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Membership Agreement
Article 1 (Purpose)
1. These terms of use apply to the “NIPPON PASS” (referred to as the“Service”) operated by ORIGRESS PARKS Co. (referred to as the“Company”), are applied to the users (referred to as the “Users”) of“NIPPON PASS” agrees to these terms of use before using the Service. 2. This Agreement sets forth the terms and conditions of use of theService. All users who register as users of the Service shall use the Service in accordance with these Terms of Use and in accordance with the conditions of their usage environment. 3. By agreeing to these terms of use, the User establishes thisAgreement (defined inArticle 2) with the Company.
Article 2 (Definition)
The following terms used in this Agreement shall have the meanings set forth in the following numbers. 1. ”Agreement”: The agreement for the use of the Service between theCompany and the User, which is based on these Terms of Use. 2. “User”: All registered users of the Service. 3. “User Information”: ID and password of a user registered for theService. 4. “Telecommunications device”: Smartphones, tablets, and computer devices.
Article 3 (User Registration)
1. To become a user of the Service, you must agree to the terms of use of this Agreement and register as a user according to the procedures specified by the Company. 2. The User shall be obligated to immediately change the RegistrationInformation in the event of any change in the information registered pursuant to the preceding paragraph. 3. We reserve the right to refuse user registration at our discretion.
Article 4 (Contents of this service)
This service provides users with “admission to selected facilities through a fixed fee”.
Article 5 (Fees and payment methods)
1.The fee for the use of the Service (referred to as the “Usage Charge”) shall be in accordance with the fee schedule determined by the Company. 2.The User may pay the usage fee only by the method determined by the Company. 3. The User shall pay the usage fee in accordance with the plan selected by the User on the same day the User registration is completed in accordance with Article 3. 4. The Company will not refund any usage fees paid by the user for any reason whatsoever.
Article 6 (Term of Contract)
1. The term of this Agreement shall be from the date of completion of user registration to the date of termination of service use, depending on the plan selected by the user.
Article 7 (Use of leisure facilities)
1. The User may use the leisure facilities prescribed by the Company in accordance with the terms of use set forth in the plan selected by the User. 2. When using a leisure facility, the User shall follow the rules and regulations stipulated by the leisure facility. 3. When entering a leisure facility, the User shall follow the admission procedures provided by the Service. 4. When we receive a complaint or inquiry from a leisure facility regarding a User, we may, at our discretion, conduct an investigation as deemed necessary. Depending on the results of such investigation, the Company may take necessary measures such as suspending the use of the Service by the User.
Article 8 (Booking)
1. In order to use the leisure facilities, the user must make a booking for use through the Service in advance. 2. Information on leisure facilities posted on this service is provided by the leisure facilities concerned and is subject to change at the discretion of the leisure facilities concerned. The Company does not guarantee the accuracy or currency of any of the leisure facility information posted on the Service. 3. Some leisure facilities have a limited number of usage times during a specific period of time. Users shall use the Service with prior consent to this. 4. A booking for the use of a leisure facility is considered to be completed when a notice indicating that the booking has been completed is displayed on the Service.
Article 9 (Booking changes and cancellations)
1. The User may cancel a booking for the use of a leisure facility before the start of the usage time pertaining to the usage booking (or if no usage time is specified,before the opening time of the park on the day of use). 2. In the event of an unapproved cancellation of a booking by a user, the Company shall treat the booking as if it had been used as booked. 3. If the User wishes to change a booking, the User shall do so in the prescribed manner through the Service.
Article 10 (Changes or cancellations of bookings made by the Company)
1. We reserve the right to change or cancel a booking made by a User in the following cases. When the Company determines that the booking is a duplicate, or the user has violated, or is in breach of these terms of use, or it is difficult to use the relevant leisure facility due to unavoidable circumstances such as the suspension of business, or due to similar circumstances.
Article 11 (Management of user information and telecommunications equipment)
1. The User shall, at his/her own expense and responsibility, provide all necessary equipment, communication means, transportation, and other environment necessary to receive the Service. The User shall bear all communication costs required to use the Service. 2. The User may not lend, transfer, sell, or pledge User Information to any third party. 3. The User shall be responsible for the management of User information and telecommunication equipment. The user shall be responsible for any damages caused by insufficient management of user information and communication devices, errors in use, or use by a third party, and we shall not be liable for any such damages. 4. If there is a possibility that User information or telecommunication equipment may be used by a third party, User shall immediately notify the Company to that effect and comply with the Company’s instructions, if any.
Article 12 (Suspension of this service)
1. The Company may suspend or change the Service for maintenance or other reasons without notice. 2. In no event shall we be liable for any loss or damage incurred by the user as a result of the preceding paragraph.
Article 13 (Intellectual property rights)
1. In the event that a user makes a contribution to the Service, the user agrees to grant the Company the right to use said contribution for any purpose without charge and without limitation. In addition, the User shall not exercise any moral rights in the Contributions against the Company, any third party who has legitimately acquired the rights from the Company, or any person who has succeeded to the rights from such third party. 2. Users may not reproduce, reprint, publicly transmit, modify or otherwise use any information or content provided in the Service (collectively referred to as “Our Content”) in any manner or form beyond the scope of personal use as stipulated in the Copyright Act. 3. All copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights, as well as the right to obtain registration of these rights (collectively referred to as “Intellectual Property Rights”), related to the Company’s Content shall belong to the Company, its contracted member facilities, or business partners, and shall not belong to the User. 4. If a User violates the provisions of this Article and a problem arises, the User shall resolve the problem at his/her own expense and responsibility, and shall take appropriate measures to prevent any disadvantage, burden, or damage to the Company.
Article 14 (Prohibitions)
1. In using the Service, the Company prohibits the following acts by users. 1.1. Violation of these Terms of Use. 1.2. Canceling a booking without prior notice. 1.3. Any act that infringes or may infringe the intellectual property rights, patents, utility model rights, design rights, trademarks, copyrights, portrait rights, or other proprietary or personal rights of the Company, its contracted member facilities, business partners, or any third party. 1.4. Acts that cause or may cause disadvantage or damage to the Company or third parties. 1.5. Acts that unfairly injure or threaten to injure the honor, rights, or credit of others. 1.6. Violation of laws, ordinances, or regulations. 1.7. Acts that offend or may offend public order and morals, or acts that provide information to other Users or third parties that may offend public order and morals. 1.8. Criminal acts, acts that lead to or encourage criminal acts, or acts that may lead to or encourage criminal acts. 1.9. Providing information that is or may be untrue. 1.10. Unauthorized access to our system, falsification of program code or location information resulting from such access, intentional deception, cheating by using specifications or other applications of telecommunications equipment, distribution of computer viruses, or any other act that interferes with or may interfere with the normal operation of this service. 1.11. Use of macros, functions or tools that automate operations. 1.12. Acts that damage or may damage the credibility of this service. 1.13. Actions that may have a negative impact on the mind, body, and sound development of young people. 1.14. Using the Service by impersonating a third party through the use of another user’s account or by any other means. 1.15. Actions that lead or may lead to crimes such as fraud, illegal sales of savings accounts and cell phones, etc. 1.16. Acts related to the proceeds of crime, financing of terrorism, or suspected of being related to the financing of terrorism.. 1.17. Any other acts that the Company deems inappropriate. 2. If we determine that a user’s conduct falls under any of the items in Paragraph 1, we may take any or all of the following actions without prior notice. 2.1. Restrictions on the use of this service. 2.2. Withdrawal from membership by termination of this Agreement. 2.3. Other acts that the Company reasonably deems necessary.
Article 15 (Termination of Agreement)
1. We reserve the right to terminate this Agreement and cancel the membership without any notice, etc., if any of the following events occurs. 1.1. If the registration information contains false information. 1.2. If you have been expelled from the membership by the Company in the past. 1.3. When we are notified of the death of the User by the User’s heirs, etc., or when we are able to confirm the fact of the User’s death. 1.4. When a minor uses the Service without the consent of a legal representative. 1.5. When an adult ward, person under curatorship or under assistance who uses the Service has not obtained the consent of the adult guardian, curator or assistant, etc. 1.6. If User does not respond to our request in good faith. 1.7. Other cases in which the Company deems it inappropriate. 2. A user who withdraws from the membership pursuant to Paragraph 1 shall forfeit the benefit of the term at the time of withdrawal and shall immediately fulfill all obligations owed to the Company.
Article 16 (No warranty, disclaimer)
1. The Company makes no warranty as to the completeness, accuracy, or validity of the contents of the Service. In addition, the Company does not warrant that the Service will be uninterrupted, discontinued, or other obstacles. 2. In using the Service, users may be transferred from the Service to other services operated by third parties related to the Service (referred to as “External Services”). In such cases, the User agrees to use the External Service at his/her own responsibility and expense. The Company does not guarantee the completeness, accuracy, validity, etc. of the content of the External Service. 3. The Company will not be liable for any damages incurred by users due to their failure to change their registration information. 4. Users are requested to use the Service within the scope of the laws and regulations. The Company shall not be liable for any violation of Japanese or foreign laws and regulations by the User in connection with the use of the Service. 5. Even if user information is stolen due to unauthorized access or other unforeseen acts, we will not be liable for any damages incurred by the user as a result of such theft. 6. The Company shall not be liable for any failure of performance of this Agreement, in whole or in part, due to natural disasters, earthquakes, fires, strikes, trade stoppages, wars, civil unrest, epidemics of infectious diseases, or any other inevitability. 7. In the event that a user encounters a problem (whether within or outside the Service) with another user in connection with the use of the Service, the Company shall assume no responsibility whatsoever, and the user shall resolve the problem among themselves at their own expense and responsibility.
Article 17 (Damages liability)
1. In the event that the User causes damages to the Company in connection with a breach of these Terms of Use or use of the Service, the User shall indemnify the Company for any damages (including special damages, lost profits, indirect damages, and attorney’s fees) incurred by the Company. 2. Notwithstanding any other provision of these terms of use, except as provided in the following paragraph, in the event of any damage to the User caused by any cause attributable to the Company, the Company shall be liable for compensation for such damage only to the extent provided in the following items. 2.1. In the case of intentional or gross negligence by the Company: the full amount of such damage. 2.2. In the event of our negligence: ordinary damages (excluding special damages, lost profits, indirect damages and attorney’s fees) actually and directly incurred by the insured and up to 10,000 yen. 3. Notwithstanding the preceding paragraph, in the event that a user is a corporation or an individual uses the Service as a business or for business purposes, unless there is intentional or gross negligence on the part of the Company, the Company shall not be liable for any damages incurred by such user in connection with the Service. In the event that we compensate for damages, the upper limit of our liability shall be the cumulative total amount of usage fees paid by the user in question during the most recent one-year period from the date of occurrence of the damage.
Article 18 (Discontinuation of the Service)
1. The Company may discontinue providing this service if the Company reasonably determines that the provision of this service should be discontinued. 2. We shall not be liable for any damages incurred by the user as a result of the preceding paragraph.
Article 19 (Confidentiality)
1. The User and the Company shall strictly and properly manage the other party’s confidential information (including know-how concerning the Service, information concerning the Company’s systems, and any and all technical or business confidential information) obtained in connection with the provision of the Service shall be strictly and properly managed, and shall not be disclosed, provided, or leaked to any third party (including our affiliates and contractors) without prior written consent of the other party. 2. The following information shall not constitute confidential information. 2.1. Information each already possessed at the time of disclosure. 2.2. Information that was already in the public domain at the time of disclosure, or information that subsequently became public domain for reasons for which it is not responsible. 2.3. Information obtained legitimately from a third party after receiving disclosure. 2.4. Information independently developed or created without the disclosed confidential information. 2.5. Information requested to be disclosed pursuant to laws and regulations or court orders. 3. Upon instruction of the other party or upon termination of this Agreement, the User and the Company shall promptly return or dispose of the Confidential Information in accordance with the instructions of the other party after restoring it to its original state, and shall not use it thereafter. 4. In the event that the Company discloses User’s confidential information to Company’s affiliates or subcontractors with User’s consent, Company shall not be liable for any handling of such confidential information by such affiliates or subcontractors. 5. The Company may use the User’s confidential information for the purpose of providing the Service.
Article 20 (Exclusion of Antisocial Forces)
1. The User and the Company represent and warrant that they do not currently fall under the category of Boryokudan (organized crime groups), Boryokudan members, persons who have been Boryokudan members for less than 5 years, quasi-organized Boryokudan members, companies affiliated with Boryokudan, general assemblymen, etc., socially motivated groups, or special intelligent violent groups, or other similar persons (collectively referred to as “Boryokudan Members”) and will not fall under any of the following items in the future. 1.1. Having a relationship in which it is deemed that the management is controlled by a Boryokudanin, etc. 1.2. Having a relationship in which a Boryokudanin, etc. is deemed to be substantially involved in the management of the company. 1.3. Having a relationship that is deemed to involve unjustified use of Boryokudan-in etc., such as for the purpose of making unjust profits for oneself, one’s own company, or a third party, or for the purpose of inflicting damage on a third party. 1.4. Having a relationship that is recognized as being involved in providing funds, etc., or offering favors, etc., to a Bouryokudanin, etc. 1.5. A director or a person substantially involved in the management of the company has a socially reprehensible relationship with a Bouryokudanin, etc. 2. The User and the Company shall ensure that the User and the Company will not commit any of the following acts by themselves or through the use of a third party. 2.1. Violent demand acts. 2.2. Unreasonable demands beyond legal responsibility. 2.3. Threatening words or deeds or using violence in connection with a transaction. 2.4. Acts of spreading rumors, using deceptive means or force to damage the other party’s credibility or obstruct the other party’s business. 2.5. Other acts similar to the preceding items. 3. In the event that the other party is found to be a Boryokudanin, etc., or to fall under any of the items of Paragraph 1, or to have committed any act falling under any of the items of the preceding paragraph, or to have made any false declaration regarding the representations and warranties under Paragraph 1, the User and the Company may cancel this Agreement without giving the other party any notice, regardless of whether or not the other party has any reason to be held responsible for the termination. 4. In the event of termination of this Agreement pursuant to the preceding paragraph, the User and the Company acknowledge and agree that the other party shall not be liable to compensate the User for any damages incurred.
Article 21 (Inquiry response)
1. Although we will endeavor to respond to inquiries from users regarding the Service, we are under no obligation to do so, except in cases where we are obligated or liable under law or these Terms of Use. 2. We are under no obligation to disclose our criteria for whether or not to respond to user inquiries.
Article 22 (Handling of Personal Information)
Personal information in this service will be handled in accordance with the “Privacy Policy” set forth by the Company.
Article 23 (Separability)
1. Even if some of the provisions of these terms of use are determined to be invalid under the law, the other provisions of these terms of use shall remain valid. 2. If any provision of this Agreement is invalid or revoked in relation to one User, this Agreement shall remain valid in relation to other Users.
Article 24 (Dealing with Violations)
1. Users should contact the Company if they discover any violations of these Terms of Use. 2. Users may not object to the Company’s handling of any violation of these Terms of Use.
Article 25 (Continuance clause)
Articles 14, 16.3, 18-19, 20, 21, 22.3 and 22.4, 24-25, this Article, 29-32 and any other provisions reasonably determined to survive shall survive the termination of this Agreement.
Article 26 (Changes to these Terms of Use)
1. The Company may modify this Agreement at any time in accordance with the provisions of Article 548-4 of the Civil Code, if any of the following items applies. After the terms of use have been modified, the modified one shall apply to this Agreement. 1.1. When the modification of these terms of use is compatible with the general interest of the user. 1.2. The modification of the terms of use is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification. 2. In the event of any modification of the Terms of Use, the Company shall specify the effective date of the modified Terms of Use and notify the User and the Company of the contents and effective date of the modified Terms of Use at least two weeks prior to the effective date of the modified one, by displaying the modified Terms of Use on the Service, or by any other method prescribed by the Company. 3. If a user uses the Service after the changes to these Terms of Use are made known to the user in the preceding paragraph, or if the user does not take the necessary procedures for cancellation within the period specified by the Company, such user is deemed to have agreed to the changes to these Terms of Use.
Article 27 (Prohibition of transfer of status)
1. User may not assign, transfer, grant a security interest in, lend, or otherwise dispose of its position under this Agreement or its rights or obligations under this Agreement to any third party without the prior written consent of the Company. 2. In the event that Company transfers its business pertaining to the Service to a third party (whether by way of business transfer, corporate separation, or otherwise), User and the Company may transfer its position under this Agreement, rights and obligations under this Agreement, User’s registration information, and other information regarding User to the transferee in connection with such transfer, and User agrees in advance to such transfer.
Article 28 (Applicable law)
All applicable laws regarding these term of use shall be governed by the laws of Japan.
Article 29 (Concurrent jurisdiction)
Any litigation between a user and the Company shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Article 30 (Other)
1. The User shall comply with any additional terms of use that are not stipulated in these Terms of Use, if any. In this case, such details shall become an integral part of this Agreement. 2. The details, etc. shall become effective from the time they are posted in the designated section of the Company. 3. In the event of any inconsistency between the terms of use and this Agreement, such terms of use shall prevail.
Supplementary Provisions January 20, 2023: Enacted and enforced.   Translated with DeepL.com