Mementravel

Mementravel Terms of Use

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Effective as of January 1st, 2017

Thank you for visiting Mementravel ("MT", "we", "us", "our") and our website. By signing up or otherwise using Mementravel Service ("our service", "the service"), websites, information, and all other material (together, "the contents") binds contract with us. Therefore, the Terms of Use ("the terms") must be observed by any users accessing our websites.

We hope your travel to Japan will be safe and unforgettable experience.

 

Article 1, Scope of application

 

1.1 This terms of use defines rights and obligations of MT and users of MT. Any relationship between MT and users of MT with respect to the use of our service is target of its application.

1.2 Rules and regulations set by MT on our website are inclusive to our terms of use. 

 

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Article 2, Definitions

 

Following terms shall have the meaning ascribed as follows:
 

• "MT" means Mementravel, this website, administrator of the service.

• “User” means all users on MT service. All users and shops as a whole.

• "Shops" means shops, companies and all other entities which sales products published at Mementravel.

• "Intellectual property of rights" means trademark, portrait right (right of publicity), design right, patent right, utility model right, and any other intellectual property of rights including the rights to acquire these rights or to file applications for registrations of any of such rights without limitation.

• "Third party SNS service" means Social Networking Service provided by, for example, Facebook and peer company, which have faculties of posting online contents, comments, pictures, movies for relationships among unspecified number of users. Such service shall be used  in relation to our service.

• "Third party SNS provider" means entities which provide third party SNS service.

• "Service" (or "our service") means all information and services provided by MT, even though name or contents are changed.

• "User" means all individual and entity who has visited to our website.

• "Website" (or "our website") means internet website operated by MT with web domain of "mementravel.com". This includes new websites or websites that are changed in domains or contents changed.

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Article 3, Deal with user information

 

3.1 Dealing of user information and its method shall follow our privacy policy, and the user hereby fully agrees to the term 3.1 "Deal with user information" and our privacy policy.

 

3.2 All users hereby agree that their personal information held by MT will be disclosed and used to the purpose of reply from MT. We will NOT sale or transfer user information to any third party except for when legally requested. All users hereby agree that their information may be sent to shops or companies when MT determines if necessary.

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Article 4, Use of our service

 

4.1 Service usage by users

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• There will be no charge for user's access to our website. All users are entitled to observe MT publications and share web link of mementravel except for below conditions:

• Copy pictures to sale.

• Regardless to its form, say or write negative comment which damage published products.

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4.2 Service usage by shops

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• All shops or companie are entitled to send a request to MT such as followings:

• To delete or modify published comments or image.

• To delete or modify published page.

*Such request will only be accepted if the request is made by copyright owner of the published products.

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Article 5, Service policies

 

5.1 All published images and comments are based on a purpose to enhance their product sales and contribute to reputation improvement.

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5.2 MT will not charge for any product promotion. Therefore, any legal action by all shops and companies shall be based on good faith.

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Article 6, Prohibitions and restrictions

 

6.1 All user are prohibited and restricted in respect of using our service as follows;

 

• Regardless to direct or indirect, causing any breach and damage all intellectual property rights, portrait rights, copyrights, privacy rights, credits and trust, and other rights and interests of MT, other users, third party SNS providers or other related entities.

• Transmitting obscene and indecent information or harmful information to minors. Such determination will be made by MT.

• Performing any act against law and regulations of Japan and other nations. This includes MT and group that user belongs and its rules set in program.

• Transmitting information might lead to relationship with people of opposite sex.

• Modifying information in use of our service without consent to MT.

• Transmitting computer virus, information, and data MT determines harmful to computer program and environment.

• Performing any act which likely to interfere or obstruct MT websites and services.

• Submitting and transmitting false information in any way.

• Performing any act against good morals.

• Performing any other acts MT determines inappropriate.

 

6.2 Such information or comments shall be deleted all or partially when MT determines user act has corresponded or likely to correspond to any of the action or terms in article 6.1 without prior notice to the user. In such events, MT has no obligation of notifying users prior to deletion. In addition, MT shall not be responsible or liable for any damage of the user as a result of actions by MT.

 

 

Article 7, Maintenance and Storage of information

 

Transmitted information from users, information that MT obtained through operation of our service, information published on our websites, information sent toward users, and any other information is not permanently maintained and stored by MT even though such information had been stored temporally for purpose of operating our service. MT shall not be responsible for its security and period of storage and MT is entitled to erase or discard any of information. MT shall not be responsible and liable for any results or damage caused by this action.

 

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Article 8, Ownership rights and intellectual property rights

 

8.1 Registering and using our websites and services are permitted by agreeing our terms of use with no exception. Any ownership rights and intellectual property rights belong to MT and other entities that originally license those rights. MT and other originally licensed entities shall be licenser of such rights and all users shall not modify, customize, or change under any circumstances.

8.2 All users shall grant to MT the non-exclusive, licenseable, sublicenseable, royalty-free license to reproduce, copy, modify, publish, transmit, and use followings uploaded or transmitted to our websites or MT;

 

• User introduction to the service.

• User comments.

• User gender.

• User age.

• User pictures.

• User videos.

• User audio data.

• Other user uploaded data. 

 

 

Article 9, Warning for access and downloads

 

All URL accessed by users, downloaded and installed by users shall be conducted on user's own decision and responsibility. All users are responsible and liable for maintaining their security and environment of smartphone, computer, and other communication environment. MT shall not be responsible for any damage, loss of data, and any other damage. MT only voluntarily select and check information MT submit and publish on our websites. MT shall not be held responsible and liable for any damage or user's loss due to accessing both our websites and web links on our websites.

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Article 10, Disclaimer and liability limitation

 

10.1 All users hereby agree that MT shall not be responsible and liable, without limitation, for quality and content of our websites. This is online publication of Japanese products and services to provide the users with opportunities of provision, choose, and use on users own responsibilities.

 

10.2 All users hereby agree that MT shall not be responsible and liable, without limitation, for product's availability, stock, price, allergy, and safety that are published on our website. All users are responsible and liable for use of the product or service.

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10.3 MT makes no warranty for any third party SNS service even though our websites establish internet link to such third parties. MT shall not be responsible and liable even when such relationship or association become unavailable.

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10.4 All users shall comply with terms regulated by all third party SNS service providers with their own decision, responsibility, and cost. MT shall not be responsible or liable for any disputes between the user and the third party SNS service providers.

 

10.5 All users shall investigate and make own decision to determine whether or not use our service if their usage of the service or actions follow all morals, laws, regulations, and rules. MT shall not be responsible or liable for making warranty that users usage of the service and actions follow such morals, laws, regulations, and rules of the entity of which the user is a member of.

 

10.6 All users shall, with their full responsibility, handle and resolve all transactions, agreements, communication, and disputes between user and shop, user and other user, user and third party SNS provider and any other individuals and entities. MT shall not be responsible and liable for such events.

 

10.7 MT shall not be responsible or liable, without limitation, for discontinuation, suspension, abolition, unavailability, modification, loss of user message and data, elimination of user registration and cancel, damage of user equipments, and all other damage in relation to the service.

 

10.8 MT shall not be responsible or liable, without limitation, for all contents and security of internet links that are published on our websites. MT shall not be responsible or liable, without limitation, for all damage and financial loss in relation to our service. However, MT will voluntarily make our best effort to revise accuracy and consistency of information that MT publish on our website.

 

 

Article 11, Discontinuation or suspension of the service

 

11.1 MT is entitled to, whole or in part, discontinue and suspend our service without prior notice to any user.

 

• In events of overwhelming difficulties for operation or maintaining the service due to fire, accidents or personal reason of service operator, power outage, any natural disaster, and other irresistible force occurred, MT is entitled to, whole or in part, discontinue and suspend the service. Definitions of such irresistibilities shall be determined by MT.

• In events of system, equipment, or environment maintenance, regardless to whether it is planned or unexpected, MT is entitled to conduct such activities.

• In events of failure of computers, telecommunicating equipments, and other network system due to accidents or natural disaster.

• When MT determines that operation and maintenance is no longer possible due to trouble with third party SNS service, their service discontinue or suspension.

• In all events where MT determines discontinue and suspension is appropriate.

 

11.2 MT is entitled to discontinue and suspend our service based on our method and date. MT will make our best effort to notify users when such action is planned.

 

11.3 MT shall not be responsible or liable for any damage or loss of user in relation to action based on this article 11.

 

 

Article 12, Settlement of disputes and indemnity

 

12.1 All users shall indemnify and make exemption from obligation MT from and against any damage caused as a result of any breach by our terms of use.

 

12.2 All users shall indemnify and make exemption from obligation MT from and against any damage caused as a result of any usage of our service.

 

12.3 All users shall handle and resolve with their own costs and responsibilities, and report to MT immediately in events of liability claim from other users, third party SNS providers, and any other individual or entity in connection to the service.

 

12.4 All users shall handle and resolve with their own costs and responsibilities, and report to MT immediately in events of any disputes raised by other user, third party SNS provider, and other individual or entity.

 

12.5 In cases where a claim is brought against MT by other users, third party SNS providers, or other individual or entity by user violation of any rights or any other reason in relation to our websites or the service, the user shall compensate the amount of which MT is forced to pay on the same date the payment is mad.

 

12.6 In no event shall MT be responsible or liable for any damage caused by the user in relation to our service. In events of MT is responsible or liable for the damage in regards to consumer contract law of Japan, other laws, or by other reasons, the responsibility and liability of MT is strictly limited to the amount of the advertise profit of google adsense made at the accessed web page with respect to which the cause of such damage.

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Article 13, Confidentiality

 

13.1 All internal information of MT, operation strategy and confidentiality, technology, business information and its style, business strategy, funding and its operation or information, and other information in connection to the organization are considered as confidentiality. Except for;

 

• Confidential information that the user has developed independently without MT resources.

• Information that is publicly well-known.

• Information that is published by numbers of other companies or individuals or entities.

• Information that is legally obtained without breaching our terms of use by the user.

• Information that is confirmed as not applicable by MT in written form.

 

13.2 Usage of MT confidential information is strictly limited for finding Japanese product through our service or using information that is confirmed as not applicable by MT in written form. Without prior acceptance of MT, all user shall not provide, release, and publish confidential information of MT to any other individual or entity.

 

13.3 Users are entitled to release such information, as special exception, to government authorities when requested legally. The user shall report to MT immediately in such events.

 

13.4 All users shall not copy and duplicate documents, data, or information of which contains such confidential information onto CD, DVD, Blu-ray, internal and external USB devices. In an event of such act is indispensable in order to improve circumstance of the user, the user is entitled to copy or duplicate such information after obtaining acceptance from MT in written form. The user shall fully be responsible for such duplication and compensate any damage

 

 

Article 14, Revision and change in terms

 

14.1 MT is entitle to revise and change our service, without limitation to its method and period.

 

14.2 MT is entitled to correct, revise, and change the terms of use and regulation published on our websites, without limitation to its method and period. MT shall notify users on our website of which contains such change. All users who continue to use our service shall be assumed as fully accepted our terms of use, including such changes. All users who have not canceled their registration of the service shall also be assumed as fully accepted our terms of use, including such changes.

 

 

Article 15, Notifications

 

Notifications, communication, inquiries from users and those replies, cautions, and all other means of communication from MT to users shall be made in accordance with procedures specified by MT.

 

 

Article 16, Transfer

 

16.1 All users shall not transfer their lien, position in agreement, and rights or duties upon the terms of use to any user or third party.

 

16.2 In cased MT transfer or sale, whole or in part, the business to third party, all users hereby agree, in advance, that such business assignment includes transference of items listed below;

 

• User general information.

• User personal information.

• User position, rights, duties under the service agreement.

 

All users hereby agree, in advance, above items to be part of business assignment including company split-up, acquisition, integration, and re-organization.

 

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Article 17, Use of photo and copyright

 

17.1 This website, mementravel.com use photographs published in other websites for promotion purpose. The purpose to exclusively promote the publishers products or service. Therefore, mementravel.com shall not sell photographs that are copyrighted by other publishers to any entities.

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17.2 Without exception, photographs taken by mementravel.com and copyright of such photographs are owned by mementravel. Any user or entity are not entitled to use photographs owned by us for free. If you wish to copy or buy photograph materials, contact us by contact form and ask for the price. If any user or entity violates this article, such user or entity shall pay ¥100,000 per a photograph.

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17.3 User or entity is entitled to use our material, to promote mementravel.com if we agreed to do in written form. In that case, photographs shall not be charged.

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Article 18, Severability

 

In cases any of the article or any part of the terms of use become invalid or not performable under consumer contract law of Japan, other laws, or regulations, the remaining provisions of the terms maintains those full force and effect. MT and all users shall attempt, with best effort, to achieve both legally and economically best outcome.

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Article 19, Resolve by discussion

 

Any doubts with respect to the terms, matters beyond the terms shall be resolved through discussion between MT and the users as a good faith.

 

 

Article 20, Jurisdiction and applicable laws

 

The terms of use shall be governed by laws of Japan. All disputes and lawful matters shall be submitted to exclusive jurisdiction of Fukuoka district court in the first instance.

 

 

Article 21, Entire agreement

 

This terms of use and all articles contained, constitute entire and complete agreement between MT and the users. Regardless to oral or written form, all explanations, representations, understandings, and all other form of agreements shall follow our term of use. Such explanations, representations, understandings, and all other form of agreements shall not overwhelm our terms of use.