Terms of Service of TOJINBO CRUISE application

Terms of service described here (hereinafter referred to as “TOS” [terms of service]) stipulate terms of use of the application (hereinafter referred to as “APP”) provided by Tojinbo Cliffs Sightseeing Boats Co., Ltd. (hereinafter referred to as “Company”).

In the case where the users use “APP”, they shall be deemed to have consented “TOS”.Those unable to agree to the contents of “TOS” shall not be allowed to use “APP”. In that case, they shall stop using "APP” immediately.

Article 1 ― Authorization of right

“Company” shall authorize the users to exercise non-assignable use rights for downloading and using “APP” for portable terminal equipment (hereinafter referred to as “Portable Terminal”) compatible with “APP” under the conditions stipulated in “TOS”. However, “Company” shall not guarantee that “APP” is compatible with any “Portable Terminal”.

“TOS” shall be subject to alteration based upon the decision of “Company”. In the event of alteration of “TOS”, “Company” shall not notify the users that said alteration has been made or shall not notify them of any of the contents of said alteration individually, including any other relevant information. The latest version of “TOS” shall be constantly applied to all the users even if they do not recognize the altered portion of “TOS”.

Article 2 ― Scope of the right of use

The users shall not be able to reproduce any program regarding “APP” nor disclose it to the third party, irrespective of its object code and source code.The users shall not be able to use “APP” for such purposes as marketing, distribution, development, etc. other than its intended purpose.The users shall use “APP” only in its initial state provided by “Company”.

“APP” has been protected by Unfair Competition Prevention Act enforced in Japan and relevant nations. The users, therefore, shall not attempt or commit such acts as reverse engineering, reverse compile, and reverse assemble of either the whole part or any portion of “APP” nor extract source code of “APP” by any other means. The users shall not, in any manner, tamper, modify nor translate “APP” so it can be machine-readable.

Article 3 ― Use environment

Any software program, “Portable Terminal”, telecommunication device, communication means, etc. required to use “APP” shall be provided at the expense of the users and at their own risk.In the case where it is impossible to communicate on a real time basis depending on communication state, the users shall acknowledge that there are cases where the functions of “APP” can be restricted.

Article 4 ― Intellectual property right

“APP” has been protected by Copyright Act and/or treaties regarding copyright as well as other laws and treaties on intellectual property right. Based upon “TOS”, the users shall be granted only non-exclusive and non-assignable use rights regarding “TOS”. The users, therefore, shall not acquire any right of property, copyright nor any other relevant right related to “APP” and its reproductions.

The users shall understand and agree that any intellectual property right, including copyright regarding “APP” or its reproductions (including programs, images, documents, etc.) shall belong to “Company” or licensors of “Company” (hereinafter referred to as “Original Rights Holders”).

Article 5 ― Alteration, cancellation, etc. of the contents of “APP”

“Company” shall be able to alter, add, and improve at any time the entire contents of “APP” or a part of it without prior consent of the users.The users shall acknowledge that there are cases where “Company” terminates provision and update of “APP” for the users without advance notice.

Article 6 ― Disclaimers

The contents, functions, and performance of “APP” shall be limited to the range which “Company” can reasonably provide with the users at the moment when the users finish downloading “APP”.

“Company” shall provide the users with “APP” as it is in its present state and shall not give them any assurance that, in any usage environment of the users, “APP” works accurately and that all of its functions are fulfilled correctly. Furthermore, “Company” shall not give the users any assurance about “APP” being useful for their specific purposes and its having commercial usability. Including these, “Company” shall not give the users any other assurance regarding “APP”.

“Company” shall not, except for intentional acts or acts of gross negligence by “Company”, assume any responsibility for any damage the users may suffer arising from the users’ having used “APP” or from the users’ being unable to use “APP”, irrespective of whether said damage is foreseeable or not.

In the cases described below, “Company” shall not grant the users any assurance regarding “APP” or regarding the service pertaining to it.

1. No defects nor problems arise regarding “APP” by performing a version-up of OS or upgrading application.
2. “APP” functions correctly and meets the quality standard sufficiently
3. No failures, malfunctions, and breakdowns arising from using “APP” occur in the devices of the users or others using “APP”.
4. The users can use “APP” permanently.
5. No interruptions or errors occur while “APP” is being used.

“Company” shall not provide individual users with support with respect to individual inquiries on “APP” and the ways of using “APP”.

Article 7 ― Prohibited acts

The users shall not commit acts described below in using “APP”.

1.  Acts that violate, or are likely to violate, the laws and regulations or any act similar to those acts.
2. Using “APP” in a way or manner that hinders the third party’s communication or any act likely to lead to the aforementioned act.
3. Such acts as unauthorized access to or cracking and attack on the computers,telecommunication equipment, etc. operated by “Company” or by the third party or any act similar to those described above.

Article 8 ― Term of validity

“TOS” shall become effective at the moment when the users agree to the contents of the articles of “TOS” and, thereby, the contract on the use of “APP” is deemed to have been concluded.

Article 9 ― Suspension of use & lapse of right

The users shall be able to suspend the use of “APP” at any time by uninstalling, renouncing, or deleting “APP”.

Article 10 ― Alteration of terms of service

“Company” shall be able to alter “TOS” at any time without prior consent of the users. In the case where alteration of “TOS” is made, all the items regarding “APP” shall be subject to “TOS” after alteration.

Article 11 ― Force Majeure

In the case where non-performance or delay in performance of obligations based upon “TOS” cannot be controlled by “Company” and said situation occurs under such circumstances that cannot be avoided by any reasonable attention of “Company” (hereinafter referred to as “Force majeure”), “Company” shall not assume any responsibility for said non-performance or delay in performance and, therefore, said non-performance or delay in performance shall not be deemed as violation of “TOS”.

Said “Force majeure” shall include acts of god, actions by any government or any agency, observance of laws and regulations or orders, fires, storms, floods, earthquakes, tsunami disasters, lightening damages, typhoons, epidemics, war (irrespective of declaration of war), a state of war, hostile activities, terrorism, revolts, revolutions, riots, explosions, marine disasters, strikes, factory closures, other labor disputes, and lack and/or regulation of energy supply or raw materials.

Article 12 ― Applicable law

Irrespective of regulations on application method of the law, “TOS” shall conform to Japanese law and be construed based upon it.

Article 13 ― Court of competent jurisdiction

As for any dispute that arises between “Company” and the users regarding “TOS”, the Fukui District Court shall be the Exclusive First Instance Court and said dispute shall be reconciled at the Fukui District Court.