1.1. These Terms are intended to designate the set of rights and obligations that exists between the Company and Registered Users (defined in Article 2) in relation to the use of the Service (defined in Article 2) and shall apply to all relationships that exist between Registered Users and the Company and are related to the use of this Service.
1.2. Any and all rules or miscellaneous stipulations posted as needed at any time by the Company on the Company Website (defined in Article 2) shall be deemed to be a part of these Terms.
The following terminology used in these Terms shall be interpreted as defined below.
(1) "Intellectual Property" shall refer to copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property (including rights to acquire or to apply for registration etc. for such rights).
(2) The "Company Website" shall refer to the website operated by the Company at the domain "stay-list.com" (and, in the event that a change is made for any reason to the domain and/or content of the Company Website, shall refer to the website after such change).
(3) "Applicants" shall refer to "Applicants" as defined in Article 3.
(4) "Registration Information" shall refer to "Registration Information" as defined in Article 3.
(5) "Registered Users" shall refer to individuals and/or corporations registered as users of the Service in accordance with Article 3.
(6) "The Service" shall refer to the "StayList" consolidated vacation rental search service provided by the Company (and, in the event that a change is made for any reason to the name and/or content of the Service, shall refer to the service after such change).
(7) A "Usage Agreement" shall refer to a "Usage Agreement" as defined in Article 3, Paragraph 3.
3.1. Individuals or entities who wish to use the Service (hereinafter, "Applicants") shall be able to apply to the Company for registration to use the Service by agreeing to uphold these Terms and submitting to the Company a designated set of information determined by the Company (hereinafter, "Registration Information") in a manner designated by the Company.
3.2. In the event that an Applicant who has applied for registration in accordance with Paragraph 1 falls under any of the below designations, the Company may refuse to provide registration.
(1) The Registration Information that the Applicant provides to the Company is found, in part or in whole, to contain false information, inaccurate information, or omissions
(2) The Applicant is a minor, adult ward, person under conservatorship, or a person subject to limited guardianship who has not obtained consent from a legal representative, guardian, conservator, or limited guardian
(3) The Company determines that the Applicant is a criminal organization (meaning gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in organized crime in any manner, such as cooperating or engaging in the maintenance, operation, or management of organized crime through funding or any other method
(4) The Company otherwise determines that registration would be inappropriate
3.3. The Company shall determine, in accordance with the above paragraph and company policy, whether or not registration is permissible for the Applicant and, if the Company decides to allow registration, it shall notify the Applicant of this decision. With such notification, registration of the Applicant as a Registered User shall be completed and a contract relating to the use of the Service in accordance with these Terms (hereinafter, a "Usage Agreement" shall come into existence between the Registered User and the Company.
3.4. In the event that there is any change in the Registration Information of a Registered User, the Registered User shall promptly notify the Company of the changed information and submit the materials required by the Company via a method designated by the Company.
4. Usage of the Service
Registered Users may use the Service during the period of validity of the Usage Agreement, in accordance with these Terms and in the manner prescribed by the Company.
5. Fees and Methods of Payment
Registered Users may use the Service free of charge.
6. Management of Registration Information
6.1. Registered Users shall be responsible for the management and storage of their own Registration Information and may not allow it to be used by any third party or lend, transfer, give ownership of or sell it to any third party.
6.2. Registered users shall be responsible for any damage that may occur from the mismanagement, misuse or usage of Registration Information by a third party, and no such responsibility shall be borne by the Company.
6.3. In the event that it is determined that the Registration Information of a Registered User has been stolen or is being used by a third party, the Registered User shall promptly notify the Company and follow the related instructions given by the Company.
7. Prohibited Actions
7.1. Registered Users may not perform any of the actions below in the use of the Service.
(1) Any action that harms or infringes upon the intellectual property rights, likeness usage rights, privacy rights, reputation or other rights of the Company or another user of the Service (regardless of whether such damage is caused directly or indirectly)
(2) Any action that is linked to criminal activity or that opposes societal norms
(3) Any action involved with the sending of data including a computer virus or other harmful computer program
(4) Any action that may interfere with the operation of the Service by the Company
(5) Any other action deemed inappropriate by the Company
7.2. In the event that the Company determines that a Registered User has performed an action in connection with the Service involving the sending of data that falls or may fall under any of the categories designated in the preceding paragraph, the Company may delete all or part of the related data without submitting prior notification to Registered Users. The Company shall bear no responsibility for any damage that may occur to Registered Users in connection with measures taken by the Company in accordance with the stipulations of this paragraph.
8. Stoppage Etc. of the Service
8.1. In any of the following situations, the Company may stop or suspend availability of all or part of the Service without submitting prior notification to Registered Users.
(1) Regular or emergency inspection or maintenance is to be performed on computer systems related to the Service
(2) Computers or communication infrastructure is disabled due to unforeseen circumstances
(3) The Service can no longer be operated due to a fire, power outage natural disaster or other force majeure
(4) The Company has otherwise determined that it is necessary to stop or suspend availability of the Service
8.2. The Company may, at its own discretion, choose to terminate the offering of the Service. In such a case, the Company shall submit prior notification to Registered Users.
8.3. The Company shall bear no responsibility for any damage that may occur to Registered Users in connection with measures taken by the Company in accordance with the stipulations of this article.
9. Responsibility for Equipment Etc.
9.1. Responsibility for the preparation and maintenance of any computers, software, other devices, communication infrastructure and the data transmission environment required to use the Service, as well as expenses related thereto, shall be borne by Registered Users.
9.2. Registered Users shall be responsible for taking appropriate security measures related to the environment in which they use the Service, such as computer virus protection and prevention of unauthorized access and data theft.
9.3. When installing software etc. on the computer or other device of a Registered User via download from the Company Website or other method, either at the beginning of or during the course of a Registered User's usage of the Service, Registered Users shall take all appropriate measures to prevent any damage, loss or alteration to their data and devices, and the Company shall bear no responsibility for related damage of any kind incurred by Registered Users.
10.1. All ownership rights and Intellectual Property Rights related to the Company Website and the Service shall be attributed to the Company and/or its licensees, and permission to use the Service based on registration in accordance with these Terms shall not constitute permission to use any Intellectual Property Rights of the Company and/or its licensees relating to the Company Website or the Service.
10.2. The Company may freely use any text, image, video or other data (including the creation and use of copies, reproductions and edited versions, sharing with third parties and all other forms of usage) uploaded by Registered Users posted or otherwise sent to the Company Website or the Service without providing compensation to Registered Users.
11. Cancellation of Subscription
11.1. In the event that a Registered User meets any of the following criteria, the Company may temporarily suspend availability of the Service to the user or revoke their status as a Registered User without prior notice.
(1) The user has violated any of the stipulations in these Terms
(2) It is determined that the user's Registration Information contains inaccurate data
(3) The user has not used the Service for a period of six months or more and has not replied to communication attempts from the Company
(4) Any of the criteria in Article 3, Section 2 becomes applicable
(5) The Company otherwise determines that it is inappropriate to continue the user's status as a Registered User
11.2. Either the Company or a Registered User may cancel the user's status as a Registered User by submitting notification to the other party at least 14 days in advance using the method designated by the Company.
11.3. The Company shall bear no responsibility for any damage incurred by Registered Users due to actions taken by the Company in accordance with the stipulations of this article.
12. Disclaimers of Warranty and Liability
12.1. The Company makes no guarantee of any kind regarding the information offered through the Service. The Service is offered as-is and the Company makes no guarantee of any kind regarding the suitability of the Service for any particular purpose or the commercial applicability, completeness or continuity of the Service.
12.2. Even in the event that Registered Users receive information of any kind, directly or indirectly, from the Company relating to the Service, the Company website, other Registered Users of the Service or any other items, such information shall not be construed as a guarantee of any kind to Registered Users on the part of the Company beyond the stipulations in these Terms.
12.3. Registered Users shall bear responsibility for determining whether their usage of the Service violates any laws, regulations or internal policies etc. applicable to them, and for any costs associated with making such determinations, and the Company makes no guarantee of any kind regarding the permissibility of the use of the Service by Registered Users in accordance with any applicable laws, regulations or internal policies etc.
12.4. Responsibility for handling and resolving any transactions, contact, disputes etc. between Registered Users or between Registered Users and third parties related to the Service or the Company Website shall be borne by the Registered Users, and the Company shall bear no responsibility of any kind for any such item.
12.5. The Company shall bear no responsibility for the compensation of any damage incurred by Registered Users as a result of the Company's suspension, stoppage, termination of the Service or actions that revoke or alter the availability of the Service, the deletion or loss of the messages or data of Registered Users, the deletion of registration of Registered Users, data loss or device damage incurred as a result of the use of the Service or damage of any other kind incurred by Registered Users in relation to the Service.
12.6. Even in the event that links are provided from the Company Website to other websites and from other websites to the Company Website, the Company shall bear no responsibility of any kind for any reason relating to any data available from websites other than the Company Website.
12.7. The Company shall bear no responsibility for the compensation of any damage incurred by Registered Users in relation to the Service.
13. User Liability for Compensation Etc.
In the event that a Registered User causes damage to the Company by violating these Terms or through their use of the Service, the Registered User involved shall bear responsibility for the compensation of the damage to the Company.
14.1. In these Terms, "Confidential Information" shall refer to any and all information related to the technologies, management, business, accounting, organization or other items of the Company disclosed between Registered Users and the Company in written, verbal or data form. Notwithstanding the preceding stipulation, however, (1) items that were already public knowledge or already known at the time of provision or disclosure between the company and users, (2) items that were already public knowledge due to publication or other actions not attributable to the company at the time of provision or disclosure between the company and users, (3) items acquired legally and without an obligation of confidentiality from a third party with the right to provide or disclose them, (4) items independently developed without the use of Confidential Information and (5) items confirmed by the Company in writing to be exempt from the obligation for confidentiality shall not be treated as Confidential Information.
14.2. In addition to agreeing to use Confidential Information only for the purpose of using the Service, Registered Users shall not provide, disclose or leak Confidential Information of the Company to any third party without written permission from the Company.
14.3. Notwithstanding the stipulations of Paragraph 2, however, Registered Users may disclose Confidential Information in accordance with applicable laws and regulations or given an order or request to do so from a legal or governmental institution. However, in the event that such an order or request is issued, prompt notification thereof shall be issued to the Company.
14.4. In the event that they are requested to do so by the Company at any time, Registered Users shall promptly return or destroy Confidential Information as well as all written and/or recorded media containing Confidential Information and all copies thereof.
15. Period of Validity
16. Revisions to These Terms Etc.
16.1. The Company may freely change the content of the Service.
16.2. The Company may revise these Terms (including rules related to the Service posted on the Company Website, hereinafter the same for this paragraph). In the event that the Company makes a revision to these Terms, the Company shall notify Registered Users of the revision, and usage of the Service by Registered Users or failure to act to cancel registration within a period of time determined by the Company after such notification has been made shall constitute agreement on the part of Registered Users with the revision made.
Any contact or notifications from Registered Users to the Company regarding inquiries relating to the Service or other matters or from the Company to Registered Users regarding the revision of these Terms or other matters shall be made using the method designated by the Company.
18. Transfer Etc. of These Terms
Even if any provision of these Terms is determined to be invalid or unenforceable under consumer contract law or any other law or regulation, the remaining portion of these Terms, other than the provision that has been determined to be invalid or unenforceable, shall remain in full effect, and the Company and Registered Users shall take measures to ensure that the article or part thereof retains its intended objectives, legal effectiveness, and financial effectiveness by amending it as necessary to render it applicable and legal.
20. Continuation of Provisions
21. Governing Law and Court Jurisdiction
These Terms are governed by the Law of Japan, and the Tokyo District Court shall be the court of first instance having exclusive jurisdiction by agreement over any disputes arising from or in connection with these Terms.
22. Settlement of Issues
In the event that any dispute or question should arise regarding the interpretation of these Terms or any matters not covered herein, the Company and Registered Users shall mutually engage in good-faith deliberations to arrive at a timely resolution.
Enacted January 31st, 2019
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