Terms of Use

Using the App

The Terms of Use for the Hobonichi Globe App (hereinafter "the Terms") cover the Hobonichi Globe App (hereinafter "the App") provided by Hobonichi Co., Ltd. (hereinafter "the Company") and apply to the relationships between the Company and its individual customers, as well as the Company and its corporate customers (individual customers and corporate customers are hereinafter collectively referred to as the “Customer” or “Customers”, depending on the context).

The terms and conditions for the products and services provided through the Hobonichi Store as well as for the content of the Hobonichi Official Globe Website (hereinafter "the Official Website") is stipulated by the Hobonichi Store Terms of Use. As the use of the App requires the Customer's consent for all conditions contained in the Terms, please make sure to go over these conditions before using the App.

Furthermore, the Terms may be subject to revisions at the discretion of the Company. Notification of revisions to the Terms shall be provided to the Customer via updates to the information on pages in the App or by other means stipulated separately by the Company. When using the App after revisions to the Terms, the Customer must consent to the revised Terms.

1. Handling of the Customer information

The handling of personal information is stipulated by the Hobonichi Globe App Privacy Policy. Please refer to this resource to see how the Company handles personal information.

2. Usage

Preparation and maintenance of information device, software, telecommunication lines, and other usage environments required to use the App should be undertaken at the cost and responsibility of the Customer.

3. Intellectual property rights

All intellectual property rights pertaining to the App and to the content provided through the App belong to the Company or to those who grant a license to the Company.
All use of and access to the App by the Customer is governed by the Terms or by applicable laws and regulations on intellectual property. The Company grants the Customer permission for the personal use of all content provided by the Company through the App, within the App's scope of use, but does not transfer the right of ownership, copyright, or any other rights whatsoever to freely use, profit from, or dispose of the content, and does not recognize said rights.
Trademarks, logos, service marks, or the like (hereinafter collectively referred to as "Trademarks, etc.") may appear in the App, but the Company does not transfer Trademarks, etc., or permit the use thereof, to the Customer or other third party or third parties (a third party or third parties are hereinafter collectively referred to as "third parties").

Prohibited conduct

When using the App, the Customer shall not engage in conduct that falls or may fall under any of the following:

Conduct that violates or encourages the violation of: laws and regulations; the judgment, determination, or order of a court; or legally binding administrative measures;
Conduct that goes against public order and morality or that is prejudicial to good morals;
Defamation, damage to credit, stalking, bullying, harassment, fraud, intimidation, impersonation, or coercion against the Company, other customers, or other third parties conducted through the App;
Conduct that infringes upon the intellectual property rights (including copyrights, trademarks, patent rights, or the like), right of publicity, privacy rights, the right to protect one's good name, or other rights or interests of the Company, other customers, or other third parties;
Conduct that posts to the Official Website information that corresponds to any of the following ten items or which the Company deems to correspond to said items:
1. Information that infringes upon the intellectual property rights, ownership, right of publicity, privacy, credit, good name, or other rights or interests of the Company or third parties;
2. Information, including personal information, confidential information, or identifiable personal information of the Customer or third parties, that are not necessary for the purpose of using the services;
3. Information whose content is equivalent to junk mail or spam mail;
4. Information including: violent expressions; blatant sexual expressions (meaning expressions deemed by the Company to be associated with sexual matters, regardless of its artistic nature); expressions corresponding to child pornography or child abuse; or expressions that lead to discrimination on the basis of race, nationality, creed, gender, social status, family origin, or the like;
5. Information containing expressions that would induce, solicit, or encourage suicide or acts of self-harm;
6. Information pertaining to the purchase or sale of illegal drugs or designer drugs, and information containing expressions that encourage the inappropriate use of illegal drugs or designer drugs;
7. Information that could have a detrimental impact on minors;
8. Information containing cruel expressions or that otherwise disturbs other people;
9. Information that spreads computer viruses or other malicious programs; or
10. Other information which the Company deems inappropriate;
Improper requests, collection, or use of the information of the Company, other customers, or other third parties;
Impersonation of the Company, other customers, or other third parties;
Conduct for the purpose of sales, promotion, solicitation, or other profit; conduct for the purpose of sexual conduct or obscene conduct; conduct for the purpose of meeting or companionship with unknown third parties; conduct for the purpose of harassment or slander against other customers; conduct during use of the App that is in violation of a law, regulation, rule, or the Terms; or conduct whose purpose is not recognized by the Company;
Solicitation of participation in religious activity, a religious organization, political activity, or a political organization;
Conduct, which is related to the App, for the purpose of gaining benefits through means unintended by the Company, whether said conduct is carried out within or outside of the App;
Unauthorized access to the API or website via methods which have not been made public or which are not recognized by the Company;
Disassemble, decompile, or reverse engineering of the App, or other analysis of the App's source code;
Interference with or disturbance of servers or networks to which the App is connected, by means such as sending any sort of worm, virus, spyware, malware, or other destructive code;
Imposing an excessive load on the App or the Company's servers;
Use, production, or distribution of external tools that use bugs or produce effects in a way that is normally not intended by the App;
Inducing malfunctions of the App;
Intentional disclosure or posting of false data or other such material pertaining to the App;
Registering the wrong location information with the App;
Reproduction, transmission, modification, or alteration of the content provided by or through the App; or conduct such as transfer, lending, or sale to a third parties, with or without charge;
Any preparation whatsoever that includes the inducement to offer, the offering of, or the consent to the conduct stipulated in the preceding items;
Use of the App while walking, driving a vehicle, or under any other circumstances or situations that are inappropriate for using the App;
Providing benefit to or other cooperating with antisocial forces or the like
Conduct in violation of the provisions or spirit of the Terms, or which could impose upon the Company any sort of risk or legal liability;
Conduct which supports or encourages any of the conduct provided by items (1) through (23) above; or
Other conduct which the Company deems inappropriate.

5. Suspension of use of the App

If the Company determines that the Customer falls under or is likely to fall under any of the following items, the Company may, at its own discretion and without prior notification, take measures to cancel the Terms (hereinafter "Suspension of Use"), including partially suspending or restricting use of the App:
1. The Customer violates any provisions of the Terms;
2. The Company determines that Suspension of Use is necessary in order to protect people's lives, bodies or property;
3. The Company determines that the Customer is an antisocial force, or is engaged in any sort of exchange or involvement with antisocial forces or the like, whether directly or indirectly, by providing funds or other means;
4. The Company deems Suspension of Use necessary for the operation or maintenance of the App; or
5. The Company otherwise deems use of the App inappropriate, with cause similar to that provided in the preceding items.
Even after Suspension of Use, the Customer shall not be exempted from any obligations or liabilities (including, but not limited to, liability for compensation for damages) toward the Company or third parties under the Terms.
THE COMPANY SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY DISADVANTAGE OR DAMAGES INCURRED BY THE CUSTOMER DUE TO MEASURES TAKEN FOR ANY REASON BY THE COMPANY UNDER THIS ARTICLE.

6. Compensation for damages

A Customer who, through use of the App including, but not limited to, conduct prohibited to the Customer, directly or indirectly causes damages the Company, or causes the Company to receive a demand for compensation for damages or other such claim, must compensate for all damages, including expenses for attorneys or other experts, as well as sums equivalent to labor expenses required for the Company's response.
WITH REGARD TO LOST PROFITS OR ANY OTHER DAMAGES CAUSED TO THE CUSTOMER THROUGH THE USE OF OR ACCESS TO THE APP OR THE CONTENT, PROGRAMS, SERVICES, OR INFORMATION PROVIDED THROUGH THE APP, THE COMPANY SHALL, TO THE GREATEST EXTENT PERMITTED UNDER LAWS AND REGULATIONS, BEAR NO LIABILITY WHATSOEVER, REGARDLESS OF WHETHER THE DAMAGES WERE CAUSED DIRECTLY OR INDIRECTLY BY USE OR ACCESS, OR WHETHER THE DAMAGES WERE INCIDENTAL OR ACCIDENTAL.
EVEN IN THE EVENT THAT THE COMPANY BEARS A LIABILITY OF COMPENSATION FOR DAMAGES TO THE CUSTOMER, THE COMPANY'S LIABILITY SHALL BE LIMITED TO DIRECT AND NORMAL LIABILITY ACTUALLY ARISING FROM DAMAGES TO THE CUSTOMER CAUSED BY NON-PERFORMANCE OR A TORTIOUS ACT OF THE COMPANY, AND THE COMPANY SHALL NOT BEAR ANY LIABILITY WHATSOEVER FOR DAMAGES ARISING FROM SPECIAL CIRCUMSTANCES WHEN THE COMPANY CAUSES THOSE DAMAGES TO THE CUSTOMER (INCLUDING WHEN THE COMPANY OR THE CUSTOMER FORESAW OR COULD HAVE FORESEEN THE DAMAGES ARISING). HOWEVER, THIS LIMITATION SHALL NOT APPLY IN THE EVENT OF INTENTIONAL DAMAGES OR GROSS NEGLIGENCE ON THE PART OF THE COMPANY.

7. Termination of use of the App by the Customer

The Customer may, at any time, terminate the use of the App by uninstalling the App or by any other method prescribed by the Company.
Even after termination of the use of the App, the Customer shall not be exempted from any obligations or liabilities (including, but not limited to, compensation for damages) toward the Company or third parties under the Terms.

8. Alteration, discontinuation, and termination of use of the App by the Company

The Company may, without prior notification to the Customer, alter or add to the App's content in whole or in part.
The Company may, through prior notification via the App, push notification, or other means deemed appropriate by the Company, terminate the provision of the App at the Company's discretion.
The Company may, without prior notification to the Customer, discontinue the App in whole or in part in the event of cause as provided by the following items:
1. Routine or urgent maintenance or repairs involving communication devices and equipment, or the like, for the App;
2. A concentrated load on the system arising from excessive access or other unforeseen causes;
3. The need to ensure security for the Customer;
4. Non-provision of services by a telecommunications carrier;
5. Difficulty in providing the App due to: an unforeseen accident such as an earthquake, flooding, or other natural disaster, or a fire or power outage; force majeure such as a war, conflict, disturbance, riot, or labor dispute; a failure such as an unexpected error or bug; or a security shortcoming;
6. Impossibility of operation of the App due to laws and regulations or to measures based thereon; or
7. Other circumstances equivalent to the preceding items which the Company deems sufficient to necessitate discontinuation.
THE COMPANY SHALL BEAR NO LIABILITY WHATSOEVER FOR ANY DISADVANTAGE OR DAMAGES INCURRED BY THE CUSTOMER DUE TO MEASURES TAKEN FOR ANY REASON BY THE COMPANY UNDER THIS ARTICLE.

9. Disclaimer of warranties and exemptions

The Company Does Not Guarantee That The App Is Compatible With All Information Devices. The Customer Should Be Aware In Advance Of The Possibility Of The App Malfunctions Accompanying Such Events As An Os Upgrade To An Information Device On Which The App Is Used. In The Event Of A Failure, The Company Does Not Guarantee That A Program Correction By The Company Will Resolve Said Failure.
The Customer Should Be Aware In Advance That Changes To The Terms Of Use, Operating Policy, Or The Like For The App Store, Google Play, Or Other App Marketplaces May Limit Use Of The App In Whole Or In Part.
The Company Expressly Disclaims All Warranties, Express Or Implied, With Respect To The App And The Content Or Any Other Information Whatsoever Provided Through The App (Hereinafter Collectively Referred To As "The App, Etc."), Including A Warranty Guaranteeing That The App, Etc. Is Free Of Defects (Including Flaws Related To Security Or Otherwise, Errors And Bugs, And Rights Infringement); A Warranty Guaranteeing That The App, Etc. Possesses The Qualities And Merchantability Expected By The Customer; A Warranty Guaranteeing That The App, Etc. Conforms With The Laws And Regulations, Internal Rules, Or The Like That Apply To The Customer; And Warranties Of The App, Etc.’S Safety, Reliability, Authenticity, Accuracy, Completeness, Validity, Or Fitness For A Particular Purpose. In Addition, Although The Company Provides The Customer With Information On The App Whenever Necessary, The Company Does Not Guarantee The Accuracy Or Usability Of Said Information. The Company Shall Not Obligated To The Customer To Remove Defects In The Provision Of The Services.
In The Event Of A Dispute Between The Customer And Third Parties Or Concerning The App, The Customer Shall, Upon Notification Thereof To The Company, Be Responsible For Resolving The Matter And For Doing So At One's Own Expense. The Company Shall Not Bear An Obligation To Become Involved In Said Disputes And Shall Not Bear Any Liability Whatsoever Therefore.

10. Export controls

When using the App and the technology used in the App (hereinafter "the App Technology"), the Customer: shall recognize that the Foreign Exchange and Foreign Trade Act or other export-related laws and regulations of Japan, as well as export controls based on the Export Administration Regulations of the United States of America, may apply, and that the App Technology may fall under items subject to export controls by other countries; shall comply with these laws; and shall not transfer, export, or re-export the App Technology to a company, resident, or citizen of a prohibited country or a country subject to trade sanctions, or to an individual or company subject to an embargo.

11. Prohibition on the transfer of rights and obligations

Unless permitted in advance by the Company in writing, the Customer shall not effect the transfer, succession, assignment as collateral to any third parties, or other disposal in any way whatsoever, of the Customer's rights or obligations under the Terms or status granted from use of the App under the Terms.

12. Handling of business transfer, etc.

If the Company transfers to third parties the rights pertaining to the App or business associated with the App, or if there is a succession of business pertaining to the App through a merger, company split, or otherwise, the Company may effect succession to the said transfer recipient of status under the Terms, rights and obligations, registered information, and other Customer information transferred under the arrangement. The Customer grants prior consent to transfers and other matters covered in this Article.

13. Contact method

The Company shall contact the Customer about the App by posting information in the App or an appropriate place on a website administered by the Company including the Official Website, by push notification, or other means deemed appropriate by the Company.
Inquiries concerning the App and other contact or notification from the Customer to the Company shall be sent using the inquiries form provided at an appropriate place on a website administered by the Company, sent via email to the inquiries email address (earthball@1101.com), or otherwise conducted by a method designated by the Company.

14. Severability

Even if any provisions of the Terms become invalid or unenforceable, whether in whole or in part, the determination thereof shall exert no effect on other portions, and the remaining portions of the Terms shall remain valid and enforceable. Abiding by the purport of articles or portions that have become invalid or unenforceable as provided above, the Company and the Customer shall endeavor to ensure an equivalent effect therewith and shall meanwhile consent to the revised Terms as binding.
Even if any provisions of the Terms become invalid or unenforceable, whether in whole or in part, in relation to a customer, there shall be no effect exerted upon validity or otherwise in relation to other customers.

15. Language, governing law and jurisdiction

The Japanese version shall be the original text of the Terms, and the English version shall be prepared for reference. In addition, in the event of any discrepancy or inconsistency between the two versions, the Japanese version shall take precedence. The interpretation of the Terms shall be governed by the laws of Japan.
For petitions or lawsuits concerning any dispute whatsoever associated with or pertaining to the App or to the Terms, the court of exclusive jurisdiction by agreement shall be the Tokyo District Court or the Tokyo Summary Court, in response to the amount of case.

(Current as of November 3, 2020)