The provisions of these Terms may be subject to change as needed. When using Tabelog, please refer to the latest version of the Terms.
- 1.Purpose of Tabelog
- The purpose of Tabelog is to enable Users to post public comments, upload images and other information regarding restaurants for other Tabelog Users to use, such as when selecting a restaurant. The information posted by Users on Tabelog shall be collectively referred to as “Word-of-Mouth Information”.
- 2.Member Registration Procedures
A User may use Tabelog only if he/she can establish a valid, binding contract with the Company and only in compliance with the Terms and all applicable local, state, national and international laws, rules and regulations.
When a User creates a Tabelog account, such User agrees to provide the Company with accurate and complete information. The User agrees to provide the Company with up to date contact information so that we know how to reach the User. The Company encourages users to use “strong” passwords (e.g., a combination of upper and lowercase letters, numbers and/or symbols) with the User’s Tabelog account. Tabelog Members are solely responsible for the activity that occurs on their account, and such Tabelog Member agrees to keep their account Sign In and password secure.
The Company takes reasonable attempts to provide security for Users, which includes utilizing Secure Socket Layer (SSL), the current industry-accepted online encryption technology, for Tabelog Member registration to ensure that the information submitted by the registrant is encrypted. Tabelog also utilizes anti-virus software and other protective measures against computer viruses and other malicious content.
- 4.Registration and Management of Sign In Account Information
- 6.Use of Tabelog
In order to access and use Tabelog, you must be 18 years or older. If you are under 18, you are not authorized to use Tabelog and should leave the website immediately.
(2) Reproduction and Resale Prohibited
Tabelog is solely for non-commercial use. No User may use or connect to a part of or the entire Tabelog site for the purpose of any business activity, other profit-making activity or any equivalent act, or preparation for any such activity. In addition, no User may use or connect to Tabelog to promote religious or political activities, or for any other purpose that falls outside the scope of the purpose of Tabelog described in Article 1 above.
Unauthorized reproduction or use of any Word-of-Mouth Information posted on Tabelog is prohibited by any person other than the Tabelog Member that authored such posts.
(3) Change and Suspension of Tabelog
The Company may change its Tabelog service for Users at the Company’s own convenience. Please note that Tabelog may be suspended in the event of a disaster, accident or other emergency situations. The Company shall assume no liability for any damage caused to Users or third parties by changing or suspending Tabelog without obtaining prior approval from Users.
(4) Equipment Needed to Use Tabelog
Users need to connect to the Internet to use Tabelog. In order to do so, Users shall have the responsibility to obtain and operate the necessary equipment and software, at their own expense. The Company will not be involved in, and maintains no responsibility for, Users’ access to the Internet.
(5) Posting of Word-of-Mouth Information, Copyright
- (i) Users must register as a Tabelog Member to post Word-of-Mouth Information on Tabelog.
- (ii) When posting Word-of-Mouth Information, a Tabelog Member shall additionally abide by the guidelines separately prescribed by the Company (the “Guidelines”) available here. The Guidelines shall constitute a part of these Terms and the Terms shall incorporate the Guidelines.
- (iii) At the moment that a Tabelog Member registers with Tabelog, such Tabelog member grants the Company a license to reproduce, publicly transmit, distribute, translate, adapt and enable other uses in the United States of America and overseas under the copyright laws and all other applicable patent, moral, trademark and trade secrets rights, as well as all other intellectual property and proprietary rights “Intellectual Property” laws, including granting of sublicenses to third parties, any Word-of-Mouth Information, free of charge, until the expiration date of the copyright thereto. Please remember that Tabelog is a public platform and that other Users may search for, see and use any Word of Mouth Information that you post on Tabelog.
- (iv) Tabelog Members warrant to the Company that they own all necessary rights to Word-of-Mouth Information under the copyright laws and all other applicable intellectual and proprietary laws, including the rights to reproduce, publicly transmit, distribute, translate and adapt the Word-of-Mouth Information. For this reason, Tabelog Members, prior to posting any Word-of-Mouth Information, must take sufficient care to understand whether or not they hold a copyright to the information to be posted. Tabelog Members shall clear copyright issues, if any, at their own responsibility and at their own expense, and the Company assumes that such rights clearance has been performed. For this reason, Tabelog Members must also take sufficient care when using any work of a third party. The Company values and respects the rights of third party creators and content owners, and expects you to do the same. Users therefore agree that any Word-of-Mouth Information that posted by them does not and will not violate any law or infringe the rights of any third party, including but not limited to any Intellectual Property rights, publicity rights, or rights of privacy. The Company therefore asks Tabelog Members to be careful when deciding whether to make Word-of-Mouth Information available on Tabelog.
- (v) The Company or a third party sublicensed by the Company, may use Word-of-Mouth Information posted by Tabelog Members by offering content to the Company’s partner sites. In such a case, the Word-of-Mouth Information posted by Tabelog Members may be partly modified, for example, by summarizing or extracting part of the information or by resizing or clipping any photo or image posted. In the event of using Word-of-Mouth Information of Tabelog Members, such Tabelog Members’ user-IDs may be displayed.
- (vi) The use of Word-of-Mouth Information by the Company or a third party sublicensed by the Company shall not be subject to any regional restriction, copyright notice obligation or other supplementary conditions and the period of licensing from Tabelog Members shall last until their copyright expires. No royalty or other compensation shall be owed or payable to any User or Tabelog Member.
- (vii) The Company shall assume no liability for any damage caused to Tabelog Members or any third party as a result of the Company or a third party using Word-of-Mouth Information posted by Tabelog Members.
(6) Linkage with Outside Services Regarding Posting of Word-of-Mouth Information
- (i) By using a Sign In account with Facebook or any other outside service (“Outside Service”) to post Word-of-Mouth Information on Tabelog, such Tabelog Member agrees that the Company (1) may obtain information regarding the Tabelog Member from the Outside Service and may display this information on the Tabelog service and (2) may send an e-mail message to the Tabelog Member registered with the Outside Service for the purpose of notification on the Tabelog service.
In addition, in the event the Tabelog Member uses any linked function with an Outside Service, this Tabelog Member agrees that, in connection with such link, the Company (3) may post, on the Outside Service on the Tabelog Member’s behalf, the Word-of-Mouth Information that the Tabelog Member has created on Tabelog service and (4) may add on the Outside Service, on the Tabelog Member’s behalf, the URL of the web page related to the Word-of-Mouth Information.
Please note that in this case, the Word-of-Mouth Information may be partially summarized or excerpted, and any posted photos (images) may be resized, cropped, or otherwise partially modified. Also, if the Tabelog Member logs in using a linked function, the Tabelog Member permits the Company to connect to data, and the Tabelog Member may take advantage of the linked function only when the Tabelog Member confirms the request and grants permission to such requests.
- (iii) Tabelog Members use any Outside Service at their own risk. The Company accepts no liability for any damage arising from the use of the Outside Service, for any conflict with the operator, any user or other party related to the service or for all other matters related to the Outside Service.
- (iv) Upon the written request of a Tabelog Member, the Company shall delete such Member’s information received from Facebook, Inc.
(7) Conditions for Using Tabelog
By using Tabelog, Users consent to the Terms. Users who do not consent to the Terms are not authorized to use Tabelog.
- 7.Disclaimers of Liability
Users use Tabelog at their own risk. By using Tabelog, Users specifically agree to the provisions set out in the items below.
TABELOG AND ALL SERIVCES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OF USAGE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF TABELOG, CONTENT, AND WORD-OF-MOUTH INFORMATION REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE SERIVCES, CONTENT, WORD-OF-MOUTH INFORMATION, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF TABELOG OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF TABELOG, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR WORD-OF-MOUTH INFORMATION EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDEMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND THE USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO ALL USERS.
The Company does not warrant, represent, nor guarantee that any restaurant information on Tabelog is accurate or up-to-date or that any featured restaurant remains in operation or maintains any particular quality. Prior to making any reservation with, placing any order with or visiting any particular restaurant, Users are advised to directly contact the restaurant by phone or by other means to check all relevant information including its location and hours of operation. The Company is not liable for any damage incurred by Users arising from information on any restaurant found on Tabelog and shall not be involved in any problems between Users or between Users and any restaurant. If the information on any featured restaurant is incorrect, please contact this address:
(2) Word-of-Mouth Information
Word-of-Mouth Information is created by Tabelog Members and does not reflect the Company’s views. The Company does not give any warranty on any Word-of-Mouth Information, and Users shall use it at their own risk and discretion. The Company shall not be liable for any damage incurred by Users arising from any Word-of-Mouth Information, and any damage caused by any virus or malicious code attributable to any content created by any User, including but not limited to Word of Mouth Information. The Company shall not mediate or otherwise be involved in disputes between Users or Tabelog Members.
(3) Linked Destination Websites
The Company provides no warranty, representation nor guarantee with respect to third-party websites that are linked from Tabelog. Users shall use any of these websites at their own risk and discretion. The Company shall not be liable for any damage occurring at or arising from any linked destination and shall not mediate or otherwise be involved in problems between Users.
(4) Deletion of Word-of-Mouth Information
The Company does not guarantee that Word-of-Mouth Information posted by Tabelog Members will be posted or remain posted on Tabelog. While Tabelog is a community integrating Word-of-Mouth Information posted by Users on their own responsibility, in order to assure the satisfaction of all Users, the Company may delete from Tabelog any Word-of-Mouth Information that falls under or resembles any of the items listed below without any prior notice. Whether or not any Word-of-Mouth Information is subject to deletion shall be at the sole discretion of the Company. The Company, however, shall not delete or take any other action with respect to any Word-of-Mouth Information published on any linked Outside Service in accordance with the provisions in Section 6, subsection 6, given that the information is displayed on a service or website operated by a third party.
Word-of-Mouth Information that may be subject to removal:
- (i) Any information posted in any language other than English
- (ii) Any information that violates the Guidelines
- (iii) Any information that violates public order and morality
- (iv) Any information that does not suit the purpose of Tabelog or that is not related to any type of business covered by Tabelog
- (v) Any information that contains any hazardous program, script or any other form of code or contents
- (vi) Any information that is aimed at generating profits, proposes any personal transaction or transfer or is related to advertising
- (vii) Any information aimed at receiving money, goods or equivalent services
- (viii) Any information that the Company considers obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
- (ix) Any information that the Company, upon the request from the User who posted the information at issue, decides to remove at its sole discretion.
- (x) Any other information that disrupts the management and operation of Tabelog or that is deemed inappropriate by the Company
Users agree to indemnify and hold harmless the Company and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including the costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of Tabelog, (ii) User’s Word-of-Mouth Information, or (iii) User’s breach of any of these Terms.
- 9.Copyright, Property Rights and Other Rights
- (1) The Company allows users to post content on Tabelog, including comments and other materials. Copyright, trademark rights, other intellectual property and other proprietary rights to all content, information, trademarks, images, advertisements, and designs contained in Tabelog are owned by the Company and their respective rightful holders.
- (2) Users agree not reproduce, edit, modify, publish, reprint, publicly transmit, distribute, sell, provide, translate, or adapt Word of Mouth Information or any Website content, except when such content is licensed for such use by the Company or a third party owning the copyright or other intellectual property rights, or when such use is authorized by laws and regulations without a license obtained from the rightful holder.
- (4) Users may access Tabelog and use the Intellectual Property found on Tabelog to the extent permitted under the Terms. Except for Word-of-Mouth Information, Tabelog itself, all content and other subject matter included on within Tabelog, and all Intellectual Property rights in or related to Tabelog is the property of the Company or its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit such content without the Company’s permission. Subject to the terms and conditions of these Terms and our Guidelines , we grant Users a license to use Tabelog, including accessing and viewing the Word-of-Mouth Information for your personal, noncommercial use to allow Users to express yourself, discuss issues, and report on issues of public concern. The Company may terminate the license at any time for any reason or no reason. Except for the rights and licenses expressly granted, the Company reserves all other rights and no other rights are granted by implication or otherwise.
- (5) Digital Millennium Copyright Act
The Company respects the Intellectual Property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the Company will respond expeditiously to claims of copyright infringement committed using the Website if such claims are reported to the Company’s Designated Copyright Agent identified in the sample notice
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringementand delivering it to the Company’s Designated Copyright Agent. Upon receipt of notice, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
(1) Users shall be prohibited from conducting any of the acts specified below in connection with using Tabelog:
- (i) Copying by means of replication or other method, reproduction, transmission, transfer, distribution, resale or storage for any of these purposes of any information provided on Tabelog without prior approval from the Company, except where it is specially authorized by laws and regulations, by these Terms or the Guidelines
- (ii) Violation of these Terms or the Guidelines
- (iii) Violation of public order and morality
- (iv) Any act that leads to or encourages any illegal, criminal or seriously dangerous act
- (v) Infringement of any Intellectual Property right, which includes but is not limited to copyright, design right, utility model right, trademark right, patent and know-how, owned by the Company, any other User or any third party
- (vi) Actual or possible infringement of the rights or interests of any other User or third party
- (vii) Disruption of Tabelog operations or impairment of the reputation of the Company
- (viii) Submission of false information, including at the time of Tabelog Member registration
- (ix) Creating more than one Tabelog Member account for any individual person
- (x) Unauthorized use of any Sign In account or any act allowing their use by any other User or third party
- (xi) Any other act that is deemed inappropriate by the Company
(2) The Company may deactivate the Sign In Account, suspend access, or apply other measures that are deemed appropriate by the Company (“Access Suspension Measures”) in connection with any User conducting any act that described in the preceding paragraph or any act that is deemed inappropriate by the Company in light of the objective and purpose of Tabelog. The Company shall exercise its own discretion when applying Access Suspension Measures and making a judgment irrespective of whether or not the User is responsible for the act, and under no circumstances shall the Company provide to the User the reasons for applying the Access Suspension Measures. In addition, the Company shall assume no liability for any damage caused to the User arising from the Access Suspension Measures.
- 11.Withdrawal Procedures
(1) Any Tabelog Member wishing to withdraw his or her membership from Tabelog shall email the Websiteand request that their membership be terminated. We may permanently or temporarily terminate or suspend any User account or access to Tabelog for any reason, without notice or liability to the User, including if in our sole determination the User violates any provision of our Guidelines or these Terms, or for no reason.
(2) Any Tabelog Member shall be treated as having automatically withdrawn from Tabelog when his or her Sign In Account is deactivated, for whatever reason.
(3) Upon withdrawal, the Tabelog Member shall lose all the rights and privileges associated with his or her Tabelog Member account with the Company.
(4) Tabelog Members agree that their withdrawal from Tabelog may not result in the removal of Word-of-Mouth Information that they have posted and even if it is no longer publicly available, that the Company may retain your Word-of-Mouth Information or other data for a commercially reasonable period of time for backup, archival,audit or other commercial purposes.
(5) After completion of any Tabelog Member’s withdrawal procedures or after termination of the agreement between the Company and any Tabelog Member pursuant to these Terms, the provisions in Section 4 (Registration and Management of Sign In Account Information), Section 5 (Privacy), paragraphs (1), (2), (3), (5) and (6)(iii)(iv) of Section 6 (Use of Tabelog), Section 7 (Disclaimers of Liability), Section 8 (Indemnity), Section 9 (Copyright, Property Rights and Other Rights), Section 10 (Prohibitions), Section 13 (Governing Law and Court of Jurisdiction), Section 14 (No Waiver), and Section 15 (Entire Agreement/Severability) shall remain in effect.
- 12.Revision to the Terms
- 13.Governing Law and Court of Jurisdiction
These Terms shall be construed in accordance with the laws of the State of New York without regard for conflicts of laws principles. If any legal action is necessary in connection with these Terms, Users agree that the exclusive forum for any suit, action or other proceeding arising out of or in any way related to these Terms shall be in the state or federal courts in New York County in the State of New York, and that the Company agrees to exclusive personal jurisdiction in any court located in New York County, State of New York.
- 14.No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- 15.Entire Agreement/Severability
These Terms, together with any amendments and any additional agreements you may enter into with the Company, shall constitute the entire agreement between you and the Company concerning Tabelog. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
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