These terms and conditions (“Terms and Conditions”) govern your use of the Service (as defined in Article 1) provided by Ocean Eyes, Inc. Please use the Service upon agreeing to these Terms and Conditions.
Article 1 (Definitions)
Terms used in this Agreement are defined as follows
| (1) ID | A string of characters that a user uniquely possesses for use of the Service. |
| (2) Personal Information | Information that can identify an individual, such as address, name, occupation, telephone number, and other “personal information” as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information |
| (3) Subject Vessels | Subject Vessels as defined in Article 4, Paragraph 1 |
| (4) Intellectual Property | Inventions, devices, designs, works and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or elucidated and that have industrial applicability). (iv) trademarks, trade names and other items indicating goods or services used in business activities, and trade secrets and other technical or business information useful in business activities |
| (5) Intellectual Property Rights | Rights pertaining to patents, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and other rights provided by law regarding intellectual property or legally protected interests. |
| (6) Registration Information | A generic term for information registered by users on the Site. |
| (7) Password | A unique encryption code set by the Company in response to an ID. |
| (8) Contents Collective | name for oceanographic data, fishery data, text, sound, still and moving images, software programs, codes, etc. provided on the Service. |
| (9) Service | This service is a service operated by the Company to provide information on sea conditions, etc. under the name of “Fishery Navi” (in the event that the name or content has been changed, the new name or content will be included) and related services. and services related to such services. |
| (10) Website | The website on which the contents of the Service are posted. |
| (11) Prospective Users | “Prospective Users” as defined in Article 4, Paragraph 1. |
| (12) Subscriber Agreement | “Subscriber Agreement” set forth in Article 4, Paragraph 2. |
| (13) User | Any corporation, organization, or individual who uses the Service and who has registered in accordance with Article 4. |
| (14) User in Charge | An officer or employee of the Subscriber, or any other person who uses the Service jointly with or in accordance with the instructions of the Subscriber based on a continuing contractual relationship with the Subscriber. |
Article 2 (Agreement to the Terms and Use of the Service)
1 Users may use the Service on the condition that they agree to the Terms of Use and complete the application procedures set forth in Article 4. In the event that the Subscriber allows a person in charge of use of the Service to use the Service, the Subscriber shall impose on said person in charge the same obligations as set forth in these Terms and Conditions and have said person comply with said obligations, and any breach of said obligations by the person in charge of use shall be deemed a breach of these Terms and Conditions by the Subscriber, for which the Subscriber shall be fully responsible. 2.
2 The Subscriber may view the Contents on the Site or other media designated by the Company in accordance with the method designated by the Company with respect to the business on the subject vessel.
3 Unless otherwise specified in these Terms and Conditions or on the Site or otherwise designated by the Company, the contents of the Contents (including, but not limited to, the type of information provided and the sea area subject to such information provision) and other terms and conditions of provision of the Service shall be governed by the terms and conditions specified by the Company. Other conditions for the provision of the Service shall be in accordance with those specified by the Company, and Users shall agree to such conditions in advance.
4 The preparation and maintenance of computers, smart phones, software and other equipment, communication lines and other communication environment, etc. necessary for the User to receive the provision of the Service shall be done at the User’s expense and responsibility, unless otherwise specified by the Company.
Article 3 (Modification of Terms)
1 The Company may revise the Terms at any time without the consent of the User, and the User agrees to accept such revisions without objection.
2 When we revise the Terms, we will notify the user of the details of the revision and the effective date of the revision by the method prescribed by us by the effective date of the revision.
3 Users will be deemed to have agreed to the revised Terms of Use without objection at the time they use the Service after the revision of the Terms of Use.
Article 4 (Application Procedures for Users)
1 A person wishing to use the Service (hereinafter referred to as “Prospective User”) shall submit the required information (including information regarding the person in charge of use, information regarding the vessel subject to use of the Service (hereinafter referred to as “Applicable Vessel”) and other information designated by the Company) to an application form on this website or other website designated by the Company in a manner prescribed by the Company. (including information about the person in charge of the use of the Service, information about the vessel subject to the use of the Service (the “Subject Vessel”) and other information designated by the Company) (2) The Company shall accept the application by inputting the required information in the application form, such as the website designated by the Company, etc.
2 Upon acceptance of the application by the prospective user based on the preceding paragraph and completion of ID registration, the registration of such prospective user as a user shall be completed, and a contract for the use of the Service in accordance with the provisions of these Terms and Conditions (hereinafter referred to as “Usage Contract”) shall be established between the Company and such prospective user. The Usage Contract shall be established as separate and distinct for each subject vessel, and even if the Usage Contract for a particular subject vessel of a User is found to be non-existent, invalid, cancelled, or terminated, the validity of the Usage Contract shall not be affected unless the Usage Contract for another subject vessel is terminated by the Company.
3 The Company will send notification of communication matters, advertisements and other information to Users by e-mail. Please understand this in advance.
4 The Company may, at its own discretion, refuse to accept an application if the applicant falls under any one or more of the following items
(1) When a prospective user applies for membership without following the method specified by the Company.
(2) If the prospective user has been terminated, suspended, or expelled from the service due to violation of these Terms of Use or other terms of use stipulated by the Company in the past.
(3) When we determine that the prospective user has registered using fraudulent means.
(4) When a prospective user registers information that is not his/her own
(5) When a prospective user is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant
(6) If the prospective user is an anti-social force, etc. (meaning a crime syndicate, a member of a crime syndicate, a quasi-constituent of a crime syndicate, a company related to a crime syndicate, a general meeting house, a social action group, a special intelligence group, or any other group or individual that uses violence, force, or fraudulent methods to pursue economic benefits. (The same shall apply hereinafter in this item.) (6) If the Company determines that the applicant is a member of the Anti-Social Forces, etc., or is involved in any interaction or involvement with Anti-Social Forces, etc., such as cooperating or participating in the maintenance, operation, or management of Anti-Social Forces, etc., through funding or other means.
(7) If we deem the user to be inappropriate for any other reason.
5 In the event that there is a change in the registration information or other information provided to this Company, the User shall, without delay, notify this Company of such changes in a manner prescribed by this Company, and submit any materials requested by this Company.
6 If a Registered User desires to use the Service for additional vessels other than the subject vessel, the Registered User shall complete the application procedures again in accordance with the application procedures based on the preceding paragraphs, and the same shall apply thereafter.
Article 5 (Management of Authentication Information)
1 Users shall use authentication information such as IDs and passwords disclosed by the Company (hereinafter referred to as “authentication information” in this Article) in the manner designated by the Company. In addition, the user shall not disclose, lend, share, transfer, change the name of, or sell such Authentication Information to any third party, except as permitted by the Company. In addition, they shall strictly manage their authentication information to prevent its leakage or loss.
2 Users shall promptly notify the Company of any leakage, loss, or unauthorized use of authentication information.
3 We will not be liable for any unauthorized use by a third party prior to the notification in the preceding clause, as long as the service is accessed with the prescribed authentication information, and we can consider the use by the user himself/herself.
4 Users shall compensate us and third parties for any damages incurred by us or third parties due to unauthorized use of authentication information or registration information.
5 Users shall manage their authentication and registration information under their own responsibility, and the Company shall not be liable for any disadvantage or damage incurred by users due to inaccurate or false registration information.
Article 6 (Usage Fees, etc.)
1 In consideration for the use of the Service, the User shall pay the initial fee and monthly usage fee to the Company in accordance with the fee schedule separately stipulated by the Company, by the payment method designated by the Company.
2 In the event the User delays payment of the initial fee or monthly usage fee, the User shall pay a late fee at the rate of 14.6% per annum.
Article 7 (Term of Use and Termination)
1 The term of the Subscriber Agreement shall be twelve (12) months. If no notice is given by either the Company or the User at least one (1) month prior to the expiration of the term, the Subscriber Agreement shall be automatically renewed for a further twelve (12) months under the same terms and conditions, and the same shall apply thereafter.
2 Except as otherwise provided in the Subscriber Agreement or these Terms and Conditions, the Subscriber may not cancel the Subscriber Agreement in the middle of the Subscriber Agreement.
Article 8 (Termination of Subscriber Agreement)
1 If the Company or the user wishes to terminate the subscription agreement, the user shall notify the other party in the manner prescribed by the Company. The cancellation pursuant to this paragraph shall take effect at the end of the month following the month in which the notice of cancellation pursuant to this paragraph is received by the other party.
2 In addition to the preceding paragraph, in the event that a user falls under any of the following items, we may temporarily suspend the use of the Service or terminate the subscription agreement for such user without prior notice or demand. Termination under this paragraph shall take effect upon receipt of such notice by the user.
(1) If the user violates any of the provisions of these Terms of Use
(2) If the registration information is found to contain falsehoods
(3) If the user uses or attempts to use the Service for purposes or in a manner that may cause damage to the Company, other users, or other third parties
(4) the User interferes with the operation of the Service, regardless of the means used
(5) the User stops making payments or becomes insolvent, or files a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
(6) If the Bank receives a disposition of dishonor for a bill or check drawn or accepted by itself, or receives a disposition of suspension of transactions by a clearing house or other similar action
(7) If a petition for seizure, provisional seizure, provisional disposition, compulsory execution or auction is filed
(8) In the event of delinquent payment of taxes and dues
(9) In the event of death, or in the event of a trial for commencement of guardianship, commencement of conservatorship, or commencement of assistance
(10) If any of the items in Article 4, Paragraph 4 applies.
(11) In any other case in which the Company reasonably determines that it is not appropriate for the User to continue using the Service.
3 In the event that a user falls under any of the items of the preceding paragraph, the user will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately make payment of all debts to the Company.
4 In the event that the Company terminates the Terms of Service in accordance with Paragraph 1, no usage fees for the Service will be incurred from the month following the month in which such termination takes effect. However, if the user cancels the subscription agreement based on Paragraph 1 or if the Company cancels the subscription agreement based on Paragraph 2, the user shall pay the usage fees (excluding amounts already received by the Company) for the remaining period of the subscription agreement on the date of such cancellation in a manner specified by the Company. In this case, the user shall be obligated to pay a penalty equivalent to the usage fee for the remaining period of the subscription contract (excluding the amount already received by the Company) on the date of cancellation. In this case, the provisions of Article 6, Paragraph 2 shall apply mutatis mutandis.
5 In the event of termination of the User Agreement pursuant to this Article, the User shall return, dispose of, or otherwise dispose of the software, manuals, and other materials and information related to the Service provided by the Company, in accordance with the Company’s instructions.
6 The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company in accordance with this Article.
Article 9 (Trial)
The Company may designate a portion of the period that is part of the contract period of the subscription agreement as a trial period, and in such case, notwithstanding any other provision of these Terms and Conditions, during such trial period, the usage fees, possibility of cancellation, contract period, and other conditions shall be in accordance with those designated by the Company. Article 10.
Article 10 (Suspension of the Service, etc.)
1 In any of the following cases, the Company may suspend or discontinue use of the Service, in whole or in part, without prior notice to the user
(1) Provision of the Contents or other provision of the Service infringes on the intellectual property rights of a third party or violates a contract between the Company and a third party
(2) When the Company periodically or urgently inspects or maintains the computer systems related to the Service
(3) In the event of an accidental shutdown of computers, communication lines, etc.
(4) In the event of a force majeure such as fire, power outage, or natural disaster that renders the Service inoperable
(5) In any other case in which the Company deems it reasonably necessary to suspend or discontinue the Service.
2 The Company may, at its reasonable discretion, terminate provision of the Service. In this case, the Company shall notify the user in advance.
3 The Company shall not be liable for any damages incurred by the user based on actions taken by the Company in accordance with this Article.
Article 11 (Handling of Personal Information, etc.)
Personal information and user information shall be handled appropriately in accordance with the “Ocean Eyes Privacy Policy” separately stipulated by the Company.
Article 12 (Ownership of Intellectual Property Rights)
1 Intellectual property rights pertaining to copyrights, patent rights, know-how, and all other intellectual property related to programs, databases, layouts, images, videos, texts, contents, and other contents used by the Company in the Service shall belong to the Company or its designee.
2 Users may use the intellectual property described in the preceding paragraph only in accordance with the original purpose of this service and in the normal way as a user of this service, and may not reproduce, copy, modify, disclose to a third party, or authorize the use of such intellectual property in any way without the permission of the Company, nor may they use such intellectual property in any way that may infringe upon the intellectual property rights pertaining to such intellectual property. You may not, in any manner whatsoever, reproduce, copy, modify, disclose to a third party, or authorize the use of such intellectual property, or perform any act that may infringe upon the intellectual property rights (disassembly, decompilation, reverse engineering) pertaining to such intellectual property, without the consent of the Company.
Article 13 (Prohibited Acts)
Upon use of the Service, the following acts are prohibited by the Company.
(1) Use of the Service in a place reasonably related to the business of the Subject Vessel and the Subject Vessel other than the place designated by the Company
(2) Infringing or threatening to infringe the intellectual property rights of the Company or any third party
(3) Any act that infringes or may infringe the property of the Company or a third party
(4) Actions that cause economic damage to the Company or a third party
(5) Acts that are threatening to the Company or third parties
(6) Actions that specify or induce computer viruses or harmful programs
(7) Actions that place excessive stress on the infrastructure facilities for this service
(8) Attacks on the servers, systems, or security of the Site
(9) Attempting to access the Company’s service by means other than the interface provided by the Company
(10) Actions in which one user obtains multiple user IDs
(11) Sharing IDs or passwords with a third party, authorizing a third party to use said IDs or passwords, or any other actions that may jeopardize the security of accounts using this service
(12) Other than the above, acts that the Company deems inappropriate.
Article 14 (Disclaimer and Indemnification for Damages)
1 This Company shall not be liable for any damages whatsoever resulting from changes in content, interruption, or termination of the Service.
2 The Company shall not be involved in, and shall not be liable for, the user’s environment for using the Service.
3 The Company makes no warranty that the Service will be suitable for the user’s specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that the user’s use of the Service will conform to the laws and regulations applicable to the user or internal rules of industry associations, or that defects will not occur. 4. We do not guarantee that the Service will be fully compatible with all information and information services.
4 The Company does not guarantee that the Service is compatible with all information terminals, and the user acknowledges in advance that malfunctions may occur in the operation of the Service due to version upgrades of the OS or web browser of the information terminal used for use of the Service. The Company does not guarantee that such defects will be resolved by the Company’s modification of the program, etc. in the event of such defects.
5 The Company shall not be liable for any damages incurred by the user directly or indirectly as a result of using the Service.
6 We shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by users or other third parties. (6) The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages or lost profits) incurred by users or other third parties, even if the Company has been notified of the possibility of such damages in advance.
7 The provisions of Paragraph 1 through Paragraph 2 shall not apply in the event of intentional or gross negligence on the part of the Company.
8 Even if the preceding paragraph applies, the Company shall not be liable for damages incurred by the User due to acts of negligence (excluding gross negligence). 8 Even if the preceding paragraph applies, we shall not be liable to compensate for any damages arising from special circumstances among damages incurred by the user due to acts of negligence (excluding gross negligence).
9 If we are liable for damages in connection with the use of this service, we shall be liable for compensation up to the amount of usage received from the user in the month in which the relevant damages occurred.
10 In the event that a user causes damage to another user or has a dispute with a third party in relation to the use of the Service, the user shall compensate for such damage or resolve such dispute at the user’s own expense and responsibility, and shall not cause any trouble or damage to the Company.
11 In the event that our company receives a claim for damages from a third party as a result of the user’s actions, the user shall resolve such claim at the user’s expense (attorney’s fees) and responsibility. In the event that this company pays compensation for damages to said third party, the user shall pay all costs (including attorney’s fees and lost profits) including said compensation for damages to this company. In this case, the user shall pay all expenses (including attorney’s fees and lost earnings) including such compensation for damages to the Company.
12 If a user causes damage to the Company in relation to the use of the Service, the user shall compensate the Company for the damage (including legal fees and attorney’s fees) at the user’s expense and responsibility. Article 15 (Posting of Advertisements)
Article 15 (Posting of Advertisements)
The user understands and agrees that the Service may include any and all advertisements, and that the Company or its partners may place any and all advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Company at any time.
Article 16 (Prohibition of Assignment of Rights)
1 Users shall not transfer their positions in these Terms and Conditions, or their rights or obligations under these Terms and Conditions, in whole or in part, to any third party without the prior written consent of the Company.
2 We may, at our discretion, transfer all or part of the business pertaining to the Service to a third party (regardless of the form of the transfer, such as business transfer, corporate split, etc.), and in such case, such transfer shall be void. In such case, the user agrees in advance to the transfer of the user’s contractual status, rights and obligations under the Terms of Use, and the user’s registration information and other customer information to the transferee, to the extent necessary for such transfer.
Article 17 (Severability)
Even if any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under any law or regulation, the remaining provisions of these Terms and Conditions and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 18 (Method of Contacting Us)
Users’ communications and inquiries to the Company regarding the Service shall be made via the inquiry form provided on the Service, the Site, or any other website operated by the Company, or by any other method separately designated by the Company.
Article 19 (Governing Law, Court of Jurisdiction)
1 The validity, interpretation, and performance of these Terms of Use shall be governed by and construed in accordance with the laws of Japan.
2 The Kyoto District Court or the Kyoto Summary Court shall be the court of exclusive jurisdiction for any controversy, lawsuit, or other dispute between the Company and the user, etc., depending on the amount of the suit.
Effective February 1, 2020
Revised as of February 1, 2020