Last modified Oct 30, 2020
PLEASE READ THESE TERMS OF SERVICE CAREFULLY
1. AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”, “you” or “your”) and Litatrip Inc. (“we”, “us”, “our” or “Litatrip”), concerning your access to and use of the mobile application (“App”). You agree that by accessing the App, you have read, understood, and agree to be bound by all of these Terms and Service Use.
By using our App, you confirm that you accept and agree to comply with these Terms of Service set out below. If you do not agree to these Terms of Service, you must not use our App.
2. INFORMATION ABOUT US
We are the Team Litatrip. If you have any questions or complaints about our App, or in any respect about Litatrip, please contact us at: email@example.com
3. USER REGISTRATION
If you choose to become a registered user (“Registered User”), you must treat your account information as confidential. You must not disclose it to any third party. You accept full responsibility and liability for all activities that occur under your account, except where it is our fault.
If you know or suspect that anyone other than you knows your account, you must promptly notify us.
4. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Japan, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, Content and the Marks.
5. PROHIBITED ACTIVITIES
The below items are prohibited on our App:
- infringe intellectual property rights of third parties, including without limitation, intellectual property rights such as copyright and trademark, of us, other users or third parties;
- infringe the property rights, privacy rights and image rights of us, other users or third parties;
- disclose individual information, such as the name, telephone number and email address of a specific individual without authorisation;
- register multiple email addresses to obtain multiple accounts, while being a single user;
- obtain an account on behalf of a Registered User whose account has been suspended or terminated;
- discriminate against, harass, bully, intimidate, defame, or damage the reputation and credibility of, other users or third parties;
- alter and/or erase materials made available through our App;
- impersonate us, other users or third parties;
- transmit computer programmes or viruses that are harmful or cause other users or third parties to receive such programmes or viruses;
- transmit, without authorisation, email that are advertisement or promotion or solicitation or that are of a repulsive nature (including spam); obstruct the receipt of email by other users or third parties; request the transmission of chain emails and/or transmission of chain emails in accordance with such requests;
- circulate information, equipment and software that are used for the purpose of disabling or circumventing the access control function of servers and other facilities;
- accessing without authorisation, or conducting port scans, denial of service attacks, or spamming the facilities of other users or third parties or the facilities;
- reproduce, modify, disassemble, reverse engineer or analyse the samples or software contained in the Materials (except to the extent permitted by law, and you agree to give notice to us in such circumstance);
- obtain account information without authorisation or through fraud (including, without limitation, by phishing or similar methods);
- use the App service for commercial activities (including any incentivized activities), for profit and in anticipation of profit, unless prior written approval has been obtained from us;
- use the App service in contravention of applicable laws and regulations;
- hinder the operation of the App service or hinder the exchange or sharing of Content contributed by other users or third parties; or cause damages or losses to us, other users or third parties by damaging their credibility or infringing their intellectual property rights;
- breach the Terms of Service; or impede public order and morality (including, without limitation, by transmitting or displaying Content that may promote and induce violence, illegal images or suicide);
- establish a link to our App in order to encourage any of the actions, including those by third parties, described hereinabove;
- use the App in a manner that we reasonably deems unsuitable or inappropriate. We will refer to factors such as the typical use of App service by the majority of its users, and general industry practice, when determining whether such use is unsuitable or inappropriate.
7. CHANGES AND AMENDMENTS
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
8. LIMITATIONS OF LIABILITY
To the fullest extent permitted by applicable law, in no event will Mobile Application Developer, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if we have been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of us and its affiliates, officers, employees, agents, suppliers and licensors, relating to the App will be limited to any amounts actually paid in cash by you to Mobile Application Developer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
9. TEMPORARY OR PERMANENT SUSPENSION
We do not promise that the App will always be available or be uninterrupted. We may suspend, withdraw, or discontinue all or any part of our App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.
We may also suspend or cancel your access to or right to use the App where we are withdrawing them, in which case we will give you reasonable advance notice.
We reserve the right to limit your use of the App, including the number of your connections and your ability to contact other members. We reserve the right to restrict, suspend, or terminate your account if you breach this Terms of Service or the law or are misusing the App.
11. NO ASSIGNMENT
This Terms of Service or any part thereof may not be assigned or transferred by either party without prior written consent of the other party. Any assignment or transfer without such consent shall be null and void.
The illegality, invalidity, or unenforceability of any provision of this Terms of Service under the law of any jurisdiction shall not affect its legality, validity, or enforceability under the law of any other jurisdiction nor the legality, validity, or enforceability of any other provision.
13. GOVERNING LAW AND JURISDICTION
This Terms of Service and its interpretation comply with the laws of Japan, and any dispute of any sort that arises between you and the company, the area in which the head office of HiNative is located will have exclusive jurisdiction of the first trial through mutual agreement.
This Terms of Service is governed by and construed in accordance with the laws of Japan without regard to the principles of the conflict of laws thereof. Any and all disputes arising out of or in connection with this Terms of Service shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court at the first instance.
If you would like to contact us to understand more about this Terms of Service or wish to contact us concerning any matter relating to it, you may send an email to firstname.lastname@example.org