that was concluded between a Guide and a Traveler will be handled between the parties. The Company shall assume no responsibility whatsoever for any matter relevant to the Agreement.
2. After the conclusion of the Agreement, the Guide will bear an obligation to perform work according to the relevant Agreement, will comply with various laws and regulations etc., and will sincerely perform work based on the Agreement.
3. In the event that, in relation to the performance of the Agreement, a change has arisen for something such as work content, the Registered Plan Price, or a date or time that was agreed upon in advance between a Guide and a Traveler, or in the event that incidental work has arisen, the parties will conduct a additional agreement between themselves, and the Company will not be involved in the existence, non-existence, or content of that agreement and will not bear any responsibility whatsoever for damages that arise as a result.
4. A Guide and a Traveler will strive to arrive at the place and time that was mutually agreed upon, and in a case such as tardiness, the relevant party will sincerely and promptly contact the other party.
Article 15 (Service Fees for Matching)
1. The Company will receive 20% of the Registered Plan Price, as a service fees for matching (hereinafter referred to as the “Service Fee for matching”). The Company can make an allotment to that Service Fee for matching, by the method of deduction from the Registered Plan Price that a Traveler has paid the Company.
2. When a designation fee was added to the Registered Plan Price, the Service Fee for matching will be 20% of the amount after adding the designation fee.
Article 16 (Payment to the Guide)
1. After the date a Registered plan was conducted based on the Agreement, the Company will use a review posted by the Traveler to confirm that the Registered plan was conducted, and will then pay the Guide, via PayPal, the amount that results from deducting the Service Fee for matching under the previous article from the Registered Plan Price.
2. Irrespective of the provisions of the previous paragraph, in the event that a Traveler does not post a review within three days after the date a Registered plan was conducted, unless there are special circumstances, the Company will deem that the Registered plan was conducted and will pay the Guide.
3. Irrespective of each of the paragraphs above, in the event that the Company has judged at its own discretion that it is inappropriate to pay a Guide at the relevant time (including but not limited to cases in which the Company has recognized that a dispute arose between the Guide and the Traveler), the Company may postpone that payment.
Article 17 (Cancellation of the Agreement)
1. In the event that the Traveler or the Guide cancels the Agreement after the establishment of the Agreement, the cancellation fee will be charged according to the Cancellation Policy separately provided.
2. In the event that all or a portion of the Registered Plan Price and the System Use Fees is to be refunded due to the cancellation of the Agreement, refund procedures will be conducted according to the Company’s prescribed method after the Traveler’s procedures are completed according to the Company’s stipulated method. The Traveler shall agree in advance that there are cases in which the refund to the Traveler will be delayed due to circumstances of individual credit card companies, etc. In addition, handling charges relating to the refund shall be borne by the Traveler.
3. A Traveler will consent to the fact that, even after the Agreement has been established, there may be a case in which the Guide cancels the Agreement through the Services due to an unavoidable reason, and the compensation for the Traveler in such a case will be limited to the return of the Registered Plan Price and the amount equivalent to the System Use Fees, and Traveler will not be able to claim damage compensation from the Company in excess of those amounts.
Article 18 (Obligation of tax payment)
A Member will bear and handle, at the Member’s expense and responsibility, the obligation of tax payment that he or she bears in relation to the Services, and the Company will not be involved in it whatsoever.
Article 19 (Posting of reviews etc.)
1.The Guide and the Traveler can register on the Service evaluations and comments etc.(hereinafter referred to as the “Review”) about the other party that concluded an agreement related to a Registered plan with him or herself. The Guide and the Traveler understands that their mutual Reviews and accumulated information are essential for the nature of the Services, and they will actively cooperate in posting the Reviews.
2.The Guide and the Traveler shall agree in advance to the fact that a Review related to him or herself is posted on the Site, and even if it is a negative Review, he or she cannot ask the Company to delete it.
3.The copyrights (including the rights of Article 27 and Article 28 of the Copyright Act of Japan) for a Review that was posted will transfer to the Company at the time of posting, and a Member shall agree in advance to the fact that the Company may duplicate, translate, or alter a Review and that it may reprint it outside the Site or license its use to a third party. In addition, a Member will not exercise the moral rights of author for a Review that he or she posted.
4.In the event that the Company judges that something is an inappropriate Review (including but not limited to discriminatory expressions, obscene expressions, threats, privacy infringement, and content that provokes or promotes crime), the Company can delete all or parts of the relevant Review. A Member can ask the Company to delete a Review that he or she thinks is inappropriate, but judgment of whether or not deletion is necessary will be made at the Company’s discretion, and the Company will not bear an obligation to notify the Member of the result of the judgment or the reason for that judgment. A Review is something that reflects the personal opinions of the Guide or Traveler who posted it, and the Company will not make any guarantees about the truth or accuracy of the content of a Review. A Member will read and use Reviews at his or her own responsibility.
5.A Guide shall agree in advance that in when a Guide has violated an individual clause of the Terms, or when a Traveler complains about the Guide etc., the Company can disclose the information of the violation or complaint on his or her profile on the Site.
6.The Company can, based on its own judgment, post on the Site additional information related to a Guide, and except the relevant information is contrary to facts, the Guide will not make any objections whatsoever.
7.Even if a Guide or a Traveler has deleted his or her own Member registration and conducted Member registration again, the Company can, based on its own judgment, post a Review from before the deletion of the Member registration.
Article 20 (Taking photographs while a plan is being conducted)
1. A Traveler shall agree in advance to the fact that, when a Guide has taken photographs or videos that include the Traveler’s portrait while a Registered plan was being conducted, those photographs or videos may be uploaded onto the Site or used by another method within the Services. When the Traveler objects to this, he or she will use the method stipulated by the Company to declare to the Company in advance that he or she does not agree with this, and he or she will restrict the Guide’s actions of taking photographs or videos while the Registered plan is being conducted or will tell the Guide that he or she prohibits their use in the Services.
2. When a Guide take photographs or videos including a Traveler’s portrait, the Guide will strive to confirm the Traveler in advance whether or not it is possible to upload relevant photographs or videos onto the Site and use them within the Services.
Article 21 (Immunity)
1. The Company makes no warranty about the lawfulness, trueness, accuracy, secureness, reliability, or usefulness of information provided in the Services and information exchanged between the Members, and the fact that use of the Services and an Agreement executed using the Services will satisfy the desires of the Member, or will be useful, etc., and shall assume absolutely no liability for damage or loss, etc. incurred by the User in relation thereto
2. The Company will not make any guarantees about whether or not an Agreement related to a Registered plan will be established, and whether or not an Agreement that was established through the Services will actually be performed etc
3. A Member will, at his or her own expense and responsibility, investigate whether or not use of the Services and performance of an Agreement related to a Registered plan violates laws and regulations, etc., that apply to the Member, and the Company will not make any guarantees that the Member’s use of the Services or performance of an Agreement related to a Registered plan does not violate laws and regulations that apply to the Member
4. The Company will not bear any liability whatsoever for damages or loss, etc., that a Member incurs due to the suspension or cancellation of provision of the Site, deletion of Member registration, interruption, change, addition, or abolition of the Site or the Services etc
5. The Company will not bear any responsibility whatsoever for things such as damages or loss that a Member incurs in relation to the use of the Site or an Agreement between Members
6. The Company shall assume absolutely no liability for trouble between the Members in relation to the Agreements between Members established via the Services and damage caused by a Member to another Member or a third party
7. Even in the case where a link from the Site to another website, etc., or link from another website, etc. to the Site is created, the Company shall assume absolutely no liability for any website, etc. other than the Site and information obtained therefrom
8. The Company will not bear any expenses whatsoever for equipment or communication lines that are necessary when the User uses the Services
9. Even if a device, equipment, or software that the User uses is not suitable for using the Site, the Company will not bear an obligation to fix or correct the Site.
10. The Company will not bear any liability whatsoever for any damages that arise interruption, delay, or suspension etc. of the Site’s system due to a performance decline, problem, or fraudulent access of a communication line, software, or hardware etc.
11. The Company does not warrant that the email and web contents, etc. sent by the Company in relation to the Services do not include anything hazardous such as computer viruses.
12. Information registered by the Members on the Services may be damaged or lost due to system malfunction, etc. The Company shall assume no obligation to back-up the relevant information or the obligation to repair such information when the relevant information is damaged or lost, and it shall assume absolutely no liability for damage incurred by the Member or a third party due to damage or loss of the relevant information.
13. The Company may provide information or give advice as necessary to the Member but the Company shall bear no obligation or responsibility thereby.
14. The Company shall assume absolutely no liability for damage incurred by the Member or other third parties due to violation of the Terms, etc. by the Member.
Article 22 (Prohibitions)
The Member shall not engage in the following activities in relation to the use of the Services.
(1) Post a Registered plan in violation of the laws and regulations applicable to the Member on the Site, or execute an Agreement relevant to the Registered plan in violation of the laws and regulations
(2) Transmit or register information contrary to the truth
(3) Alter or delete information that can be used through the Site, or attempt to do such act
(4) Prejudice intellectual property rights such as copyrights or trademark rights, assets, privacy, portrait rights, publicity rights, etc. of the Company or other third parties, or commit acts that may prejudice these
(5) Discriminate against or slander the Company or a third party, or harm the dignity or credibility of the Company or a third party
(6) Masquerade as another person to transmit information, etc. to the Company
(7) Transmit email of advertising, promotion or solicitation, etc. to the Company or a third party without permission, transmit email to cause the recipient to have feelings of disgust, interfere in others receiving email, request a third party to forward chain-email, or forward email in response to such request
(8) Engage in criminal acts, or act in relation to or induce criminal acts
(9) Establish a pyramid scheme or solicit such a scheme
(10) Utter words or commit deeds that fall under obscenity or child abuse, or send or post images or documents, etc. that fall under those
(11) Engage in electioneering activities or similar acts, specific political activities, solicitation of organizations, services or activities that are judged by the Company to have no relation to the Services
(12) Use, provide or recommend to a third party hazardous programs such as computer viruses
(13) Masquerade as another Member or a third party to use the Services
(14) Attempt to access fraudulently the computer system or network that is connected to the Site
(15) Introduce or solicit, etc. Members or other third party services in competition with or which may be in competition with the Services
(16) Have multiple member registrations by the same person
(17) Delete one’s own Member registration and conducting Member registration again for the purpose of resetting one’s own evaluation stipulated in Article 19 etc.
(18) Cause excessive hurt, or mental pain, or degrade the character of another Member or a third party, or commit any other act considered inappropriate in general
(19) Disclose personal information of another Member acquired through the Services to a third party
(20) Sell items or provide services not desired by the Traveler, or guide, solicit or stop-by a souvenir shop or other specific store not desired by the Traveler
(21) Violate the Terms, or provisions relating to the Services separately provided by the Company
(22) Act against the laws and regulations or public order and morals (including, but not limited to, prostitution, violence, other cruel acts) in addition to the preceding items, or acts to cause disadvantages to the Company, Members or other third parties
(23) Act to aid or promote the acts in the preceding items
(24) Commit any other act judged inappropriate by the Company
(25) Conduct transactions between Members not through the Services based on information posted on the Services
Article 23 (Record of Access Logs, Messages, etc.)
1. The Company may record the IP address of the User and access logs, etc. of the date and time of use of the Services, etc. from the relevant IP address.
2. Exchanges between Members by using the message function on the Services can be viewed by the Guide and Traveler who exchanged messages and the Company. A Member shall agree in advance that the Company access and save etc. message contents and access logs, for the purposes of sound operation of service and support.
3. Even though the Company retains messages transmitted between Members and access logs and other information for a certain period for operations, the Company shall bear no obligation to retain such information, and may at any time delete such information.
4. The Company shall assume absolutely no liability for damage incurred by the User due to measures taken by the Company under the preceding paragraph.
Article 24 (Deletion of Information)
1. When the Company has judged that information a Member has registered on the Site etc. falls under a prohibited matter stipulated in Article 22 or another prohibited action stipulated by the Company, the Company can delete the relevant information from the Site. In such instance, the Company shall notify the person who registered the relevant information before or after the fact by the method judged reasonable by the Company.
2. The Company shall assume absolutely no liability even if any damage is incurred by the Member or a third party due to the deletion of information, etc. as provided in the preceding paragraph.
3. All responsibility related to information that a Member has posted on the Site lies with the person who registered the relevant information, and the Company does not bear an obligation to monitor or delete that information. Even if any damage is incurred by the Member or a third party due to failure to delete the relevant information by the Company, the Company shall assume absolutely no liability.
Article 25 (Cancellation, Suspension and Discontinuation of the Services)
1. The Company may temporarily suspend the Services and use of the Site in the following cases by prior notice to the User; provided that, in emergencies, prior notice may be omitted.
(1) When maintenance and management or specifications changes in the Services or the Site are performed
(2) When an act of God or other emergency situation arises or may arise and it becomes necessary to suspend use of the Services and the Site for disaster prevention and maintenance of order
(3) When material disorder arises in the Services or the Site and it becomes necessary to conduct repairs and checks, and perform modification work, etc., urgently
(4) In any other case where the Company judges it necessary to suspend the Services or the Site temporarily
2. When any of the following items is applicable to a User, the Company may suspend use by the User of all or part of the Services or the Site, or delete the member registration, or suspend provision of the Services.
(1) When committing acts that falls under a prohibited matter stipulated in Article 22
(2) When the Company has judged that a declaration or guarantee stipulated in Article 31.1 is being violated
(3) As for Member, when the Company judges that use of the Services and the Site by the relevant Member is inappropriate due to the fact that evaluation of the Member is conspicuously poor, and complaints from other Members occur, etc.
(4) In any other case where the Company judges that use of the Service and the Site by the User is inappropriate due to reasons considered to be reasonable based on social norms
3. The Terms shall be in effect during the period in which the Services and the Site are suspended pursuant to the preceding paragraphs.
Article 26 (Disputes)
1. Agreements relating to the Registered plan shall be directly executed between the Guide and the Traveler, and if any dispute arises between the Guide and the Traveler, that shall be settled between the Guide and the Traveler concerned. The Company shall assume absolutely no responsibility for disputes between the Guide and the Traveler.
2. If a Member receives a claim from another Member or a third party in relation to the Services and a dispute arises between the Member and such person, the Member shall notify the Company of the details immediately, and the relevant claim or dispute shall be handled at the responsibility and expense of the Member. When the Company so requests, the Member shall report to Company on the progress and results of the dispute.
3. In relation to the use of the Services by a User, if the Company receives any claim due to prejudice of rights or for any other reason from another User or a third party, the User shall indemnify the Company for the amount unavoidably paid by the Company to the relevant third party based on the relevant claim.
Article 27 (Intellectual Property Rights)
1. The Member shall grant to the Company assignable nonexclusive license with the right to sublicense permanently free of charge to use, disclose, indicate, regenerate, modify, translate, reproduce, distribute, create or delete derivative copyrighted works, etc. worldwide of the information (including, but not limited to, text, photo, image, video image, music, voice and other information and information that arises or is derivative from that information) uploaded by the Member on the profile page or other webpages of the Site, and the Member shall exercise no moral rights thereto.
2. The Member shall represent and warrant that the information registered on the Services does not prejudice the portrait rights, publicity rights, copyrights, trademark rights, design rights and other rights of a third party, and if any dispute arises relevant thereto, the Member shall settle the issue at his/her own responsibility and expense.
3. All rights attached to all programs, software, manuals and other works composing the Services and the Site, and various data provided by the Services, etc., as well as patent rights, trademark rights, copyrights and other rights relevant to the Services and the Site shall belong to the Company or a third party that grants the use thereof to the Company, and the Member must not prejudice the relevant rights; provided that the Company does not warrant that the use of the Services and the Site do not prejudice the rights of a third party.
Article 28 (Assignment of Rights and Obligations, etc.)
1. The Member must not assign or succeed or encumber all or part of the rights and obligations under the Terms and the status under the Agreement.
2. When the Company assigns the business relating to the Services to another company, the Company may assign the rights and obligations under the Terms and status under the agreements between the Company and the User, and the Member information and other customer information to the assignee of the relevant business assignment as a result of the relevant business assignment, and the Users shall be deemed to have agreed to such assignment in advance. Business assignment provided in this paragraph shall include not only ordinary business assignment, but also corporate split or any other case in which a business transfer occurs.
Article 29 (Severability)
If any of the provisions of the Terms or parts thereof are judged invalid or unenforceable under the laws and regulations, etc., the other remaining parts of the Terms and other parts of provisions that are judged invalid or unenforceable partially shall remain fully in effect.
Article 30 (Indemnification)
When the User causes damage to the Company due to violation of the Terms or willful act or error in addition to the cases specially provided in the Terms, the User shall assume liability to the Company to indemnify the Company immediately for all damage.
Article 31 (Elimination of Anti-Social Forces)
1. The Member shall represent and warrant to the Company as to the following items.
(1) Is not an Anti-social Force, or was not an Anti-social Force
(2) Does not cooperate in or is not involved in the maintenance and operation of Anti-social Forces
(3) Does not have involvement with Anti-social Forces
(4) Does not use Anti-social Forces
2. Anti-social Forces in the preceding paragraph shall indicate organizations or individuals that fall under any one of the following items.
(1) Organized crime group as defined in Article 2, item 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members and related organizations
(2) Constituent member of an organized crime group and related organizations under the preceding item
(3) Organization or individual other than in the preceding items that makes improper requests and pursues economic interests using violence, force, threating words or fraudulent means
(4) Organization or individual that makes improper requests and pursues economic interests by implying that it has a relationship with an organization or constituent member under any of the preceding items
3. When the Company judges reasonably that a Member is in violation of the representations and warranties under paragraph 1, the Company may revoke the member registration immediately without any notice or demand.
4. When the Company revokes the member registration under the preceding paragraph, the Member shall forfeit the benefit of term for the payment of obligations accrued due to the use of the Services ipso facto and repay the relevant obligations in lump sum immediately.
5. The Company shall bear no obligation to indemnify for damage if any is incurred by the other party due to the revocation of member registration under paragraph 3.
Article 32 (Notice)
1. Notice or communications from the Company to Members in relation to the Services shall be made by posting to the email address registered by the Member in the Services, or on the appropriate place inside the Services, or by any other method judged appropriate by the Company.
2. Communications by the Member to the Company in relation to the Services shall be made by use of the messaging functionality of the Services or by a method designated by the Company.
Article 33 (Governing Law and Jurisdiction)
1. The Terms shall be governed by the laws of Japan.
2. All lawsuits in relation to the Terms between the Member and the Company shall be subject to the exclusive jurisdiction of Tokyo Summary Court or Tokyo District Court as court of first instance.