GuidebooQ Inc. (hereinafter referred to as the “Company") has established the terms of service (hereinafter referred to as the “Terms of Service") regarding member registration of GuidebooQ’s service (hereinafter referred to as the “Service") provided by the Company. In order to use the Service, it is necessary to agree to all of the Terms of Service, and when using the Service, it shall be deemed that you have agreed to the Terms of Service.
1. Acceptance of the Terms of Service
- By using the Service, a user shall be deemed to agree to all the provisions of the Terms of Service. In the event that the Terms of Service and the provisions of the individual contract conflict or are contrary with each other, the provisions of the individual contract shall prevail.
- If the applicant does not agree to the Terms of Service, he/she cannot use the Service.
2. Definitions of Terms
- "Member" shall refer to individuals or corporations who have registered membership with the Service.
- "User" shall refer to Members, Members who apply for membership registration, applicants for the Service registration, visitors to this site and other individuals or corporations who use this site ("use" includes browsing, posting, and writing in/of the site).
3. Member Registration
- A person who wishes to become a Member (hereinafter referred to as "Applicant(s)") shall apply by himself / herself as a Member to join the online membership in a manner determined by the Service. In applying for registration, Applicants must provide the Company with true, accurate, and up-to-date information.
- The membership registration procedure shall be completed with the Company’s consent to the application under the preceding paragraph.
- Upon completion of the membership registration procedure prescribed in the preceding paragraph, a contract to use the Service in accordance with the provisions of the Terms of Service is established between the Member and the Company—Members shall then be allowed to use the Service in the way defined by the Company.
- The Company may refuse to accept the registration if the Applicant falls under any of the following points. In addition, the Company shall not approve registration in any case if the Applicant is a minor under the age of 18.
- In the case that the Company determines that there is a danger of violating the Terms of Service.
- In the case that there is any fabrication, clerical error, or omission of all or part of the registration information provided to the Company.
- In the case the Applicant’s registration for the Service was canceled in the past.
- In the case that the Applicant is a minor that is aged 18 or over, an adult ward, a person under curatorship, or a person under assistance who has not received consent from a legal representative, guardian, curator, or assistant. In addition, the Company may ask the Applicant to submit a written document indicating such consent. Even if such a document is submitted, the Company may refuse registration.
- In the case that the Company determines that the Applicant is a member of an antisocial or criminal organization (e.g., gangster organizations, right-wing groups, antisocial groups, and others who are equivalent to them) or a person interacting with or involved with antisocial organizations in progress, operation or management of antisocial forces through funds provision, etc.
- In addition, when the Company determines that the Applicant’s registration is inappropriate, such as in the case that there is a risk of harming the image and reputation of the Service.
4. Explanatory Notes
- Users shall assume full responsibility of the preparation and the expenses for the communication, environment, hardware, and software necessary for using the Service. The communication cost associated with using the Service is the responsibility of the User.
- In the membership registration process, the necessary information shall be entered correctly without falsification. Registration of a valid email address, one that can confirm the contents of reception on a daily basis, shall be made.
- Members shall manage and take personal responsibility for the membership IDs and passwords required for registration.
- Members shall not transfer, trade, lend, inherit, hypothecate, permit the use of, or dispose of the membership ID and password, the status of the used contract of the Service, the contractual status arising from the individual contract, and the rights and obligations arising from these to/from a third party.
- Member himself / herself shall have responsibility to manage his/her ID and password by means such as setting a password which cannot be easily guessed or change a password regularly so that they are not used by third parties.
- When the Company confirms that the entered IDs and passwords match those registered by Members, the Company deems that they are used by the Member himself / herself. Therefore, even in the unlikely event that they are used by somebody other than the Members themselves due to plagiarism, illegal use, or other circumstances, the Company shall not be responsible for any damages or the like caused by that, regardless of whether the Members are willful or negligent. In the case of damages to the Company or a third party due to illegal use of passwords, Users other than the Members themselves shall indemnify the damages to the Company and any third party.
- The Company can delete, stop delivery, modify, and make private the posted content of the User without advance notice at its discretion in the following cases.
- In case it violates the Terms of Service. In the event that it is determined inappropriate in light of the spirit of social wisdom and the Terms of Service.
- If there are reports of discomfort or violation from other Users.
- Other cases when the Company deems it inappropriate for the Service.
- When the Company determines that there is imminent need for protection of its rights, property, the Service, etc., or for the purpose of protecting the life, body, or property of a third party, the Company shall be able to disclose / provide the User content to a public institution such as the court or police within the necessary range.
- The Service is provided within Japan and the Company does not assume any responsibility for damages caused by Users using the Service outside Japan.
5. Prohibited Matter
For the use of the Service, regardless of the User's intent or negligence, the Company prohibits acts that are determined as falling under each of the following items. In the case that the User performs a prohibited act, the Company shall carry out deletion of the relevant part(s), suspend the use of the Service, deprive membership qualification, delete posted content, and any other measures deemed necessary at its discretion without prior notice.
- Acts that violate the Terms of Service and the individual’s contract.
- Commercial activity.
- Acts of directing Members and Users to other websites for commercial purposes through the Service.
- Posting and solicitation of pyramid schemes, MLM (multi-level marketing), chain mail, or similar content determined by the Company at its discretion.
- Solicitation to associations and services, religious activities, or activities that the Company determines are not related or have little relevance to the Service.
- Multiple submissions, or postings (spam, multi-postings, etc.) that have the same intention, such as promotions, announcements, solicitations, or improvements of/in the number of accesses.
- Political or religious activities. The Service provider that the Company explicitly permits, however, is not limited to this case.
- Secondary use and reproduction of the Service.
- Antisocial acts, torts, or disturbances of business.
- Acts contrary to laws or public order and morals—contracting, foretelling, promoting, and other acts of such involvement.
- Sexual harassment, stalking, or other acts of harassment against third parties.
- Business sabotage to the Service provider, such as reservation requests not meeting its purpose, or repeating inquiries more than is necessary.
- Medical conduct determined by the Company at its discretion that it is not lawful or is difficult to make a judgment as to whether it is legal or not.
- Expressions that suggest sexual content or violent expressions.
- Acts that describe matters or expressions contrary to public order and morals.
- Description or expression of sexual content that implicitly suggest sexual content.
- Posting images with a high degree of exposure regardless of artistic nature.
- Posting grotesque or violent expressions.
- Acts determined by the Company at its discretion to adversely affect minors' personality formation, etc.
- Expressions that lead to discrimination of ethnicity, race, sex, or age.
- Posting expressions that other Users feel disturbed or offended by.
- Other acts of expression, posting, and writing that the Company deems inappropriate at its discretion.
- Actions for dating purposes.
- Acts that encourage heterosexual interactions, or acts similar to that, even between homosexuals.
- Solicitation of sexual relations.
- Posting personal information.
- Acts of posting information that can identify individuals (email addresses, bank accounts, phone numbers, street addresses, etc.) in areas under public inspection other than assigned by the Company. However, the Service provider that the Company explicitly permits is not limited to this case.
- Posting information on areas and facilities owned by a third party.
- Acts that infringe copyright, other rights, honor, and privacy of the Company, other Users, or third parties.
- Acts of using information of other Members and confidential information obtained through the Service or providing it to a third party for purposes other than the Service without prior consent from the Member.
- Tampering or damaging the Service (including malware and virus transmission), exploiting the vulnerabilities and bugs in the Service, or causing artificial malfunction.
- Impersonation by stating false information.
- Transfer, sharing, or exchanging acts to a third party for the right or status to use the Service.
- The act of repeatedly trying to use and register the Service by a person whose membership has been suspended.
- All actions deemed inappropriate at the Company’s discretion.
- Non-guarantee on the validity of the content.
- Regarding all information (including translated contents, etc.), the Company does not assume any responsibility for accuracy, reliability, safety, legality, morality, newness, usefulness, compatibility, completeness, or validity to guarantee that the expectation of a Member is satisfied as a result of using the Service and the contents of the information concerned.
- The Service may include links to other sites other than the Service, but the Company does not assume any responsibility for information obtained on other sites.
- Whether the use of the Service violates the internal regulations of the organization or the industry group in which the User belongs to, it shall be investigated and determined by the User at their own expense. In addition, the Company does not guarantee that the use of the Service is exempt from such violation.
- When the Service provider and the Service User exchanges the provided Service, both shall provide the provision of Services and shall use the provided Service at their own risk after the parties have sufficient understanding of the provisions of the provided Service and the risks associated with its use based on the location, time, and other situations where the Service is provided. For example, in the case that loss or damage of goods or money, injury, violence, or any acts equivalent to them, or actions that either or both parties feel displeased with, such as when sexual harassment and other acts or torts that violate public order and morals occur, the Company does not assume any liability for damages or disadvantages.
- The Company may provide information (such as recommendation and advice, etc.) as appropriate to the Users using the Service, but does not guarantee the usefulness, validity, and accuracy of the content and does not assume any responsibility for the results.
- Non-guarantee on the system.
- The Company does not assume the obligation to alter or modify the system related to the Service even if the device, equipment, or software used by the User is not suitable for use of the Service.
- The Company does not guarantee that harmful items such as computer viruses are not included in the emails and contents sent from the Company in connection with the Service and the Service itself.
- The Company does not assume any responsibility for damages caused to Users by unauthorized access or vulnerability attacks.
- The Company does not assume any responsibility for defects such as inaccessibility, failure, occurrences of bugs in the Service, or specification inadequacy.
- The Company is not responsible for any damages caused by interruption, delay, cancellation, etc., of the system of the Service due to performance degradation, failure, or unauthorized access through communication channels, software, and hardware, etc.
- External Services.
- The Service may provide services in cooperation with external services such as Facebook, Twitter, and others.
- When using the Service in cooperation with an external service, the User shall use the external service at his/her own risk. Depending on the specifications of the external service, content posted on the external service may be displayed, but the Company does not have the obligation to edit or delete the content in the post on the external service.
- The English version is a translation of the original in Japanese for information purposes. In case of a discrepancy, the Japanese original shall prevail.
- In addition to each of the above items, the Company does not assume any responsibility for damages caused to the Member using the Service or damages caused by failure to use the Service.
7. Interruption, Termination, Change, etc., of the Service
- If the Company decides that it is necessary to suspend the provisions of the Service for operational and technical reasons of the Service, the Company can suspend the provisions for all or part of the Service for any period without prior notice.
- The Company shall be able to change or terminate the content for all or part of the Service at its discretion without prior notice.
- The Company does not assume any responsibility to Members and third parties regarding damages caused in connection with the interruption, change, or termination of the preceding two articles.
8. Suspension of Use, Deprivation of Membership
If the Company determines at its discretion that the Member falls under any of the following reasons, the Company may suspend the use of some or all of the Service and deprive membership without prior notice. The Member cannot request the disclosure of the reason or file an objection to this. The Company does not assume liability for disadvantages or damages caused to the Members by the measures taken that are mentioned above.
- When the Member violates the Terms of Service.
- When the Member conducts illegal acts or violates laws and regulations.
- When the Company determines that the Member belongs to antisocial organizations, organizations that conduct antisocial activities, or has relationships with groups that provide funds and conduct business with such organizations.
- When the Company determines at its discretion that the Member has stated or posted false content.
- When the Member initiating bankruptcy proceedings, commencement of civil rehabilitation proceedings, petition for commencement of corporate reorganization proceedings; upon receiving the petition from a third party; when seizure, requisition, provisional disposition, disposition for failure to pay taxes is received; when a situation arises in which trust of the Member is significantly deteriorated.
- When the Member receives a suspension of bank transactions.
- When faithful correspondence or obligation is not fulfilled by the Member in the use of the provided Service or provision of the Service.
- When the Member damages the confidence of the Company or the Service or interferes with its business.
- When the Company determines that complications, complaints, or reports of violation among other Users, Members, or third parties have reached certain criteria specified by the Company.
- Other cases when the Company determines that the Member is inappropriate as a Member or unsuitable for continuing the use of the Service.
9. Dispute Settlement and Compensation for Damages
- A Member must compensate for the damages caused to the Company if the Member violates the Terms of Service or damages the Company in connection with the use of the Service.
- In the event that a Member receives complaints from other Members and/or third parties in connection with the Service or a dispute arises with those persons, he/she must notify the Company immediately of its content and handle the complaints or disputes of the Members and report the progress and results to the Company at its request.
- In connection with the use of the Service by the Member, if the Company receives some complaint from another Member or third party for infringement or for other reasons, the Member must compensate the amount for which the Company has been forced to pay to the said third party based on the said request.
- The Company is not liable for compensation of damages suffered by Members in connection with the Service. Even if the Company is liable for damages against Members due to the application of the Consumer Contract Law or for other reasons, irrespective of the provisions of this section or other indemnities that are exempt from the Company’s liability for damages, the Company’s liability is 1,000 yen at the upper limit.
10. Handling of Personal Information
11. Intellectual Property Rights
- All intellectual property rights such as copyrights related to the Service belong to the Company unless otherwise stipulated. In addition, unless the Company has permission, nobody can use it except for sites created and operated by the Terms of Service.
- Notwithstanding the provisions of the preceding paragraph, rights shall be reserved to Members or third parties who granted their rights to the Members. Members acknowledge that the Company may use or modify these for the operation, advertisement, and publicity of the Service. In addition, when a third party posts copyrighted materials, marks, service marks, designs, indications, etc., that have intellectual property rights such as copyright, trademark rights, design rights, etc., on the Service, the Member is required to obtain permission from the legal holder of said intellectual property under his/her own responsibility—the Company is not responsible for this in the least.
- In the event of a problem in violation of the preceding paragraph, the Member shall solve such problems at his/her own expense and shall not cause any damages to the Company.
- In the Terms of Service, "Confidential Information" includes: in connection with the Terms of Service or the Service, all information about the Company’s technology, sales, operations, financial affairs, organization, and other matters that the Company has or had knowledge about that has been provided or disclosed to by the Company, in writing, orally, or recorded media, etc., to the Member. However, the following cases shall be excluded from confidential information.
- When the information has been provided or disclosed by the Company or when it has been known; the information has already been known publicly or has already been known.
- After the information is provided, disclosed, or acquired by the Company, it became known publicly by publications or other reasons due to reasons not attributable to the Member’s responsibility.
- The information that was obtained properly without legally obliged confidentiality from a third party authorized to provide or disclose.
- The information that was developed independently excluding confidential information.
- Information that was confirmed in writing for which the Member does not need confidentiality by the Company.
- The Member shall use confidential information only for the purpose of using the Service and shall not disclose its confidential information to a third party without the Company’s written consent.
- Members may disclose confidential information based on law, court, or government agency order, request, or requirement. However, in the event of such order, request, or requirement, the Member must promptly notify the Company.
- In the case of duplicating a document containing confidential information or a magnetic recording medium, etc., a Member must obtain the Company’s consent in writing in advance and strictly perform the management of copies in accordance with the Terms of Service.
- Whenever requested by the Company, in accordance with the instructions of the Company, a Member must return or discard the written and/or recorded media, items containing confidential information, confidential information, and all copies thereof without delay.
13. Expiration Date of the Terms of Service
The Terms of Service shall become effective on the day which the registration for the Member is completed under Article 2, until the earliest date on which the Member withdraws, the date on which the Member was expelled, or the date on which the provision of the Service is/was terminated, it shall last effectively between the Company and the Member.
14. Measures After Contract End
The Member shall not be able to use the Service and that which is provided on the Service when the Terms of Service is over—even if the Member suffers damage by this, the Company shall take no responsibility.
15. Additions and Changes of the Terms of Service
- The Company can make periodic changes to the Terms of Service and the individual contracts without prior notice to the Users. In addition, the Company can also add a contract to supplement the Terms of Service and individual agreements.
- In the event that the Terms of Service and the individual agreements are changed or there is an addition of new provisions for supplementing the Terms of Service and individual contracts, for the use of the Service after such change or addition, the Terms of Service and individual conditions after such change and addition shall apply. As a result of posting on the Service, it shall take effect from the time it is posted, and the User is deemed to have accepted the change.
16. Possibility for Transfer of Contract
In the event that the Company transfers the Service and related projects to another company (including the case of company split), information on the Service such as rights and obligations under this contract, contractual status, membership registration matters, customer registration information, etc., can be transferred to the assignee. The Member agrees in advance about the contents specified herein.
17. Possibility of Separation
Even if a part of the provisions stipulated in the Terms of Service is deemed to be invalid under laws and regulations, regarding the conditions stipulated in the Terms of Service other than those proved invalid shall continue to be valid as applicable. Regarding provisions that are deemed invalid, Members and the Company shall endeavor to act in accordance with the purpose of the relevant provisions.
18. Jurisdiction & Venue
The Terms of Service is governed by the laws of Japan. The Members and the Company (GuidebooQ) consent to the exclusive jurisdiction of the Tokyo District Court, for all disputes related to the subject matter hereof.