Terms of Service

These Terms of Service (hereinafter referred to as “these Terms”) define the conditions for using TokuNavi (hereinafter referred to as “the Service”). Users (hereinafter referred to as “Users”) shall use the Service in accordance with these Terms.

Article 1 (Application)

1. These Terms aim to define the rights and obligations between the Service operator and Users regarding the use of the Service, and shall apply to all relationships between Users and the Service operator regarding the use of the Service.
2. Rules regarding use posted by the Service on the Service shall constitute part of these Terms.
3. If the contents of these Terms differ from the rules in the preceding paragraph or other explanations of the Service outside these Terms, the provisions of these Terms shall take precedence.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings defined below:

1. “Service Usage Agreement” means the agreement for using the Service concluded between the Service operator and Users with these Terms as the contractual conditions.
2. “Intellectual Property Rights” means copyrights, patents, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or apply for registration of such rights).
3. “Posted Data” means content (including deals, text, images, videos, comments, links, etc.) that Users post or otherwise transmit using the Service.
4. “Service Operator” means the operating entity of TokuNavi.

Article 3 (Registration)

1. Those who wish to use the Service (hereinafter referred to as “Applicants”) may apply for use registration of the Service by agreeing to comply with these Terms and providing certain information specified by the Service operator (hereinafter referred to as “Registration Information”) to the Service operator in the manner specified by the Service operator.
2. The Service operator will determine whether to approve the registration application made in accordance with Paragraph 1, and if the Service operator approves the registration, it will notify the Applicant to that effect. Registration of the Applicant as a User shall be completed when the Service operator makes the notification in this paragraph.
3. Upon completion of the registration defined in the preceding paragraph, the Service Usage Agreement shall be established between the User and the Service operator, and the User will be able to use the Service in accordance with these Terms.
4. The Service operator may refuse registration and re-registration if the Applicant falls under any of the following:
   • If there is a falsehood, error, or omission in all or part of the Registration Information provided to the Service operator
   • If the person is under 18 years of age
   • If the Service operator determines that the person is an antisocial force (meaning organized crime groups, organized crime group members, right-wing organizations, antisocial forces, or others equivalent to these), or cooperates or is involved in the maintenance, operation, or management of antisocial forces through funding or other means, or has any other interaction or involvement with antisocial forces
   • If the person is a violator of a contract with the Service operator in the past or is related to such a person, as determined by the Service operator
   • In other cases where the Service operator determines registration to be inappropriate

Article 4 (Changes to Registration Information)

If there is a change in the Registration Information, Users shall promptly notify the Service operator of such change in the manner specified by the Service operator.

Article 5 (Management of Password and User ID)

1. Users shall be responsible for appropriately managing and storing passwords and user IDs related to the Service, and shall not allow third parties to use them, or lend, transfer, change names, or sell them.
2. Users shall be responsible for damages arising from inadequate management of passwords or user IDs, errors in use, use by third parties, etc.

Article 6 (Prohibited Acts)

When using the Service, Users shall not engage in any of the following acts or acts that the Service operator determines fall under any of the following:

1. Acts that violate laws and regulations or are related to criminal acts
2. Fraudulent or threatening acts against the Service operator, other Users of the Service, or other third parties
3. Acts against public order and morals
4. Acts that infringe on the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Service operator, other Users of the Service, or other third parties
5. Acts of transmitting information through the Service that falls under or is determined by the Service operator to fall under any of the following:
   • Information containing excessively violent or cruel expressions
   • Information containing computer viruses or other harmful computer programs
   • Information containing expressions that damage the honor or credibility of the Service operator, other Users of the Service, or other third parties
   • Information containing excessively obscene expressions
   • Information containing expressions that promote discrimination
   • Information containing expressions that promote suicide or self-harm
   • Information containing expressions that promote inappropriate use of drugs
   • Information containing antisocial expressions
   • Information that seeks to spread information to third parties, such as chain messages
   • Information containing expressions that make others uncomfortable
6. Acts that impose excessive burdens on the Service's network or systems
7. Reverse engineering or other analysis of software or other systems provided by the Service operator
8. Acts that may interfere with the operation of the Service
9. Unauthorized access to the Service's network or systems
10. Acts of impersonating third parties
11. Acts of using the IDs or passwords of other Users of the Service
12. Advertising, promotion, solicitation, or business activities on the Service without prior approval from the Service operator
13. Collection of information of other Users of the Service
14. Acts that cause disadvantage, damage, or discomfort to the Service operator, other Users of the Service, or other third parties
15. Posting deals containing false or misleading content
16. Posting information about sales or campaigns that have already ended
17. Repeatedly posting the same or similar content (spam)
18. Unauthorized use of affiliate links or fraudulent click-through inducement
19. Providing benefits to antisocial forces
20. Acts that directly or indirectly induce or facilitate any of the preceding acts
21. Other acts that the Service operator determines to be inappropriate

Article 7 (Suspension of Service, etc.)

1. The Service operator may suspend or interrupt the provision of all or part of the Service without prior notice to Users if any of the following applies:
   • When urgently conducting maintenance or inspection of the computer system related to the Service
   • When the Service cannot be operated due to computer or communication line failures, erroneous operations, excessive access concentration, unauthorized access, hacking, etc.
   • When the Service cannot be operated due to force majeure such as earthquakes, lightning, fires, wind and flood damage, power outages, natural disasters, etc.
   • In other cases where the Service operator determines suspension or interruption to be necessary
2. The Service operator shall not be liable for any damages incurred by Users due to measures taken by the Service operator based on this Article.

Article 8 (Attribution of Rights)

1. All intellectual property rights regarding the Service and all information related to the Service belong to the Service operator or licensors who have granted licenses to the Service operator, and the permission to use the Service under these Terms does not mean permission to use the intellectual property rights of the Service or the Service operator or licensors who have granted licenses to the Service operator regarding the Service.
2. Users represent and warrant to the Service operator that they have the lawful right to post or otherwise transmit Posted Data, and that Posted Data does not infringe on the rights of third parties.
3. Users grant the Service operator a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works, display, and perform Posted Data. Users also grant other Users a non-exclusive license to use, reproduce, distribute, create derivative works, display, and perform content posted using the Service.
4. Users agree not to exercise moral rights against the Service operator and those who have succeeded to or been licensed rights from the Service operator.

Article 9 (Deletion of Registration, etc.)

1. The Service operator may, without prior notice or demand, delete or hide Posted Data, temporarily suspend the use of the Service for the User, or delete the User's registration if the User falls under any of the following:
   • If the User violates any provision of these Terms
   • If it is found that there is a false fact in the Registration Information
   • If the User suspends or becomes unable to make payments, or if an application for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings is filed
   • If there has been no use of the Service for 6 months or more
   • If there is no response for 30 days or more to inquiries or other communications from the Service operator requesting a response
   • If the User falls under any of the items in Article 3, Paragraph 4
   • In other cases where the Service operator determines use of the Service to be inappropriate
2. If any of the events in the preceding paragraph occurs, Users shall naturally lose the benefit of time regarding all debts owed to the Service operator, and shall immediately pay all debts to the Service operator.
3. The Service operator shall not be liable for any damages incurred by Users due to actions taken by the Service operator based on this Article.

Article 10 (Withdrawal)

Users may withdraw from the Service and delete their registration as a User by notifying the Service operator in the manner specified by the Service operator.

Article 11 (Affiliate Program)

1. Users may post deals containing affiliate links through the Service.
2. The conditions for payment of affiliate rewards, payment methods, payment timing, etc. shall be separately determined by the Service operator.
3. When using the affiliate program, Users shall comply with relevant laws and regulations and the terms of each affiliate program provider.
4. The Service operator may suspend or cancel payment of affiliate rewards without prior notice if there is fraudulent activity by the User or if the contract with the affiliate program provider is terminated.

Article 12 (Disclaimer and Limitation of Liability)

1. The Service operator makes no warranty, express or implied, that the Service meets Users' specific purposes, has expected functions, commercial value, accuracy, or usefulness, that Users' use of the Service complies with laws and regulations or internal rules of industry organizations applicable to Users, that it can be used continuously, or that defects will not occur.
2. The Service operator shall not be liable for any transactions, communications, disputes, etc. that arise between Users and other Users or third parties regarding the Service.
3. The Service operator makes no warranty regarding the accuracy, usefulness, completeness, or legality of Posted Data, and shall not be liable for any damages suffered by Users based on Posted Data.
4. If a dispute arises between Users and third parties in connection with the Service, Users shall resolve it at their own responsibility and expense, and the Service operator shall not be involved in any way.

Article 13 (Changes to Terms of Service)

1. The Service operator may change these Terms at any time without notifying Users if the Service operator deems it necessary.
2. The revised Terms shall take effect from the time they are displayed on the Service.
3. If a User starts using the Service after the Terms have been changed, the User shall be deemed to have agreed to the revised Terms.

Article 14 (Communication/Notification)

1. Communications or notifications from Users to the Service operator regarding the Service, including inquiries, and communications or notifications from the Service operator to Users, including notifications of changes to these Terms, shall be made in the manner specified by the Service operator.
2. If the Service operator communicates or notifies the email address or other contact information included in the Registration Information, Users shall be deemed to have received such communication or notification.

Article 15 (Transfer of Status under Service Usage Agreement, etc.)

1. Users may not transfer, assign, create security interests, or otherwise dispose of their status under the Service Usage Agreement or their rights or obligations under these Terms to third parties without the prior written consent of the Service operator.
2. If the Service operator transfers the business related to the Service to a third party (regardless of the form, such as business transfer or company split), the Service operator may transfer the status under the Service Usage Agreement, rights and obligations under these Terms, and Users' Registration Information and other customer information to the transferee of such transfer, and Users hereby consent in advance to such transfer in this paragraph.

Article 16 (Severability)

Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining part of the provision determined to be partially invalid or unenforceable shall continue to be in full force and effect.

Article 17 (Governing Law and Jurisdiction)

1. These Terms and the Service Usage Agreement shall be governed by the laws of Japan.
2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for all disputes arising from or related to these Terms or the Service Usage Agreement.