Kyoto City Tourism Association (hereafter “Our association”), through the City of Kyoto Visitors Hosts search site “Clematis” (hereafter “the Site”), provides a service (hereafter “the Service”) for submitting inquiries to potential City of Kyoto Visitors Host guides and National Guides. The Site is provided based on the following Terms and Conditions (hereafter “the Terms”).
Article 1 — Application of the Terms
Article 2 — Definitions of Terms
1.“Guests” are defined as any individuals or corporations including tourism operators that use the Site to search or submit inquiries to City of Kyoto Visitors Hosts.
2.“Guides” are defined as any City of Kyoto Visitors Host as well as National Guides that uses the Site to transmit information.
Article 3 — User Registration
1.User registration is required for Guests to submit inquiries to Guides through the Site and for Guides to post their personal profiles and other information.
2.Guests and Guides are responsible for appropriately managing their ID and password, including making periodic changes. In the event that an entered ID or password matches a previous br> registration, that registration will be considered as belonging to the Guest or Guide. Our association assumes no responsibility for account abuse committed by others and is not responsible for any resulting damages, etc.
Article 4 — Copyrights
The copyright to any information or material published on the Site is retained by Our association, the Guest, or the Guide. Duplication, reproduction, or other use of the information or material on the Site without permission is strictly prohibited.
Article 5 — Usage Responsibilities
While using the Service, Guests and Guides are prohibited from committing the following actions. Should a Guest or Guide be found committing such acts, Our association reserves the right to refuse use or registration with the Service at the discretion of Our association.
(1) Acts that violate the Terms, any laws or regulations, public order, or morals.
(2) The act of posting false information on the Site.
(3) Acts that defame any third party.
(4) Any other acts Our association determines as inappropriate.
Article 6 — Disclaimers
1.Our association is responsible for providing Guests with Guide information and for providing a service through which Guests can submit inquiries to Guides. Our association does not guarantee the information posted on the Site, nor does it guarantee the satisfaction of transactions between Guests and Guides.
2.Any agreements or transactions performed as a result of using the Service are the responsibility of the Guests and Guides. Any problems or damages that arise thereof shall be resolved by the parties involved and are not the responsibility of Our association.
Article 7 — Changes/Cancellation of Service
Our association reserves the right to change Service details or to cancel the Service without the consent of Guests or Guides. Our association assumes no responsibility for any damages borne by a Guest or Guide as a result. Our association will notify Users about any changes or cancellation of Service details on the Site in advance. However, in an emergency or for minor changes, such a notification may not be provided.
Article 8 — Service Suspension, Stoppage, etc.
1.Our association reserves the right to suspend or stop the Service for the following reasons without the consent of Guests or Guides. Our association assumes no responsibility for any damages borne by a Guest or Guide as a result..
(1) When performing regular or emergency system maintenance or inspection.
(2) When the administration of the Service becomes impossible due to an emergency such as an earthquake, fire, or power outage.
(3) When the Service must be stopped due to an unlawful access by a third party, a computer virus, or the like.
(4) When the Service must be stopped due to measures based on laws or regulations.
(5) Any other time Our association determines the suspension/stoppage of the Service is unavoidable.
2.In addition to the above, Our association assumes no responsibility for Service delays resulting from site maintenance or Service failure, or for damages resulting from use of the Site, including loss of data.
Article 9 —Assignment of Contractual Statuses under the Service Agreement, etc.
1.Guides may not assign, transfer, collateralize or otherwise dispose of any rights or obligations, as set down in the Terms, or contractual statuses to any third parties.
2.In the case of an assignment of any business related to the Service to another company, Our association may transfer any contractual statuses, rights and obligations based on the Terms as well as registration information of Guides and Guests to the assignee. In this section it shall be defined that guides have previously agreed to any such transfers.
Additionally, it shall be assumed that any transfer of business as set down in this section may include not only the transfer of regular business operations, but also the transfer of any other business operations that may occur.
Article 10 — Links
1. In order to post a link to the Site, please contact Our association regarding the content and URL of the linking site and the purpose of the posting the link. Posting of a link may be refused if the purpose of the link is found to be inconsistent with the spirit of the Site.
2. Links from the Site to other web sites may arise through use of the Service. Such linked sites are not managed by Our association and Our association assumes no responsibility for the authenticity of content or for damages arising from use of those sites.
Article 11 — Revision of Terms
Our association reserves the right to revise any aspect of the Terms without the consent of Guests or Guides. Any changes to the Terms will be effective from the time said changes are posted on the Site.
Article 12 — Applicable Laws and Competent Courts
These Terms are subject to Japanese law. Moreover, any disputes related to these Terms, by agreement with the local and magistrate courts of Kyoto, shall be overseen by a court with exclusive jurisdiction.