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JAPAN KAWAII TRIP COMOMOJAPAN KAWAII TRIP COMOMO

Terms of Use

Article 1 (Definitions)

The terms used in these Terms of Use shall have the following meanings:

  • The "Company" means Peach Aviation Limited.
  • "COMOMO" means the Company's website providing and sharing tourist information (www.comomo-japan.com).
  • The "Services" means any services provided through "COMOMO".
  • "User" means any customer using the Services.
  • "Member" means any User who has agreed to these Terms of Use and registered in accordance with prescribed procedures as a user of the services that the Company provides exclusively to Members.
  • "Posted Content" means any text, graphic, audio, video, program and any other information posted through the posting form made available by the Services.
Article 2 (Application and Amendment or Revision of these Terms of Use)
  1. These Terms of Use set forth the terms and conditions applicable to Users of the Services operated by the Company.
  2. The Company reserves the right to amend or revise these Terms of Use from time to time where necessary to do so. Any such amendment or revision will be reflected in the latest version of these Terms of Use posted on COMOMO.
  3. A User's use of the Services after the latest version of these Terms of Use is posted on COMOMO shall constitute the User's acceptance of these Terms of Use as so revised.
Article 3 (Membership Registration)
  1. The use of the Services that are exclusively for Members will require Membership Registration.
  2. Any person wishing to be a Member of the Services shall accept these Terms of Use and apply for Membership Registration in accordance with prescribed procedures. In connection with the application, the Company may require the applicant to submit supporting documents to confirm his/her identity or for other purposes.
  3. Members are deemed to have accepted to receive e-mails distributed by the Company that contain important information about the Services.
  4. The Membership Registration will be completed when the Company has received the applicant's registration information and created his/her ID account.
  5. If with respect to the application for Membership the Company determines that the Member has not provided true and correct information, the Company shall have the right to delete the Member's ID and refuse his/her use of the Services now and in the future.
  6. The Membership may not be transferred or lent. The rights and obligations under these Terms of Use shall not be assigned or transferred to or encumbered in favor of any third party whether in whole or in part.
Article 4 (Changes to Registration Information)

If there is any change in the information the Member has registered, the Member shall promptly notify the Company of the change in accordance with prescribed procedures. In the absence of such notification, the Company may consider that there is no change in the information previously registered.

Article 5 (Withdrawal from Membership)
  1. A Member may withdraw from Membership at any time by following prescribed procedures.
  2. Upon withdrawal from Membership, the Member shall perform backup and other data maintenance activities at its own responsibility and the Company will not be involved in and shall not be responsible for the preservation of the Member's data after his/her withdrawal.
  3. Upon withdrawal from Membership, all rights granted to the Member with respect to the Services, including posted data, shall immediately terminate and the Company may delete from its server any data registered by the User at the Company's own discretion.
Article 6 (Intellectual Property Rights and Other Rights in Posted Materials)
  1. Intellectual property rights in the materials posted by a Member using the Services shall remain vested in the author, copyright holder or other person holding legitimate rights with respect to the relevant material.
  2. With respect to any material posted by a Member using the Services, the Member shall grant the Company a non-exclusive, royalty-free right to reproduce, use, edit, modify, publish, reprint, transmit to the public, screen, display, provide, sell, transfer, rent, translate or adapt the material, as well as the original author's rights in derivative works (the rights under Articles 21 through 28 of the Copyright Act, including the right of commercial use). The rights granted by Users under this paragraph shall include the right to sublicense to third parties. Each Member shall undertake that he/she will not assert his/her moral right to any third party to which the Company has granted a sublicense.
  3. With respect to the materials posted by Members, each Member shall permit the Services and their Users to edit, distribute to metadata, or post on the Company's or its partners' websites, the materials for the purpose of improving the quality of or advertising or promoting the use of the Services.
  4. A Member warrants, with respect to all materials that he/she posts while using the Services, that he/she has all rights under the Copyright Act including the right to reproduce, publicly transmit, distribute, translate or adapt the materials.
  5. With respect to all materials posted through the Services, the Company reserves the right to examine, decide whether or not to accept the publication of, edit, reproduce, copy or delete the materials at its sole discretion.
Article 7 (Prohibition of Inappropriate Postings)
  1. In the course of using the Services, Members may not post any material if it is, or is likely to be, a material:

    • (1) that is offensive to public decency;
    • (2) that encourages, or infers the committing of, criminal conduct;
    • (3) that violates an intellectual property right (including but not limited to copyright, design right, patent right, utility model right, trademark right or know-how), asset, reputation, honor or privacy of another User or third party;
    • (4) that damages the reputation of a business person or entity and may cause credit uncertainty;
    • (5) that is in violation of guidelines, rules and regulations comparable to these Terms of Use;
    • (6) that slanders or defames, or causes disadvantage or discomfort to, other Users or third parties;
    • (7) that is aimed at advertising a third party's business or other profit-making purposes;
    • (8) that is aimed at promoting missionary activities for a specific religion;
    • (9) that is considered to be harmful to minors;
    • (10) that is considered to be an image or document constituting obscenity, child pornography or child abuse;
    • (11) that is used to send or write harmful programs or scripts;
    • (12) that may lead or contribute to seriously dangerous action;
    • (13) that should be reported to relevant authorities because it contains a problem such as a fraud or misstatement;
    • (14) that relates to a trouble or complaint of a personal nature;
    • (15) the contents of which are considered difficult to be confirmed;
    • (16) that contains information not consistent with the purposes of the Services;
    • (17) that interferes with the Company's operation or damages the Company's reputation;
    • (18) that is in violation of these Terms of Use; or
    • (19) that the Company considers to be inappropriate for any other reason, such as interference with the Company's services.
  2. The Company reserves the right to delete any material posted by a Member in whole or in part if the material is in violation of these Terms of Use or the Company otherwise determines that the material is inappropriate.
Article 8 (IDs and Passwords)
  1. Members shall be solely responsible for the management and use of IDs and passwords provided to them by the Company upon Membership Registration.
  2. Members are prohibited from permitting a third party to use, lending, transferring, selling or pledging their IDs or passwords.
  3. Members shall be solely responsible for and the Company shall have no liability with respect to any damage that occurs as a result of their inadequate management or erroneous use, or unauthorized use by a third party, of their IDs or passwords or the device through which the IDs or passwords are entered.
Article 9 (Revocation of Membership)
  1. The Company may revoke a Member's Membership and delete all data registered by the Member from the Company's server without any notice or demand if after application for Membership:

    • (1) the application is found to contain a false statement;
    • (2) the Member has used his/her ID or password in an improper manner;
    • (3) the Member has used the information provided by the Services (including information transmitted by the Member through the Services, information about merchandise on websites other than COMOMO, and information from websites linked to COMOMO) (collectively referred to as "Provided Information") in an improper manner;
    • (4) the Member has committed conduct that is in violation of these Terms of Use;
    • (5) the Member has interfered with the operation of the Services;
    • (6) the Member is an antisocial force or is associated with an antisocial force through the provision of funds or otherwise, or is determined by the Company to be a person who matches such description;
    • (7) the Member has had his/her Membership for the Services revoked in the past;
    • (8) the Member's activity has caused the Company to suffer any damage or disadvantage; or
    • (9) the Company otherwise considers it inappropriate to continue the provision of the Services to the Member.
  2. A Member shall be liable for any damage suffered by the Company or a third party as a result of such conduct of the Member as described in the preceding paragraph.
  3. The Company shall not be liable for any damage caused to Members as a result of revocation of their Membership by the Company.
Article 10 (Notices from the Company)
  1. All notices given by the Company to Members will be given in a manner considered by the Company to be appropriate, including by posting on the Services' website or by sending e-mails or documents to the e-mail addresses or postal addresses registered by the Members.
  2. If any notice under the preceding paragraph is posted on the Services' website, the notice shall be deemed to have been delivered to Users on the day on which the notice is posted on the website.
  3. If any notice under paragraph 1 is given through e-mail, the notice shall be deemed to have been delivered to Users at the e-mail addresses registered with the Company at the time when such notice would have been delivered to the recipient in the ordinary course of e-mail transmission.
  4. The Company shall not be liable for any damage suffered by Members as a result of a notice from the Company having not been delivered to Members if the non-delivery is caused by the fact that the Members' information registered with the Company contains a false, erroneous or incomplete statement.
Article 11 (Handling of Personal Information)

The Company will handle Users' personal information in accordance with the Company's Privacy Policy.

Article 12 (Changes to or Suspension or Discontinuation of the Services)
  1. For the purpose of maintenance or improvement of the Services, the Company reserves the right to change the content of the Services without prior notice to Users.
  2. Except in urgent circumstances, the Company may suspend or discontinue the provision of the Services by providing notice within a certain period of time in advance.
  3. Notification of the changes, suspension or discontinuation under the preceding two paragraphs will be made in a manner that the Company considers reasonable.
  4. The Company shall not be liable for any damage or disadvantage suffered by Users as a result of changes, suspension or discontinuation of the Services.
Article 13 (Temporary Suspension of the Services)
  • The Company may temporarily suspend the Services without any prior notice to Users if any of the following events occurs. The Company shall not be liable for any damage suffered by Users or thid parties due to delay or suspension of the Services caused by such an event.

    • Where the provision of the Services is prevented due to a natural disaster or other disastrous event; 
    • Where relevant systems (including telecommunications lines, power supplies and buildings and structures to accommodate them) need to be maintained, inspected, repaired or amended on a regular or urgent basis;
    • Where the provision of the Services is prevented due to fire, power failure, natural disaster or other force majeure event;
    • Where a statutory regulation or judicial order affecting the provision of Services is introduced or issued; or
    • Where the Company needs to suspend the provision of the Services temporarily due to operational or technical reasons.
Article 14 (Damages)
  1. The Company shall not be liable for any damage suffered by Users as a result of using the Services.
  2. The Company shall not be liable for any damage suffered by Users as a result of deletion of Members' registration or posted information, suspension or revocation of Membership, or suspension, interruption or termination of the Services to the extent that such action is taken by the Company in accordance with these Terms of Use.
  3. In the event that the use of the Services by a User has caused any damage to another User or third party or that in connection with the use of the Services by a User a claim has been brought by or a dispute has arisen with another User or third party, such problem, claim or dispute shall be settled at the User's own responsibility and expense and the User shall indemnify, defend and hold the Company harmless from any damage resulting from such use of the Services.
  4. The Company shall be entitled to compensation from any User for any damage caused to it as a result of a breach of these Terms of Use by the User or of the User's dishonest or unlawful conduct.
Article 15 (No Warranty and Disclaimer of Liability)
  1. The Company makes no warranty with respect to Provided Information and disclaims all representations and warranties, express or implied, as to the accuracy, legality, business feasibility or completeness of Provided Information.
  2. Provided Information is not intended to promote specific products of the Company or recommend applying for services provided by third parties. Users shall be solely responsible for their own activities such as the purchasing of products.
  3. The Company shall not be liable for any damage suffered by Users or third parties as a result of the Users' use of Provided Information.
  4. As part of the Services, the Company may provide Members with a function that enables Members' information to be shared with other social networking services (hereinafter referred to as "external SNS services".) (such function being hereinafter referred to as the "function for collaboration with external SNSs".) However, this function for collaboration with external SNSs does not guarantee a successful and continuous collaboration with external SNS services and the Company shall not be responsible for any failure to provide a reliable collaboration between the Services and external SNS services.
  5. Members shall use the function for collaboration with external SNSs at their own responsibility and in compliance with the terms of use established for the relevant external SNS services. The Company shall not be responsible for any dispute arising between a Members and an operator of an external SNS service.
  6. If in connection with the Services any dispute arises between Users or between a User and a third party or a User suffers any damage, the Company has nothing to do with and shall have no responsibility for any such dispute or damage.
Article 16 (Governing Law and Jurisdiction)
  1. These Terms of Use and the Services provided hereunder shall be governed by the laws of Japan.
  2. Any dispute arising in connection with the Services shall be subject to the exclusive jurisdiction of the Osaka District Court as the court of first instance.

Effective date of these Terms of Use: September 22, 2017