Terms of Use

“NOCTIVE” (this “Service”) shall be provided under these terms of use (the “Terms”) prescribed by NAVITIME JAPAN Co., Ltd. (this “Company”). In using this Service, the user shall accept the Terms, and such acceptance shall be deemed as having been made upon the user’s commencement of the use of this Service.

    (Article 1) Summary of Service

    In this Service, the user may use the information distribution services for the information on spots, events and the like, and any other services as determined by this Company.

    (Article 2) Prohibitions

    The user may not engage in any of the following in regards to this Service, and the software, documents, data, images, characters and logos therein:

  • (1)Use of this Service to directly pursue monetary gain or any other type of commercial profit;
  • (2)Deletion or alteration of product appearance, display of copyrights, any warning messages, or any restrictions based on property rights;
  • (3)Duplication, distribution, communication to the public, alteration, translation, adaptation, or creation of secondary works;
  • (4)Transfer, sales, conveyance or other method of disposition to a third party;
  • (5)Use by a third party by sub-licensing, loan or any other method;
  • (6)Conducting reverse engineering or any other analytical activity;
  • (7)Impeding the management of this Service, or damaging the reputation of this Service or any action that may do so;
  • (8)Inputting personal information of the user or a third party;
  • (9)Illegal acts or acts that may violate the law;
  • (10)Acts that violates, restricts, or impedes the rights of this Company or a third party or may possibly do so;
  • (11)Any behavior, in addition to the aforementioned, that is deemed inappropriate by this Company.

(Article 3) Notice for Use

1.General Provisions

  • (1)This Service may not be provided, depending on the radio-wave reception condition of the information terminal in use (the “Information Terminal”) or any other functional restriction on the Information Terminal, or on the setting of the Information Terminal by the user.
  • (2)The information on the maps, timetables, facilities, shops, events and others made available under this Service (collectively, the “Service Information”) may be different from the actual information, or contain incorrect content. Further, the Service Information may be modified without notice to the user.
  • (3)In the countries or areas wherein this Service is targeted to be provided, there may be some places where the user is unable to make use of the Service Information.

2.Articles/Images

  • (1)The articles, images and others distributed through this Service (collectively, the “Articles”) may contain incorrect content, and this Company gives no warranty to the correctness, completeness or usefulness of any content of any Articles, and makes no covenant to completely eliminate such Articles containing any incorrect content.
  • (2)The Articles may be subjective information of the producer, and at the same time, by their nature, may contain hearsay information for which no information source is identified, or may be changed in accordance with the lapse of time. In acknowledgement of such nature, the user shall determine whether or not to use such Articles at the user’s own responsibility.

(Article 4) Request for Registration of Information on Facilities, Spots, Events and Others

    1.The user may submit, through the registration request form on this Service, a request for registration of information on facilities, spots, events and others (including images and comments). It is hereby acknowledged, however, that in no event shall this Company be obligated to register such information as the Service Information, or to exhibit or display the same on the Service.

    • (1)Any information contrary to the objective facts;
    • (2)Any information defamatory to any specific individual, shop, facility, corporation or any other entity or others;
    • (3)Any information that infringes any intellectual property right (e.g. patent right, utility model right, design right and trademark right) of this Company or any third party;
    • (4)Any information that infringes any good name, reputation, privacy, right of likeliness or right of publicity of this Company or any third party;
    • (5)Any information that contains a link or other reference to another website;
    • (6)Any information that contains a harmful program (e.g. computer virus);
    • (7)Any information that contains an obscene image or language;
    • (8)Any information capable of identifying a particular individual (including the user himself/herself);
    • (9)Any information that violates, or promotes violation of, a law, regulation or the public order and morality; and
    • (10)Other than the above, any information that this Company determines as inappropriate.

    2.The user shall warrant that the user is duly authorized to make a registration request with respect to the information (including images and comments, and the same shall apply hereinafter) for the registration request. If such registration request is objected to, complained about or otherwise disputed by the right holder of such information or any other third party, or there arises any dispute with respect to such registration request, the user shall dispose of and settle all of such objection, complaint and dispute at the user’s liabilities and expense, and shall defend this Company harmless from the same.

    3.The user may not request the registration of any one of the following types of information or any information that may fall into any one of the following, and shall also warrant that the information for the registration request is not any one of the following:

    4.This Company is hereby authorized to modify (including without limitation deletion, processing and alteration) any information requested by the user for registration in part or in whole in its sole discretion.

    5.The user reserves copyrights in or to any information requested by the user for registration. However, upon the upload of such information, the user shall be deemed to have granted this Company a non-exclusive, permanent and irrevocable royalty-free license to exploit (meaning any and all exploitation under the Copyright Act, and including grant of a license to any third party) such information within and outside of the territories of Japan. The user shall not enforce his/her author’s moral right against this Company or any licensee granted with a license by this Company.

(Article 5) Costs Regarding the Use of this Service

Use of this Service may result in separate connection fee in accordance to those stipulated by the telecommunications provider. The connection fee shall be borne by the user.

(Article 6) Suspension of this Service

This Company may suspend the provision of this Service, in part or in whole, without prior notice to the user, if any of the following circumstances occurs:

  • (1)When conducting the periodic or emergency maintenance checks of the system required to offer this Service;
  • (2)This Service cannot be provided for reasons of natural disaster, fire, power failures, riots etc.;
  • (3)This Service cannot be offered due to impediments in the means of communication, such as electrical transmission lines and computers etc.;
  • (4)This Service cannot be offered due to reasons not attributable to this Company, other than the aforementioned.

(Article 7) Changing/Terminating Service

    1.This Company may, at its own discretion, alter the content or terminate the provision of this Service without giving any prior notification to the user.

    2.This Company bears absolutely no responsibility for any damages incurred by the user related to the preceding alteration of content or termination of Service.

(Article 8) Intellectual Property Rights

All intellectual property rights and any other rights related to this Service, belong to this Company or a third party who has granted a license to this Company for the use of such intellectual property rights.

(Article 9) Handling Information Pertaining to Users

    1.This Company shall adhere to these Terms and the Privacy Policy of this Company and carry out appropriate management in regards to information pertaining to users acquired by this Company through the provision of this Service. Upon using this Service, users have thoroughly read the Privacy Policy and accept the content therein.

    2.When providing information to a third party (This excludes instances of providing information to a third party based on the Privacy Policy.), this Company shall appropriately process information acquired through the user's use of this Service (This includes, but is not limited to, data on destinations etc., browsing history, location information measured through a browser function etc.) to make the said information anonymous, and shall not allow information that has been made anonymous to be converted back into information that can be used to identify an individual, regardless of any processing of information to statistical documentation. Additionally, when providing information to a third party, this Company shall prohibit through contract the conversion of said information into information that can be used to identify an individual. User’s Personal Information will never be provided to a third party in any way outside of the regulations of the Privacy Policy stipulated in paragraph 1 above.

    3.This Company shall handle, with absolutely no restrictions, the statistical documentation created based on the information in the preceding paragraph.

    4.Should the user select the opt out setting in their Device using the method specified by this Company, this Company will not acquire information (excluding access logs) from the user's Device.

(Article 10) Guarantees and Liability

    1.This Company shall not be liable for any damages resulting from or in connection with the use or inability to use this Service by the user, unless otherwise specified in these Terms.

    2.This Company does not warrant or guarantee that this Service is accurate, complete, safe, appropriate or valid to any specific purpose of the user. Additionally, this Company also gives no guarantee that this Service is free from infringement of intellectual property rights and defects and that this Service will operate without interruption.

    3.This Company is not responsible or liable for any damage to the user caused by interruptions to this Service, in part or in whole, arising from or connected to the reasons provided in Article 6.

    4.If the contract formed based on these Terms between the user and this Company corresponds with the consumer contract in Article 2.3 of the Consumer Contract Act (Act No. 61 of 2000), the stipulations entirely exempting this Company from responsibility, from among the stipulations of these Terms, shall not apply. Under these circumstances, if the damage to the user results from or is in connection with a default or unlawful act by this Company, with the exception of cases of intention or gross negligence by this Company, this Company will be responsible and liable for the direct and ordinary damage actually incurred by the user.

(Article 11) Other Websites

    1.This Service contains hyperlinks to outside websites. This Company does not have the authority to manage the websites operated by a company other than this Company or an individual.

    2.This Company shall not be liable for damage incurred as a result of the use of outside websites or the reliability, availability, integrity or accuracy of the services, products or advertisements which may be used on such websites.

(Article 12) General Clauses

The user may not pass on to a third party their contractual position in the use of this Service, nor transfer the rights and obligations therein, in part or in whole, to a third party, nor provide or guarantee such as collateral without the prior written consent of this Company.

Should the user violate any of these Terms, this Company may immediately suspend or terminate the provision of this Service to the user without any notification.

This Company may revise these Terms without prior notification or consent of the user. Any such revisions shall become valid when this Company releases the revised Terms on the Service or on this Company's website related to this Service. Users should use this Service upon confirming these Terms, as needed, and accepting such content.

Even should any of the provisions, or any part therein, of these Terms be deemed to be invalid or impossible to execute according to the Consumer Contract Act or other law, this shall not affect the binding power of any other provisions of these Terms other than the said provision or part therein.

These terms shall be interpreted based on the laws of Japan.

  • Should the need arise for legal action related to this Service, the Tokyo District Court shall have exclusive primary jurisdiction.
  • Established on February 18, 2019

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