“ZEKKEI Japan” Terms of Service

Article 1 (The Terms of Service)

1. These terms of service (hereinafter referred to as the “TOS”) shall be applied to all relationships between the Service Users and TAS CO., LTD. (hereinafter referred to as the “Company”) pertaining to the use of the “Service” (defined in Article 2 (1)-i). By using this service, Users of the Service are deemed to have agreed with these TOS.

2. All Service Users who use the Service shall comply with all terms as set forth by these TOS, as well as comply with the notices issued by the Company by means of notices posted on the Service.

Article 2 (Definition)

The following terms in the context of these TOS shall have the definitions set forth below:

(1) The “Service” shall refer to a series of services provided through the Website “ZEKKEI Japan”, including the introduction of Japanese cultures and scenery, as well as various types of services relating to them, to the Users of the service.

(2) “Member” shall mean person who has registered the information as designated by the Company, and agreed to abide by the provisions under these TOS.

(3) “Partners” shall mean those individuals or legal persons who provide information, etc. through the Service based on the partnership with the Company for the Service.

(4) “Content” shall mean those information consisting of images, and texts, etc., that are provided through the Service by the Company for the Users.

Article 3 (Use of the Service)

1. The Service can be also used by those Users who are not the registered Members. Provided, however, that some of the functionalities on the Service are made available exclusively to the registered Members.

2. Service Users shall furnish their own communication equipment and others necessary to use the Service at their own expense. In addition, the Service Users shall be responsible for handling all the required procedures at their responsibility and expense.

Article 4 (Membership Registration)

1. The Service Users who wish to use specific functionalities provided through the Service or to use the Service shall apply for Membership registration by entering requisite information on the application format designated by the Company on the Service. The Membership agreement between the Company and a Service User is deemed to have been concluded upon submission of Membership registration by a Service User.

2. The Company may reject Membership application when applicants fall under any of the following, and the Membership application may be revoked in the event that the fact came to the knowledge of the Company that the accepted Member falls under any of the following items, even after the Membership was accepted. The Company shall be under no obligation to provide reason for rejection in such case.

(1) In case where applicants are already enrolled in the Service as registered Members;

(2) In the event the fact came to the knowledge of the company in which the said Member’s membership was suspended or revoked due to a breach of certain terms and conditions committed by the said Member in the past.

(3) When the false information, errors or omissions came to the Company’s knowledge and the Member’s correction of such issues were not completed even after they were advised.

(4) When the applicant is recognized as an antisocial force or someone who has a certain association with antisocial forces.

(5) In addition to the foregoing, when the Company determines that such accepting membership application from a given person is deemed inappropriate.

3. When any of the information previously registered is changed, the Members need to report such changes to the Company by means of the method as designated by the Company. When the Member experiences damages, including not being able to receive the notices from the Company, or the functionalities offered through the Service, in whole or in part, the Company shall not be liable or responsible for damages.

Article 5 (Account management)

1. Member shall manage his/her own account information including those provided by the Company for the Service or those set up by themselves (including but not limited to Facebook Authentication Information, email addresses, passwords) at his/her own responsibilities and costs, and Member shall not lend, assign, trade, pledge, publish or let any third parties use.

2. When the Member has lost his/her own account information, he/she shall immediately notify the Company and follow the Company’s instruction. In such an event, the Company reviews to determine whether or not to re-register such account information.

3. Member shall acknowledge and agree that the Company is not obliged to re-register account information, and it may require some time for the Company to process re-registration. The Company shall not be held liable or responsible for any damages whatsoever resulting from the Company not issuing Users’ account information immediately, or the Company not authorizing Users’ continued use of the Service, regardless of the loss of the account information either intentionally or unintentionally.

4. The Company will regard all actions taken place through Member’s accounts as actions done by the said Member. Member shall be solely responsible for all consequences, including compromise on information, misuse, use by third parties, unauthorized access all caused by inadequate management of their own account information, and the Company shall not be liable or responsible for any of the aforementioned, unless they are attributable to the Company.

Article 6 (Personal Information Protection Policy)

The Company shall handle the information acquired through the membership registration, and the use of the Service by Users in accordance with these TOS, and the Company’s Privacy Policy, which is separately prescribed, and the Service Users shall acknowledge and consent to it.

2. The Service Users shall consent that the Company shall collect/use Users’ Personal Information (including the information that can be easily referred to other information to identify specific individuals) for the purposes as prescribed in the following items:

(1) For the purpose of notifying or contacting the Service Users (including communication by means of email, the same applies hereinafter) when such communication is required for the Company’s course of business or providing its Service;

(2) For the purpose of handling inquiries pertaining to the Service (including personal identification

(3) For the purpose of distributing web-zines.

(4) For the purpose of exercising the rights and performance of obligations based on contracts and laws and regulations.

(5) For the purpose of attaining the goals related to the attainment of the goal as prescribed in each of the foregoing items;

3. Service Users hereby acknowledge and consent that the Company may collect/use Service Users’ non-personally identifiable information (including, device information, and IP addresses, hereinafter referred to as “Device Information”) for the purposes listed under the following items:

(1) Providing various functionalities or services through the Service;

(2) Distribution of suitable advertisements;

(3) Measuring of advertisement effectiveness and reporting of such results to the advertisers;

(4) Improvement of the quality of the Service, collection/analysis of marketing data, and development and reviewing of new products, etc.

4. In regards to the Items 2 and 3 from the preceding section, the Company provides behavioral targeting advertisement through an advertisement distribution system provided by the companies indicated below. Such advertisements may obtain anonymous, non-personally identifiable data by using cookies (a small file used to write/store data on the visitors’ computer through web browsers) for the purpose of delivering more appropriate advertisement suitable for each Service Users.

Types of information to be obtained from the Company - Examples:

-Information which identifies Users (uniquely generated random IDs)

-Information pertaining to the usage (website browsing history, ad click history, and ad viewing history);

-Service Users are advised to follow the link provided when they wish to verify the information pertaining to their devices (types, OS version, language setting on the devices, etc.), usage of the information applied to the behavioral targeting advertisement, and to opt out in order to reset their browser to reject the collection of information by cookies.

5. The Company or its Partners may use Personal Information and Device Information solely for the purposes as set forth in Sections 2 and 3 above, and shall not collect or use that information for the purposes outside of the aforementioned scope without obtaining prior consents from Service Users

6. The Company may disclose or provide Personal Information and Device Information to third parties within the extent necessary for the attainment of the purposes as prescribed in the Items 2 and 3. Additionally, the Company may disclose or provide Personal Information and Device Information in accordance with applicable Law. In such event, the Company will not obtain consent for the said disclosure from the Service Users each time.

7. The Company may request the Member to submit their personal identification documents, including copies of driver’s license where necessary.

Article 7 (Rights Pertaining to the Service)

The copyright, trade rights, and other intellectual property rights pertaining to the Service and content provided through the Service shall be the properties of the Company or any third parties who have granted licenses to the Company. Licenses pertaining to the Service in accordance with these TOS shall not be construed as the transfer of rights of any kind.

Article 8 (Rights in the Content Contributed by Users)

1. When the intellectual property rights are established pertaining to images or texts contributed by Service Users through the Service, the said rights shall all be the properties of the applicable Service Users or any third parties who grant such rights to the Service Users. Service Users shall grant the rights required for the purposes of distribution/publishing, or introduction/advertisement of the Service to other Service Users, or the creation of publications pertaining to the Service, for the indefinite period of time, and when the rights to content contributed are the properties of other third parties, the said Service Users shall handle all the procedures required to grant license to the Company at their own expense and responsibility.

2. In the case prescribed in the preceding section, the Service Users shall grant copyright, including Articles 27 and 28 of the Japanese Copyright Act, to the Company. Additionally, such Service Users shall not exercise the author’s moral right against the use of copyright by the Company.

3. The Company shall reserve the rights to delete any contributed content, where such content is deemed to be inappropriate without notifying Service Users, and the Company is under no obligation to provide any reason for deleting contributions in response to inquiries from Service Users.

Article 9 (Notification of Termination of Use)

When a Service User terminates his/her Membership Contract, he/she shall notify the Company by means of the formats as designated by the Company. The Service User shall be no longer eligible for any and all rights and privileges pertaining to the use of the Service upon termination of his/her membership.

Article 10 (Prohibition)

The Company prohibits the Service Users from engaging in activities that fall under the following or likely to:

(1) Infringe the rights of third parties, including copyright, rights of publicity, and privacy of the Company, its Partners, other Service Users, or any other third parties;

(2) Post or transmit to other Service Users the content that discriminates, slanders, or insults any third parties, or that defame or damage the trustworthiness of any third parties;

(3) Use the Service for the commercial purposes without obtaining consent from the Company;

(4) Use the Service to fraudulently impersonate as others with the use of account information of others, or using to enter account information of others, or to intrude on computers or systems;

(5) Use the Service to the extent other than personal use of the Service Users, including copying, modifying, analyzing, transferring, pledging, distributing, publicly transmitting, and lending;

(6) Offend public orders and morals;

(7) Have associations with anti-social forces;

(8) Breach laws or any other acts that the Company deems inappropriate.

Article 11 (Termination of Use)

1. The Company may immediately terminate the Service Users’ use of the Service, cancel the said Service Users’ membership enrollment process, without prior notice or demand, when the Company deems that Service Users have engaged in any of the following acts when using the Service:

(1) When the Service Users breached the prohibitions from the preceding Article, as well as any provisions as set forth in these TOS;

(2) When the Service Users used false information at the time of their Membership enrollment;

(3) When the Service Users used the Personal Information of others or fictitious information at the time of their Membership enrollment;

(4) When the Service Member is dually enrolled;

(5) When the Service Member engage in an act to obstruct the operation of the Service;

(6) When the Service Member intentionally cause significant hindrance to operation of the Company by making excessively lengthy phone calls, or repeating inquiries of similar nature to the Company, or attempt to demand the Company to perform actions that the Company is not obliged to do so.

(7) When the Service Users have not been using the Service for a certain period of length;

(8) When wrongful acts engaged by Service Users are identified;

(9) In addition to the foregoing, when the Company determines that it is not inappropriate for the Service Users to use the Service.

2. In the case prescribed in the preceding section, the Company is not liable whatsoever for the disadvantages and damages suffered by the said Service Users caused by the termination of the use of the Service or cancellation of membership enrollment enforced by the Company. The Service Users shall be liable for indemnifying the Company or any other third parties for the damages caused by the Service Users due to the fact that they fall under any of the items as prescribed in the preceding section.

Article 12 (Suspension, Cessation, Change, and Termination of the Service)

1. The Company may suspend or cease the Service, in whole or in part, for the reasons as set forth in each of the following items at its sole discretion:

(1) When the Company or the other enterprise’s platform which is used by the Company to provide the Service is under a scheduled or emergency inspection, repair, maintenance, improvement;

(2) When there was an incident or failure with the communication lines;

(3) When the service cannot be operated due to emergency conditions, including fire, power failure, and acts of god;

(4) When the service cannot be operated due to a war, civil war, riot and labor disputes;

(5) In addition to the foregoing, When the Company deems that rejection of such person is unavoidable.

2. The Company, at its sole discretion, may suspend or cease the Service, in whole or in part, for the reasons as set forth in each of the following items:

3. The Company, reserves the right to terminate the Service at any time, in whole or in part.

4. When the Company suspends, ceases, changes or terminates the Service in accordance with Section 3 of the foregoing, the Company shall notify the relevant users in advance to the extent deemed reasonably necessary. Provided, however, it does not apply to emergencies.

Article 13 (Disclaimer)

1. The Company makes no warranty, expressly or implied, as to the accuracy, usefulness, recency, or appropriateness of the content.

2. The company shall not be liable or responsible for any damages suffered by Service Users caused by their use of, or the unavailability of the Service. Provided, however, it does not apply to the case of such damages due to reasons for which the Company is liable.

3. When any disputes arise out of the use of the Service, they should be solved promptly at the sole responsibility of the relevant Service Users, unless such disputes are due to reasons for which the Company is liable.

4. The Company shall not be liable or responsible for any damages suffered by the Service Users in relation to being sanctioned by the external websites or other enterprises due to their use of the Service.

5. The Company shall not be liable or responsible for any damages suffered by the Service Users caused by the suspension, cessation, change, or termination of the Service.

Article 14 (Changes in these TOS)

The Company may any time change these TOS at its sole discretion, without obtaining approvals from Service Users, and the Service Users’ use of the Service following such changes shall be deemed as acceptance of such changes..

Article 15 (Governing Law)

These TOS shall be regulated under the Law of Japan, the governing law to these TOS.

Article 16 (Court of Jurisdiction)

All disputes arising out from the Service shall be subject to the jurisdiction at the Tokyo District Court or Tokyo Summary Court as a court case for a first instance depending on the value of the matters in dispute.

Revised on March 31th, 2017

Date of enactment: April 27th, 2015

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