These Terms of Use (hereinafter referred to as the “Terms”) These Terms of Use (hereinafter referred to as the “Terms”) stipulate the conditions for providing the Service and the relationship of rights and obligations between the Association and registered users. When using the Service, it is necessary to read these Terms in their entirety and agree to them.
Article 1 (Application)
1 The purpose of these Terms is to define the conditions for providing the Service and the relationship of rights and obligations between the Association and Registered Users in relation to the use of the Service, and they apply to all relationships between Registered Users and the Association in relation to the use of the Service.
2. the rules regarding the use of the Service posted by the Association on the Association’s website shall constitute a part of these Terms.
3. In the event that the contents of these Terms and Conditions differ from the rules set forth in the preceding paragraph or other explanations of the Service outside of these Terms and Conditions, the provisions of these Terms and Conditions shall take precedence.
Article 2 (Definitions)
The following terms used in this Agreement shall have the meanings set forth below.
(1) “Service Usage Contract” means a contract for the use of the Service concluded between the Association and Registered Users with the Terms of Use as the contractual conditions.
(2) “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
(3) “Posted Data” means contents (including but not limited to text, images, video and other data) posted or otherwise transmitted by a registered user using the Service.
(4) “The Association” means the Miyajima Tourism Association, a general incorporated association.
(5) “The Association’s website” means the website operated by the Association whose domain is ” miyajima-shopping.com ” (in the event that the domain or content of the Association’s website is changed for any reason, the website after such change shall be included). ) operated by the Association.
(6) “Registered User” means an individual or corporation that has been registered as a user of the Services in accordance with Article 3 (Registration).
(7) “The Service” means the service provided by the Association under the name of [Web Service Name] (in the event that the name or content of the service is changed for any reason, the service after such change shall be included). ) provided by the Association.
Article 3 (Registration)
1. Any person who wishes to use the Service (hereinafter referred to as a “Registration Applicant”) shall apply for registration to use the Service by agreeing to these Terms and providing the Association with certain information specified by the Association (hereinafter referred to as the “Registration Information”) in the manner prescribed by the Association.
2. In accordance with the Association’s standards, the Association shall determine whether or not to approve the registration application submitted by the Registration Applicant pursuant to the preceding paragraph. If the Association approves such registration, the Association shall notify the Registration Applicant accordingly. The registration of the Registration Applicant as a Registered User shall be deemed completed upon such notification.
3.Upon completion of the registration set forth in the preceding paragraph, an agreement for use of the Service shall be established between the Registered User and the Association, and the Registered User may use the Service in accordance with these Terms.
4. The Association may refuse registration or re-registration if the Registration Applicant falls under any of the following circumstances. The Association shall not be obligated to disclose the reasons for such refusal.
(1) If any part of the Registration Information provided to the Association contains false information, errors, or omissions.
(2) If the Registration Applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, curator, or assistant, as applicable.
(3) If the Registration Applicant is an Anti-Social Force (meaning an organized crime group, an organized crime group member, a right-wing organization, or any other person equivalent thereto; hereinafter the same shall apply), or if the Association determines that the Registration Applicant has any relationship or involvement with Anti-Social Forces, including cooperation with or involvement in the maintenance, operation, or management of Anti-Social Forces through the provision of funds or other means.
(4) If the Association determines that the Registration Applicant has previously breached any agreement with the Association, or is related to any person who has done so.
(5) If the Registration Applicant has previously been subject to any measures set forth in Article 10.
(6) If the Association otherwise determines that registration is inappropriate.
Article 4 (Change of Registered Matters)
In the event of a change in registered matters, the registered user shall notify the Association of said change without delay in a manner prescribed by the Association.
Article 5 (Management of Passwords and User IDs)
1.Registered users shall, at their own responsibility, properly manage and store their password and user ID for the Service, and shall not allow any third party to use them, or lend, transfer, change the name of, or sell them.
2. Registered users shall be responsible for any damage caused by insufficient management of the password or user ID, errors in use, or use by a third party.
Article 6 (Fees and Payment Method)
1. As compensation for the use of the Service, the Registered User shall pay the usage fees separately determined by the Association and displayed on the Association’s website to the Association using the payment method designated by the Association.
2.In the event that a Registered User delays payment of usage fees, the Registered User shall pay to the Association a late fee at the rate of 14.6% per annum.
Article 7 (Prohibited Matters)
In using the Service, a Registered User shall not engage in any of the following acts or acts that the Association deems to fall under any of the following items.
(1) Actions that violate laws and regulations or that are related to criminal activities
(2) Fraudulent or threatening behavior toward the JBBA, other users of the Service, or other third parties
(3) Acts that are offensive to public order and morals
(4) Actions that infringe on the intellectual property rights, portrait rights, rights of privacy, honor, or other rights or interests of the Association, other users of the Service, or other third parties.
(5) Sending, through the Service, information that falls under or is deemed by the Association to fall under any of the following to the Association or other users of the Service
- Information that contains excessively violent or cruel expressions
- Information that contains computer viruses or other harmful computer programs
- Information that includes expressions that damage the reputation or credibility of
the Association, other users of the Service, or other third parties.
- Information that contains excessively obscene expressions
- Information that contains expressions that promote discrimination
- Information that contains expressions that encourage suicide or self-injury
- Information that contains expressions that promote the inappropriate use of drugs
- Information containing antisocial expressions
- Information that seeks to spread information to third parties, such as chain mail.
- Information that contains expressions that may cause discomfort to others
(6) An act that places an excessive load on the network or system of the Service
(7) Reverse engineering or other analysis of software or other systems provided by the Association
(8) Any action that may interfere with the operation of the Service
(9) Unauthorized access to the Association’s network or systems, etc.
(10) Act of impersonating a third party
(11) Use the ID or password of another user of the Service.
(12) Publicity, advertising, solicitation, or business activities on the Service not authorized in advance by the Association.
(13) Collection of information of other users of this service
(14) Actions that cause disadvantage, damage or discomfort to the Association, other users of the Service or other third parties
(15) Actions that conflict with the rules for using the Service posted on the JBBA website.
(16) Provision of benefits to antisocial forces, etc.
(17) Acting for the purpose of meeting a person of the opposite sex without being acquainted.
(18) Any act that directly or indirectly causes or facilitates any of the preceding items.
(19) Attempting to commit any of the preceding acts
(20) Other acts that the Association deems inappropriate.
Article 8 (Suspension of the Services, etc.)
In any of the following cases, the Association may suspend or interrupt the provision of all or part of the Service without prior notice to registered users.
(1) In case of urgent inspection or maintenance of the computer system related to the Service
(2) In the event that the operation of the Service becomes impossible due to computer or communication line failure, erroneous operation, excessive concentration of access, unauthorized access, hacking, etc.
(3) When the operation of the Service becomes impossible due to force majeure such as earthquake, lightning, fire, windstorm, power failure, or natural disaster.
(4) In other cases where the Association deems it necessary to suspend or discontinue the service.
Article 9 (Vesting of Rights)
1.All intellectual property rights related to the JBBA Website and the Service belong to JBBA or to parties that have granted licenses to JBBA, and the granting of a license to use the Service under these Terms does not imply a license to use the intellectual property rights of JBBA or parties that have granted licenses to JBBA related to the JBBA Website or the Service. The license to use the Service under these Terms does not imply a license to use the intellectual property rights of the JBBA or those who have licensed the JBBA to use the JBBA Website or the Service.
2.Registered Users shall represent and warrant to the Association that they have the lawful right to post or otherwise transmit their own posted data and that their posted data does not infringe on the rights of any third party.
3.Registered Users grant the Association a worldwide, non-exclusive, free of charge, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the posted data. In addition, other Registered Users are granted a non-exclusive license to use, reproduce, distribute, create derivative works from, display and execute the Posting Data posted or otherwise transmitted by the Registered User using the Service.
4. Registered users shall agree not to exercise their moral rights against the Association or any person who has succeeded to or been granted rights by the Association.
Article 10 (Cancellation of Registration, etc.)
1.In the event that a Registered User falls under any of the following items, the Association may, without prior notice or demand, delete or hide the posted data, temporarily suspend the use of the Service for said Registered User, or cancel the registration as a Registered User.
(1) If you violate any of the provisions of this Agreement
(2) When it is found that there is a false fact in the registered matters
(3) In the event of suspension of payment or inability to pay, or the filing of a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation or similar proceedings.
(4) If you have not used the Services for more than [6] months
(5) When there is no response from the Association to an inquiry or other communication requesting a response for [30 days] or more
(6) In the event that any of the items in Article 3, Paragraph 4 apply.
(7) In any other case in which the Association deems the use of the Service or the continuation of registration as a registered user to be inappropriate.
2.In the event of any of the events listed in each item of the preceding paragraph, the Registered User shall naturally lose the benefit of time with respect to all debts owed to the Association and shall immediately make payment of all debts to the Association.
Article 11 (Withdrawal of membership)
1. A Registered User may withdraw from the Service and cancel his/her registration as a Registered User by completing the procedures prescribed by the Association.
2.If there are any debts owed to the Association upon withdrawal from membership, the registered user shall naturally lose the benefit of time for all debts owed to the Association and shall immediately pay all debts to the Association.
3. the handling of user information after withdrawal from the membership shall be in accordance with the provisions of Article 15.
Article 12 (Modification and Termination of the Service)
1. the Association may change the contents of the Service or terminate its provision at the Association’s convenience.
2.In the event that the Association terminates the provision of the Service, the Association shall notify registered users in advance. 2.
Article 13 (Disclaimer of Warranty and Limitation of Libility)
1.The Association makes no warranty, express or implied, that the Service will be compatible with the specific purposes of the Registered User, that it will have the expected functions, commercial value, accuracy, or usefulness, that the use of the Service by the Registered User will conform to laws and regulations applicable to the Registered User or internal rules of industry organizations, that the Service will be continuously available, or that defects will not occur. The Company makes no warranty, express or implied, that the Service will be free of defects.
2. The Association shall not be liable to compensate for damages incurred by a registered user in relation to the Service in excess of the amount of compensation paid by the registered user to the Association during the past [12 months], nor shall the Association be liable to compensate for incidental damages, indirect damages, special damages, future damages or damages for lost earnings. In addition, the Association shall not be liable for incidental, indirect, special, future, or lost profits damages.
3.Any transactions, communications, disputes, or other matters arising between a Registered User and another Registered User or any third party in connection with the Service or the JBBA Website shall be resolved at the sole responsibility of the relevant Registered User.
Article 14 (Confidentiality)
Registered Users shall handle non-public information disclosed by the Association to Registered Users in relation to the Service in a confidential manner, except in cases where the Association has given prior written consent.
Article 15 (Handling of User Information)
1.The handling of registered users’ user information by the Association shall be in accordance with the provisions of the Association’s Privacy Policy, and registered users shall agree to the Association’s handling of registered users’ user information in accordance with this Privacy Policy.
2.The Association may, at its discretion, use and disclose information, data, etc. provided by registered users to the Association as statistical information in a form that does not identify individuals, and registered users shall not object to this.
Article 16 (Changes to the Terms, etc.)
The Association may change the Terms of Use when deemed necessary by the Association. In the event that the JBBA changes the Terms, the JBBA shall notify registered users of the effective date and content of the changed Terms by posting a notice on the JBBA website or by other appropriate means. However, in the event of changes to the content that require the consent of registered users under laws and regulations, the consent of registered users shall be obtained in a manner prescribed by the Association.
Article 17 (Communication/notification)
1. Inquiries and other communications or notifications from registered users to the Association regarding the Service, as well as notifications regarding changes to the Terms and other communications or notifications from the Association to registered users, shall be made in a manner determined by the Association.
2. In the event that the Association contacts or notifies the email address or other contact information included in the registration information, the registered user shall be deemed to have received said contact or notification.
Article 18 (Assignment of Status under Service Use Contract, etc.)
1. Registered users may not assign, transfer, mortgage, or otherwise dispose of their status under the Usage Contract or rights or obligations under these Terms of Use to a third party without the prior written consent of the Association.
2.In the event that the JBBA transfers the business of the Service to another company, the JBBA may transfer the status of the User Agreement, rights and obligations based on the Terms of Use, the registered matters of the Registered User and other customer information to the transferee of such transfer. The registered user shall be deemed to have agreed to such transfer in advance. The transfer of business set forth in this paragraph shall include not only ordinary business transfer, but also corporate separation and any other cases in which business is transferred.
Article 19 (Severability)
Even if any provision of these Terms and Conditions, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of these Terms and Conditions and the remaining portions of any provision that is determined to be invalid or unenforceable shall continue in full force and effect.
Article 20 (Governing Law and Jurisdiction)
1. these Terms of Use and the Service Usage Agreement shall be governed by the laws of Japan.
2.The Tokyo District Court shall be the exclusive court of first instance for any and all disputes arising out of or related to these Terms of Use or the Service Usage Agreement. [Enacted on October 30, 2021]
