The Terms of Use (hereinafter referred to as the “Terms”) prescribe certain provisions when customers use certain services related to the application called the Kankaku Museum Guide App (herein after referred to as the “Service”) made available by Open Heart Attaka, an organization engaged in specified non-profit activities (hereinafter referred to as the “Organization”). Users can use the Service after indicating the users’ consent to the Terms.
1 A user shall acknowledge and consent to the Terms prior to the use of the Service.
2 Upon registering a user’s consent to the Terms after downloading the Service to a smartphone or other information terminal, the contract on the use of the Service pursuant to the provisions of the Terms shall be deemed to have been concluded between the user and the Organization.
1 The Organization may at any time amend the Terms without obtaining the prior consent of users, and users shall accept such amendment without any objection.
2 When the Organization amends the Terms, the Organization will notify users of the details of such amendment by the method prescribed by the Organization
3 The amendment to the previous terms shall become effective upon giving notification by the Organization pursuant to the preceding paragraph.
4 Upon using the Service after amendment of the Terms, a user shall be deemed to have agreed to the amended Terms without objection.
In using the Service, the Organization prohibits users from engaging in any of the following acts. If the Organization determines that a user violates the prohibition, the Organization may temporarily suspend the use of the Service, terminate the membership, or implement other measures that the Organization deems necessary:
(1) Any act of infringing the intellectual property right of the Organization or any third party
(2) Any act of damaging the reputation or credibility of the Organization or any third party or any act of unfairly discriminating or slandering the Organization or any third party
(3) Any act of infringing or threatening to infringe the property of the Organization or any third party
(4) Any act of causing economic damage to the Organization or any third party
(5) Any act of threatening the Organization or any third party
(6) Any act of using, or inducing the use of, any computer virus or harmful program
(7) Any act of causing an excessive load against the Organization’s infrastructural facility or equipment for the Service
(8) Any act of attacking the servers, systems, or security on the Organization’s website
(9) Any other act that the Organization deems inappropriate
1 The Organization assumes no liability whatsoever for damage arising out of any change in the Service or the suspension or discontinuation of the Service.
2 The Organization has no involvement in users’ operating environment for the Service and assumes no liability whatsoever for such environment.
3 The Organization makes no warranty or guarantee that the Service fits a particular purpose of the users, that the Service has anticipated functions, commercial value, accuracy, and usefulness, that the use of the Service by users complies with laws and regulations applicable to users and the internal rules and regulations in industry organizations, and that the Service is free from defects.
4 The Organization makes no warranty or guarantee that the Service is compatible with all information terminals, and users shall acknowledge in advance that the operation of the Service may cause problems under certain circumstances, such as the upgrade of any Operating System of information terminals used for the Service. In addition, the Organization makes no warranty or guarantee that any correction to programs made by the Organization in the event of problems should dissolve such problems.
5 Users shall acknowledge in advance that the use of the whole or part of the Service might be restricted because of a change in the terms of use and operational policies of the service stores, such as the App Store and Google Play.
6 The Organization assumes no liability whatsoever for any direct or indirect damage incurred by a user from the user’s use of the Service.
7 The Organization assumes no liability whatsoever for any opportunity loss, business interruption, or any other damage (including indirect damage and loss of profits) that have occurred to users and any third parties, even if the Organization has been advised of the possibility of such damage in advance.
8 The provisions under paragraphs 1 to 7 shall not apply to cases where there is an intentional act or gross negligence on the part of the Organization or where a contractor falls under the category of the consumer defined in the Consumer Contract Act.
9 Even when the preceding paragraph applies, the Organization assumes no liability whatsoever for damage incurred by a user due to negligence (excluding gross negligence), which arises from special circumstances.
10 If any dispute arises between a user and any third party in connection with the use of the Service, the user shall compensate for any damage caused by the dispute or settle such dispute at the user’s own responsibility and expense, and the user shall not cause any trouble nor will the user damage the Organization in any way.
11 If the Organization receives a claim for damages from a third party due to the act of a user, the user shall settle such claim at its own expense (attorney’s fees) and responsibility. If the Organization has paid damages to such third party, the user shall pay to the Organization all costs and expenses (including attorney’s fees and loss of profits) including such damages.
12 If a user causes any damage to the Organization in connection with the use of the Service, the user shall, at the user’s own expense and responsibility, compensate the Organization for damages (including litigation costs and attorney’s fees).
1 The Organization may, at its discretion, assign the whole or part of the Service to any third party. In such case, all rights of the user pertaining to the Service, including the user’s account within the scope of the assigned rights, shall be transferred to the assignee.
If any provision of the Terms or any part of such provision is determined to be invalid or unenforceable by the Consumer Contract Act or any other law or regulation, the remaining provisions of the Terms or the remaining part of the part of the invalid or unenforceable provision shall continue in full force and effect.
Communications with or inquiries to the Organization by users regarding the use of the Service shall be made by transmitting an inquiry form available on an appropriate page of the website (https://www.kankaku.org/) operated by the Organization or by any other way that the Organization separately designates.
1 The validity, interpretation, and performance of the Terms shall be governed by and construed in accordance with the laws of Japan.
2 All controversies, lawsuits, and any other disputes between the Organization and a user shall be submitted to the exclusive jurisdiction of the Sendai Summary Court or the Sendai District Court, depending on the amount in controversy.
Enforcement on April 1, 2020
