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NIPPON HODAI (日本放題®) Terms of Use

All users of NIPPON HODAI (日本放題®) are deemed to have agreed to the following NIPPON HODAI (日本放題®) Terms of Use. Please be sure to read them before using the service.

Article 1 [Definition of Terms]

The following terms shall have the meanings set forth below when used in these Terms of Use.

  • The Service: Means the service called NIPPON HODAI (日本放題®), which uses Web media (augmented reality) and location information technology to provide tourist information, etc.
  • User(s): Means all persons who use the Service, regardless of whether they have registered as a member.
  • Member(s): Means persons who have completed the registration procedure and can use the services uniquely provided to Members.
  • Terms of Use: These Terms of Use.
  • Individual Terms: New terms, provisions and important points with respect to certain matters instructed by the Company.
  • The Company: Telecom Square, Inc.
  • Usage Fees, etc.: Usage fees and other costs set forth in Article 6 [Usage Fees and Other Costs]

Article 2 [About the Terms of Use]

  • The Terms of Use define the basic conditions under which Users can use the Service.
  • Individual Terms shall constitute a part of the Terms of Use. In the event that the contents of the Terms of Use and Individual Terms differ, the Individual Terms shall prevail.
  • By using the Service, Users are deemed to have agreed to these Terms of Use.
  • The Company may change these Terms of Use without notice, and Users shall comply with the Terms after the change.
  • The Company may change or terminate the Usage Fees, etc., and other contents of the Service, without notice.
  • The Company assumes no liability for any disadvantage or damages incurred by Users as a result of changes to, or termination of, the Service.

Article 3 [Policy on the Handling of Personal Information]

The Company shall use personal information obtained from Users within the scope of the purpose of use of the Company’s privacy policy, and Users shall consent to this before using the Service.

Article 4 [System Requirements]

  • Users are responsible for preparing the equipment, software and internet connectivity required to use the Service at their own expense, and shall install and operate them appropriately.
  • The Company assumes no liability for any disadvantage or damages incurred by Users while connected to the Service as a result of their being disconnected due to the conditions of their network connection, etc.

Article 5 [Temporary Interruption of the Service]

The Company may suspend provision of the Service for the following reasons without notifying Users beforehand. The Company assumes no liability for any disadvantage or damages incurred by Users as a result of such suspension of the Service.

  • When the Company carries out system maintenance, inspection or repairs, etc.;
  • When the Service cannot be provided due to a fire or power outage;
  • When the Service cannot be provided due to a natural disaster; or
  • When it is necessary to suspend provision of the Service for other operational or technical reasons.

Article 6 [Usage Fees and Other Costs]

The usage fee for the Service shall be free of charge.

Article 7 [Member Registration]

  • Member registration is required for services that require Member registration to use the Service.
  • Regardless of whether before or after member registration, the Company will review a Member's registered information, and if the Company determines that it falls under the following items, the Member's registration may be canceled at the Company's discretion.
    • If the Member does not exist;
    • If the Member does not have an email address that can send and receive emails;
    • If the registered information contains deliberately false statements;
    • If the Member is a minor, an adult ward, a person under curatorship or a person under assistance and the registration procedure has not been carried out by the guardian of the adult, or the consent of the statutory agent, curator or assistant was not obtained during the registration procedure;
    • If the User has violated the Terms of Use in the past; or
    • If there are other reasons that the Company determines the Member's registration to be inappropriate.

Article 8 [Registration and Management of Login Information]

Members shall be responsible for the registration and management of their login Email and password (hereinafter referred to as "login information"), and the Company assumes no liability for any damages incurred due to insufficient management or erroneous use by a Member, or use by a third party.

Article 9 [Change of Member Information, Termination, etc.]

  • If there are any changes to the registered information, Members shall promptly notify the Company via the procedure specified by the Company. In the absence of such notification, the Company shall treat the registered information as remaining unchanged.
  • The Company assumes no responsibility for notifications, etc., from the Company being delayed, failing to arrive or not being sent due to the User not having given notice of changes to registered information.
  • Members can cancel their Member registration by going through the cancellation procedure specified by the Company.

Article 10 [Prohibition of Transfer of Membership, etc.]

  • Members cannot transfer their rights to receive the Service to a third party, or sell them, change the name, or offer them as collateral.
  • Member registration shall be for exclusive use by one person. At the time when the Company learns of the death of a Member, the procedure of cancellation of registration, in paragraph 3 of the preceding article, shall be deemed to have been taken.
  • In the event that the Company transfers business related to the Service to another company, in accordance with the transfer of the business, the Company shall be able to transfer the rights and obligations under the Terms of Use and the registered information of Members to the transferee of said business transfer, and Members shall be deemed to have given their consent in advance to this transfer in this paragraph. The business transfer set forth in this paragraph, shall include not only usual business transfers, but also company splits and other cases where there is transfer of business.

Article 11 [External Service Account Login]

In relation to Member registration for the Service, the registration procedure to enable login using accounts from services (hereinafter referred to as "external services") operated by third parties such as Facebook, Inc. and Facebook Ireland Limited (hereinafter referred to collectively as "external service operators"), is stipulated as follows.

  • In carrying out the registration procedure, Members consent to the Company acquiring information on the Member registered with the external service operator and accept that it may be displayed by the Company in the Service.
  • When Members log in via an external service in the registration procedure, the Company may ask for permission to access data, and Members can complete the registration procedure only after having confirmed the contents of said data and given authorization.
  • The Company shall delete the Member’s information received from the external service operator when requested by the Member.
  • With respect to all use of external services, including account registration and use of external services (including the posting created by Members on external services.), Members shall comply with the provisions of each agreement prescribed by the external service operators.
  • Members shall register and manage accounts on external services at their own risk. Members shall be responsible for any damages incurred due to insufficient management or erroneous use by themselves or use by a third party, and the Company assumes no liability for Members’ accounts on external services.
  • When using external services, Members shall use said external services at their own risk, and the Company assumes no liability for any damages arising due to the use of said external services, trouble arising between external service operators and Members or any other matters relating to said external services.

Article 12 [Prohibition of Inappropriate Posts]

  • In the Service, it is possible to post satisfactory or unsatisfactory information regarding the aspects of tourist facilities, etc., as comments (including reviews, comments and any information posted on the Service). However, Members shall not post comments that fall under or are likely to fall under the following cases.
    • Comments that are contrary to public order and morality;
    • Comments that promote criminal acts, or hint at their execution;
    • Comments that infringe on the intellectual property rights of the Company, other Users or third parties (including, but not limited to, copyrights, design rights, patent rights, utility model rights, trademark rights and know-how);
    • Comments that infringe on the property, reputation, honor or privacy of the Company, other Users or third parties;
    • Comments that could damage the reputation of a specific business operator or cause credit uncertainty;
    • Comments that violate laws and regulations and similar guidelines and rules, etc.;
    • Comments that cause disadvantage or discomfort to other Users or third parties (including tourist facilities, etc.);
    • Comments that are slanderous against other Users or third parties (including tourist facilities, etc.);
    • Comments that constitute pre-election or election campaigning or similar activity, or that conflict with the Public Offices Election Act;
    • Comments that advertise one's business or the business of a third party, or promote other business interests;
    • Comments that are for proselytizing in relation to a particular religion;
    • Comments that are judged to have an adverse effect on minors;
    • Comments that contain text or images that are judged to be obscenity, child pornography or child abuse;
    • Comments that are posted multiple times with the same contents;
    • Comments that transmit or write harmful programs / scripts, etc.;
    • Comments that lead to or promote seriously dangerous behavior;
    • Comments that contain details that should be reported to the competent authorities, such as problems of fraud and false statements;
    • Comments that relate to personal complaints and troubles;
    • Comments for which the contents are difficult to confirm (unfounded comments);
    • Comments consisting of information unrelated to the purposes of the individual services of the Service;
    • Comments that hamper the operation of the Company, or damage the Company's credibility;
    • Comments that violate the Terms of Use; or
    • Other comments that the Company deems inappropriate, such as those that disturb the Company's services.
  • When comments are posted that correspond to the preceding paragraph, appropriate action will be taken after determining the situation, including changing or deleting the posted information. The Company will also take such measures when it has determined that a Member has violated the content or purpose of Terms of Use or has committed an act that is inappropriate in light of the spirit of the Terms of Use; however, without limitation, such measures may also be taken at the Company's sole discretion, without prior notice to the Member.

Article 13 [Copyright and Usage Rights of Posted Content]

  • The rights to information posted by Members using the Service shall belong to the creator of the information constituting the copyrighted work or the copyright holder or other person who has legitimate authority concerning such rights.
  • For information posted by Members using the Service, it is assumed that by posting the information, Members have granted the Company, free of charge, the non-exclusive rights to use, duplicate, edit, reorganize, publish, reproduce, publicly transmit, distribute, sell, provide, assign, lend, translate or adapt, etc., as well as the rights of the original copyright holder in relation to the use of secondary works (the rights under Articles 21 to 28 of the Copyright Act, including for commercial use), both in Japan and overseas. The rights granted by Members include the right for the Company to license reuse by a third party. In addition, Members shall not exercise the moral rights of the author against either the Company or a third party who received the license for re-use from the Company.
  • For information posted by a Member using the Service, the Member posting said information warrants that he or she holds all rights under the Copyright Act, such as rights for duplication, public transmission, distribution, translation and adaptation, etc.
  • In the event that a Member posts using a third party's copyrighted work, etc., it shall be assumed that the rights necessary for permission under the preceding paragraph has been carried out properly at the Member's responsibility and expense (including the rights necessary for the Member to license use by the Company and for the Company to license reuse by a third party.)
  • The provisions of the preceding four paragraphs shall remain in full force and effect even after Member stops or using or leaves the Service.

Article 14 [Saving and Guarantee of Posted Information]

  • The Service does not guarantee that information posted by Members when using the Service will be reliably saved. In addition, the Company may delete or discard posted content at the Company's sole discretion.
  • When posting information, Members shall prepare for the potential loss of said information, such as by backing up and storing said information on their smartphones, etc.

Article 15 [Prohibitions]

When using the Service, Users must not engage in the following acts.

  • Acts of tampering with or erasing the accessible content or information of the Service or the content or information of others;
  • Acts of impersonating the Company or others (including acts of creating parts such as mail headers to masquerade as them);
  • Acts of sending harmful computer programs, etc., or putting others in a state to receive them;
  • Acts of sending unsolicited emails such as advertisements, promotions and solicitations or emails of an abhorrent nature (including email with the potential to be so) to others, acts that interfere with the reception of emails by others, acts of requesting the forwarding of chain-like emails or acts of forwarding emails in response to such requests;
  • Acts that cause load on the servers beyond that of normal usual use of the Service or that contribute to such actions, or any act that obstructs or impedes the operation or provision of the Service or the use of the Service by other Users;
  • Acts of distributing information, devices or software for removing or circumventing the access control functions of servers, etc.;
  • Acts of duplication, modification, reproduction, alteration, changing, reverse engineering, disassembly, decompiling, translation or analysis of the functions provided by the Service;
  • Acts of acquiring the registered information of others without obtaining the consent of the person in question or through fraudulent means (including so-called phishing and similar methods.);
  • Acts that interfere with the operation of the Service, the exchange or sharing of information by others, acts that disadvantage the Company or others, such as damaging trust or infringing on property rights;
  • Acts of making long telephone calls, excessively repeating the same inquiries, or forcefully demanding action for which there is no obligation or reason, that seriously impede the operations of the Company; or
  • Other acts by Users that the Company deems inappropriate.

Article 16 [Trademarks]

All trademarks used by the Company in the Service are the Company’s trademarks or registered trademarks, or trademarks or registered trademarks for which permission has been obtained from the rights holder; therefore, their unauthorized diversion or reproduction is prohibited.

Article 17 [Contact or Notification]

  • When contacting the Company, Users make contact by email addressed to the relevant contact specified by the Company. The Company does not accept contact by telephone or a visit in person. The contact email address for the Service and operation is info@hodaiweb.com
  • The Company will contact Users in the form of notices by email to the Users’ email address, if posted on the Service or if the User has provided contact information, or by any other possible method which the Company deems appropriate. The Company assumes no responsibility for disadvantage to the User, if the User is not able to receive the Service due to the User failing to provide accurate contact information.

Article 18 [Disclaimer]

  • The Company assumes no liability for compensation for damages incurred by the User due to using the Service.
  • In the event that, through the use of the Service, a User causes damages to a third party, the User shall compensate said third party at his or her own expense and responsibility.
  • The Company assumes no liability for compensation for damages incurred as a result of the Service being unavailable due to bugs, errors or faults occurring in the Service.
  • The content and information available on the Service shall be what the Company is able to provide at the time. The Company makes no guarantees with respect to the completeness, accuracy, applicability, usefulness, availability, safety or reliability of the information provided by the Company or information such as text registered and/or transmitted by Members.
  • The Company may provide information and advice as appropriate; however, the Company assumes no responsibility for the results.
  • The Company assumes no liability for any data corruption etc., by the Service occurring due to some external factors.
  • Websites linked to the Service are the responsibility of their respective operators, and websites linked to the advertisements posted on the Service are the responsibility of the advertisers. The Company makes no guarantees that these websites are not illegal, that their content is accurate, that they do not contain unpleasant content, or that they do not contain information that the User does not intend to view.
  • The Company assumes no liability for damages resulting from transactions performed by advertisements posted on the Service or damage caused by the posting of the advertisements themselves.
  • The Company assumes no liability for any damage to computers, communication lines or software, etc., caused by downloads or computer virus infections from the Service or third party websites including those of advertisers.

Article 19 [Governing Law]

These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

Article 20 [Exclusive Jurisdiction]

In the event that any disputes arise in relation to the Terms of Use, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Supplemental Provisions

Enacted and enforced on July 1, 2018.