Article 1 (General Provisions)
These Terms of Use ("Terms and Conditions") govern your use of japan ART EX
("Application") provided by RegistART Inc. (the "Company," "we" or "us"). Please accept the Terms herein before using the Application.
Article 2 (Agreement to the Terms)
1. Upon agreeing to the Terms, you may use the Application in accordance with the provisions of the Terms. If you do not agree to the Terms, please uninstall the Application immediately. By using the Application, you agree to comply with the Terms.
2. When you download the Application to your smartphone or other information terminal and use the Application, a contract of use in accordance with the Terms shall be formed between you and the Company.
3. If you are a minor, please obtain the consent of a person with parental authority or other legal representative before using the Application.
Article 3 (Modification of Terms)
1. We may revise the Terms at any time without your consent in any of the following cases, and you agree to accept such revisions without objection.
(1) When the modification of the Terms is in the general interest of the customer.
(2) The modification of the Terms is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and other circumstances pertaining to the modification.
2. When the Company revises the Terms, the Company shall notify the customer by displaying the contents of such revision on the Application or by other means prescribed by the Company.
3. Revisions to the Terms shall take effect from the time the Company gives notice in accordance with the preceding paragraph.
4. By continuing to use the Application after those revisions become effective, you agree to be bound by the revised Terms..
Article 4 (Use)
1. There is no charge for basic operations such as installation of the Application, sign-up, and viewing content information. However, you are liable for any costs associated with telecommunications equipment, communication fees, and connection fees necessary to use the Application at your own expense.
2. We reserve the right to change, suspend, discontinue, or terminate the Application, in whole or in part, without prior notice to you. In addition, you may not be able to use all or part of the functions of the Application in any of the following cases. The customer agrees in advance and shall not raise any objection to any of the following.
(1) In the event of a malfunction of the Application, server, etc.;
(2) In the event of periodic or irregular maintenance;
(3) In the event of damage to the customer's communications equipment or equipment required to use the functions of the Application, or in the event of unavailability due to electromagnetic effects, power outages, or other reasons;
(4) In the event of unavailability due to force majeure such as fire, power failure, natural disaster, etc.;
(5) In the event of other unavoidable circumstances.
Article 5 (Handling of Personal Information, etc.)
The Company shall properly handle the customer's personal information and other similar information obtained when using the Application in accordance with the "japan ART EX Privacy Policy."
Article 6 (Intellectual Property Rights)
1. All intellectual property rights, rights of use, and other rights, including copyrights, trademarks, and patent rights, in the Application and all content provided by the Application belong to the Company or the rights holder of such content ("Rights Holder"). Except as otherwise provided in the Terms, you shall not be granted any rights to intellectual property rights related to the Application.
2. You may not reproduce or otherwise use any information provided through the Application without the consent of the Company or the Rights Holder.
3. You shall not allow any third party to use or disclose any information provided through the Application in any manner without the consent of the Company or the Rights Holder.
Article 7 (Prohibited Acts)
Upon use of the Application, the following acts are prohibited by the Company. If the Company deems that you have violated any of the prohibitions, the Company may suspend your use of the Application or take any other action that the Company deems necessary.
(1) Acts that infringe upon the intellectual property rights of the Company or a third party. Additionally, encouraging or aiding others in such violations is strictly prohibited;
(2) Acts that defame the honor or credit of the Company or a third party, or unfairly discriminate against or slander the honor or credit of the Company or a third party;
(3) Acts that infringe upon the property of the Company or a third party. Additionally, encouraging or aiding others in such violations is strictly prohibited;
(4) Acts that cause economic damage to the Company or a third party;
(5) Acts that are threatening to the Company or a third party;
(6) Any act that uses or harbors computer viruses or malware;
(7) Any act that places excessive stress on the infrastructure facilities for the Application;
(8) Acts that attack the server, system, or security of the Application;
(9) Acts that violate or may violate laws, regulations, ordinances, or public order and morals;
(10) Acts of using the Application for advertising, commercial, or solicitation purposes beyond the scope of personal use;
(11) Acts of using the Application for any unauthorized purpose;
(12) Any act other than those mentioned above that the Company deems inappropriate.
Article 8 (Disclaimer)
1. The Company shall not be liable for any damages caused by changes in the contents, suspension, interruption, or termination of the Application.
2. The Company shall not be involved in, and shall not be liable for, the environment in which the customer uses the Application.
3. The Company shall not be responsible for the safety, reliability, accuracy, completeness, usefulness, or fitness for a particular purpose of the Application, or that your use of the Application complies with applicable laws, regulations, or internal rules of any industry organization, or that it is free from defects, errors, bugs, or other problems related to security or other issues.
4. We do not guarantee that the Application is compatible with all information terminals, and you acknowledge in advance that there is a possibility that malfunctions may occur in the operation of the Application due to OS upgrades, etc. of the information terminal used for the Application. The customer acknowledges in advance that defects may occur in the operation of the Application due to OS upgrades, etc. of the information terminal used for the Application. The Company does not guarantee that any such defects will be resolved by the Company's modification of the program, etc. in the event of such defects.
5. You acknowledge in advance that the use of part or all of the Application may be restricted due to changes in the terms of service and operating policies of service stores such as the App Store and Google Play.
6. We shall not be liable for any damages incurred by you, whether directly or indirectly, as a result of using the Application.
7. The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by you or any other third party, even if the Company has been notified of the possibility of such damages in advance.
8. The provisions of Articles 1 through 8 shall not apply in the event of intentional or gross negligence on the part of the Company, or in the event that the contract falls under the category of consumer as defined under the Consumer Contract Act.
9. Even if the preceding paragraph applies, we shall not be liable for any damages arising from special circumstances among damages caused to you by an act of negligence (excluding gross negligence).
10. If we are liable for damages in connection with the use of the Application, we shall be liable for damages up to the limit of ordinary damages directly and actually incurred.
11. We shall not be liable for any dispute or trouble between you and other customers. In the event of a dispute between you and another customer, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
12. In the event that you cause damage to other customers or a dispute with a third party in relation to the use of the Application, you shall compensate for such damage, or resolve such disputes at your own expense and responsibility and shall not cause any trouble or damage to the Company.
13. If the Company receives a claim for damages from a third party as a result of your conduct, you shall be liable and settle such claims at your own expense (attorney's fees). If the Company pays compensation for damages to such third parties, you shall pay to the Company all expenses (including attorney's fees and lost profits) including such compensation for damages.
14. If you cause any damage to the Company in connection with your use of the Application, you shall compensate the Company for such damages (including court costs and attorney's fees).
15. The information (including names, images, addresses, and any other information listed) on this application about galleries, museums, and other facilities in general is current as of the date of posting, and while we strive to provide you with reliable information, we make no guarantee as to the accuracy, completeness, or currentness of the information.
You agree in advance that we shall not be liable for any loss or damage arising between you and the facilities listed in this application, except in cases of willful misconduct or gross negligence on our part.
The contact information for inquiries regarding the Application is set forth in Article 11.
16. The information (including trade names, images, addresses, business hours, holidays, reviews, and any other information) regarding restaurants, etc. ("Restaurants, etc.") posted on the Application is current as of the date of posting, and while we make every effort to provide reliable information to our customers, no guarantee is made as to the accuracy, completeness, or timeliness of the information, and you are responsible for making your own judgments as to the usefulness of the information contained in the Application.
We recommend that you contact the facilities to confirm addresses, hours of operation, and holidays before using the services.
We also ask for your understanding in advance that we will not be held liable for any damages that may arise between you and a restaurant, etc., except in the case of willful misconduct or gross negligence on our part.
Article 9 (Transfer of Rights)
We may, in our sole discretion, transfer all or part of the Application to a third party.
Article 10 (Severability)
If any provision of the Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of the Terms and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 11 (Method of Contact)
1. Notification or communication from the Company to you regarding the Application shall be made by a method the Company deems appropriate, in addition to the method indicated on the Application.
2. Any questions or inquiries from customers to the Company regarding the functions of the Application (including the contents of plans and prize information related to the stamp rally) or any problems (including defects, errors, or bugs related to security, etc.) should be directed to the following telephone number or e-mail address.
For inquiries regarding the Application: 03-5766-1335
app_info@reg-art.com
Article 12 (Governing Law, Court of Jurisdiction)
1. The validity, interpretation, and performance of the Terms shall be governed by and construed in accordance with the laws of Japan.
2. The Tokyo Summary Court or the Tokyo District Court shall be the court of exclusive jurisdiction for any argument, lawsuit, or other dispute between the Company and the customer, depending on the amount of the suit.