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TERMS OF SERVICE (FOR GUEST)

TERMS OF SERVICE (FOR GUEST)

The system service provided by KOKOCHIE.Inc (hereinafter referred to as "the Company"), called YOBUNARA (hereinafter referred to as "the Service"), allows the Registered User set by the Company or the contractor to invite and manage the Guest, etc. in an Internet connection environment.




ARTICLE 1 ADOPTION

1. The purpose of this Terms of Service is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Company and the Guest with respect to the use of the Service, and shall apply to all relationships pertaining to the use of the Service between the Guest and the Company.

2. Rules regarding the use of the Service posted on Our Website shall constitute a part of this Terms of Service.

3. In the Event of any discrepancy between this Terms of Service and rules on Our Website described in the previous section or any explanation of the Service, etc. other than this Terms of Service, the provisions of this Terms of Service shall take precedence.
The TERMS OF SERVICE (FOR USER) shall take precedence over this Terms of Service if the TERMS OF SERVICE (FOR USER) provides otherwise.

ARTICLE 2 DEFINITIONS

The following terms used in this Terms of Service shall have the meanings set forth below.

1. "Guest Service User Agreement" means this TERMS OF SERVICE (FOR GUEST) and agreements which enable the Guest to use the Service, entered into between the Company and the Guest.

2. "Intellectual Property Right" means copyrights, patents, utility model rights, design rights, trademarks and other intellectual property rights. This includes the right to acquire or to apply for such rights.

3. "The Registered Data" means information that the Registered User or the Registered Guest transmits when using the Service, including but not limited to personal information, text, images, videos, and other data concerning the Registered User and the Registered Guest.

4. "The Company" means KOKOCHIE.Inc.

5. "Our Website" means the Company's website whose domain is "yobunara.com" (if the domain or content of Our Website is changed for any reason, this change shall be included).

6. "The Registered User" means individuals or companies registered as user of the Service to host or organize the Events.

7. "The Service" means a system service the Company provide called "YOBUNARA" (if the name or content of the Service is changed for any reason, this change shall be included.).

8. "The Guest" means third parties the Registered User invites to the Events, etc. on the Service.

9. "The Events" means events, press conferences, seminars, parties, etc. hosted or organized by the Registered User.

10. "The Contractor" means third parties to whom the Company outsources the provision or sale of the system for the Service

ARTICLE 3 USE OF PRE-PAYMENT FUNCTION

1. The Company offers the Registered User the place to sell the right of to participate in the Events (hereinafter referred to as "the Event Participation Rights") to the Guest.
The Service offers where the Registered User and the Guest enter into a sales contract, and the Company would NOT be a party to a sales contract between the Registered User and the Guest.

2. In the Service, everything expressed as membership fee, participation fee, etc. all means the purchase price of the Event Participation Rights.

3. " Pre-payment function" means credit card pre-payment function to pay to the Registered User the Event Participation Rights in advance by credit card.

4. If the Registered User sets up the Pre-payment function in advance, the Guest can use Pre-payment function.
Only in this case, the Company acts as a collection agent for the purchase price of the Event Participation Rights paid by the Guest (hereinafter referred to as "the Guest Payments").

5. The Guest Payments means the payment, paid by the Guest to the Registered User, for the purchase price of the Event Participation Rights.

6. The Guest shall comply with the procedure designated by the Company.

The Guest payment of the Event Participation Rights completes when the Company receives the application and a screen appears indicating that the payment procedure has been completed.

7. The Guest must use a credit card in its own name, and requires the entry of the credit card number, credit card holder, credit card security code, and expiration date.

8. Credit card payment is a transaction between the Guests and the Company through the credit card company. The billing statement from the credit card company, will show "Yobunara" as the billing source.

9. The Guest payment of the Event Participation Rights paid by the Guest via credit card payment cannot be changed or refunded by the Company for any reason whatsoever. In the event that a refund is required due to unavoidable circumstances, the Registered User shall process the refund by its own. The Company shall not directly respond to or be involved in the refund requests from the Guest.

ARTICLE 4 PROHIBITIONS

1. Acts in violation of laws and regulations or related to criminal act.

2. Acts against public order and morals.

3. Transmitting to the Company, other Registered Users, the Guest or third parties information that the Company deems to fall under or correspond to any of the following.

 (1) Information containing excessively violent or cruel expressions.
 (2) Information that contains computer viruses or other harmful computer programs.
 (3) Information containing expressions that defame or discredit the Company, other Registered Users, or third parties.
 (4) Information containing excessively obscene language.
 (5) Information containing expressions that promote discrimination.
 (6) Information contains expressions that encourage suicide or self-harm.
 (7) Information contains expressions that promote the inappropriate use of drugs.
 (8) Information contains fraudulent or threatening expressions, information contains antisocial expressions and information that violates laws and regulations.
 (9) Information requesting the spread of information to third parties, such as chain mail.
 (10) Information contains expressions that offend others.
 (11) Information for the purpose of meeting or dating people (including but not limited to the opposite sex) whom you have not met before.

4. Infringes on the intellectual Property Right, portrait rights, rights to privacy, reputation, or any other rights or interests of the Company, other Registered Users, the Guest or third parties (including acts that directly or indirectly cause such infringement).

5. Providing functions or specifications on the Service account management screen to third parties.

6. Actions that place an excessive load on the Service network or system, etc.

7. Actions that may interfere with the Service's operations.

8. Unauthorized access or attempts to access the Company's Service network, etc.

9. Act of impersonating another person.

10. Reproduce, modify, reprint, alter, or change, reverse engineering, disassembly, decompile, translation or analysis any of the service functions provided by the Service.

11. Prolonged over-the-phone call, excessive repetition of similar inquiries, forcing the Company to do something the Company has no obligation or reason to do, etc. actions that seriously interfere with the Company's business.

12. Gathering Information on other Registered Users.

13. Provision of benefits to antisocial forces, involvement in transfer of criminal proceeds (money laundering), and other money transfers to and from antisocial forces, etc. inside and outside the Service.

14. Purchasing tickets for the purpose of resale and reselling tickets.

15.Purchasing or selling of the following tickets.

 (1) Obscene, child pornography and similar materials.
 (2) Items related to prostitution.
 (3) Items related to gambling.
 (4) Obtained through crime.
 (5) Items related to pyramid schemes (Includes multi-level marketing).
 (6) Other violations of laws and regulations.
 (7) Other items that the Company deems inappropriate.

16. Acts for the purpose of money laundering(Includes accepting ticket purchase price for criminal activity as a source of funds).

17. Any act that directly or indirectly jacks up or facilitate any of the aforementioned acts.

18. Any other act that the Company deems inappropriate.

ARTICLE 5 CHANGE OR TERMINATION OF THE SERVICE

1. The Company may change the nature of the Service or terminate the Service at the Company's discretion. In this case, the Company will notify the Registered User, but will not notify the Guest.

2. The Company shall not compensate the Registered User or the Guest for any damages incurred by the Registered User or the Guest in connection with actions taken by the Company pursuant to this Article.

ARTICLE 6 DISCLAIMER AND DISCLAIMER OF WARRANTIES

1. The Company make NO WARRANTY as to the fitness of the Service for the Guest's particular purpose, expected functionality, commercial value, accuracy, and usefulness, the Guest's use of the Service is conformity with laws and regulations applicable to the Registered User or the Guest, and no defects shall occur.

2. The Company shall not be liable to arrive at and indemnify for interruption, suspension, termination, unavailability, modification of the Service, deletion or loss of messages or information sent by the Registered User or the Guest to the Service, deregistration of the Registered User of the Guest, loss of the Registered Data or malfunction or damage to equipment by the use of the Service, and any other damages incurred by the Registered User or the Guest (hereinafter referred to as "the Registered User - the Guest Damages") in connection with the Service.

3. Even if, for some reason, the Company is liable to the Registered User - the Guest Damages, the company's liability shall be limited to the amount the Registered User or the Guest has paid the company in the past 3 months, and the Company shall be liable for incidental, indirect, special, future and lost profits damages.

4. The Company shall not be liable for any transaction, communication, or dispute in connection with the Service or Our Website among the Registered User, the Guest, other Registered Users, or third parties

5. Even if Our Website provides links to other websites, or other website provides links to Our Website, the Company is not responsible for any other websites or the information obtained from them for any reason whatsoever.

6. In the event that the Guest suffers damage due to a malfunction, etc., of a system provided by third parties used in the Service, the Company shall not be liable for such damage if there is no reason attributable to the Company.

7. If any damage is caused to the Guest by a contractor to whom the Company outsource the provision or sale of systems, the Company will not compensate the Guest for such damage if there is no reason attributable to the Company.

ARTICLE7 NONDISCLOSURE

1. In this TERMS OF SERVICE (FOR GUEST), the term "Confidential Information" means all information regarding the Company's technology, sales, operations, finances, organization, and other matters provided or disclosed by the Company in writing, orally, or in recorded media, or otherwise known to the Guest, in relation to Guest Service User Agreement or the Service. However, the following items are excluded

 (1) Information that were already publicly known or known to the public at the time they were provided or disclosed by the Company, or at the time they were acquired by the Company.
 (2) Information that become public knowledge through publications or other means due to reasons not attributable to the Guest, after being provided or disclosed by the Company.
 (3) Information that legally provided from third parties to the Guest without its obligation to maintain confidentiality.
 (4) Information independently developed without Confidential Information.
 (5) Information designated by a written confirmation from the Company that confidentiality is not required.

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

3. Notwithstanding the provisions of Section 2, the Guest may disclose Confidential Information upon order, request or demand of any law, court or government agency. However, in the event of any such order, demand or request, it shall promptly notify the Company thereof.

4. Whenever requested by the Company, the Guest shall return or destroy Confidential Information, documents and other recorded media describing or containing Confidential Information, and all copies thereof, in accordance with the Company's instructions, without delay.

5. The Guest shall treat as confidential any non-public information disclosed by the Company to the Guest in connection with the Service that the Company requires the Guest to treat as confidential, except with the prior written consent of the Company.

ARTICLE8 HANDRING OF USER INFORMATION

1. The handling of the Registered Data by the Company is set forth in the Company's Privacy Policy(https://kokochie.co.jp/privacy/), and the Guest hereby agrees that the Company may handle the Registered Data in accordance with the Company’s Privacy Policy.

2. The Company may, at the Company's discretion, use and disclose the Registered Data as statistical information in a form that specific individual cannot be identified. The Registered User and the Guest hereby agrees without objection.

3. The Company may disclose, share, and provide Registered Data to service providers that are necessary for the use of the Service by Registered User. The Registered User and the Guest hereby agrees without objection.

4. The Company may disclose, share, or provide information to the relevant authorities when the Company deem it necessary in accordance with the Act on Prevention of Transfer of Criminal Proceeds. The Registered User and the Guest hereby agrees without objection.

ARTICLE9 CHANGES TO THIS TERMS OF SERVICE (FOR GUEST), ETC.

The Company may change this TERMS OF SERVICE (FOR GUEST) (including rules and regulations about the Service to be posted on Our Website, the same shall apply hereinafter in this paragraph. ) at any time, at Company’s discretion.
In the event of any changes to this TERMS OF SERVICE (FOR GUEST), the Company shall notify the Registered User of such changes. If the Registered User uses the Services after notification of such changes or fails to cancel his/her registration within the period of time specified by the Company, the Registered User shall be deemed to have agreed to the changes in this TERMS OF SERVICE (FOR GUEST).

ARTICLE10 CONTACT/NOTICE

Inquiries and other communications or notifications from the Registered User and the Guest to the Company concerning the Service, as well as notifications and other communications or notifications from the Company to the Registered User and the Guest concerning changes to this TERMS OF SERVICE (FOR GUEST), shall be made in a manner determined by the Company.

ARTICLE11  ASSIGNMENT OF STATUS UNDER GUEST SERVICE USER AGREEMENT

In the event that the Company transfers the business pertaining to the Service to another company, the Company may transfer the status under Guest Service User Agreement, the rights and obligations under this TERMS OF SERVICE (FOR GUEST), and the Registered Data to the transferee of such business transfer in accordance with such business transfer, and the Guest shall be deemed to have made an assignment under this section with respect to such assignment.
Furthermore, business transfers as defined in this section include not only ordinary transfers, but also corporate divestitures and any other cases in which a business is transferred.

ARTICLE12   SEPARABILITY

Even if any provision of this TERMS OF SERVICE (FOR GUEST) or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of this TERMS OF SERVICE (FOR GUEST) and the remaining portions of any provision determined to be invalid or unenforceable in part shall continue in full force and effect.

ARTICLE13   GOVERNING LAW AND COURT OF JURISDICTION

1. This TERMS OF SERVICE (FOR GUEST) and the Guest Service User Agreement shall be governed by the laws of Japan.
 The parties agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, even if the sale of goods occurs in the course of the Service.

2. Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with this TERMS OF SERVICE (FOR GUEST) and the Guest Service User Agreement.

Established on March 1, 2021
Revised on June 6, 2022
Revised on July 6,2022