1.1 These Terms of Use (“Terms of Use”) apply to Three-Sixty Channel. Inc. (the “Company”) and the Users defined in Article 3, in relation to services (“Services”) provided by the Company.
1.2 Individual rules the Company posts on the Company’s website or transmits by electronic mail or other means to Users constitute a part of these Terms of Use; if the contents of any individual rules conflict with these Terms of Use, the contents of the individual rules shall prevail.
1.3 If consent to these Terms of Uses is not given, the Services may not be used.
The TORISETSU JAPAN provides tours for travelers by serving their needs to do unique things through the eyes of local guides. It is a completely new guide service to maximize travelers’ experiences in Tokyo.
(1) “Guide Service”
Means experiences and tours provided in Japan to a Guest by a Guide.
(2) “Guest”
Means a user defined as the “Applicant” defined in Article 4.
(3) “Guide”
Means a user who provides guide service to a Guest through the Services.
(4) “Tour”
Means original experience-bases tours provided by the Company.
(5) “Registration Information”
Means the “Registration Information” defined in Article 4.
(6) “Intellectual Property Rights”
Means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an application for the registration of any of such rights.
4.1 Any individual or entity which desires to use the Service (hereinafter referred to as the “Applicant”) may apply for the registration as a guest by agreeing to abide by the Terms and admitting complete and true information required by the Company (hereinafter referred to as the “Registration Information”).
4.2 An application for the registration shall be made by an individual or an entity that will use the Service, and applications by proxy or unauthorized person will not be accepted.
4.3 The acceptance of applications for the registration will be determined by the Company in accordance with the criteria established by the Company, and will be announced to the Applicant. The registration will have been completed when the Company issues to the Applicant a notice stating that the application has been accepted.
4.4 If the Company determines that a Registration Applicant falls under or is likely to fall under any of the following, the Company may opt to not approve the Member Registration of such Registration Applicant:
(1) If the Registration Applicant declared any matter that is not true in Users registration procedures;
(2) If the Registration Applicant is a person whose users registration for the Services was revoked in the past;
(3) If the Registration Applicant is a minor or otherwise needs the consent of a statutory agent, guardian or another person for Member registration, but such consent has not been obtained;
(4) If the Registration Applicant is an organized crime group or other anti-social force;
(5) If the Company determines that the Registration Applicant is likely to violate these Terms of Use, or that the Registration Applicant has engaged in conduct that violates any laws or regulations of Japan; or
(6) If the Company otherwise determines that registration of the Registration Applicant is not appropriate.
5.1 If there is any change to a matter registered with the Company, by a method prescribed by the Company, Users shall promptly notify the Company of the details of the change.
5.2 If a User suffers any detriment because of a failure to give the notification of the preceding paragraph, the Company will not bear any liability.
6.1 The Company will issue IDs and passwords to Users of the Services.
6.2 Users may not assign, loan or disclose to a third party IDs or passwords that have been issued.
6.3 A User shall bear all responsibility in regard to the use and management of his/her ID and password. Liability for any damage caused by the User’s inadequate management or erroneous use of an ID or password or third-party use of an ID or password shall be borne by the User, and the Company shall not bear any liability whatsoever.
6.4 If a User learns that his/her ID or password has been stolen or has been improperly used by another company, he/she shall immediately contact the Company and follow the Company’s instructions.
7.1 Use by the Users
(1) During the effective term of the Service Agreement, the User shall have the right to use the Service in such a manner as directed by the Company in accordance with, and within the scope of, the Terms.
(2) The User shall, with its own costs and responsibilities, prepare and maintain computers, software and other devices, and telecommunication line and other communication environment which are necessary to use the Service.
7.2 Use by the Guest
(1) The Guest may choose a Tour from the Website. In the case where the Guest wishes to participate in a Tour, the Guest shall fill in the booking form for the Tour online pursuant to the instruction by the Company.
(2) The Guest shall pay the price of the Tour Service (hereinafter referred to as the “Tour Price”) in a manner specified by the Company.
7.3 Use by the Guides
The Guide shall provide on the Website his/ her profile information and other information regarding the Tour Service to be provided by the Guide pursuant to the instruction by the Company.
7.4 Completion of the Tour Agreement
The agreement regarding use of Tour Service between the Company and the Guest (hereinafter referred to as the “Tour Agreement”) shall be deemed to have been made and entered into at the time of acceptance of the booking by the Company.
Treatment by the Company of the User’s personal information shall be subject to the provisions of our Privacy Policy, which are separately prescribed, and the User hereby agrees to treatment by the Company of the User’s information subject to such Privacy Policy.
Users consent in advance to the Company’s provision of User information to third parties as set forth below with regard to use of the Services pursuant to the Privacy Policy separately stipulated by the Company.
(1) When a Guide uses the Services and registers Guide Service, to the Company disclosing to viewers of the Services the following information necessary to identify the Contents registered by such Guide.
(User information that will be provided)
IDs, nicknames, thumbnail images, user evaluations, other information regarding Tours registered by the Guide that the Guide Member inputs and provides on input forms stipulated by the Company.
(2) If in regard to a Guide’s Guide Service provided by the Services, a Guest intends use the Services to carry out procedures or contact the Guide Member of such Tours, to the Company disclosing the following information to the Guide who is the registrant of such Tours
(User information that will be provided)
The Guest’s name, telephone number, email address, other information regarding Contents that the Guest inputs and provides on input forms stipulated by the Company.
10.1 In case that Guest wishes to cancel the Tour Agreement, the Guest shall follow the cancel policy separately set forth by the Company.
10.2 If the Company determines that provision of Tours is infeasible due to force majeure events, weather or other unavoidable circumstances, cancellation requested by the Company will be approved. In this case, the Company shall refund the Guest the full amount of the consideration for the Tours subject to such cancellation.
11.1 When using the Services, Users may not directly or through a third party engage in any act that falls under, or that is likely to fall under, any of the following:
(1) The act of providing the Company false information in relation to User registration information;
(2) Any act that infringes on an intellectual property right, portrait right, privacy right, or any other right or interest of the Company, another User, or a third party;
(3) A criminal act or any act that is offensive to public order or morals;
(4) The act of transmitting obscene or violent images or other information that is offensive to an ordinary person, or information that is harmful to minors;
(5) Any act that violates laws, regulations, or these Terms of Use;
(6) The act of transmitting information that includes a computer virus or other harmful computer program;
(7) Any act that hinders or is likely to hinder the Company’s administration;
(8) The act of using the Services or information or materials obtained through the Services for commercial purposes or other purposes unrelated to the Services;
(9) Any act that encourages or assists others to engage in illegal acts;
(10) Any act that defames or damages trust in the Company;
(11) The act of verbally abusing or threatening the Company’s staff, or any act that hinders or is likely to hinder the Company’s operations; or
(12) Any other act that the Company determines to be inappropriate.
11.2 If the Company determines that any act of a User falls under any of the foregoing, without any notice to the User, the Company may delete all or a portion of registration information of such Member. The Company shall not be liable for any damage suffered as a result of the Company’s response pursuant to this and foregoing paragraphs.
Without prior notice to Members, the Company may change the service content of the Services.
13.1 If any of the following applies, without prior notice to Users, the Company may temporarily suspend the provision of the Services:
(1) When performing periodic or emergency maintenance of systems or related equipment for the provision of the Services;
(2) If provision of communication lines, power or the like the Company uses is suspended;
(3) If because of fire or power outage, the Services cannot be provided;
(4) If a natural disaster such as earthquake, typhoon, flood, tsunami or any other emergency situation occurs, or because there is a likelihood of such an occurrence, there is a demand or instruction to restrict communication under laws, regulations, or directives;
(5) If because of any other reasons, the provision of the Services becomes technically impossible.
13.2 Even if there is a delay or temporary suspension of the provision of the Services, the Company shall not be liable for damage suffered by a Member or a third party from the same.
13.3 The Company may, in its discretion, terminate the provision of the Service. In this case, the Company gives prior notice to the User.
13.4 The Company shall not be responsible or liable for any damage incurred by the User as a result of any action taken by the Company in accordance with this Article 12.
The Company shall have no obligation to retain the messages or other information which are sent or received, even in cases where such information has been retained by the Company for a certain period, and the Company may delete such information at any time in its discretion.
15.1 All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company, and the use of the Service permitted through the registration under the Terms shall not be construed as granting any license with respect to the Website or the Service under any Intellectual Property Rights held by the Company or its licensors. The User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
15.2 The Users shall grant to the Company the non-exclusive and royalty-free license to copy, reproduce, modify or otherwise use in all forms the texts, graphics, videos and other data uploaded or transmitted in the Website or the Service by the User.
If a User intends to terminate the use of the Services (“Resign”), in accordance with methods prescribed by the Company, such User shall notify the Company.
The Terms constitute the entire agreement between the Company and the User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the User with respect to the matters contained herein.
18.1 Even if any of the terms and conditions of these Terms of Use, or any part thereof, is found to be invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, the remaining terms and conditions of these Terms of Use, and the remaining portion of any provision that was found to be invalid or unenforceable, shall continue to have complete effect.
18.2 Even if any of the terms and conditions of these Terms of Use, or any part thereof, is found to be invalid or unenforceable under the Consumer Contract Act or any other laws and regulations, in order to realize the same purpose and legal and economic benefits of the terms and conditions of these Terms of Use that are found to be invalid or any part of the terms and conditions of these Terms of Use that is found to be invalid, the Company and Members shall work towards an agreement to amend the invalid portions to contents that are valid.
19.1 A User may not assign, transfer, provide as collateral, or dispose of, his/ her status under the service agreement or rights and duties under these Terms of Use without the prior written consent of the Company.
19.2 If the Company intends to assign operation of the Services to a third party, the Company will provide the contractual statuses, rights and duties, registered information and the like to the assignee, and User shall consent to such assignment and provision in advance.
20.1 These Terms of Use shall be governed by the laws of Japan. Even if any purchase and sale of goods are carried out through the Services, it is agreed that the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
20.2 The Tokyo District Court shall be the exclusive court of first instance over any dispute that arises from, or that is related to, these Terms of Use.
End
2017/10/10