Terms of Use

Article 1: General

1. These Terms govern the rights and obligations between the Company and users and registered users in relation to the Service (defined in Article 2), and apply to every aspect of their use of the Service.

2. Rules and provisions concerning the Service that the Company posts on the Company Website (defined in Article 2) from time to time form part of these Terms.

Article 2: Definitions

In these Terms the following terms have the meanings below.

(1) "Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights and other intellectual property rights (including the right to obtain or apply for registration of them).

(2) "Company Website" means the websites operated by the Company under the domain "yazine.jp" and its subdomains (including the successor website if the domain or content changes for any reason).

(3) "Applicant" means a person defined as such in Article 3.

(4) "Registration Information" means the information defined as such in Article 3.

(5) "Registered User" means an individual or entity registered as a user of the Service under Article 3.

(6) "Service" means the web service "YAZINE" (a logbook for outdoor play) provided by the Company (including the service after any change of name or content).

(7) "Usage Agreement" means the agreement for use of the Service under these Terms that is formed between the Company and a Registered User under Article 3, paragraph 3.

(8) "User" means everyone who uses the Service.

(9) "Posted Content" means records, text, photos, GPS logs (track data), location data, comments and any other information that a User posts or registers on the Service.

Article 3: Registration

1. A person who wishes to become a Registered User (an "Applicant") shall agree to these Terms and apply by the method set by the Company (entering an email address and confirming the link sent to that address).

2. The Applicant shall provide true and accurate information ("Registration Information") and shall register only an email address at which the Applicant can receive mail. You must not enter another person's email address without permission.

3. Registration is complete when the Applicant opens the link the Company sent to the email address above; at that moment a Usage Agreement under these Terms is formed between the Company and the Registered User.

4. The Company may refuse registration, or cancel it afterwards, if the Applicant falls under any of the following:

(1) The Registration Information is found to be false.

(2) The Applicant has previously had a registration cancelled for violating these Terms or similar reasons.

(3) The Applicant is, or is judged by the Company to be connected with, an antisocial force (organized crime groups and similar).

(4) The Company otherwise considers registration inappropriate.

5. People who registered with the former services ("Outdoor Magazine YAZINE" and "Weekend Yajin") may carry over their registered content (records, follows, etc.) by the method set by the Company, such as confirming the email address they registered. In that case too, you use the Service on the basis that you agree to these Terms.

Article 4: Changes to Registration Information

If Registration Information changes, the Registered User shall promptly notify the Company by the method set by the Company and submit any documents the Company requests.

Article 5: Managing your email address and login links

1. Registered Users shall, at their own responsibility, manage and safeguard their registered email address, the login links sent by email and related credentials, and shall not allow third parties to use them or lend, transfer, change the name on, or sell them.

2. Registered Users are responsible for damage caused by inadequate management of the email address or login links, errors in use, or use by third parties; the Company is not liable except in cases of the Company's intent or gross negligence.

3. If a login link becomes known to another person or is found to be used by a third party, the Registered User shall immediately notify the Company and follow its instructions.

Article 6: Handling of personal information

The Company handles Users' personal information in accordance with the separately provided Privacy Policy (https://valeur3.com/privacy.php).

Article 7: Use of the Service

1. A Registered User may use the Service only while validly registered, within the purposes of these Terms and in compliance with them, by the methods set by the Company.

2. Computers, smartphones, software, other equipment, communication lines and other environment needed to receive the Service shall be prepared and maintained at the Registered User's own cost and responsibility.

Article 8: Posted Content

1. When posting, a User can choose the visibility of Posted Content (public or private). Public Posted Content can be viewed by third parties including people who are not Registered Users, and may become widely known through search engines and the like.

2. GPS logs (track data), location data and location data embedded in photos may reveal a User's home, workplace or daily range of activity. Users shall check the content before publishing and set its visibility at their own responsibility.

3. Users warrant that they have the right to post their Posted Content and that it does not infringe the rights of third parties (copyright, portrait rights, privacy, rights of land or facility managers, etc.). Please obtain consent from people who appear in photos.

4. The Company will not make private Posted Content public beyond what is needed to provide, maintain and troubleshoot the Service and to prevent abuse (except where required by law).

Article 9: Safety notice

1. Outdoor activities such as paragliding, hang gliding, mountaineering, cycling, fishing and skiing involve the risk of accident, injury and death. The Service is for recording and sharing activities; it does not judge whether an activity is safe, lawful or should be carried out.

2. The Company does not guarantee the accuracy, completeness, timeliness or safety of area information, other Users' Posted Content, flight logs, weather or other information on the Service. Even if you use it as a reference, deciding whether to go or stop, and checking equipment, skill and weather conditions, and the outcome, are your own responsibility.

3. Users shall comply with the laws of the region where they act and with the rules set by land or facility managers and relevant organizations (including flying-site rules).

Article 10: Prohibited conduct

1. Registered Users shall not do any of the following when using the Service:

(1) Infringing the Intellectual Property Rights, portrait rights, privacy, reputation or other rights or interests of the Company, other Users or third parties (including causing such infringement directly or indirectly).

(2) Acts related to crime or contrary to public order and morals.

(3) Defaming other Users or third parties.

(4) Sending information containing computer viruses or other harmful programs.

(5) Acts that may interfere with the Company's operation of the Service (including unauthorized access to servers or networks, placing excessive load, and bulk collection of information by automated means).

(6) Entering or registering another person's email address without permission, or impersonating another person.

(7) Posts that encourage unlawful acts or acts endangering life or health.

(8) Commercial advertising, solicitation or similar acts without the Company's permission.

(9) Any other act the Company considers inappropriate.

2. If the Company judges that information sent by a Registered User falls or may fall under any item above, it may delete all or part of that information without prior notice. The Company is not liable for damage caused to Registered Users by measures taken under this paragraph, except in cases of the Company's intent or gross negligence.

Article 11: Suspension of the Service

1. The Company may suspend or interrupt all or part of the Service without prior notice in any of the following cases:

(1) Regular or emergency inspection or maintenance of the computer systems for the Service.

(2) Computers or communication lines stop due to an accident.

(3) The Service cannot be operated due to force majeure such as fire, power failure or natural disaster.

(4) The Company otherwise judges suspension or interruption necessary.

2. The Company may end the Service for its own reasons. In that case the Company will notify Registered Users in advance.

3. The Company is not liable for damage caused to Registered Users by measures taken under this Article, except in cases of the Company's intent or gross negligence.

Article 12: External services and downloads

1. The Service may use services provided by third parties for maps and 3D display, image delivery, email sending and so on. When a Registered User uses an external service with an API key or the like that they obtained themselves (for example for 3D replay of logs), the fees and other conditions follow that service's terms and are borne by the Registered User.

2. When installing software on their computer by download from the Company Website or other means, Registered Users shall take sufficient care to avoid loss or alteration of their data or failure or damage of their equipment; the Company is not liable for such damage, except in cases of the Company's intent or gross negligence.

Article 13: Rights

1. In principle, the copyright in information a User posts on the Service belongs to the User who posted it.

2. Users grant the Company a free, non-exclusive license to reproduce, use, edit, adapt, publish, republish, transmit to the public, screen, exhibit, provide, sell, transfer, lend, translate and adapt the information they post, and the rights of the original author concerning derivative works (the rights under Articles 21 to 28 of the Copyright Act of Japan, including commercial use).

3. Users permit the Company to sublicense the rights in the preceding paragraph to other Users, only within the scope of the Service.

4. To improve, promote and encourage use of the site, Users permit editing of posted content by other Users, delivery to metadata and the like, publication on the Company's sites and publication on sites with which the Company is affiliated.

5. The Company may freely review Posted Content, decide whether to publish it, and edit or delete it.

6. For private Posted Content, the licenses in paragraphs 2 to 4 are limited to what is necessary to provide and operate the Service.

Article 14: Cancellation and withdrawal

1. The Company may temporarily suspend a Registered User's use of the Service or cancel the registration, without prior notice, in any of the following cases:

(1) The user violates any provision of these Terms.

(2) The Registration Information is found to be false.

(3) The Service has not been used for 36 months or more and the user does not respond to the Company's contact.

(4) Any item of Article 3, paragraph 4 applies.

(5) The Company otherwise considers continued registration inappropriate.

2. The Company is not liable for damage caused to Registered Users by actions under this Article, except in cases of the Company's intent or gross negligence.

3. A Registered User may cancel their registration (withdraw) by notifying the Company by its prescribed method at least one day in advance.

4. After a registration is cancelled or the user withdraws, the Company may delete or anonymize that user's Posted Content after a period the Company reasonably considers necessary.

Article 15: Disclaimer of warranties

1. The Company gives no warranty of any kind regarding the Service. Even where a Registered User obtains information about the Service or other Registered Users from the Company directly or indirectly, the Company gives no warranty beyond what is stated in these Terms.

2. Registered Users shall investigate at their own responsibility and cost whether their use of the Service violates laws or internal rules of industry bodies applicable to them; the Company does not warrant that their use complies with them.

3. Transactions, communications and disputes between a Registered User and another Registered User or a third party in connection with the Service or the Company Website shall be handled and resolved by the Registered User at their own responsibility; the Company bears no responsibility.

4. The Company is not liable for interruption, suspension, termination, unavailability or change of the Service, deletion or loss of messages or information, cancellation of registration, loss of data or failure or damage of equipment through use of the Service, accidents during outdoor activities, or any other damage suffered in connection with the Service.

5. Even if links are provided from the Company Website to other websites or from other websites to the Company Website, the Company bears no responsibility whatsoever for those websites or the information obtained from them.

6. The preceding paragraphs do not apply where the Company acts with intent or gross negligence or where exemption is otherwise not permitted by law.

Article 16: Disputes and damages

1. A Registered User who causes damage to the Company by violating these Terms or in connection with use of the Service shall compensate the Company for that damage.

2. The Company is not liable for damage suffered by Registered Users in connection with the Service, except in cases of the Company's intent or gross negligence.

Article 17: Confidentiality

1. "Confidential Information" means all information on the Company's technology, business, operations, finance, organization and other matters that a Registered User was given or disclosed by the Company, in writing, orally or on media, or came to know, in connection with the Usage Agreement or the Service; excluding:

(1) information already publicly known or already known to the user when provided, disclosed or learned;

(2) information that became public through publication or otherwise after being provided, disclosed or learned, through no fault of the user;

(3) information lawfully obtained from a third party with the right to provide it, without a confidentiality obligation;

(4) information independently developed without using the Confidential Information;

(5) information that the Company has confirmed in writing need not be kept confidential.

2. Registered Users shall use Confidential Information only for the purpose of using the Service and shall not provide, disclose or leak it to third parties without the Company's written consent.

3. Notwithstanding the preceding paragraph, a Registered User may disclose Confidential Information if ordered or requested by law, a court or a government agency, but shall promptly notify the Company of such an order or request.

4. Whenever the Company requests, Registered Users shall promptly return or destroy Confidential Information, documents and media containing it, and all copies, as the Company instructs.

Article 18: Term

The Usage Agreement remains in force between the Company and the Registered User while the Service is provided, from the date registration under Article 3 is completed until the date the registration is cancelled.

Article 19: Changes to the Terms

1. The Company may freely change the content of the Service.

2. The Company may change these Terms (including rules and provisions concerning the Service posted on the Company Website). When it changes them, it will notify Registered Users by posting on the Company Website or another method it considers appropriate; if a Registered User uses the Service after the notice, or does not cancel their registration within the period set by the Company, they are deemed to have agreed to the change.

Article 20: Contact and notices

Inquiries and other contact or notices from Registered Users to the Company, and notices from the Company to Registered Users including notice of changes to these Terms, shall be made by the methods set by the Company. The contact point is posted on the Company Website (https://valeur3.com).

Article 21: Assignment

1. A Registered User shall not transfer, assign, pledge or otherwise dispose of their position under the Usage Agreement or their rights or obligations under these Terms without the Company's prior written consent.

2. If the Company transfers the business of the Service to another company, it may transfer its position under the Usage Agreement, its rights and obligations under these Terms and Registered Users' Registration Information and other customer information to the transferee, and Registered Users agree to such transfer in advance. This includes corporate splits and any other case where the business is transferred.

Article 22: Severability

Even if any provision of these Terms or part of it is held invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions and the remainder of the affected provision remain in full force, and the Company and Registered Users shall endeavour to amend the invalid or unenforceable provision to the extent necessary to make it lawful and enforceable, securing legally and economically equivalent effect.

Article 23: Survival

Article 5, paragraph 2; Article 10, paragraph 2; Article 11, paragraph 3; Article 12; Article 13; Article 14, paragraphs 2 and 4; Article 15 through Article 17; and Article 21 through Article 25 survive termination of the Usage Agreement. However, Article 17 survives only for one year after termination.

Article 24: Governing law and jurisdiction

These Terms are governed by the laws of Japan, and the Tokyo District Court is the exclusive agreed court of first instance for all disputes arising from or related to these Terms.

Article 25: Consultation

For matters not provided for in these Terms or doubts about their interpretation, the Company and Registered Users shall consult in good faith and resolve them promptly.