- These terms ("Terms") govern the use of the website operated by Agex Communications Inc. ("Agex") "Sharing Kyoto," and the use of all services provide by Agex on "Sharing Kyoto" between users of "Sharing Kyoto" and Agex.
- Please carefully read and agree to these Terms before using “Sharing Kyoto” and its various services.
- (1) "Site" refers to the website "Sharing Kyoto" operated by Agex with the domain "https://sharing-kyoto.com/."
- (This includes the Site post-change if for any reason the domain or contents of the Site changes.)
- (2) "Contents" refers to articles, etc. which provide information on stores, sightseeing spots, events, etc. posted on Site.
- (3) "Service(s)" refers to services provided on Site by Agex (including services such as Premium Memberships in addition to free services).
- (4) "User(s)" refers to individuals who use Site, regardless of whether they have registered as a Member or not.
- (5) "Basic Member(s)" refers to Users who have registered as Basic Members of Site.
- (6) "Premium Member(s)" refers to Basic Members who have registered as Premium Members of Site in order to utilize Site’s paid Services.
- (7) "Member(s)" refers to individuals who have registered as Basic or Premium Members of Site.
2. USING SITE AND ITS SERVICES
- (1) Site can be used without registering as a Member. However, certain Services and functions of Site require a membership.
- (2) There are two forms of membership; Basic and Premium. The Services available differ depending on the membership type.
- (3) Agex may establish individual terms ("Individual Terms") for each Service. In the event that a Service has Individual Terms, User must understand and agree to the Individual Terms in addition to these Terms to use the service.
- (4) User shall use Site and Services at their own volition and culpability.
- (5) Access to the internet is required for Users to use Site and Services. The onus and expenses of the preparation, installment, and operation of all equipment, software, and connection methods for this purpose shall fall on User.
- Agex agrees to no involvement in User's internet connection and takes no responsibility for the preparation or operation of User's access to the internet.
- (6) If User is a minor, User must use Site and Services only with the consent of a parent or legal guardian.
3. BASIC MEMBER REGISTRATION
- (1) Users who wish to register as a Basic Member must complete the registration procedure prescribed by Agex ("Basic Member Registration") upon agreeing to these Terms. User must enter true and accurate information when applying for Basic Member Registration.
- (2) Agex reserves the right to examine the provided information of Users wishing to register as Basic Members and reject or cancel Users' registrations at its own discretion regardless of the status of the registration when any of the following apply:
- 1. Provided information contains misstatements, errors or omissions.
- 2. Agex has determined that there has been or there is likely to be a breach of Terms or Individual Terms.
- 3. User has been suspended from using Site or Services in the past by Agex.
- 4. User does not exist, or there has been notice that the registration is the result of identity theft.
- 5. User is a minor who has failed to obtain the consent of a parent or legal guardian.
- 6. The use of Site and Services by the relevant User is deemed inappropriate by Agex for other reasons.
- (3) If a Basic Member cancels their Basic Membership Registration, a notification shall be sent in accordance with the procedures prescribed by Agex. The Basic Membership Registration shall be canceled upon the completion of such procedures.
4. PREMIUM MEMBER
- (1) When using the paid services provided by Agex contained in Services, User must follow the procedures prescribed by Agex ("Premium Membership Registration." At times referred to as "Membership Registration" in conjunction with Basic Membership Registration) and become a Premium Member.
- (2) Premium Members shall pay annual usage fees ("Annual Fee(s)") using the payment methods prescribed by Agex.
- (3) Annual Fees, as described in the preceding paragraph, is 1,000 Japanese yen, including consumption tax. Agex shall bear the required credit card fees.
- (4) Invoices and receipts from User's credit card company shall be used as the invoices and receipts for Annual Fees. Agex will not issue invoices or receipts for Annual Fees.
- (5) The subscription period for a Premium Membership is one year from the date of the payment of the Annual Fee. Unless the subscription is canceled, Premium Memberships shall automatically renew every year, with there being an obligation thereafter to pay the Annual Fee.
- (6) If there is any delay in payment of the Annual Fee, regardless of the reason, the Premium Member shall be deregistered without notice as a Premium Member by Agex and shall thereafter be registered as a Basic Member.
- Agex shall not be liable to the Premium Member even in the event that the Premium Member suffers losses or damages as a result of such a deregistration.
- (7) Premium Members may cancel their subscription as a Premium Member by indicating their desire to do so via the methods prescribed by Agex. Subscriptions will be canceled when Agex receives the notice of the intent to cancel.
- (8) Premium Members will become Basic Members when they choose to cancel their Premium Membership. In order to cancel a Basic Membership, Members must perform the procedures prescribed in Article 3, Paragraph 3.
- (9) Agex shall not refund Annual Fees even when Premium Membership subscriptions have been held for less than one year.
- Agex shall not refund Annual Fees once payment has been completed or received.
- (10) Agex reserves the right to change the cost of Annual Fees, payment methods, etc. for Premium Memberships.
- Agex shall notify Users in advance of any changes to the Site via e-mail, etc. Changes will be applied after the date specified in the notification.
- (11) If a dispute arises between a Premium Member and the credit card company over fees and other debts, it shall be settled between the parties involved. Agex shall not be concerned in any way.
- (12) If Agex determines that the Premium Member is not suitable for a Premium Membership due to violating these Terms or the Individual Terms, etc., Agex shall, without notice, suspend the Member's Premium Membership before the end of the subscription period.
- Agex shall not be liable if the Premium Member suffers losses or damages as a result of such a suspension.
- (13) If a Premium Member is deregistered as a Basic Member, the Premium Member will also be deregistered as a Premium Member.
- (14) Even if a premium member is deregistered, paragraphs 4 and 11 of this article shall still remain in effect.
5. RESPONSIBILITIES ETC. OF MEMBERS
- (1) All information, including personal information provided at the time of registration ("Registered Information"), is the responsibility of the Member.
- If there are any changes to a Member's Registered Information, the Member shall change their Registered Information via the means prescribed by Agex.
- Agex is not liable for any losses or damages caused by incorrect or false Registered Information or failure to change Registered Information.
- (2) The rights and obligations of a Member cannot be transferred to a third party.
- (3) A Member's ID (registered e-mail address) and password shall be managed solely by the Member themselves. Agex shall not be liable for any losses or damages incurred by Member as a result of the miss management, misuse, or theft by third parties of the Member's ID (registered e-mail address) or password.
- (4) If a third party uses a Member's ID (registered e-mail address) and password to use Site and Services, it shall be deemed as use by the Member, and the Member shall bear all charges and other obligations relevant to Agex.
6. HANDLING OF PERSONAL INFORMATION
- Agex will obtain information (including but not limited to Registered Information) necessary for providing the Service from User.
7. CONTENT AND USER REVIEWS
- (1) After content is posted on Site, there is the possibility that, over time, the details displayed will not reflect their current state.
- Agex manages and edits content to a reasonable extent, however, makes no guarantees regarding the content.
- (2) Members are able to post reviews ("User Reviews." This encompasses images included in user reviews.) on content.
- When submitting a review, Members shall only post content for which they hold the copyright and all other rights.
- Before submitting a review containing a third party's content, Member shall take the necessary procedures to receive the right to use the content from the third party.
- (3) When Member submits a review, Member grants Agex the right to copy, public transmission, distribution, adaptation, editing, publishing, use by third parties, and all other uses stipulated by copyright law, free of charge without the obligation to display copyright until the expiration of the review's copyright.
- Member agrees not to exercise their moral rights to the review toward Agex or any third parties licensed to use the content by Agex.
- (4) The periods for which the review is displayed and stored by Agex can be determined at Agex's discretion.
- If Agex determines that the content of a review falls under the prohibited matters described in Article 9, the review may be hidden or deleted.
- (5) Agex shall not grant any compensation for any issues or damages to users or third parties due to "User Reviews."
- (6) Users may not repost or use reviews posted on Site by Members without permission, provided, however, that this does not apply when the user is not the original poster of the review.
8. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- (1) Copyright and other intellectual property rights ("Copyright(s), etc.") relating to Site and Services belong to Agex or Copyright, etc. holding third parties.
- (2) By providing the use of Site and Services to users, Agex does not grant the right to copy, public transmission, distribution, adaptation, or any other uses stipulated by copyright law, patents, trademarks, design rights or any other intellectual property rights held by Agex or third parties for the content, information, images, trademarks, etc. contained on Site and Services.
9. PROHIBITED ACTIVITIES
- (1) Users shall not engage in any of the following activities when using Site and Services.
- 1. Activities that infringe or may infringe on the intellectual property rights of Agex or third parties, such as copyrights, trademark rights, design rights, etc.
- 2. Activities that slander or damage the reputation or credibility of Agex or third parties.
- 3. Violence, intimidation or extortion of Agex or third parties.
- 4. The impersonation of Agex or third parties.
- 5. Criminal activities, illegal activities, related activities, or activities that incite or assist such activities.
- 6. Activities that violate or promote the violation of laws.
- 7. Activities violate or are likely to violate public decency, morals, and standards.
- 8. The encouragement of vulgar, obscene, malicious or dangerous Activities.
- 9. Intentionally circulating false information.
- 10. Religious activities or solicitation to religious groups.
- 11. The provision of profits to or other cooperation of anti-social forces.
- 12. Illegally collecting, disclosing, or providing personal information, etc. that can be identified as Users or other individuals.
- 13. Posting links to specific images or data in "User Reviews."
- 14. Posting spam e-mails or harmful programs such as computer viruses.
- 15. Using Site and Services for purposes other than those initially intended in their provision.
- 16. The resale or redistribution of all or part (including copies) of Site and Services.
- 17. The analysis of Site through disassembly or reverse engineering, etc.
- 18. Modifying or altering all or part of Site.
- 19. Utilizing Site bugs or failures for unauthorized purposes.
- 20. Obstructing the Site's security functions.
- 21. Activities that intentionally place or are likely to place excessive loads on the servers that host Site, or interfere or are likely to interfere with the network systems of Agex or other companies.
- 22. Actions that obstruct or are likely to obstruct the provision of Site and Services.
- 23. Activities that violate or are likely to violate Agex's rights or profits.
- 24. Making threatening demands to Agex or its trading partners, or claiming charges that exceed reasonable limits.
- 25. Carrying out activities contrary to the purpose and intention of Terms and Services.
- 26. Other activities that Agex judges to be inappropriate with respect to Site and Services.
- (2) If Agex determines that User has carried out any of the activities listed in the preceding paragraph, Agex will take the measures deemed necessary, including suspending the use of Site or Services, canceling Service contracts, revoking Site membership, or legal action, etc.
- (1) Agex does not assure the completeness, accuracy, certainty, usefulness, or up-to-date, etc. of the information provided on Site and Services (including but not limited to the content of User Reviews).
- (2) Agex does not take responsibility for the information displayed in external links found on Site, including external social media or other external links. User shall use the information found in the link at their own risk.
- (3) Agex agrees to no involvement in disputes between User, Stores, etc. or other third parties related to or as a result of Site or Services.
- (4) Agex shall not be liable for User causing accidents that may occur during the use of Site or Services on a mobile device, etc. User shall use Site and Services at their own risk.
- (5) Agex may temporarily suspend or terminate the provision of part or all of Site without prior notice to User in the following cases. Agex shall not be liable for any loss or damages sustained by User due to these suspensions or terminations.
- 1. When periodic or urgent maintenance is required on Site's systems.
- 2. When Site cannot be opened due to natural disasters, fires, blackouts, or other circumstances.
- 3. When Agex deems the temporary suspension or termination of Site necessary for operational or technical reasons.
- (6) Agex does not guarantee the use of Site on computers (including but not limited to desktop computers and laptops) or smartphones, tablets and other mobile devices "Device(s)," or the interruption-free use of Site in any environment.
- (7) Agex will not be liable for any malfunctions or damages to Devices or any other losses or damages incurred by User in connection with Site. Furthermore, Agex does not guarantee that all data on Site will not be lost.
- (8) Within reasonable limits, Agex shall manage Site as for hardware failures, software failures, including bugs and computer viruses, and cyberattacks, such as unauthorized access and hacking of Site, to not occur, provided, however, that the nonoccurrence of such matters is not guaranteed.
- (9) Agex shall not be liable for any losses or damages incurred by the inability to use Site or Services due to malfunctions, errors or failures, etc. having occurred on Site.
11. COMPENSATION FOR DAMAGES
- (1) User shall compensate Agex (including attorney’s fees) for any damages incurred due to the breach of Terms or Individual Terms, or any other reasons attributable to User.
- (2) To the extent of not being grossly negligent or intentional, Agex shall take no responsibility for damages incurred (including indirect damage or loss of profits) as a result of User using or being unable to use Site and Services.
- In addition, in the event that Agex is liable for damages, Agex shall be liable only for general or direct damages incurred by User.
12. CHANGES TO OR TERMINATION OF SITE AND SERVICES
- (1) Agex reserves the right to change the content or terminate the provision of Site and Services at its convenience.
- If Agex changes or terminates Site or Services, User will be notified of the details in a manner prescribed by Agex.
- However, in an emergency, User may not be notified.
- (2) Agex shall not be liable for any losses or damages incurred by User as a result of measures taken by Agex based on the preceding paragraph.
13. TRANSFER OF CONTRACTUAL STATUS, ETC.
- In the event that Agex makes a transfer of business related to Site or Services to a third party, Agex shall transfer its status in regards to Site and Services, all rights and obligations, registered information, personal information and other information held for the provision of Sites and Services to the transferee. User is assumed to agree in advance to such a transfer.
- This provision shall not be limited to regular business transfers and include the transfer of business to separate departments within the company and all other business transfers.
- In the event that any provision in Terms is found to be illegal or invalid by a court of competent jurisdiction, the validity of the remaining provisions of Terms and Individual Terms shall not be affected.
- All or part of the invalidated provision(s) shall be amended to the extent necessary to make it valid.
15. CHANGES TO TERMS OF SERVICE
- (1) Agex reserves the right to change the details of Terms or Individual Terms without User's prior consent.
- (2) Agex will notify User when any changes to the content of Terms or Individual Terms are made. Post-change Terms or Individual Terms will apply from the date specified in the notification.
- (3) When User uses Site or Services after changes to Terms or Individual Terms come into effect, it will be deemed that they have agreed to the changes.
16. GOVERNING LAW AND EXCLUSIVE JURISDICTION
- (1) Terms and Individual Terms shall be governed by and construed in accordance with the Laws of Japan.
- (2) In the event of a dispute between User and Agex regarding Terms or Individual Terms, the Kyoto Summary Court or Kyoto District Court shall have exclusive primary jurisdiction with respect thereto.
Enacted and enforced: April 25, 2016 Lasted Updated: April 1, 2020