“WheeLog Service” End-User License Agreement (“Agreement”)
Last updated: November 26, 2019
Article Ⅰ Terms of the Agreement
1. This agreement defines the terms and conditions of using or downloading “Let’s make a barrier-free map” named “WheeLog!” application (“main Application”) provided by a general incorporated association, WheeLog (“WheeLog”).
2. You (“the User”) need to agree with this Agreement before downloading or using the Application and by clicking the “I Agree” button, you are agreeing to be bound by the terms and conditions of this Agreement.
Article Ⅱ Eligibility and Account Registration to use the Application
1. By clicking the “Log In” button, the User agrees to subscribe to the Application and is deemed to have commenced the use of the Application.
2. Use of the Application for individuals is free of charge and allows unrestricted access to all features of the Application.
3. Organizations or entities other than individuals must contact the organization’s management before using the Application. They are required to provide information about the purpose and nature of the way they want to use the app and obtain permission.
4. If the Application is being used as part of a business operation, whether by an individual or a corporation, prior permission from the organization’s management is mandatory.
5. The Application is exclusively available for use by individuals or organizations that have obtained the necessary eligibility for service use, as granted according to the provisions in the preceding paragraph.
6. Irrespective of whether the User personally performed the actions or not, the User shall be held accountable for the outcomes resulting from the use of the Application.
Article Ⅲ User Information
1. WheeLog agrees not to disclose the User’s information (“call User Information”) obtained from the User to use the Application to a third party without the User’s prior authorization.
2. However, this does not apply to the information deemed to be disclosed according to such as the specification and the utilization of the Application because the main purpose of the Application is to share and use the information interactively among Users.
(1). In spite of the prior paragraph, WheeLog may disclose as needed without User’s prior authorization under the following circumstances.
(2). Cases based on laws and regulations.
(3). Cases necessary for the protection of the property.
(4). Cases necessary to cooperate with the national and local government in which obtaining the consent of the person might impede the execution of the operations concerned.
Article Ⅳ Duty of User
1. The User agrees to comply with the terms and provisions (“call Terms”) of the Agreement in the use of the Application.
2. In case WheeLog sustains the damages, the User agrees to compensate immediately for the total loss based on a cause imputable to the User by violating such Terms of the Agreement.
3. The User agrees to comply with all applicable laws in addition to the Terms of the Agreement in use of the Application.
Article Ⅴ Cancellation of Eligibility
WheeLog reserves the right to cancel or suspend the eligibility of the User without prior notice or warning in cases that WheeLog determines the User violates or there is a fear to violate any of the following categories.
WheeLog takes no responsibility whatsoever to any person for this decision.
(1). Cases to impede the administration of the Application.
(2). Cases to violate the User’s obligation, prohibited matters and other provisions under the Application herein.
(3). Cases to edit, alternate or re-distribute the information acquired from the Application.
(4) Cases that WheeLog discovers the User was canceled or suspended the eligibility to use the Application in the past.
(5). If you use the Application as part of your business without the permission of WheeLog management.
(6). Cases that violate the provisions presented within the Application by WheeLog in addition to the Agreement herein.
(7). Cases that harm the dignity and reputation of WheeLog or cause damage to WheeLog.
(8). Other cases that WheeLog determines the User to be ineligible.
Article Ⅵ Consent Matters
The user agrees to each of the following provision in utilizing the Application.
(1). The user agrees to receive permission from the manager of the premises before posting photographs in the Application (except public streets).
・Usage for the business and events related to WheeLog activities(Including commercial use).
・Usage for the examination of measures at administrative agencies in national and local public organizations and for the academic research at research institutes such as in universities.
(4). The User uses the Application paying attention to surrounding situations such as passerby and road accessories, keeping others safe, and not damaging constructions, structures and buildings.
(5). The User agrees not to use the Application while walking and driving and to always pay attention to the surrounding conditions.
(6). The User acknowledges that the location information provided in the Application may not display the accurate current location depending on the GPS satellite radio wave state, User’s mobile terminal and other surrounding conditions.
(7). The User acknowledges that all or a part of the function of the Application may not work properly in the area where effective and stable network connection is not established.
Article Ⅶ Content of the Application
WheeLog and the right holders with legitimate right (“The Third Right Holder”) reserve the right to all of the intellectual property rights for the each content that composes the Application ( it includes but not limited to programs, component modules, display designs, user interface parts and all other contents (“Contents”) and the Users are to use the Contents according to the terms and conditions of the Agreement.
Article Ⅷ UGC (User Generated Contents)
The User may post photos, videos, text and other meta information (including location) etc., whether for public or private use, created by the User for this ApplicationWe name this content as User Generated Content (“UGC”). The User may be fully responsible for the UCG. WheeLog has no obligation nor ability to examine the UGC in advance. Furthermore, WheeLog shall not guarantee the accuracy, quality, and safety of the UGC received from the User utilizing the relevant service. WheeLog may delete, block the release of the UCG and delete the relevant User’s account with its own judgment without prior notice in such cases listed below.
1. Content that is aggressive, illegal, obscene, defamatory, slanderous, threatening, abusive, inappropriate, pornographic, harassing, hateful and unlawful or against certain law or laws.
2. Content that is fraudulent or false.
3. Content that is protected by appropriate copyright laws. Content that infringes on the right of trade secrets or other rights of privacy, property and individual.
4. Content that solicits advertisement, business, funding, product or service.
5. Content that spoofs others or infringes the privacy of a third party.
Article Ⅸ Modification, suspension, discontinuation and termination of the Application
1.WheeLog reserves the right to modify the content of the Application without prior notice to Users.
2.WheeLog reserves the right to suspend the Application without prior notice to Users.
3.WheeLog reserves the right to discontinue or terminate the whole or part of the Application without prior notice to Users.
4.WheeLog will not be held responsible for any damages that arises to the Users by modification, suspension, discontinuation and termination to the Application herein.
Article X Prohibited Matters
1.The User must stop notified conduct immediately when WheeLog or the third party notifies that Conduct is prohibited or there is a fear to be prohibited as defined in the Agreement.
2.The right to use the Application is granted only to the User him / herself; therefore, the User is prohibited to conduct such action as to assign, transfer, sell, change title and offer the right of pledge or any other collateral including all other rights to the third party.
3.In addition to the preceding two clauses, the User is prohibited following conducts in using or in relation to using the Application.
(1).Conduct that may infringe on honor, reputation, brand name and rights (including but not limited to the assignment of claim against a third party, intellectual property right, privacy, right of publicity and Portrait right ) or may infringe on the property (or there is a fear to infringe) of WheeLog or the third party.
(2).Conduct to make offensive expressions based on race, nationality and religion, obscene expression, discriminatory expression, and other inappropriate expression that will make others to feel uncomfortable. Conduct that offends public order and morals and conduct that will make others to feel uncomfortable in general.
(3). Conduct to transmit, post, collect and disclose private information of the third party.
(4). Conduct to induce or fear to induce crimes (including Conduct of warning, involvement, promotion, solicitation, instigation and aiding and abetting).
(5). Conduct of political or religious activity, or that of similar activities. Conduct of solicitation to the political or religious organization.
(6). Use of the Application as part of the activities of another business without WheeLog’s permission.
(7). Conduct to impersonate WheeLog administrator, employee or customer support personnel appointed by WheeLog.
(8). Conduct to pose problem for the administration of the Application such as the illegal access to the third party facility or the facility provided to manage the Application, transmitting excessive amount of information, destruction, modification etc.
(9). Conduct to transmit or distribute harmful computer programs such as a computer virus to WheeLog or to third parties and others.
(10). Conduct to create, distribute and utilize the modification of the program, reverse engineering, analysis, utility (including but not limited to external tools such as BOT and Cheat-Tool that illegally manipulate the result of usage in the Application). And Conduct to utilize the result of the applicable action for own benefit.
(11). Conduct to provide and disclose the newly discovered defect information intentionally to a third party (except the report to WheeLog)
(12). Conduct to obstruct the business of WheeLog by making false reports or fraudulent means. Conduct to force WheeLog or the third party when there is no obligation and reason to do so or to demand by violent speech and action to do so.
(13). Conduct to use the Application by impersonating the third party or by using the name of the third party.
(14). Conduct to manipulate illegally the result of usage in the Application
(15). Conduct to register ID repeatedly or to register duplicated ID for a certain mobile terminals in excess of normal use.
(16). Conduct to benefit the User or to inflict loss on the third party by manipulating the defect of the Application and to abet, solicit, advise or aid such conduct to the third party.
(17). The conduct to cooperate, participate or solicit for antisocial forces (as defined by the laws of Japan).
(18). Other conduct that WheeLog determines to be inappropriate.
Article Ⅺ Breach of Contract
In the case of violation of contract by the User, WheeLog is entitled by him or herself or in cooperation with the third party to terminate or suspend the User’s eligibility according to the definition of the ArticleⅤ in addition to recovering the loss suffered by WheeLog, the third party and others are also entitled to demand or pursue recovery by such reasonable measures as to return and modify the profit gained by the User illegally. WheeLog reserves the right to determine discretionary in terms of content of the relevant recovering measures.
Article Ⅻ Disclaimer
1.In case the User breaches the contract or does not follow the procedure specified by WheeLog, WheeLog has no responsibility whatsoever for the loss caused to the User and the third party whether such loss is intentional or negligent or otherwise.
2 Please use the Application on your responsibility and agree in advance to the matters specified respectively below.
(1). Contents of post
WheeLog does not guarantee the accuracy, credibility and legality of information and comments listed in the Application. Please use the information and the comments in the Application in your discretion. WheeLog does not compensate for and is not involved in damages from the information posted (including computer viruses in several contents users created) and troubles among the User.
(2). Restaurant information
WheeLog does not guarantee the accuracy, credibility and legality of the restaurant information listed in the Application. WheeLog recommends you to ask directly to the restaurant about their address, business hours, regular closing day, etc. at the time of making reservation or before going out. WheeLog does not compensate for and is not involved in damages from the restaurant information posted in the Application and troubles among the User.
(3). Accommodation information
WheeLog does not guarantee the accuracy, credibility and legality of the accommodation information listed in the Application. WheeLog recommends you to ask directly to the lodge about their information at the time of making reservation or before going out. WheeLog does not compensate for and is not involved in damages from the restaurant information posted in the Application and troubles among the Users.
WheeLog does not guarantee the accuracy, credibility and legality of the websites operated by third parties and linked to the posts by the User in the Application. Please access the websites in your discretion. WheeLog does not compensate for and is not involved in damages from the links posted in the Application.
(5). Travel logs
WheeLog does not guarantee the accuracy, credibility and legality of the information about the travel logs posted in the Application, which are just recommended routes, and sometimes modify log information without informing the User in our discretion.
WheeLog sometimes modifies/ deletes descriptions about temporary surroundings and comments that show the feelings of who posted without informing the User in our discretion.
3.It is the User’s responsibility to settle and resolve the matter at their own expense and WheeLog has no responsibility whatsoever in case the User receives the inquiry and claim from the third party or in case User has requested, question and claim against the third party’s action while in use of the Application.
4.It is the User’s responsibility to settle and resolve the matter at their own expense and WheeLog has no responsibility whatsoever in case the User has conflict and trouble of any kind with other Users.
5.WheeLog has no responsibility whatsoever for the loss caused to the User or the third party in case the suspension is encountered due to the reasons defined in the Application herein or by other grounds.
6.WheeLog has no responsibility whatsoever for the loss caused to the User or the third party due to the suspension of the Application even in the case of suspension or termination by WheeLog.
7.WheeLog does not guarantee whatsoever to provide the Application without malfunction, non-existence of virus and other safety features of the Application.
8.WheeLog has no responsibility whatsoever for the loss caused to the User due to the reasons given by the telecommunication carrier, electronic industrialist and other business operator.
9.WheeLog has no responsibility whatsoever for the User’s violation of the laws of Japan or laws of other countries by using the Application.
10.WheeLog does not guarantee to provide the identical application permanently because the function and various data in the Application includes some that is still under development.
11.WheeLog reserves the right of possibility to change, suspend or terminate the time period of the administration of the Application.
12.WheeLog will not indemnify against any kind of malfunction or damages caused by the use of the Application.
Article XⅢ Revision of the Agreement
The User agrees in advance that WheeLog shall be able to revise the provision of the Agreement at any time without User’s prior authorization for the smooth management of the Application. The user is deemed to authorize the revised Agreement by using the Application after the revision. WheeLog has no responsibility of whatsoever to the damage caused by the User who did not confirm the revision. The provision of the Agreement generally becomes effective when the Agreement is made open to the public.
Article XⅣ Governing Law and Jurisdiction
The usage of the Application and interpretation of the Agreement shall be governed by the laws of Japan. The User agrees that the Tokyo District Court or the Tokyo Summary Court shall have exclusive primary jurisdiction by consent of the first instance over any lawsuit arising to be necessary in connection with the Application or the Agreement with WheeLog.
Executed on May 19, 2017