利用規約(英語) Terms of service

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FIND OKU-NIKKO Terms of service

All clients that use “FIND OKU-NIKKO” (the “Application”), operated by Tochigi prefectural government (the “Users”) are deemed to have agreed on the following Terms of service. All minor users should use the Application according to the parental/guardian’s consent.

Article 1 (Non-guarantee)
1. There is no guarantee whatsoever by the Operator regarding the services provided by the Application (the “Services”) and the accuracy of the information contents. In addition, the Operator shall not be liable for any direct or indirect damages arising from the Users’ use of the Services.
2. The Operator shall not guarantee whatsoever with regard to non-existence of harmful materials, including computer virus, in all information, articles, and images contained in the Application, or non-existence of illegal access by a third party, and/or any other safety issues in relation to the Application.

Article 2 (Acquisition of the User’s information)
1. The Application will access the User’s terminal to acquire the location information of the User.
2. The Operator will not use the information acquired according to the previous section except for the purpose of providing as well as upgrading the Application and the Services
3. Notwithstanding the foregoing, the Operator may disclose/provide the usage log and/or location information of the Users in any of the following cases.
ⅰ. When required by laws and regulations;
ⅱ. When necessary for the protection of any person’s life, wellbeing or properties;
ⅲ. When particularly required for an improvement of public health or promotion of healthy development of the children; or
ⅳ. When necessary to cooperate with any national governmental organizations, local public agencies, or their assignees in pursuing the administrative duties stipulated by laws and regulations

Article 3 (Users’ acts)
1. The Users shall be responsible for any and all contents sent or received by the User by use of the Application.
2. The Operator shall provide the Services to the Users through internet. The Users shall be responsible for appropriately installing and operating all equipment, a means of communication, and software, etc. required to connect to the internet at his/her own cost and responsibility. The Operator shall bear no responsibility for the operation of the same.
3. The Users shall agree that communication expenses may be required separately for using or browsing the Services, depending on the User’s internet connection environment. The Users also agree that all required expenses mentioned above shall be borne by the said User.
4. The Users shall acknowledge in advance that some part of the Services may not be browsed or used, depending on the internet connection environment of the User.

Article 4 (Collaboration with external services)
1. The Services provided may be collaborated with external services run by a third party, such as Facebook (http://www.facebook.com/). The Users shall use any external services at its own responsibility. The Operator shall bear no responsibility for any damages caused by the use of external services.
2. The Users shall use any external services in compliance with the terms of service provided by the external third party at the user’s own responsibility.

Article 5 (Dos and don’ts)
1. The Users may use the Application for private use only.
2. The following acts are prohibited.
ⅰ. Duplicate the whole of part of the Application for purposes other than installing the Application for private use;
ⅱ. Make modifications of the Application, including revision, alteration, disassembling, decompiling, and reverse engineering;
ⅲ. Sell, lease, transfer, distribute, or grant right to sublicense or give as security the Application and its right to use to a third party;
ⅳ. Invade legal rights, including the intellectual property right, of the Operator or any third party;
ⅴ. Conduct any acts that may interfere with the provision of the Application;
ⅵ. Conduct any acts to offend public order and morals or any other acts disobeying laws and regulations; and
ⅶ. Conduct any acts disobeying the provisions hereof or any other acts that the Association deems inappropriate
3. In the event that the Operator suffered damage, which is attributable to the User violating any provisions in the terms of service, the User may be required to pay for the whole or part of the damage.

Article 6 (Ownership of rights)
1. The Users shall not engage in any act of invading the rights, including the rights to the programs, software, services, trademark, and trade name that make up the Application, as well as the services, products, and the technologies in general that are associated with the services/products provided by the Operator and/or its collaborating business entities, all of that belong to the Operator, its collaborating business entities, the right holder of the programs, or the information providers.
2. The Users shall not engage in any acts of invasion or re-creation in relation to any programs and/or software that make up the Application.
3. In the event of a dispute arose from a violation of any of the provisions thereof, the User shall resolve the dispute at its own cost and responsibility, and indemnify and hold the Operator harmless in every instance.

Article 7 (Reporting of copyright violation)
1. In the event that the User make a copyright claim against the Operator in relation to the information provided by the Application, the User shall use the inquiry page of the Application first.
2. The Operator shall immediately delete or disable the contents that are claimed to be invasion, and the Operator shall bear no responsibility for any damage caused by the measures taken by the Operator.

Article 8 (Indemnity)
1. In the event that the Operator or any third party, including business entities collaborating with the Operator, suffer damage due to a violation of the terms of service or the regulations or guidelines provided in the Application or laws and regulations by the User, the said User shall be liable for the damage, as well as indemnify and hold the Operator or the business entities collaborating with the Operator or any other third party harmless in every instance.
2. The User shall be liable for any and all damages incurred by the Operator, any business entities collaborating with the Operator, other Users, or any other third party in the event that the damage is caused by a violation of the terms of service by the User.

Article 9 (Temporary suspension of the Services)
1. The Operator may suspend providing the Services temporarily without prior notice to the Users for any of the following reasons. The Operator shall not be liable for any direct or indirect loss or damage resulting from the Service suspension, incurred by the Users or a third party regardless of the details or the situation of the loss or damage.
ⅰ. For maintenance, inspection, or repair to keep good operational conditions of the Service
ⅱ. For unavailability of providing the Services due to fire or blackout
ⅲ. For unavailability of providing the Services due to act of God
ⅳ. For necessity to temporarily suspend the Services due to any other operational or technical reasons
2. 　In the event that the Operator temporarily suspended the Services due to any of the reasons described above, and determined that it would be difficult to continue providing the Services, the Operator may terminate the Services notwithstanding the provisions in Article 6, without giving prior notice to the Users.

Article 19 (Termination of the Services)
1. The Operator may terminate the Services for any reasons by giving 14-day prior notice to the Users.
2. The Operator shall post the notice to the Users regarding the Services termination mentioned in the previous section, on the bulletin board in the Application.
3. The Operator shall not be liable for any direct or indirect loss or damage resulting from the Service suspension in the section 1, incurred by the Users or a third party regardless of the details or the situation or the responsibility of the loss or damage.

Article 11 (Jurisdiction)
1. Any disputes which may arise between the User and the Operator in relation to the terms of service shall be resolved by mutual discussions in good faith.
2. In the event that the dispute may not be settled by mutual discussion according to the previous section, the Tokyo District Court of Japan shall be the exclusive court of jurisdiction for the first trial.
3. The terms of service shall be governed by, and construed and interpreted under the laws of Japan.

Article 12 (Revision of the terms of service)
The Operator may revise the contents of the terms of service for the Operator’s reasons as required without prior notice, and the Users shall confirm the contents of the terms of service each time they use the Application. Any use of the Services by the Users after revision shall be deemed agreement to the revision whether or not the User confirmed the revised terms of service. The Operator shall not be liable for any direct or indirect loss or damage resulting from the User’s failure to confirm the revision, incurred by the Users or a third party regardless of the details or the situation of the loss or damage.

Date of enactment: March 17, 2016

The Application uses Lookinfo that is provided by NOMURA Co. Ltd.