Terms of Use (for Users)

These Terms of Use (“Terms of Use”) for providing the "Last Minute Japan" services ("the Services") set forth the terms and conditions to be agreed upon by you as users (“Users”) with regard to the use of the Services provided by us, Yummy Guide Inc. (“we,” “us” or “Yummy Guide”). These Terms of Use are applicable to all Users who use the Services, as you will be deemed to have consented to all of the provisions hereof upon the completion of your user registration.

Article 1 (General Provisions; Scope)

These Terms of Use set forth the basic provisions regarding the use of the Services provided and operated by us.
These Terms of Use are applicable to us and all Users in connection with the use of the Services.
Any separate or additional terms established by us through our website, the Services or any rules released through emails and similar means in relation to the Services shall constitute a part of these Terms of Use. In the event of any provision of such separate or additional terms or rules(hereinafter collectively referred to as "Individual Terms of Use") is in conflict with any provision of these Terms of Use, the terms of the Individual Terms of Use shall prevail.
For details regarding any use of our Company Website, or other websites or applications linked from the Services (hereinafter collectively referred to as “External Services”), please refer to the terms of use for our Company Website or for each respective External Service.

Article 2 (Definitions)

As used in these Terms of Use, the following terms have the following meanings:

“Services” means Last Minute Japan services (that provide tools and platforms to facilitate the execution of service agreements (“Service Agreements”) between Users and participating restaurants or other restaurants) and its related services provided by us;
“Services Agreement” means the contractual relationship that arises between us and each User upon use of the Services, and includes these Terms of Use and other Individual Terms of Use that may be distributed, transmitted or posted by us through the Services;
“Users” means an individual, entity or organization that has agreed to these Terms of Use and has entered into a User Agreement with us;
“Registered Restaurant” means a restaurant operator (individual or entity) that has registered to use the Services by agreeing to the terms and conditions separately established by us;
“Non-Registered Restaurant” means a restaurant operator (individual or entity) that has NOT registered to use the Services but Users request us to reserve a table;
“Applicant” means an individual, entity or organization, wishing to use the Services;
“User Registration” means the act by us of satisfactorily registering Applicants as Users so that Users may use the Services according to the provisions of Article 3;
“Registration Information” means any information which we specify and collect from the Applicants and Users upon User Registration, any information which we deem as necessary and request from Users during their use of the Services, and any information added or modified by Users with respect to the aforementioned information previously collected and/or requested by us;
“Content” means any information that is available to Users through the Services, including, but not limited to, texts, images, video, audio, music and other audible sounds, graphics, software, programs, source codes, and other types of data;
“User ID” means a word or other string of characters used in combination with a Password to distinguish one User from another;
“Password” means a word or other string of characters used in combination with a User ID to distinguish one User from another;
“Company Website” means the website with the domain name https://lastminutejapan/, which is operated by us to provide the Services, or if for any reasons there is a change to the domain and/or Contents, our Company Website after any such change; and
“Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights, including the right to obtain and register any such right.

Article 3 (User Registration)

An Applicant may apply to register with the Services upon agreeing to comply with these Terms of Use and all Individual Terms of Use regarding the Services, and to provide Registration Information in the manner prescribed by us.
An Applicant is eligible if they:
1. Have obtained consent of a parent, guardian, or legal representative if he or she is a minor (only for Applicants that are individuals);
2. Have a valid email address;
3. Are not an existing User of the Services;
We shall screen applications of Applicants in accordance with our standards and notify the Applicants of either approvals or denials. Applicants will become Users only upon our providing the Applicants with registration completion notices.
Once Users complete the User Registration in compliance with the provisions and procedures stipulated in the preceding paragraph, a Services Agreement will be deemed to have been executed between us and Users in accordance with the provisions of these Terms of Use.
We reserve the right to deny User Registration to any Applicant pursuant to Paragraph 1 of this Article, if any of the following items applies to the Applicant:
1. Any or all of the Registration Information provided by the Applicant to us is found to be false, inaccurate or omitted;
2. The Applicant is, or has been, suspended from using the Services as a result of termination of his or her account;
3. The Applicant, who is a minor, adult ward of the state or person under curatorship or assistance, for which approval has not been obtained from his or her guardian, legal representative, curator or assistant;
4. The Applicant was determined by us that such Applicant does not meet all of the eligibility criteria provided in Paragraph 2 above;
5. The Applicant was determined by us as (i) constituting an organized crime group or a member thereof, an anti-social group, or other similar person, group or entity (collectively referred to as “Antisocial Forces”), (ii) having interactions or involvements with Antisocial Forces, or (iii) assisting or being involved in the maintenance, operation or management of Antisocial Forces by way of providing financial support or through other means;
6. The Applicant has obtained multiple accounts for him or herself; or
7. In addition to the foregoing, we deem the registration by the Applicant to be inappropriate for any other reason.
Applicants and Users shall provide true and accurate information when providing User Information. We shall provide the Services to each User based on the Registration Information provided by all respective Users, and shall not be in any way held liable for any loss or damage incurred by any User as a result of any false, misleading or incomplete information in their Registration Information.
Users shall notify us of any change to their Registration Information within 14 days of such changes in a manner separately specified by us, and provide us with any relevant materials upon request.
If any notices provided by us fail to reach a User on time due to reasons attributable to such Users’ non-compliance with the preceding paragraph, the notice provided by us shall be deemed to have reached the Users within the prescribed period of time.

Article 4 (Management of User ID and Password)

Users are responsible for keeping and safeguarding their own User IDs and Passwords used for the Services in an appropriate manner. Users must not allow third parties to use such User IDs and Passwords. In addition, Users must not transfer, modify, sell or otherwise dispose of such User IDs and Passwords to third parties. Upon verification of a matching combination of a User ID and a Password, we shall deem that the User who has been registered as the holder of such User ID and Password has actually used the Services.
Users shall be responsible for any loss or damage arising from their own inappropriate management or safeguarding of their User ID or Password, or from any unauthorized use of their User IDs and/or passwords by third parties. We shall not be held liable in any way for such loss or damage.
In the event Users discover the unauthorized use of their User ID and/or Password by any third parties, such Users shall immediately notify us to that effect and follow our instructions to resolve the matter.

Article 5 (Use of the Services)

Users may use the Services within the scope and purposes specifically intended for the Services, in accordance with the procedures prescribed by us.
Users shall enter into a Service Agreement directly with a Registered Restaurant (hereinafter collectively referred to as “Service Users”) in the manner separately established by us through using the Service.
The purpose of the Service is to facilitate the execution of Service Agreements directly between Users and Registered Restaurants, and we will not become a party thereto.
Nothing in these Terms of Use shall be construed as a warranty by us for the quality, accuracy, legality or utility of the services provided under the Service Agreements, nor will we be liable for any defect or default associated with any such services. We shall not be responsible for managing the services provided by Registered or Non-Registered Restaurants, and shall not be in any way liable for any loss or damage of Users caused by Registered or Non-Registered Restaurant’s default in connection with the Service Agreements.
Users shall be charged a usage fee (“User Fees”) for their use of the Service upon execution of a Service Agreement with a Registered Restaurant through the Service. User Fees are not refundable. The terms and method of User Fees shall be as stipulated in Article 7.
Users are responsible for making payments to Registered or Non-Registered Restaurants in accordance with the terms of the Service Agreements., the terms and method of payments shall be as stipulated in Article 8.
Users shall be charged User Fees for their use of the Service upon execution of a Service Agreement with a Non-Registered Restaurant through the Service. User Fees are not refundable. The terms and method of User Fees shall be as stipulated in Article 7.
As a general rule, Service Agreements may not be modified or canceled once executed, and a cancellation fee in accordance with the Cancellation Policy established by a Registered or Non-Registered Restaurant may apply if a User does so nevertheless. When there is no specifically established Cancellation Policy, we may apply following Cancellation Policy, and the date and number of days are calculated by us based on the evidence of usage history of User.
1. When there are no holidays 3 days before the reserved date
  - Date of Modification or Cancellation is On the date of reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 1 day before reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 2 days before reservation：Cancellation Fee is 50% of the total price
  - Date of Modification or Cancellation is 3 days before reservation：Cancellation Fee is 50% of the total price
2. When the day before the reserved date is a holiday
  - Date of Modification or Cancellation is On the date of reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 1 day before reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 2 days before reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 3 days before reservation：Cancellation Fee is 50% of the total price
  - Date of Modification or Cancellation is 4 days before reservation：Cancellation Fee is 50% of the total price
3. When 2 or 3 days before the reserved date is a holiday
  - Date of Modification or Cancellation is On the date of reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 1 day before reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 2 days before reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 3 days before reservation：Cancellation Fee is 100% of the total price
  - Date of Modification or Cancellation is 4 days before reservation：Cancellation Fee is 50% of the total price
* "holiday" in the table above means a regular and irregular holiday of Registered or Non-Registered Restaurant.
In the event that a cancellation fee arises according to the preceding paragraph, we shall apply such cancellation fees to settlement charges when we reserve the settlement charges from such Users.

Article 6 (User Responsibilities)

Users shall be solely responsible for preparing and operating information and digital terminals, software, network connections and other network environments as needed for using the Services, at the Users’ expense and responsibility. We shall not be in any way involved in, or responsible for, such preparation or operation of any Users’ user environment in connection with the Services.

Article 7 (Payments from Users)

Users are required to pay User Fees incurred by the payment deadline and through the payment means separately specified by us.
The service charges and User Fees (“payments”) between a User and a Registered Restaurant upon the use of the Services will be billed directly from the Registered Restaurant to the User or through our payment settlement services on the Registered Restaurant’s consignment (“Settlement Services”), depending on the preference of Users.
The terms and method of the payments for the Settlement Service shall be determined as follows:
1. Upon the execution of a Service Agreement between a User and a Registered Restaurant, the User shall pay the payments to us by the payment deadline and through the method separately specified by us.
2. Upon receipt of payments from a User, we will deduct the amount equivalent to the Registered Restaurant’s usage fees of the Service (“ Registered Restaurant Fees”) and transfer the remaining amount to the relevant Registered Restaurant in accordance with the conditions, terms and means separately prescribed by us. Such Registered Restaurant shall be responsible for any bank service fees associated with the transfer of payments.
Notwithstanding the provisions of these Terms of use, we may terminate the Settlement Services in connection with such Service Agreement and refund payments received from Users in the event of the following circumstances; provided, however that Users shall bear the expenses of the refund and we shall select the reasonable method for the refund:
1. We have confirmed that the Service Agreement has been terminated upon agreement by both parties;
2. A party to the Service Agreement has delayed in performing any payment obligation or other obligations under the Service Agreement, and such obligations are not performed within 14 days of receipt of a notice in writing regarding such delay;
3. A party has not responded to a communication or notice from us or other parties for more than a week after the Service Agreement has been executed; or
4. We have deemed that retaining any payments is inappropriate for any other reason.
We shall not in any way be responsible for any troubles or problems arising in connection with payments between Users and Registered Restaurants after the payment and/or refund has been made.

Article 8 (Prohibited Acts)

Users shall not engage in any of the following acts on their own behalf or through third parties in connection with their use of the Services:

Any acts in violation of applicable laws and regulations, legal decisions, court orders or other legally binding administrative dispositions, or any acts that encourage such violations;
Any fraudulent or threatening acts against us, Registered Restaurants or third parties;
Any acts that are, or may be, in violation of public order and morality;
Any acts that infringe, or which are likely to interfere with, Intellectual Property Rights, publicity rights, or the privacy, the reputation, or any other rights or benefits of ours, Participating Restaurants or of third parties;
Any acts of demanding a change or cancelation of a Service Agreement in a manner other than that specified in Article 5, Paragraph 7 of these Terms of Use, or not showing up for a reservation at the Registered Restaurant pursuant to the relevant Service Agreement;
Any acts of entering into Service Agreements with multiple Registered Restaurants for the same time frame (lunch or dinner) on the same date;
Any acts that are intended to transmit information to us, other Registered Restaurants or third parties, which consist of or is deemed by us to consist of any of the following:
1. Personal Information, or any information violating the privacy of any individual;
2. Information containing extremely violent, cruel or brutal expressions;
3. Information containing computer viruses or other harmful programs;
4. Information containing extremely obscene expressions;
5. Information containing racially abusive expressions;
6. Information containing expressions that may encourage suicide or self-injury;
7. Information containing expressions that may encourage inappropriate use of drugs;
8. Information containing antisocial expressions;
9. Information requesting third parties to disseminate junk, spam or chain emails;
10. Information containing illegal solicitation or advertisements;
11. Information containing disturbing expressions;
12. Information intended for meeting strangers of the opposite sex; or
13. Any information similar or equivalent to any of the preceding items;
Reverse engineering;
Any acts that overload the network or system of the Services regardless of the means used;
Any acts that cause damage to us, such as unlawfully accessing any of the systems connected to the Services without authorization, or modifying or deleting any information or data stored within our facilities;
Any acts that disclose or post erroneous data;
Any acts of assuming the false identity of us, Registered Restaurant, Non-Registered Restaurant or other third parties;
Any acts that make use of the User ID or Password of other Users or Registered Restaurants;
Any acts that promote, advertise, or solicit on the Services, or which are sales activities conducted on the Services, without the consent of us;
Any acts that provide benefits to Antisocial Forces;
Any acts intended for meeting strangers of the opposite sex;
Any acts in violation of the objective or purposes of these Terms of Use, Individual Terms of Use or the Services;
Any acts that would directly or indirectly trigger or facilitate any of the acts in the preceding items; or
Any other act deemed inappropriate by us.

Article 9 (Termination by Users)

Users may terminate their use of the Services at any time by following the prescribed procedures; provided, however that this shall not apply if a User has any outstanding or unfulfilled obligations under this Agreement. Upon termination, such User will no longer be able to use the Services.
Upon termination, any and all financial obligations then outstanding shall be accelerated and become immediately due and payable in full.
Even when a User terminates his or her use of the Services, such User shall not be relieved of any responsibilities or obligations (including, but not limited to, compensation for damages) in regard to us or other Registered or Non-Registered Restaurants under relevant Service Agreements.
Even if Users terminate their use of the Services, we may retain and continue to use information provided by the User to us.
We may, at our discretion, delete the account information of Users who have terminated their use of the Services, without giving any advance notice.
If a User terminates the use of the Services but later decides to resume the use of the Services, such Users shall reapply to use the Services. Such User shall understand and agree in advance that when reregistering, any previous data attached to the Users’ previous User ID will not remain for continued use, nor may it be recovered.

Article 10 (Breaches)

If we deem that any of the following conditions apply, or are likely to apply to any Users, we may, at our discretion, delete such User’s User Information, Device Information or Contents, temporarily suspend or restrict the use by such Users of the Services and/or delete such User’s account:
1. The User has violated any of the provisions in these Terms of Use;
2. All or part of the User Information provided by the User is found to have been false;
3. The User has been found to be subjected to a stop payment, to be declared insolvent, to have a petition to commence bankruptcy proceedings, to have undergone civil rehabilitation, to have undergone special liquidation or to have undergone any equivalent procedures;
4. The User has deceased or received a ruling for guardianship, curatorship or public assistance;
5. The User has not responded to our communication inquiries or requests for responses, and 30 or more days have passed;
6. The User is, or has been, suspended from using the Services, based on inappropriate use of the Services;
7. The User is a minor or a person under guardianship, curatorship or assistance, and has not obtained consent from the User’s statutory agent, guardian, curator or assigned assistant;
8. The User is involved with Antisocial Forces, engaging in the maintenance, operation or management of such Antisocial Forces such as by providing financing or funds;
9. We deem that the deletion, suspension or restriction of the Services is necessary;
10. The User has abused their ID or Password;
11. The User has abused or misappropriated the information and goods provided through the Services;
12. The User has not used the Services for 12 consecutive months;
13. If we have determined that the User may cause harm to us or third parties; or
14. We deem that the reasons similar to the above exist.
Any suspensions of use shall not relieve such User of any responsibilities or obligations to compensate us or other third parties under relevant Service Agreements including, but not limited to, compensation for damages.
We will not in any way be held liable for any loss or damage incurred by Users as a result of our actions under this Article. We shall reserve the right to retain and continue to use any information provided by Users even after such Users’ accounts have been deleted.

Article 11 (Supervision)

Users hereby agree that we may, at our discretion, conduct monitoring of the Services to ensure appropriate use by Users.

Article 12 (Changes, Additions, Termination or Suspension of the Services)

We reserve the right to make changes or additions to all or part of the Services without giving prior notice to Users.
We reserve the right to terminate the provision or operation of all or part of the Services at our discretion, upon which event we will notify Users to that effect in a manner deemed appropriate by us; provided, however that such terminations may occur without notice in case of emergencies.
In the event of any of the following, we shall be able to temporarily suspend all or part of the Services without giving prior notice to Users:
1. Emergency or regularly scheduled maintenance or repair work is performed on the hardware, software or other network devices for the Services;
2. System overloads due to increased usage or other unexpected reasons;
3. There is a need to ensure the security of Users;
4. Telecommunications providers do not provide services;
5. Provision of the Services is rendered difficult due to a force majeure event;
6. Provision of the Services is rendered difficult due to fires, power failures, accidents, wars, disputes, disturbances, riots, labor disputes, or such similar events;
7. Provision of the Services is rendered difficult due to laws or regulations, or any dispositions made in accordance with such laws or regulations; or
8. We deem it necessary to suspend the Services for any reason equivalent to any of the preceding items.
We shall not in any way be held liable for any loss or damage incurred by Users as a result of our actions under this Article.

Article 13 (Collection, Analysis and Handling of User Information)

Users hereby agree that we will handle Registration Information, Device Information and other information pertaining to Users in accordance with the Privacy Policy separately prescribed by us.
Users hereby agree that we will, at our discretion, publicize or disclose the statistical data relating to Users’ Registration Information, Device Information and other data pertaining to Users that has been processed into a format that is not personally identifiable, for the purpose of providing, operating and improving the Services.
We use Identification for Advertisers (“IDFA”), Advertising IDs, Cookies and other information-gathering modules, including but not limited to those listed below, to collect information (including browsing history) pertaining to the use of the Services and to distribute retargeting advertisements. (There may be cases where we use IDFA, Cookies and other analysis tools simultaneously or where such analysis tools utilize IDFA, Advertising IDs or Cookies.) For information regarding IDFA and other information-gathering modules, please refer to the terms of use and privacy policies prescribed by the respective providers of these modules. We will not be responsible for any loss or damage arising as a result of the use of IDFA, Advertising IDs, Cookies and other information gathering modules:

Name of Information Gathering Module/Provider
1. Google Analytics / Google, Inc.
2. New Relic / New Relic, Inc.

Article 14 (Confidentiality)

As used in these Terms of Use, “Confidential Information” means any technical, business, financial, organized or any other information disclosed or obtained by us, whether in written or oral form, in connection with the Services; provided, however, that Confidential Information shall not include the following:
1. Any situation in which Confidential Information, before such Confidential Information has been disclosed by us, becomes publicly known through no fault of us;
2. Any situation in which Confidential Information has not necessarily been disclosed but becomes publicly known through no fault of Users before or after disclosure;
3. Information that is obtained from a third party authorized to make such disclosure without being bound to any duty of non-disclosure; or
4. Information that is independently developed without reference to Confidential Information.
Users shall use Confidential Information solely for the purpose of the Services, and shall not publish nor disclose Confidential Information to any third party unless prior written consent is obtained from us. However, this provision shall not apply whenever disclosure is required pursuant to a court order or any applicable laws or regulations.
Whenever Users need to reproduce, copy or adapt any Confidential Information, prior written consent from us shall be required to perform such modifications. Users must strictly manage such reproduced, copied or adapted materials in accordance with Paragraph 2 above.
Upon request from us, Users shall immediately return or destroy any and all documentation or media containing Confidential Information in accordance with our instructions.

Article 15 (Damages)

If Users cause damage to us by violating any provision hereof, or through the Users inappropriate use of the Services, such User shall be responsible for compensating us for any such damage, including attorney or professional fees and any personnel expenses incurred by us.
If we receive a claim for infringement from a Registered Restaurant, Non-Registered Restaurant or third party in connection with Users’ use of the Services, such Users shall compensate for any expenses incurred by us to compensate the damaged party and to resolve any dispute arising from such claim, including attorney fees or professional fees and any personnel expenses incurred by us.
We will not be in any way responsible for any loss or damage incurred by any Users in connection with the Users making use of the Services. Even in the case when such loss or damage are related to or arising from our gross negligence or willful misconduct, the damages to be compensated by us shall be limited to the direct and ordinary damages actually incurred due to reasons attributable to us.

Article 16 (Disclaimer)

Nothing in these Terms of Use shall be construed as our guarantee that the Services, Contents provided through the Services, or information that may be obtained by Users through provision of services by Registered or Non-Registered Restaurants: (a) meet User expectations with regard to function, product value, accuracy, usability and integrity, (b) are in compliance with internal rules of applicable groups, or (c) are free of any issues in connection with the use of the Services.
Users shall make no warranty, guarantee, or representation that the Services are suitable to all communication devices. Users shall understand that some malfunctions may arise in the Services as a result of the OS updating the information device. In addition, we make no warranty, guarantee or representation that such defects or malfunctions will cease to exist.
Users shall note that part of or all of the Services may become limited as result of modifications to the Terms of Use of App Store and Google Play.
We shall not be in any way responsible for any loss or damage arising from, or in connection with, the Services, including any suspension, interruption, termination, unavailability or modification of the Services, deletion of any information provided by Users through the Services, deletion of any User’s account, breakdown of or damage to relevant devices and equipment, and damages arising as a result of some Contents provided by Users or third parties.
We shall preserve Registration Information and Device Information securely in the cloud storage system we deem as credible and reliable. However, this shall not be construed as our guarantee of the safety and reliability pertaining to the storage system. We will not be in any way responsible for any loss or damage arising from any deleted or lost data.
If any dispute arises between Users and any third parties, in connection with the Services, such User shall immediately notify us of that effect and resolve the matter at the User’s own expense and responsibility, and we shall not be in any way involved or responsible thereof.

Article 17 (Term)

These Terms of Use shall be effective from the date on which User Registration was completed by us according to Article 3 hereof, and until such time when Users terminate the use of the Services, or until the time Users’ Accounts are deleted, whichever comes first.

Article 18 (Amendments)

We reserve the right to make amendments or additions to these Terms of Use and other Individual Terms of Use associated with the Services at any time within our sole discretion, upon which we shall notify Users of such amendments or additions in accordance with the provisions of Article 20 hereof. Users shall be deemed to have consented to such amendments or additions based upon the Users’ continued use of the Services after such notice is given; or at least until such time as Users take necessary procedures to terminate the use of the Services within the period specified by us.

Article 19 (Notices)

Any notices regarding amendments to these Terms of Use and any other communication regarding the Services from us to Users shall be made by way of posting such notices and communications on the relevant website, emails or other means as we deem appropriate.
Any inquiries regarding the Services and any communications or notices from Users to us shall be made using the inquiry form on our Company Website, or by way of other means as designated by us.
We may, from time to time, send advertisements and/or promotions to Users regarding the Services to email addresses registered by the Users.

Article 20 (Non-Assignment)

Unless prior written consent is obtained from us, Users shall not assign or pledge as security any title or right hereunder or under any User Agreement (including transfers by general succession through a merger or a company split) to any third party, whether in whole or in part.
Users hereby agree in advance that in the event that we transfer our business related to the Services, we shall be able to transfer our title, rights, obligations, registered information and other information pertaining to Users. Any transfers of business as provided for in this paragraph shall include mergers through which we are dissolved, absorbed or spun off; or any split-ups of us under which we become the general successor.

Article 21 (Severability)

If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remaining provisions of these Terms of Use shall continue in full force and effect; provided, however, that we and Users shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provision.

Article 22 (Survival)

The provisions of Paragraph 5 of Article 7, Paragraphs 2 through 6 of Article 9, Paragraphs 2 and 3 of Article 10, Paragraphs 2 and 4 of Article 12, Article 14, Article 15, Paragraphs 4 through 6 of Article 16, this Article 22, Article 23 and other provisions which by its nature should survive the termination of any relevant User Agreement, shall survive the termination of any relevant User Agreement.

Article 23 (Governing Law and Jurisdiction)

These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and any disputes arising out of, or in connection with, these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 24 (Consultation)

Any matter not stipulated herein or any doubt arising in connection with the interpretation of any of the provisions of these Terms of Use shall be resolved through mutual consultation between us and relevant User(s) in accordance with the principle of good faith.