Terms of Use
Date of Last Revision: July 23, 2011
Welcome to FindJPN!
Entertainment-kick Co. Ltd. (“FindJPN,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://findjpn.com/ (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, the “Terms of Use”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time without further notice. You should periodically visit this page to review the current Terms of Use so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://findjpn.com/top/static/privacy-policy#policy. All such terms are hereby incorporated by reference into these Terms of Use.
Access and Use of the Service
Services Description: The Service is designed to provide consumers access to data, information, points of interest, activities, special deals, experiences, and offers (collectively, “Offers”) regarding local destinations and activities and to provide local hosts (which may hereafter be referred to collectively as “Host(s)”) a platform for easily providing consumers such information and offers.
Your Registration Obligations: You are required to register with FindJPN in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself or your Host as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify FindJPN of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. FindJPN will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: FindJPN reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FindJPN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that FindJPN may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on FindJPN’s servers on your behalf. You agree that FindJPN has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You acknowledge that FindJPN reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that FindJPN reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit or use via the Service, whether as a Host, end user or otherwise. The following are examples of the kind of content and/or use that is illegal or prohibited by FindJPN. FindJPN reserves the right to investigate and take appropriate legal action against anyone who, in FindJPN’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to: a) Post or otherwise transmit any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of FindJPN, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose FindJPN or its users to any harm or liability of any type; b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; c) solicit personal information from anyone under the age of 18; d) harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; e) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or g) violate any applicable local, state, national or international law, or any regulations having the force of law; h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
User Fee Terms: When you purchase an Offer, FindJPN will verify your payment information, but the full amount of such Offer will not be charged to your credit card or other payment instrument until the applicable Host approves your purchase. If the Host does not approve your purchase, then your payment instrument will not be charged the full Offer price. In addition to the fees you pay for Offers, you acknowledge that FindJPN reserves the right to charge for any portion of the Service (“Service Fees”) and to change its Service Fees from time to time in its discretion. You agree to pay all fees when due in accordance with the terms set forth on the Site and these Terms of Use. If you are required to provide FindJPN information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. If you dispute any charges you must let FindJPN know within sixty (60) days after the date that we charge you. If FindJPN terminates your account and use of the Service because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any). Service Fees are also non-refundable.
Cancellation and Refunds: If you wish to cancel or obtain a refund for an Offer, please see FindJPN’s Cancellation Policy located at [https://findjpn.com/top/static/cancellation-policy].
Special Notice for International Use: Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by FindJPN, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service is the property of FindJPN, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by FindJPN.
The FindJPN name and logo are trademarks and service marks of FindJPN (collectively the “FindJPN Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FindJPN. Nothing in this Terms of Use or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FindJPN Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of FindJPN Trademarks will inure to our exclusive benefit.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. FindJPN has no control over such sites and resources and FindJPN is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that FindJPN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Offers, content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties (including Hosts) found while using the Service are between you and the third party, and you agree that FindJPN is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold FindJPN and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Use or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FINDJPN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF HOSTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FINDJPN MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Termination
You agree that FindJPN, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if FindJPN believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. FindJPN may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that FindJPN may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that FindJPN shall not be liable to you or any third-party for any termination of your access to the Service.
User Disputes
You agree that you are solely responsible for your interactions with any other user or Host in connection with the Service and FindJPN will have no liability or responsibility with respect thereto. FindJPN reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Your Privacy
At FindJPN, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms of Use or to pose any questions regarding this Terms of Use or the Service.
Privacy Policy
This Privacy Policy was last updated on July 23, 2011.
Our Policy:
Welcome to the web site (the “Site”) of Entertainment-kick Co. Ltd. (“FindJPN”, “we”, “us” and/or “our”). This Site is operated by FindJPN and has been created to provide information about our company and its community marketplace for local activities, and experiences (the “Services”) to our users (“you”, “your”). This Privacy Policy sets forth FindJPN’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected from Site visitors and users of the Services.
Information We Collect:
When you interact with us through the Site or the Services, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Site:
We collect Personal Data from you when you voluntarily provide such information such as when you register for access to the Services, use certain Services, contact us with inquiries or respond to one of our surveys. For example, we collect contact information, location, payment information, and other information that you provide to us. Wherever FindJPN collects Personal Data we make an effort to provide a link to this Privacy Policy.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data, you acknowledge and agree that such Personal Data may be transferred from your current location to the offices and servers of FindJPN and the authorized third parties referred to herein located in the United States.
Non-Identifiable or Aggregated Data:
When you interact with FindJPN through the Site or Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. FindJPN may store such information itself or such information may be included in databases owned and maintained by FindJPN affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the FindJPN Service. Also, in an ongoing effort to better understand and serve the users of the Services, FindJPN often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis. FindJPN may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. FindJPN may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
In operating this Site, we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.
Our Use of Your Personal Data and Other Information:
FindJPN uses the Personal Data you provide in a manner that is consistent with this Privacy Policy. If you provide Personal Data for a certain reason, we may use the Personal Data in connection with the reason for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem. Also, if you provide Personal Data in order to obtain access to the Services, we will use your Personal Data to provide you with access to such services and to monitor your use of such services. FindJPN and its subsidiaries and affiliates (the “Related Companies”) may also use your Personal Data and other personally non-identifiable information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Services. FindJPN and its Related Companies may use this information to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below. If FindJPN intends on using any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the Personal Data is collected.
Our Disclosure of Your Personal Data and Other Information:
FindJPN is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers:
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Related Companies:
We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.
Agents, Consultants and Related Third Parties:
FindJPN, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Legal Requirements:
FindJPN may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of FindJPN, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
Hosts:
If choose to purchase an activity through the FindJPN Service, then we will provide share your the contact information you provided to the applicable Host (as defined in the Terms of Use) so that the Host may contact you through the FindJPN Service. You agree that such Host may contact you through the FindJPN Service solely for the purpose of providing their services.
Your Choices:
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.
Exclusions:
This Privacy Policy does not apply to any Personal Data collected by FindJPN other than Personal Data collected through the Site or Services. This Privacy Policy shall not apply to any unsolicited information you provide to FindJPN through this Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as bulletin boards (collectively, “Public Areas”), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and FindJPN shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.
Children:
FindJPN does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on this Site without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to FindJPN through this Site, please contact us, and we will endeavor to delete that information from our databases.
Other Web Sites and Services:
This Privacy Policy applies only to the Site, and does not apply to information you provide directly to a Host. This Site may contain links to other web sites or services not operated or controlled by FindJPN (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from this Site do not imply that FindJPN endorses or has reviewed the Third Party Sites or Hosts. We suggest contacting those sites or Hosts directly for information on their privacy policies.
Security:
FindJPN takes reasonable steps to protect the Personal Data provided via the Site from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
Other Terms and Conditions:
Your access to and use of this Site is subject to the Terms of Use.
Changes to FindJPN’s Privacy Policy:
The Site and our business may change from time to time. As a result, at times it may be necessary for FindJPN to make changes to this Privacy Policy. FindJPN reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Site after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.
Access to Information; Contacting FindJPN:
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via this Site or Services. Please also feel free to contact us if you have any questions about FindJPN’s Privacy Policy or the information practices of this Site.