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Terms of Use

Article 1 Scope of application

1. These Terms of Use set for conditions for the use of the web service, “Okinawa Tourism Business Matching Website” (hereinafter referred to as the “Website”) managed and operated by the Okinawa Convention & Visitors Bureau (hereinafter referred to as the “Organization”) by individuals and corporations that have completed member registration (hereinafter referred to as “Member(s)”) and people viewing this site (hereinafter referred to as “Users”).

2. The Organization reserves the right to change the content of these Terms of Use without the consent of Members or Users.
The Organization will assume no responsibility whatsoever, for any and all damages incurred by a Member or User, regardless of whether foreseeable or not, as a result of changes or additions to these Terms of Use. Any changes to these Terms of Use shall be deemed to be in effect once they are posted on the Website. It is the responsibility of Members and Users to check the latest Terms of Use posted on the Website.

Article 2 Definitions

The terminology used in these Terms of Use shall have the following meaning.

(1) "Organization" shall mean the Okinawa Convention & Visitors Bureau.

(2) "Website" shall mean the web service, “Okinawa Tourism Business Matching Website” managed and operated by the Organization.

(3) "Services" shall mean services provided by the Organization through the Website.

(4) "Member" shall mean any organization or individual who has agreed to these Terms of Use and registered as a member on the Website in accordance with the prescribed method.

(5) "User" shall mean any organization or individual using this site, including viewing and searching for content on the Website, who has not registered as a member.

(6) "Member Information" shall mean any information concerning attributes of a Member disclosed to the Organization by said Member.

(7) "Contractee" shall mean any Member providing a proposal for a project in response to a project registered on the Website or through a direct request via direct message.

(8) "Contractor" shall mean any Member accepting a proposal from a Contractee responding to a project registered on the Website or through a direct request via direct message.

Article 3 Member registration and cancellation

1. Member registration can only be performed by the organization or individual becoming a member. Registration from other third parties other than said organization or individual will not be accepted. (Registrations from fictitious organizations and/or individuals or other third parties etc.)

2. Members shall register through the Website in accordance with the prescribed procedures after agreeing to all the provisions of these Terms of Use.

3. With the exception of some information, all registered information will be posted on the Website. Members are obligated to ensure they register the most up-to-date information at all times. In the event of changes to registered information, the Member is responsible for logging onto the Website to make the necessary changes.

4. The Organization will assume no responsibility whatsoever for any losses suffered as a result of failure of a Member to register accurate information or to update their registered information. Further, if a notification etc. from the Organization fails to reach a Member as a result of the same, the Organization shall deem the notification to have been received at the time it would have been received under normal circumstances.

5. The Organization shall reserve the right to delete a Member’s registered information or suspend use of Services without disclosing grounds for its decision in the event of any of the following.

(1) In the event of any registered information that is found to be false.

(2) Any other grounds where the Organization deems it necessary to delete registered information or suspend use of the Service.

6. Members cannot, under any circumstances transfer, sell or lend their account to a third party.

7. Members shall reserve the right to suspend the publication of registered information in accordance with the prescribed procedures if they wish not to disclose information published on the Website.

Article 4 Requesting projects (Contractors)

1. Contractors may receive proposals in line with their request from a Contractee by registering a project on the Website or by making a direct request through a direct message. Further, Contractors shall also reserve the right to engage in business discussions with a Contractee.

2. When registering a project they wish to contract out on the Website or making a direct request through a direct message, Contractors are required to enter the details of the project accurately and in an appropriate manner.

3. When a project is registered on the Website, details of the project will be published on the Website. Details of the project will not be published on the Website when a request is made through a direct message.
Please ensure not to include any confidential or personal information in the details of a project. The Organization will assume no responsibility whatsoever or become involved in any dispute that arises as a result of this information being published to the Website.

4. The Organization does not guarantee nor will assume any responsibility whatsoever for the details of a project proposed by or the registered information of a Contractee. Further, The Organization will not become involved in any dispute that arises in connection with the Service. Any such dispute shall be resolved by the involved parties, and said parties shall not accuse the Organization of liability or make any claims for compensation.

Article 5 Accepting projects (Contractee)

1. Contractees shall reserve the right to make proposals on the Website in line with the project details in response to projects registered by a Contractor or direct requests made through a direct message.

2. Contractees shall guarantee that the details of their proposal do not infringe upon the intellectual property rights, including trademark rights and copyrights etc., privacy rights, portrait rights and any other rights of a third party.

3. The Organization will not become involved in any dispute that arises in connection with the Service between a Member, User or any other third party. Any such dispute shall be resolved by the involved parties, and said parties shall not accuse the Organization of liability or make any claims for compensation.

Article 6 Service charges

1. Use of the Website is free. The Organization does not receive any form of payment, including registration fees or commission etc. in line with agreements entered into through the Website.

2. Contractor shall pay the Contractee whose services they have requested in line with the method of payment and any payment conditions determined between the relevant parties. The Organization will not become involved in any dispute that arises in connection with the payment of fees. Any such dispute shall be resolved by the involved parties, and said parties shall not accuse the Organization of liability or make any claims for compensation.

Article 7 Copyrights etc.

The Organization shall reserve the non-exclusive right to post any information registered on the Website to the Website and any other websites and/or publications etc. managed by the Organization free of charge.

Article 8 Prohibited activities

The Organization prohibits any activities related to those outlined below in connection with the Service. The Organization shall deem any of the following activities, regardless of intent or neglect, as a breach of the terms and conditions of these Terms of Use.

(1) Any activity that infringes or may potentially infringe upon the intellectual property rights, including trademark rights and copyrights etc., privacy rights, portrait rights and any other rights of a third party.

(2) Any activity that infringes or may potentially infringe upon the privacy of a third party.

(3) Advertising, promotion or sales activities, public office election campaigns, solicitation of a particular idea or religion or any other similar activity.

(4) Solicitation of pornographic novels, images or sexual relations or the sending of any other material containing pornographic material.

(5) Any activity that promotes or encourages or has the potential to promote or encourage violence, cruelty or criminal activity towards young children and/or adolescents or inhibit healthy development.

(6) Any activities that violate or have the potential to violate laws, regulations or public order and morals.

(7) The sending of any material that contains words or phrases that may be perceived as discriminatory.

(8) Any activity that goes against or has the potential to go against the theme and objectives of the Service.

(9) The sending of an information that makes it possible to identify a particular individual, including their name, e-mail address, address or telephone number etc.

(10) The sending of any inappropriate words or phrases that may be perceived as libel, defamatory, a grievance or discriminatory towards a particular corporation, company, organization, community or individual (including the use of symbols in place of profanities).

(11) The sending of any complaints in relation to the Service or the function it serves.

(12) Any other content and/or expressions deemed inappropriate by the Organization for the Service.

Article 9 Measures following violation of these Terms of Use

1. The Organization shall, at its own discretion, monitor whether Members and/or Users are using the Service in accordance with or engaging in activities or unfair practices that violate these Terms of Use.

2. The Organization shall reserve the right to take any of the following measures or a combination of the same towards a Member and/or User in the event they are found to be violating or potentially violating these Terms of Use, when the Organization deems it necessary following a complaint or claim etc. made to the Organization in relation to use of the Service by a Member and/or User or otherwise when, based on other reasons, the Organization determines that use of the Service by a Member and/or User is inappropriate.

(1) Put a stop to activities that violate or potentially violate these Terms of Use, demand that the same activities not be repeated and seek a court injunction for the same.

(2) Request that the involved parties hold discussions to resolve any complaints or claims etc. (including alternative dispute resolutions procedures).

(3) Demand that a Member and/or User delete information sent to or posted on the Website.

(4) Demand that a Member and/or User delete all or part of information sent to or posted on the Website or otherwise modify it so that it cannot be viewed by other parties.

(5) Claim for compensation for damages.

(6) Any other measures necessary to eliminate activities that violate these Terms of Use or otherwise recover damages incurred by the Organization, Member, User or other third party.

Article 10 Disclaimer

1. The Organization offers no representations in relation to the reliability, accuracy, applicability, credibility, content and/or quality of information posted or sent by Members through the Service. Further, the Organization shall assume no responsibility whatsoever for any damages incurred by a Member, User or any other third party as a result of deleting information in relation to the Service, or otherwise stopping, suspending or discontinuing the Service in accordance with these Terms of Use. In addition, the Organization shall assume no responsibility whatsoever for any other damages incurred by a Member, User or any other third party in connection with use of the Service.

2. The Organization will assume no responsibility whatsoever or become involved in any dispute that arises between a User, Member or any other third party in connection with the Service. In the event of a dispute, it shall be resolved by the parties involved, regardless of whether settled in or out of court and the involved parties shall collectively compensate the Organization for all expenses and damages incurred as a result of said dispute.

3. Any matters not set forth in these Terms of Use shall be determined at the discretion of the Organization.

Article 11 Temporary suspension of the Service

1. The Organization shall reserve the right, in the event of any of the following, to temporarily suspend the Service without prior notice to Members and/or Users.

(1) When performing routine or emergency maintenance on facilities etc. used to operate the Service.

(2) When unable to provide the Service as a result of fire or power outages etc.

(3) When unable to provide the Service as a result of a natural disaster, including earthquakes, volcanic eruption, flooding or tsunami etc.

(4) When unable to provide the Service as a result of war, civil unrest, rioting, conflict and labor disputes etc.

(5) When facilities or systems etc. used by the Organization encounter technical difficulties or it is necessary to perform repairs or maintenance etc.

(6) When otherwise the Organization deems it necessary to temporarily suspend the Service for operational or technical reasons.

2. Unless otherwise specified in these Terms of Use, if, for any of the above reasons or any other reason, provision of the Service is delayed or suspended etc. the Organization shall assume no responsibility for damages incurred by a Member, User or a third party as a result of the same.

Article 12 Compensation for damages

In the event a Member or User causes damages against the Organization as a result of activities that violate these Terms of Use, laws and regulations or unlawful or illegal activities, said Member or User shall be obligated to compensate the Organization for all expenses incurred and said damages.

Article 13 Exclusive jurisdiction

The Naha District Court shall serve as the exclusive court of jurisdiction in the first instance in the event litigation is required to resolve a dispute between a User, Member or the Organization.

Article 14 Governing law

These Terms of Use shall be governed by the laws of Japan.