1. Use of this service
These Terms of Service (“the Terms”) apply to the use of the “Sharing Kyoto” portal site (“the Site”), an information provision service which uses the website provided by agex communications Inc. (“the Company”), and other services and content, etc., provided by the Company (“the Services”).
In order to use the Site, users must agree to and observe the Terms. The use of this service constitutes acceptance of the contents indicated in the Terms.
In addition to the Terms, there may also be separately defined regulations which apply to the Service. In the event that additional terms exist, customers (“Users”) must observe both the Terms and all other applicable individual regulations. In the event of conflicts between the Terms and individual regulations, the contents of the individual regulations shall apply.
2. Service usage environment
Users are responsible for providing the transmission devices and software required to use the Service, as well as any communications expenses involved, and for installing and operating said devices and software appropriately.
The following are prohibited when using the Site.
- (1) Altering or deleting information used by the Site
- (2) Attempting unauthorized access of other computer systems or networks connected to the Site
- (3) Reposting or use of site contents without prior authorization
- (4) Sales activity or other profit-oriented activity, or equivalent activity, or in preparation for said purposes
- (5) Use, provision, potential use, or potential provision of harmful programs such as computer viruses
- (6) Activities which produce or have the potential to produce adverse consequences to the Company, or which result in damages or have the potential to result in damages to the Company
- (7) Activities which offend or have the potential to offend public order and morals
- (8) Criminal activity, potential criminal activity, activities which lead to criminal activity, or activities with the potential to lead to criminal activity
- (9) Other actions which violate or have the potential to violate laws, statutes, or ordinances
- (10) All activities which violate the Terms
- (11) All other actions which the Company deems inappropriate
5. Liability for damages
In the event that a User violates the contents of these Terms and causes damages to another User or the Company, the User in violation is liable for said damages (including legal fees). In the event that a violation of the Terms causes problems involving a third party, the User in violation must handle said problems at their own expense, and may not cause damages or nuisance to the Company.
The Service is to be used at the User’s own responsibility. Users are deemed as agreeing to all of the disclaimers below.
- (1) Reliability of posted information
- The Company does not make any assurances regarding posted information (including information posted by Sharing Kyoto Members. It is recommended that Users confirm information such as store or event addresses, business hours, holidays, etc., by contacting stores directly by phone or other methods, or by verifying the information on store websites, etc. Please notify the Company in the event that incorrect information is discovered.
- (2) Information on sites linked to via the Service
- The Company cannot be held responsible for any damages (including infection with computer viruses, fraud via phishing, etc.) to Users resulting from the use of sites linked to by the Service (including links in advertisements).
- (3) Service interruption and suspension
- The Company may change the contents or specifications of the Service, and may interrupt, suspend, or cancel the Service, without prior notification to the User.The Company cannot be held responsible for any inconvenience, disadvantages, or damages resulting from Service interruption or suspension (including that caused by mechanical problems, system problems, failures such as those cause by defects, bugs, etc., power outages, acts of god, or any other reasons), or from Service cancellation (including discontinuation of the service due to the decision of the Company).
- (4) Operation assurance
- Regardless of whether free or paid, the Service (including applications, etc.) is not guaranteed to operate without problem or in an identical manner for all devices (computers, cellular phones, smart phones, or any other communication devices) or environments (software, communication environments, etc.). The Company cannot be held responsible for any impact Service faults may have on User communication devices and/or data.
- (5) Other
- Except in the case of clearly intentional or gross negligence by the Company, the Company cannot be held responsible for any disadvantages or damages suffered by the User or third parties as the result of use of the Service.
7. The Company’s rights
The Company possesses the following rights. Use of the site may be restricted for parties that do not agree to the following.
- (1) The Company may, at its own discretion, post third party advertisements, etc. which have been approved by the Company on the Service.
- (2) The Company may collect information regarding the Users of the Service (including survey results, IP addresses, cookie information, location information, unique device identification information, access logs, and Service usage history). This collected information does not include personal information which can be used to identify individual customers, such as names, birthdates, addresses, telephone numbers, etc.
- (3) The information collected by the Company above is used for the improvement Service usability, segmented distribution of advertisements by the Service and third-party services provided by the Company, and marketing by the Company’s marketing unit.
8. Intellectual property rights
The Company owns all copyrights, patents, trademarks, and other property rights for the information posted on and used by the Service.
9. Changes to the Terms
When the Company deems it necessary, it may change the Terms without advance notification or disclosure to the User. Use of the Service by the User is considered to indicate agreement with the latest terms.
10. Notification and contact
Contact and notifications to Users who have indicated the method by which they are to be contacted by the Company (including telephone, email, etc.) will be performed using the specified contact method. When it is difficult or impossible for the Company to contact the User using the specified contact method, the fact that the Company attempted to contact or notify the User via the specified contact method will be considered as equivalent to contacting or notifying the User.
11. Governing law and jurisdiction
Service operation and Terms of Service will be governed by the laws of Japan. Lawsuits that arise from the services, software, or applications operated by the Company, or lawsuits between Users and the Company related to the Service, will be governed primarily under the exclusive jurisdiction of the District Court of Kyoto.
Last updated: April 25, 2016