- Article 1 (Applicability of Agreement)
- These Terms establish the rules for using TABIDO (hereafter, "the Services", which include the Content provided via the Services), a platform service (including provision and operation of portal website(s), smartphone application(s), and distribution control server(s)) for processing, managing and distributing content of tourism in Japan, etc., provided by TOPPAN INC. (hereafter, “the Company”). These Terms apply to anyone (hereafter “User” and/or “Users”) who uses the Services.
2. Users may use the Services free of charge on their smartphones upon the conditions of agreeing to all of the Terms and sincerely following them. Note that the telecommunications environment, such as devices, software, communication line, etc., required when using the Services, is to be prepared at the User’s responsibility and expense. The Company shall have no part in the environment the User employs for using for the Services.
- Article 2 (Definition of Terms)
- The terms used in these Terms are defined as follows.
(1) The Site: the portal website(s) for distributing the content of the Company.
(2) The App: the smartphone application(s) for distributing the content of the Company.
(3) The Server: The server(s) to which the Company uploads the content of the Services, and which the Company administers and which are used for delivery of the Site and the App.
(4) The System: Refers to the system, including servers, the Company constructs and operates for providing the Services.
(5) The Content: Data such as graphics, audio, images, video, programs, text, writing and all other information uploaded by the Company to the Server.
- Article 3 (Changes to Terms and Notices from the Company)
- Article 4 (Agreements related to the Road Traffic Law)
- When a User is using a PC, cellphone terminal (including smartphone terminals) or tablet terminal (hereafter, collectively “terminals”) to use the Services, staring at the screen while driving an automobile, motorcycle or bicycle, or while walking, is extremely dangerous, so please do not do so. Please only use your device in a safe place and stop your vehicle or stop walking. Similarly, staring at the screen of a terminal while operating an automobile, motorcycle or bicycle may lead to a traffic accident, and may also be a violation of the Road Traffic Law, so exercise caution.
- Article 5 (Principle of User Self-Responsibility)
- Users shall bear sole responsibility for all conduct and results that arise from the User using the Services. If a conflict or any other problem occurs due to the User’s actions, the User shall resolve such problems on their own responsibility and own expense, and shall not cause any trouble to the Company.
- Article 6 (User Information)
- The User agrees to the release of the analyzed results as statistical data from the content of responses to the questionnaire below (country, region, sex, age) and operation logs of the App, to the Company, and/or our group companies, suppliers with confidentiality agreements with the Company and/or tourism-related companies, for purposes such as improving functionality of our services, for business operations and/or publication of research results.
2. The Company may consign work, including the handling of User information (questionnaire information, operation logs, etc., as per the preceding paragraph) (hereafter “User Information”) to subcontractor(s), within the scope of providing the Services or considering making improvements thereto. In such case, the Company shall conclude a confidentiality agreement covering User Information with the subcontractor(s) and shall then be responsible for oversight of such subcontractor(s) so User Information is handled appropriately. Please note that in the case of re-consignment from a contractor (including further re-consigning), subsequent contractor(s) must conclude a similar confidentiality agreement and handle data properly.
- Article 7 (Warnings about Position Information)
- The User’s position may not be displayed accurately due to the usage environment and/or GPS satellite acquisition state. Please be aware of this when using the function. Of all the Services, the User may not be able to use those service(s) that require user position information, due to the terminal the User is using and/or its settings. The Company shall bear no responsibility whatsoever for errors in information content due to the accuracy of the position information.
- Article 8 (Intellectual and Other Property Rights)
- All of the rights to the content (all intellectual property rights, including ownership and copyrights, rights to use likenesses, publicity rights, etc.) belong to the Company or third party(ies) (including local governments) that own a particular right.
2. Users may perform any of the following acts with the Services. However, in all cases the User is prohibited from saving content to their terminal (except screenshots of the Services) or using the Services for commercial purposes.
(1) Use the screenshot function of a terminal to save screenshots of the Services.
(2) Use the frame capture function of the Services to save pictures taken to the terminal.
(3) Upload images saved as per the preceding items to social networking services, such as Twitter, Facebook or LINE.
3. The User shall acquire no rights whatsoever to the content, except for the use thereof explicated in the preceding paragraph, and may not act in any way that infringes upon any right to the content, such as any intellectual property rights, including ownership and copyright, right to use likenesses, publicity rights, etc., without consent of the rights holder. However, this shall not include any act in using the content that is within the scope of private use as stipulated by the Copyright Act.
4. If a violation of sections 2 or 3 in this Article results in a problem, the User shall resolve such problem on their own responsibility and own expense, as well as ensuring that it does not become a nuisance to or damage the Company.
5. If a legal claim is made against the Company by a third party, or if the Company incurs damage, the User who caused said dispute or damage, as per the preceding paragraph, shall be liable for the costs of the Company to resolve the dispute and for compensation of damages.
6. The User shall not exercise the moral right of the author (right to make a work public, right to determine the indication of an author's name, right to maintain integrity) with respect to any party who inherits rights from the Company or a third party that obtained the right justly from the Company or a relevant third party for the part of posted content that is copyrightable by the User.
- Article 9 (Advertisement)
- The User consents in advance to advertisements of the Company or a third party being inserted in or displayed with the content provided for the User through the Services of the Company. However, the Company shall bear no responsibility whatsoever for the content of such advertisements or how they are displayed.
- Article 10 (Prohibitions)
- When using the Services, the User shall not perform any of the following acts or any act that could result in same.
(1) Act in any way (including conduct such as reproduction, transcription, processing, alteration, adaptation, transmission or using in any other way) that infringes upon legitimate rights, such as any intellectual property rights, including ownership and copyright of the Company or any third party, right to use likenesses, publicity rights, etc.
(2) Act to transfer, sell, rent, re-license the Content to any third party, regardless of whether for compensation or not, without obtaining a license from the Company.
(3) Act to tamper with or erase information of the Services without permission.
(4) Act to reverse engineer, decompile or disassemble the Content, or any similar act.
(5) If the Content is protected by technical safeguard(s) to prevent unauthorized reproduction, any act to remove, alter or otherwise circumvent the safeguard.
(6) The act of distributing a harmful program, such as a computer virus, via the Services, or in connection with using the Services.
(7) Any act that does or is likely to slander or libel the Company or any third party, or is damaging to the social prestige, honor or privacy thereof.
(8) Any act that violates or is likely to violate any laws or regulations.
(9) Any conduct in violation of public order or morality.
(10) Any act of sending or displaying information or images that causes or is likely to cause a crime.
(11) Any act of sending or displaying information or images discriminatory in terms of race, gender, religion, country of origin, disability or age.
(12) Any act of attacking or injuring another person, or the act of sending or displaying other harmful information or images.
(13) Any act of interfering with the Services or impugning trust in the Services.
(14) Any other conduct that the Company deems inappropriate.
- Article 11 (Temporary Interruption or Termination of Services)
- If any of the following should apply, the Company may, without prior notice to Users, temporarily terminate provision or operation of the Services and/or the system in part or whole.
(1) In order to perform emergency inspections and/or maintenance due to faults in or damage to the infrastructure or communication lines that are part of the system
(2) If the continued provision or operation of the Services or the system is likely to result in damage to the Company, Users and/or third party(ies) or to spread such damage.
(3) If the Services or the system cannot be provided due to force majeure, such as a natural disaster.
(4) If the Company determines it is necessary, for other reasons, whether operational or technological.
2. Users shall not raise any objections to the measures the Company adopts with respect to content. Further, users agree not to make any demands for restitution to the Company for any damages incurred due to measures of the Company.
- Article 12 (Changes and/or Termination of Services)
- The Company may at its own discretion make changes to the content of the Services or terminate the provision of the Services. Note that in the case of major changes to the content of the Services, or in the case of termination of provision of the Services, the Company shall notify users of the content of such change at least one month prior to the date of the change or the termination date.
- Article 13 (Disclaimers)
- The Company makes no guarantees whatsoever with respect to the following matters. Further, the Company assumes no responsibility for acts such as exchanging, repairing or other handling of information, content or the like related to the following matters.
(1) To fulfill the User’s requests or purpose in using the Services.
(2) That the information published under the Services (including the Content, user-posted information and information saved on the Site) fulfills the characteristics of timeliness, accuracy, validity, usefulness or integrity.
(3) That no problems, such as interruption of functions, system errors, bugs or other faults will occur with the App.
(4) That no computer viruses or other harmful substances exist in the App.
2. The Company may, without prior notice, suspend or discontinue operation of the Services in the following cases.
(1) To perform periodic or emergency changes to information, functions and/or the system.
(2) To perform periodic or emergency inspection of equipment and/or the system.
(3) If the provision of the Services cannot be maintained due to causes such as fire, earthquake or power outage.
(4) If the need arises to stop or terminate them due to any other unforeseen circumstances.
3. If the Services are to be suspended in accordance with the foregoing paragraph, the Company shall notify Users of that fact in advance via measures such as announcement on the Site. However, this shall not apply in the case of emergency.
4. The Company shall bear no responsibility whatsoever for the following matters.
(1) Any damage User(s) sustain due to the suspension or discontinuance of the Services, or due to change in the content thereof.
(2) Any damage incurred to property, such as terminals, lines or software a User uses, based on the User environment.
(3) Any accidents or damage the User causes while using the App.
(4) Any damage to property, such as terminal, lines, software, etc., that arises due to infection from computer viruses or the like from downloading from the website of the Services or from third party sites, including those of advertisers.
(5) Any damage arising from the delay, change, suspension, discontinuance or abolition of the Services, or disappearance of information provided via the Services, or any other damages related to the Services.
(6) Any damages incurred under the Services, if a there is a link to a website operated by a third party other than the Company (including but not limited to advertisers), and the User uses the website this link leads to (including but not limited to paying charges or purchasing goods).
(7) Any other damages the Company determines to be unavoidable.
5. In addition to the preceding paragraph, the Company shall bear no responsibility whatsoever for any physical or property damage incurred by the User that is related to the use of the Services, except if caused by willful or gross negligence by the Company.
- Article 14 (Compensation by the Company for Damages)
- If the Company should bear liability for the compensation of damages to the User in relation to use of the Services, the Company shall make compensation for normal and direct damages that actually occurred (regardless of whether foreseeable or not, compensation shall not include lost profits, indirect damages or special damages.)
2. The amount of damages based on the preceding paragraph shall be determined upon separate consultation.
3. The obligation for compensation of damages from the Company to the User related to use of the Services are provided in their entirety in this article.
- Article 15 (Claim for Damages)
- If the User has performed an act in violation of the The Terms, or if the User acts in a way that the Company judges to be inappropriate to operating the Services, and the Company or a third party suffers damages due to this act, the Company may make a commensurate claim for damages (including attorney's fees) to the User, in which case the User is liable for compensation for all damages at the User’s responsibility and expense.
2. If the User acts in violation of Article 10, the Company shall have the right to enjoin the User from the act of use, based on the Copyright Act and other laws and regulations.
- Article 16 (Governing Law & Jurisdiction)
- These Terms are governed by Japanese law and any disputes arising under these Terms and the Services shall in the first instance be heard under the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court.
Furthermore, if this agreement is translated into other languages and there is a discrepancy between the Japanese text and the translated text, the Japanese-language document shall take precedent.
- Article 17 (Changes to the Terms)
- Except as stipulated separately by the Company, after being changed, the Terms shall take effect upon being posted on the Site, and at that point, the conditions for using the Services shall be governed by the changed Terms.
2. If after the Company posts the changed Terms to the Site, a User continues to use the Services, the User shall be deemed to have agreed to the changes in the Terms of the Company.
3. Any and all other matters that have not been specified in the Terms shall be reserved to the discretion of the Company.
In Force as of November 1, 2016
Revised May 7, 2018