Use Policy

Skylight Consulting Inc. (hereinafter referred to as “Skylight”) hereby sets forth the terms of use as described below (hereinafter referred to as these “Terms of Use”) with respect to the use of “YouCoJAPAN” which is the service provided by Skylight (hereinafter referred to as “YouCoJAPAN”). Any customer viewing and using YouCoJAPAN (hereinafter referred to simply as the “Customer”) shall use YouCoJAPAN after agreeing to the Terms of Use in advance. As the contents of these Terms of Use are subject to change as needed from time to time, the Customer is kindly requested to refer to the most recent version of these Terms of Use prior to using YouCoJAPAN.

1. Service of YouCoJAPAN

YouCoJAPAN is primarily intended to be used by the Customer as a reference for selecting food articles, restaurants, lodging facilities and sightseeing spots on which Skylight assigns and publicizes its independent ratings.

Skylight currently provides the Customer with the service of assisting in online search for food articles, restaurants, lodging facilities and sightseeing spots, but may at its own discretion add, change or delete various services in the future.

Skylight currently permits the Customer to gain access to the service provided by YouCoJAPAN, but will not in any manner guarantee the content or secure provision of the service, outcome of the access, fitness for particular purposes, merchantability, usefulness, etc., nor will Skylight assume any liability whatsoever for any damage that may be caused by the Customer’s downloading or access made or gained through the service on the YouCoJAPAN site.

Skylight will not assume any liability whatsoever for any breakdown, delay, suspension of the system or data loss due to a failure in the telecommunication line, the computer, etc., for any damage caused by a fraudulent access to the data, or for any damage that the Customer may otherwise suffer in connection with the service provided on the YouCoJAPAN site. Skylight will not warrant that computer viruses and other harmful things are not contained in the mail, contents, etc. sent from YouCoJAPAN’s webpage, server, domain, etc.

Skylight will provide the Customer with information and advice as appropriate, but will not assume any liability whatsoever for providing such information or advice.

2. Use of YouCoJAPAN

  1. Prohibition of diversion or resale of YouCoJAPAN
    The Customer may not use or gain access to YouCoJAPAN provided by Skylight, in whole or in part, for the purpose of conducting business activities other than those approved by Skylight, other for-profit acts, acts similar to or in preparation for such for-profit acts. The Customer may not use or gain access to YouCoJAPAN for the purpose of conducting religious or political activities.
  2. Change or suspension of YouCoJAPAN
    Skylight may change contents or function of YouCoJAPAN provided by it to the Customer according to its own convenience. Please note in advance that Skylight may suspend provision of YouCoJAPAN in the event that a disaster, an accident or any other emergency breaks out. Skylight will not compensate the Customer or any third party in any manner whatsoever if the Customer or a third party suffers any damage as a result of Skylight’s changing or suspending YouCoJAPAN.
  3. Equipment necessary for the use of YouCoJAPAN
    In order for the Customer to use YouCoJAPAN, it will be necessary to gain access to the website. In order to gain access to the website, it will be necessary for the Customer to properly procure and operate the necessary equipment and software at the Customer’s own risk and cost. Skylight will not be involved the works and methods of the Customer’s preparation for gaining access to the website in any manner whatsoever.
  4. Veracity and lawfulness of information provided by the Customer via YouCoJAPAN
    The Customer shall represent and warrant that any and all pieces of information provided by the Customer via YouCoJAPAN and any and all pieces of information furnished by the Customer at the time of membership registration are true, correct and lawful.
  5. Membership registration in YouCoJAPAN
    In YouCoJAPAN, Skylight may provide exclusive services for members by establishing a membership registration system, in which case Skylight will issue to each Customer an ID and a password to enable him/her to be provided with such exclusive services for members.

The Customer shall properly manage the ID and the password issued from Skylight, and may not assign or loan such ID or password to any third party or allow any third party to use such ID or password.

Skylight shall be entitled to deem any and all acts performed with the use of the ID and password issued to the Customer to be the acts performed by the Customer who has been issued said ID and password, except where said ID and password are used by a third party due to a cause attributable to Skylight.

3. Rights Associated with YouCoJAPAN

  1. Any and all of the copyrights, trademark rights, other intellectual property rights and any and all other property rights associated with the contents, individual information, trademarks, images, advertising, designs, etc. contained in YouCoJAPAN belong to Skylight or their rightful holder.
  2. Any and all pieces of software being used in association with YouCoJAPAN contain the intellectual properties that are protected by the laws and ordinances governing intellectual property rights.
  3. The Customer may not duplicate, edit, modify, post, reprint, publicly transmit, distribute, sell, provide, translate, adapt, obtain advantage from or otherwise use YouCoJAPAN or the content of YouCoJAPAN in any manner whatsoever unless the Customer is expressly permitted by Skylight or a third party holding the copyrights, other intellectual property rights and other property rights or unless the Customer is permitted by law to obtain advantage or use same without permission from the right holders.
  4. Skylight will not assume any liability whatsoever for any damage that the Customer may suffer from performing acts running counter to any of the provisions of the preceding three paragraphs. In the event that the Customer obtains any benefits from said acts, Skylight will be entitled to claim an amount equivalent to such benefits.

4. Copyright in Transmitted Content

The reviews, comments and questions on the ratings of food articles, restaurants, lodging facilities, sightseeing spots, etc. and any and all other pieces of the content transmitted from the Customer to Skylight (hereinafter referred to as the “Transmitted Content”) will be handled in the following manner.

The copyright in the Transmitted Content will belong to the Customer. The Customer warrants that the Transmitted Content constitutes the Customer’s own creation and does not contain the copyright or any other rights of any third party; provided, however, that if, by exceptional necessity, any copyrighted work of a third party is included in the Transmitted Contents, the Customer shall manage relations of right necessary for the use of said copyrighted work at its own risk and cost.

Concurrently with providing Skylight with the Transmitted Content, the Customer shall permit Skylight to freely use the Transmitted Content (including reproduction, public transmission, translation, adaption or any other form of use permitted under the applicable Copyright Act; and including the authority for permission of sublicense as granted from Skylight to a third party) within the boundaries necessary for operation and provision of YouCoJAPAN. In connection with this act of use, the Customer shall not assert his/her moral rights of author under the applicable Copyright Act (including but not limited to right to make a work public, right to determine the indication of an author’s name, and right to maintain integrity), except where said act of use is found detrimental to the honor or reputation of the Customer. Said act of use is not subject to territorial restrictions, copyright indication duty or any other auxiliary conditions. The term of said act of use shall be for the period of duration the copyright in the Transmitted Content, and no royalty or consideration of any other form shall accrue.

5. Prohibited Acts

  1. In using YouCoJAPAN, the Customer is prohibited from:
  2. photocopying, or otherwise reproducing, duplicating, forwarding, assigning, distributing or reselling any information provided by YouCoJAPAN, or taking custody of said information for the purposes stated above, without the prior consent of Skylight;
  3. contravening these Terms of Use or guidelines;
  4. being offensive to public order and morality;
  5. committing or encouraging an illegal act, criminal act or seriously dangerous act;
  6. infringing upon any of the intellectual property rights of Skylight, another Customer or a third party (including, but not limited to, copyright, design right, utility model right, patent right and know-how);
  7. illegally trespassing or being likely to trespass the rights or interests of another Customer or a third party;
  8. interfering with the operation of YouCoJAPAN or tarnishing the credibility of Skylight; or
  9. otherwise committing an act that Skylight may find improper.
  10. In the event that the Customer commits any of the acts specified in the items of the preceding paragraph or any act that Skylight may find improper in light of the intent and purpose of YouCoJAPAN, Skylight shall be entitled to suspend the Customer’s use of YouCoJAPAN or otherwise take an action as it will see fit (hereinafter referred to as the “Use Suspension Action”). Skylight may take the Use Suspension Action at its sole discretion/judgment irrespective of whether or not the Customer is responsible, and Skylight makes it a policy not to give any explanation whatsoever on why it has decided to take such Use Suspension Action. In addition, Skylight will assume any liability for any damage that the Customer may suffer as a result of said Use Suspension Action.

6. Exemption and Non-Guarantee

The Customer may use YouCoJAPAN at his/her own risk. These Terms of Use are subject to your agreeing and accepting the following conditions in advance:

  1. Information on food articles
    Skylight will not guarantee information on any of the food articles posted in any manner whatsoever. We recommend that you check food compositions and other relevant information directly with manufacturers or marketers by phone or other means. Skylight will not compensate the Customer for any damage whatsoever that he/she may suffer from the information on the food articles posted or get involved in any dispute between the Customers in any manner. If the information on the food articles posted is incorrect, please contact us here.
  2. Information on restaurants, lodging facilities and sightseeing spots
    Skylight will not guarantee information on any of the restaurants, lodging facilities or sightseeing spots posted in any manner whatsoever. We recommend that you directly confirm the addresses, business hours, regular holidays, etc. by phone or other means with stores, etc. when making a reservation or before departing for your destinations. Skylight will not compensate the Customer for any damage whatsoever that he/she may suffer from the information on the restaurants, lodging facilities or sightseeing spots posted or get involved in any dispute between the Customers in any manner. If the information on the restaurants, lodging facilities or sightseeing spots posted is incorrect, please contact us here.
  3. Ratings
    Skylight will not guarantee any of the ratings provided by it in any manner. Please use the information at your own discretion and risk. Skylight will not compensate the Customer for any damage whatsoever that he/she may suffer from the ratings provided by it or from any dispute between the Customers in any manner.
  4. Links
    Skylight may from time to time provide hyperlinks from within YouCoJAPAN to other websites and resources or provide hyperlinks from third-party websites and resources to the YouCoJAPAN site, in which case Skylight does not manage such third-party sites or resources and hence does not compensate the Customer for any damage that he/she may suffer as a result of using such hyperlinks or get involved in any problem that may arise from or in connection with his/her use of such hyperlinks. We suggest that the Customer concerned separately check the terms of use of such third-party sites and resources.
  5. Map information
    Skylight will not guarantee map information on the locations of the restaurants posted in any manner. The map information is provided by Google Inc. and is subject to the terms of use and the privacy policy established by Google Inc.
  6. Restriction on damages
    Notwithstanding the provisions of each of the preceding items, in cases where the Customer is a consumer and suffers any damage as a result of Skylight’s non-performance of its obligations, Skylight will compensate the Customer concerned only for the general damages that he/she may directly and actually suffer, except where the Customer suffers any damage as a result of Skylight’s non-performance of its obligations due to its willfulness or gross negligence.

7. Privacy

Prior to providing YouCoJAPAN, Skylight will obtain the following information from the Customer:
When filling in comments and enquiry form:

[1] Email address

Skylight will use the above mentioned information for the following purpose:

[1] For providing services relating to YouCoJAPAN

In addition to the above, any information that Skylight may obtain on the Customer will be handled in accordance with Skylight’s Privacy Policy.

8. Amendment

Skylight will amend these Terms of Use as needed. At the time of each such amendment, Skylight will not be able to inform each individual Customer. Therefore, please make sure to confirm these Terms of Use each time you use the YouCoJAPAN site. If you use the YouCoJAPAN site after any amendment is made, we will assume that you have consented to the amended Terms of Use.

9. Governing Law and Jurisdiction

These Terms of Use shall be interpreted and construed in accordance with the laws of Japan, and, Skylight and the Customer hereby consent to the exclusive jurisdiction of the Tokyo District Court for the first instance in the event that it becomes necessary to file a lawsuit in connection with these Terms of Use.

 

November 5, 2014