FUN! JAPAN TERMS OF SERVICE and USE [Last Updated on November 12th 2018]
Welcome to FUN! JAPAN!
Please Read Terms of Service and USE before you use this website (www.fun-Japan.jp). This [Terms of Service and USE] is legally binding between Fun-Japan Communications Co., Ltd. (“Fun-Japan”, “We”, “Us” Or “Our”) and you (as the user to this website). Using this website means that you have read, understood and accept all of the terms and conditions stated herein. If you do not agree to the terms stated here in (including any referenced policies or guidelines), please immediately terminate your use of this Website. If you would like to print this agreement, please click the print button on your browser toolbar. If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
We reserve the right to make changes, edit, or update to these Terms of Service and Use and at any time without any prior notice. Usage of our website following such changes means that you agree to be bound by these terms. Therefore, we
encourage you to review these terms anytime you visit this website or use any of our services.
1. Overview
A. “FUN! JAPAN” collectively means a project (“FUN! JAPAN Project”) that offers products and services through various means, including this website (including, but not limited to the web domain Fun-Japan.jp/jp – referred to as “Site” or “website” – which may later be revised or changed for any reason).
B. The governing body of FUN! JAPAN website is, the FUN! JAPAN Team, individual members of company or collectively, as implied by the context that makes up the FUN! JAPAN Team.
C. Our services and platform are devised to introduce Japanese products and services to consumers across Asia. We offer our services for our customers/readers/users according to the following Terms (“Terms of Service and Use”).
2. Services
A. Use of Our Services. You agree to abide and adhere any of our guidelines or policies related to the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.
B. Rewards and Campaigns. FUN! JAPAN Point (“FP”) can only be used for the specific uses designated by Fun-Japan, such as to apply for campaigns on the Site and to access articles that are exclusive for members of the Site.
C. FP can be earned by: registering as a member of the Site; logging into the Site; entering a fortune lottery; answering questionnaires; participating in campaigns; and other methods designated by Fun-Japan.
D. FP is not available for purchase. Unless otherwise designated, FP is valid for one year from the account holder’s last login date. When an account is terminated, FP earned through such terminated account will become invalid. All FP will become invalid if the Site is closed or if Fun-Japan Project is terminated. FP cannot be transferred to other point programs. FP cannot be exchanged for cash or other kinds of points under any circumstances. FP is granted to specific accounts and can only be used for the specific account and cannot be transferred to other accounts.
E.Product Descriptions. While we endeavor to provide an accurate description of the Products, we do not warrant that such product descriptions or other contents on its site are accurate, complete, reliable, up-to-date, or free of
errors. This provision applies only to products introduced by Fun-Japan.
3. Account
A. Your Account. There are certain portion in our website that requires for you to sign up for an account. You agree that the information you provide about yourself is true, complete, accurate and doesn’t contain any false or misleading information. You must keep your account information, including a valid email address, accurate and up to date at all times. Any violation to these terms may result to the termination of your account.
B. Account Responsiblity. Your password is confidential; thus, you are solely responsible in keeping it secure. You are held accountable for any damage or loss of privacy resulting from your failure to maintain the password secure. We are not liable for any unauthorized use of your account or when is such used by other person without your consent or breach of security. You also agree not to provide by any means your username, password or any confidential information to any other party.
C. Account Changes. If there is a change in the registration, including the email address, you are responsible for notifying us of such changes. If a customer fails to provide or update registration matters and is therefore unable to receive services or experience losses, FUN! JAPAN will not be held responsible for such losses.
D. Unauthorized Use. Please notify us immediately if you suspect or become aware that your account has been used without your authorization. We at FUN! JAPAN reserve the right to remove any and/or all of your submissions, suspend, and/or terminate your account with or without prior notice. Regardless of whether intentional or negligent infringement, costs, losses and damages arising in connection with termination as a result of password theft, loss, or unauthorized use (such as, but not limited to: investigation costs, preventive measures costs, attorney fees, claim correspondence costs) shall not be charged to FUN! JAPAN. We reserve the right to revise or delete contents, stop or change promotions or campaigns, deny service, suspend accounts without notice.
E. Eligibility. Our services are available to person who are 18 years old or older or are able to form legally binding agreement under applicable law. Therefore, by using our website or any of your services means that represent and warrant that you are of legal age and the information you submit is true and accurate. For minors, we will require you to submit a consent from your legal guardian or parent.
F. Termination and Access Restriction. The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.
4. FUN! JAPAN SOFTWARE REQUIREMENTS
A.We recommend that you use the latest version of one of the following browsers when using FUN! JAPAN(As of February 2018)
- Google Chrome
- FireFox
- Internet Explorer
- Safari
B. We require that your Internet Browser is up to date. We disclaim any responsibility in the event that your user experience fails your user satisfaction for failure to meet our software requirements.
5. Using the Services, User Conduct and Obligations
1. User Conduct. You agree to abide to these conducts at all times:
a. obtain or attempt to obtain unauthorized access to the Services or to FUN! JAPAN servers, systems, network, or data;
b. It is strictly forbidden to publish false or distorted content; infringed copyrighted content; content constituting defamation; content revealing the identity of other people without their consent; content that would constitute or encourage a criminal offense; as well as content that could be misleading.
c. You agree not to post, publish or offer any information which may be humiliating, threatening, insulting, racism, discrimination of race, color, sex, religion or ethnic group.
d. make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
e. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.
2.Use of Website. [FUN-JAPAN] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
3. Activity on Website. If you initiate a discussion on this site, or sends communications through this website (such as posting forum, reply, or any other message), you are accountable for your actions. You agree not to post any title, messages, or phrases that are deceptive or illegal, or in a way that infringe the intellectual property right of others. For any violation, we might change or delete any type of summary or key words that we think about unacceptable or illegal, or otherwise most likely to violate our policies. Please do inform us immediately if you see any unapproved, unacceptable or violations to our terms for your own safety and for the safety of others. You also agree to hold us harmless from any damages as a result of your actions by using our services. You also assume all responsibility and liability in case of any legal actions that may arise as a result of your own doing.
4. User Content. As a user of Fun-Japan, you may submit comments, photographs, or other contents, or transmit proposals, ideas, comments, questions, or other information (“User Content”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties, or objectionable, or does not consist of or include software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam. You may not use a false email address, impersonate any person or entity, or act in any way so as to mislead others on the origin of any content.
5. User Content License. Unless the site explicitly states otherwise, when you submit a content or transmit a material, you grant Fun-Japan a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content globally in any media. You are granting FUN! JAPAN and its sub-licensees the right to use the name(s) you have transmitted in connection with such content, if they choose. You will not exercise your moral right of an author against FUN! JAPAN or any of its sub-licensees. You represent and warrant to FUN! JAPAN that you own or otherwise control all of the rights to the content you post; that the content is accurate; that the use of the content you supply does not violate these Terms of Use and will not cause injury to any third person or entity; and that you will compensate FUN! JAPAN for all claims arising from the content you supply. FUN! JAPAN does not guarantee that it will accurately record or save any information or materials submitted or posted by you, and FUN! JAPAN assumes no liability or responsibility for lost, alteration or leaking of such information or materials. FUN! JAPAN reserves the right, but not the obligation, to monitor, edit, or delete any act or content. FUN! JAPAN takes no responsibility or assumes no liability for any content posted by you or any third party.
6. User Obligation. You are hereby informed that we do not evaluate, assess, test or provide research about the various contents on this website, specifically the third party and user content, and therefore, we are not responsible or cannot be held accountable for the outcome and impact of such usage of materials.
7. Accuracy of User Content. By using our website, we do not warrant, guarantee or suggest that the materials uploaded herein are accurate, precise, valuable or not harmful. As a user of this Site, you are responsible for taking
safety measures needed to safeguard on your own account and also your computer systems from viruses, worms, Trojans, malware or other hazardous content. This Site might include materials or contents that may be of typographical mistakes,
technical imprecision and other errors.
6.License and Intellectual Property
A.License Grant. Fun-Japan hereby grants you a limited, non-transferable, non-exclusive, revocable license to access and use the website from one device in accordance with the Terms.You shall not use the website for unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere in the website.
All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and herein-before the "Content"). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree and adhere to all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
B.License Restriction. FUN! JAPAN or its licensors, suppliers, publishers, right holders, or other content holders reserve all rights that are not explicitly granted by these Terms of Use or other terms. You may not duplicate, photocopy, copy, sell, resell, access, or otherwise use FUN! JAPAN or any part thereof for commercial use without an explicit written consent from FUN! JAPAN. You may not frame or use frame technology to incorporate any logo or any other information of value owned by FUN! JAPAN (including images, characters, page layout, and forms) without an explicit written consent. You are prohibited from misusing FUN! JAPAN, and may only use FUN! JAPAN according to applicable laws. This license prohibits commercial use of FUN! JAPAN or its content; collection or use of product lists, descriptions, or prices; secondary use of FUN! JAPAN or its content; download or copy of account information for other companies; or use of data collection or extraction tools such as data mining or robot.This license granted by FUN! JAPAN will be canceled or terminated at the discretion of FUN! JAPAN without notice, if you use FUN! JAPAN in violation of these Terms of Use or any other applicable conditions.
C. Copyright. You hereby agree that this Terms of Use does not grant you any type of copyright license, right, title, or interest in the intellectual property rights of FUN! JAPAN. All contents provided by FUN! JAPAN (e.g., characters, graphics, logos, button icons, images, audio clips, movies, digitally downloaded materials, and edited data) are the property of either FUN! JAPAN or content provider and are protected by Japan’s copyright law and international laws concerning copyrights. All compilations of contents provided via FUN! JAPAN are the exclusive property of FUN! JAPAN and are protected by Japan's copyright law and international laws concerning copyrights. You may not reprint or reproduce information, images, etc., that are provided via FUN! JAPAN without our permission.
D. Infringement. FUN! JAPAN respects the intellectual property rights of others. If you believe that your copyrighted work has been photocopied or used at the Site by a method that constitutes infringement of copyrights or intellectual property rights, notify us according to the notification procedure for infringement of intellectual property rights designated by FUN! JAPAN.
E.User generated Content : By posting, uploading, inputting comments, reviews, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company's business including,
but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content. No compensation shall be paid with regard
to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time. By posting, uploading, inputting, providing or submitting your Content you warrant
and represent that you own all of the rights to your Content.
7.Disclaimer and Limitation of Liability
A.Disclaimer. Unless otherwise specified in writing, all information, contents, materials, products (incorporating software), and other services that you can use on its site are provided by FUN! JAPAN on an “as is” and “as available” basis. Unless otherwise specified in writing, FUN! JAPAN does not make any type of representation or warranty, either expressed or implied, concerning the operation of Fun-Japan, its site, or information, content, material, or product posted on FUN! JAPAN. You are deemed to explicitly consent to use this site and FUN! JAPAN at your own risk. In particular, you explicitly agree to waive FUN! JAPAN of responsibility pertaining to any losses resulting from claims, disputes, or damages occurred as a result of server suspension or loss of stored data.
B. Purchase Decisions. FUN! JAPAN is not intended to be a platform that makes recommendations on the purchases, sale, or holding of products or services that are available to customers on its Site. Because the information in advertisements may change, we ask our customers to make product purchase decisions based on your own judgment, without solely relying on the information as posted by FUN! JAPAN. FUN! JAPAN does not assume responsibility, will not act as a consultant, and will not become a party to any contract negotiations between the customer, regardless of whether the interaction takes place via the Site.
C. Communication Disclaimer. FUN! JAPAN will not intervene in any discussions or interactions between customers, even if such engagement is a result of utilizing FUN! JAPAN and/or the Site. Any tasks, troubleshooting, legal obligations or communications that result from engagements between customers are the sole responsibilities of such customers. Fun-Japan does not assume responsibility for any damages caused by or arising from information published from engagements resulting from using our Site and/or FUN! JAPAN.
D. Warranty Disclaimer. FUN! JAPAN will not offer any warranty (including but not limited to, that it has merchant-ability or fitness of purpose), to the extent possible permitted under the applicable law, for products or services that can be obtained, whether implicit or explicit. FUN! JAPAN does not guarantee that the information, contents, materials, products (including software), services, server or email communications are not infected with harmful elements or viruses. FUN! JAPAN does not assume responsibility including, but not limited to, direct and indirect, punitive, or consequential damages of any kind, resulting in the use and access of FUN! JAPAN.
E. Limitation of Liability. Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, or any of our agents, vendors or suppliers be liable to you or any other user for any direct or indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use this Site or for any breach of security associated with the transmission of sensitive information through this Site or for any information obtained through Site, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the operators has been advised of or should have known of the possibility of such damages.
F.Hold Harmless, Indemnification. You hereby agree to hold harmless and indemnify FUN! JAPAN from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or
expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
8.Privacy and Communications
A. Privacy. Using this website also means that you agree to be bound by our privacy policy (fun-japan.jp/jp/guide/privacy-policies). Please read them carefully and make sure you understand them.
B. Electronic Communications. When you use FUN! JAPAN or send email to FUN! JAPAN, you are engaging in electronic communication with FUN! JAPAN. You hereby agree to receive communications from FUN! JAPAN as a part of a notification regarding its operation, publication or function by sending you an email to your registered address, placing a notice on the Site, or using other appropriate means through the Site. You are deemed to agree that electronic communications from Fun-Japan, including all agreements, notices, and information disclosure, satisfy the legal requirements for communications in writing.
C. Third Party Submission. Fun-Japan assumes no liability or obligation for any third-party business or individual or any action, product, or content from a third party. We recommend that you carefully read policies on privacy and
terms of use of such companies.
9.Laws and Jurisdiction.
A.Applicable Law. By using FUN! JAPAN, you are agreeing to submit to the laws of Japan, without regard to conflicts of laws principles, for any type of dispute that may arise in connection with these terms of service and between you and Fun-Japan or its related companies.
B.Disputes. In addition to the court of general jurisdiction permitted under the applicable law, Tokyo District Court shall be designated as the additional agreement jurisdictional court for all disputes associated with access to FUN! JAPAN. For business customers, however, Tokyo District Court shall be the exclusive agreement jurisdictional court.
C.Site Operational Policies, Revision, Separability. Carefully read the operational policies of the site, including those on prices posted on the site. These policies also restrict your use of FUN! JAPAN. FUN! JAPAN reserves the right to revise this site, policies, or terms of service at any time. If any provision of these terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these terms and will not affect the validity and enforce-ability of any remaining provisions.
D.Governing Body. This Site is managed and operated by a team of which is forming FUN! JAPAN. With regard to the rights, privileges and disclaimers provided to FUN! JAPAN under these Terms of Use, any of the volunteers forming
FUN! JAPAN or companies supporting Fun-Japan or officers or employees of such companies may exercise or insist such rights, privileges and disclaimers.
10.Complaints, Grievance
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint or should you you have any Grievance regarding this Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention.