Chapter I General Provisions
Article 1 Details of Services and Scope of Application of Terms
Article 2 Definitions
The following terms used in the Terms shall be defined as follows, unless otherwise defined or can be otherwise interpreted in context.
- ”Company” shall refer to NaviTabi.
- ”Services” shall refer to the application service for mobile terminals provided by the Company and all other services provided through the website, etc.
- ”Member” shall refer to the individual (including group) or corporate body that has completed the stipulated member registration procedures.
- ”Organizer” shall refer to the Member organizing events and courses for Members, by using the Services upon agreeing to the Terms.
- “Contents” shall refer to but not restricted to information, data, text, picture, graphics, tags, courses disclosed within the Service by Members.
Chapter II Member
Article 3 Member Registration
- The party who wishes to use the Services shall, upon agreeing to the Terms, complete member registration by following the Company’s stipulated authorization procedures and entering information specified by the Company (hereinafter referred to as “Registered Information”). Registered Information shall include information registered at the time of member registration, as well as information requested by the Company at the time of use of the Services and the Member’s mobile terminal information in application services.
Article 4 Member ID
- The Member shall register a member ID (refers to the strings of letters for identifying the Member, hereinafter referred to as “Member ID” collectively with external service IDs) and a member password (refers to the strings of letters issued for each Member ID for confirming use by the Member himself or herself) at the time of member registration. External service IDs in the Terms shall include the strings of letters issued by the Company for identifying Members using external service IDs. Such external service ID and string of letters shall be handled as one (1) Member ID.
- The Member shall confirm that the Member ID may be disclosed to third parties in the use of the Services.
- The Member shall assume entire responsibility for the use and management of his or her Member ID and member password.
- The Member shall not have a third party use his or her Member ID and Member password and shall not use a third party’s Member ID and Member password.
- Even in the event that a third party uses the Services using the Member’s Member ID and Member password, whether due to reasons attributable to the Member or not, the said use of Services shall be deemed to have been taken by the Member except in the event acknowledged as due to the Company’s intent or gross negligence, and the Member shall assume entire liability.
- Even in the event that the Member incurs disbenefits or damages as a result of a third party other than the said Member using the said Member’s Member ID and Member password, whether due to reasons attributable to the Member or not, the Company shall assume no responsibility whatsoever except in the event acknowledged as due to the Company’s intent or gross negligence.
Article 5 Member Cancellation
- The Member may delete member registration by notifying the Company through the stipulated procedures.
- In the event that the Company judges that the Services have not been used for more than two (2) years, the Company may delete member registration of external service IDs determined by the Company as invalid.
- In the event of the foregoing paragraphs, the Company shall make no reimbursements whatsoever of money received from the Member.
Chapter III Services
Article 6 Use of Services
Article 7 Changes in Services
The Company may make changes in the details and specifications of the Services and discontinue or suspend provision of the Services without prior notice to the Member.
Chapter IV Organizer
Article 8 Approval of Setup and Rights and Obligations
The Organizer, by agreeing to below clauses, may provide course and events within the application.
- The Organizer shall be responsible for all Contents disclosed by the Organizer within the Service
- The Organizer may not create courses that may or may potentially infringe upon the rights of a third party.
- The Company, under its own discretion, may delete and hide any Contents. The Company not hiding or deleting is not an approval or warranty by the Company that the course does not infringe upon the rights of a third party.
- The Company may provide functionality, for fee or otherwise, to keep private or to disclose only to limited Users. The Member is responsible for deciding the use of these functions to disclose or not disclose.
Article 9 Use of Services
- The Organizer’s term of Service Agreement shall, in principle, be for a period of one (1) month or one (1) year. The term of use shall be from the day of conclusion of the Service Agreement until the last day of the month of termination of the Agreement.
- The Organizer shall be deemed to have agreed in advance to the automatic renewal of the Service Agreement, except in the event that there is notice of cancellation from the Organizer.
- In the event that the Service Agreement is fee-based and payment of usage fee at the time of renewal cannot be confirmed, the Company may judge that the Organizer has no intention to continue use and may decide not to renew the Service Agreement.
- In the event that the Organizer is to cancel a fee-based Service Agreement, the Organizer shall notify the Company at least thirty (30) days prior to the day of expiration of the Agreement. The fee-based Service Agreement shall terminate as of the day of expiration.
- The Company shall not be involved and shall assume no responsibility whatsoever, with respect to data maintenance after termination of the Agreement.
- By written notice before the day of expiration, the Company may decide not to renew the Agreement.
Chapter V Operation
Article 10 (Prohibited Matters)
The Member may not conduct the following acts.
- Acts using the Services impersonating a third party
- Acts interfering with a third party’s use of the Services
- Acts interfering the operation of the Services or acts in association with the operation of the Services, that can be legitimately judged by the Company as inappropriate
- Acts that analyze the Services’ source code
- Acts that utilize malfunctions, failures and vulnerability of the Services or Software
- Acts that infringe upon the rights of a third party by uploading data onto the Services.
Article 11 (Restrictions in Use)
- In the event that the Company judges that a Member has violated the Terms, the Company may take the following measures. In such event, the Company may, in some cases, not explain or disclose the reason.
- Notice or warning
- Deletion of data transmitted or disclosed by the Member
- Temporary or permanent termination of all or a part of the Services
- Deletion of member registration
- In the event that a Member owns more than one Member ID, the Company may take the measures set forth in the foregoing paragraph with respect to other Member IDs besides the Member ID used at the time of violation of the Terms.
- The Company shall assume no responsibility whatsoever with respect to disbenefits and damages incurred by the Member as a result of the foregoing paragraphs.
Article 12 (Self-responsibility)
- The Member shall use the Services and information obtained through the Services at the Member’s own responsibility and shall assume entire responsibility with respect to such use.
- In the event that the Member causes damages upon the Company or a third party as a result of acts conducted by the Member, the Member shall compensate for such damages.
- The Member will disclose Contents on the Services at the Member’s own responsibility.
Article 13 (Emergency Measures)
- In the event that the Company judges it necessary to take emergency measures in order for the sound provision of the Services, the Company may suspend the provision of all or a part of the Services to all or certain Members for the period set forth by the Company.
- In the event that the Company judges that a Member’s nonperformance of the Member’s obligations set forth in the Terms will be unfavorable for the sound provision of the Services, the Company may suspend the provision of all or a part of the Services to certain Members or restrict use.
- The Company shall assume no responsibility whatsoever with respect to disbenefits and damages incurred by the Member due to Paragraph 1 and Paragraph 2, except in the event due to the Company’s intent or gross negligence.
Article 14 (Temporary Suspension of Services)
- The Company may temporarily suspend the Services in order to conduct maintenance and update etc. of the Services.
- In the foregoing event, the Company shall notify the Member in advance except in the event of emergency.
- In the event that the provision of the Services becomes difficult due to natural disaster, war, fire, labor dispute, laws and ordinances and government orders, disorder attributable to the telecommunications carrier or other third party, or other situation beyond the scope of the Company’s control, the Company may temporarily suspend the Services.
- The Company shall assume no responsibility whatsoever with respect to disbenefits and damages incurred by the Member due to Paragraphs 1 to 3.
Chapter VI General Clauses
Article 15 (Intellectual Property Rights)
All intellectual property rights concerning the Services, the Services website and the Software shall belong to the Company.
Notwithstanding the above, Contents disclosed in the Services by the Member shall belong to the Member. The Member shall grant the Company a royalty-free, irrevocable, worldwide, transferable, sublicensable, right and license to use the Contents in the Services.
Article 16 (Personal Information)
Article 17 (Records and Disclosure of Information)
- The Company may keep records of IP addresses and records of use of the Services (access logs such as date and time of use, domain information, exchanges with other Members and situation of operation of the Services, etc.) of Members using the Services, information concerning personal computers and network mobile terminals used in the use of the Services (operation system, hardware, memory use, terminal ID (MAC address, terminal type (including model number), peripheral devices, country of connection, etc.) and encrypted external service IDs provided from external services.
- The Company may acquire information concerning the location (location information) from which the Member is currently accessing to the Services and use such information in a part of the Services.
- The Company may disclose the location of the Member as passing points (hereinafter referred to as “Route”) in the Services. Notwithstanding, cases where the function to keep the Route undisclosed is used is not included.
- By using the Services, the Member shall be deemed to have agreed to the Company’s disclosure of information uploaded by the Member, for the purpose of confirming records.
- In the following events, the Company may disclose to third parties, registered information, posted contents, access logs and other information owned by the Company.
- In the event disclosure is requested based on investigative, judicial or other legislative procedures;
- In the event of inquiries from organization such as bar associations, etc. based on legitimate reasons;
- In the event that the Company judges disclosure is necessary for protecting the life, body, property or other rights of a third party, or for protecting the Company’s operation of the Services, property or other rights; and
- In the event that information is disclosed as a part of the Services in form by which the individual cannot be identified.
Article 18 (Disclaimer of Warranty)
The Company grants no warranties and assumes no responsibility whatsoever with respect to the following matters, except in the event of the Company’s intent or gross negligence.
- That the Services satisfy the Member’s requests;
- That there are and will be no defects in the Services;
- That the Services are not infected by any computer viruses;
- That the Member’s computer or mobile terminal will not be subject to malfunction due to the use of the Services;
- That the Member’s rights or property will not incur disadvantages due to the use of the Services;
- That information, etc. acquired by the Member through the Services are complete, accurate and useful;
- That there will be no interruption or delay in the Services;
- That the Services or the Software do not infringe on the property, copyright, commercial right or any other right of a third party;
- That the Member will not infringe on the property, copyright, commercial right or any other right of a third party through the Services; and
- That data transmitted or represented by the Member will not be lost.
Article 19 (Restrictions in Compensation)
- The Company’s scope of liability shall be limited to ordinary and direct damages actually incurred by the Member regardless of the cause of claim, and the Company shall assume no responsibility whatsoever with respect to indirect damages, special damages, incidental damages, consequential damages and contingent damages (including, but not limited to opportunity loss and loss of data), even if the Company has been notified in advance of the possibility of the occurrence of such damages.
- The Company shall assume no responsibility whatsoever with respect to all physical damages, personal damages or death that may possibly occur during the Member’s use of the Services.
- The Company’s scope of liability shall be limited to the total amount of charges paid by the Member to the Company within the period of three (3) months prior to the day of occurrence of the fact serving as the cause of the Company’s liability.
- The provisions of Paragraph 1, Paragraph 2 and Paragraph 3 shall not apply in the event of the Company’s intent or gross negligence.
Article 20 (Governing Law and Jurisdiction)
- The Terms shall be governed by and construed in accordance with the laws of Japan, and the Tokyo Summary Court shall be the court with exclusive original jurisdiction in the event of any dispute arising between the Company and the Member in association with the Services or the Terms.
- In the event that the Member is to file a case in association with the Services or the Terms, the Member shall commence procedures within one (1) year from the occurrence of the cause and may not file a case on grounds of such cause after the passage of such period.