General Rules
Article 1(Application of the Terms of Use)
Article 2(Definitions of terminology used)
1. A "STAY JAPAN member" is an individual or group registered as a member at the Site after having agreed to the Terms of Use.
2. A "Host" is a member of the Site who offers the Registration Service.
3. A "Traveler" is a member of the Site who makes use of the Registration Service.
4. The "Registration Service" is a service offered to Travelers by Hosts registered at the Site.
5. A "Transaction" is the user agreement concerning the concluded Registration Service between the Traveler and the Host through the Site.
6. "Other company sites" are sites that other companies operate to offer reservations of accommodation, vacancy rooms or experience services.
Article 3(Membership qualification and membership registration procedure)
1. An individual or group which carries out the membership registration procedure prescribed by the Company after the agreement to the Terms of Use, is qualified as a STAY JAPAN member when the membership registration procedure is completed. The person who is actually to become a STAY JAPAN member should carry out the membership registration procedure. Registration for membership by a representative is not allowed, in principle, except for cases approved by the Company. Furthermore, persons under legal 18 age cannot register as members at the Site. Registration may be refused in cases where membership is deemed inappropriate by the Company, at the Company's discretion.
2. In addition, the Company may refuse registration or suspend an account in cases where any of the following reasons are applicable to a party who has applied for registration on the aforementioned basis.
(1) Actions prohibited by the Terms of Use.
(2) Infringement of the Terms of Use or risk of such an infringement in the view of the Company.
(3) Any falsehoods, errors or omissions in all or part of the registration items sent to the Company.
(4) Registration with the Service rescinded on a previous occasion.
(5) Underage persons, adult wards, warrantees or persons under assistance who do not have the consent of their legal representative, guardian or assistant.
(6) Antisocial forces, etc, (meaning any persons associated with violent gangs, gang members, right-wing groups, antisocial forces, etc. (Same applies below.)) or parties considered by the Company to be in any way involved with or contributing to antisocial forces by, for instance, cooperating in or contributing to the support, operation or management of antisocial forces, etc. by providing finance or in any other fashion.
(7) Any other party deemed by the Company to be inappropriate for registration.
Article 4(Entering member information)
Article 5(Password management)
Article 6(Changing membership registration information)
Article 7(Contents of the Service)
Article 8(Withdrawing membership)
Article 9(Responsibilities)
The Company will bear no responsibility whatsoever for any of the following clauses except the Company acted intentionally or in any similar way ending in one of the following clauses.
1. The Service operated by the Company provides a system for exchanging and matching information relating to accommodation between STAY JAPAN members which does not include however the exchange between the Host and Traveler concerning the Registration service or alike. Therefore, the Host is responsible for all registered information and the Company is not accountable in any way for the veracity of the published information.
2. The STAY JAPAN member is responsible for checking, at his/her own expense, that use of the Service does not conflict with any laws, or internal business regulations etc. This may apply to the STAY JAPAN member, and the Company is not responsible and not undertaking that the use of the Service by the STAY JAPAN member complies with laws, or internal business regulations, etc. which may apply to the member.
3. Even if a link from the Company's website to another website or a link from another website to the Company's website is provided, the Company bears no responsibility whatsoever for any website other than the Company's website, or information obtained from any other website, for any reason.
4. The Company has no duty to modify or amend the Service in cases where the device, equipment or software used by the STAY JAPAN member is not suitable for using the Service.
5. The Company will bear no responsibility whatsoever for any losses caused by interruption, delay or suspension of the system provided by the Service, due to a performance problem or fault in the software or hardware, or illegitimate access, etc.
6. The Company cannot guarantee that emails or web content sent by the Company in relation to the Service will be free from harmful content, such as computer viruses.
7. The Company may provide the STAY JAPAN member with information and advice, as appropriate, and the Company bears no responsibility for said information and advice.
8. The Company will not be liable in any way for the cost of the equipment and communications circuits required by the STAY JAPAN member to use the Service.
9. The Company will bear no responsibility whatsoever for losses unrelated to the Company, such as losses caused by infringement of the Terms of Use by the member, losses which are the responsibility of the member, or losses caused by an act of nature.
10. The Company does not provide any guarantee that a Transaction made by a STAY JAPAN member using the Service will satisfy the member's wishes or prove useful.
11. Aside from the items described above, the Company will bear no responsibility, in principle, for any losses incurred by a STAY JAPAN member in using the Service. If, through intent or negligence by the Company in the operation of the Site as stated in the main paragraph, the Company causes the STAY JAPAN member to suffer a loss, then the Company guarantees to compensate the STAY JAPAN member up to the value of the Transaction giving rise to said loss, only in respect of direct and normal losses caused to the STAY JAPAN member by the Company.
Article 10(Prohibitions)
Members are prohibited from the following actions in using the Service.
1. Actions contravening the Terms of Use, the law or other regulations, etc. set by the Company.
2. Actions which impinge on or might impinge on the rights, reputation, etc. of the Company or a third party.
3. Sending information, etc. to the Company by masquerading as another person.
4. Using the Site for a purpose other than the original intended use.
5. Actions which contravene or might contravene public order and morals.
6. Sending or inputting harmful computer programs, etc.
7. Lending, transferring or reselling a password to a third party, or sharing a password with a third party.
8. Multiple membership registration applications made by the same member.
9. Registering another party's premises without consent.
10. Continuous posting or other senseless actions, etc. which is regarded as "trolling".
11. Placement or promotion of spam sites or malware sites in messages between Host and Traveler.
12. Invitations to groups, services or activities judged by the Company to be unrelated to the Service.
13. Transactions between STAY JAPAN members conducted outside the Service, based on information provided by the Service.
14. Using information about another STAY JAPAN member whose acquaintance has been made via the Service for purposes other than using the Service, or providing such information to a third party, without the express consent of the STAY JAPAN member in question.
15. Any other actions considered by the Company to be inappropriate, at the Company's discretion.
Article 11(Rescinding membership qualifications)
If the Company considers that any of the following items is applicable to a member, then the Company will cease to license use of the Service, and without prior notice, will proceed to rescind the membership qualifications of the STAY JAPAN member, withdraw the STAY JAPAN member, stop all or a part of the STAY JAPAN member's use of the Service and take other measures considered necessary by the Company. The STAY JAPAN member will not be able to seek clarification of the reasons for such action, or present any objections, etc., and the Company will be exempt from responsibility for any damages or loss of profits suffered by the STAY JAPAN member as a result, and no claims for damages or any other demands will be entertained in this respect.
1. Contravention of the Terms of Use, the law, etc., including past contraventions.
2. Making or allowing illegitimate use of the password and the Service.
3. In case the Company considers that there are any falsehoods or omissions, or risk of same, in the membership registration information.
4. Credit problems with credit card.
5. Participation in antisocial forces or groups committing antisocial acts, or relationship with same.
6. Providing information or content about other STAY JAPAN members to a third party, without prior agreement.
7. Other cases where the Company considers it appropriate to cease to license use of the Service, etc. at the Company's discretion.
Article 12(Suspension, interruption or abolition of the Service)
The Company may suspend, interrupt or abolish all or a part of the Service, for any of the reasons indicated below. The Company will bear no responsibility whatsoever for any losses incurred by STAY JAPAN members or third party as a result. Furthermore, if the Company is to suspend, interrupt or abolish the Service, a notification to this effect will be issued in advance on the Site, although this may not apply in the case of an emergency.
1. Periodic or emergency maintenance or inspection of the system in order to provide the Service.
2. An emergency situation, such as natural disaster, fire, power cut, etc. that leads to the Service’s operation to be impossible.
3. The Service cannot be provided due to illegitimate access to the Service by a third party, or harmful computer program, etc.
4. The Service cannot be provided due to legal procedures, etc.
5. Other cases considered inevitable by the Company.
Article 13(Settlement of disputes)
1. The Site serves to establish direct Transactions between Hosts and Travelers in relation to the Registration service, and any dispute between a Host and a Traveler is to be resolved between the affected parties. The Company will bear no responsibility whatsoever in relation to disputes between Hosts and Travelers regardlessly if there was any relation to the Service or not.
2. In addition to the preceding item, if a STAY JAPAN member receives a claim from another member, or another third party, in relation to the Service, or if a dispute arises between these parties, the relevant details are to be reported immediately to the Company, the claim or dispute is to be settled at the STAY JAPAN member’s expense and responsibility, and the progress and results of this process are to be reported to the Company, at the Company's request.
3. If the Company receives any claim for infringement of rights or other reasons, from another STAY JAPAN member or other third party in relation to the use of the Service by a STAY JAPAN member, then the STAY JAPAN member must compensate the Company for any amount that the Company is obliged to pay the third party on the basis of the claim.
4. In order to avoid disputes between the parties, it is recommended that the Host should adopt measures such as keeping money, valuable items, personal belongings, pets, etc. in a safe place.
Article 14(Storage of information)
Article 15(Attribution of rights)
1. All ownership rights and intellectual rights relating to the Site and the Service belong to the Company or any party granted a license by the Company. A license to use the Service on the basis of a registration as specified in the Terms of Use does not imply a license to use the intellectual property rights of the Company, or any party granted a license by the Company in relation to the Company's website or the Service. A STAY JAPAN member may not, for any reason, carry out any actions which infringe or may infringe the intellectual property rights of the Company or any party granted a license by the Company (such actions including, but not are limited to, reverse assembly, reverse compiling and reverse engineering).
2. A STAY JAPAN member hereby grants to the Company a worldwide, non-exclusive, royalty-free, and sub licensable and transferable license to use, reproduce, distribute, make, express and create derivative works of the posted data. Furthermore, the STAY JAPAN members have also agree not to invade the copyright of the writers or content creators, who have been given rights by the Company.
Article 16(Personal information)
Article 17(Publication of advertisements)
Article 18(Modification of the Terms of Use)
The Company may modify the present Terms of Use, as it sees fit, or stipulate supplementary terms, without the consent of the STAY JAPAN members. The changed Terms of Use will be considered effective from the moment of publication on the Site providing the Service, except for cases stipulated separately by the Company. If a STAY JAPAN member uses the Service after changes to the Terms of Use, or has not carried out a registration withdrawal procedure within a period of time stipulated by the Company, then the STAY JAPAN member is considered to be in agreement with the changed Terms of Use.
Article 19(Transfer of the Terms of Use, etc.)
1. The STAY JAPAN member may not, without prior written consent from the Company, transfer, convey, or entrust to a third party, or otherwise dispose of, the contractual position between the Company and the STAY JAPAN member based on the Terms of Use or the rights and obligations deriving from the Terms of Use.
2. If the business relating to the Service is transferred to another company, the Company may, in accordance with said transfer of business, transfer the contractual position between the Company and the STAY JAPAN member based on the Terms of Use, the rights and obligations deriving from the Terms of Use, and the registration items relating to the STAY JAPAN member and other customer information, to the transferee, and the STAY JAPAN member agrees in advance to this provision relating to transfer. The transfer of business stipulated in this provision relates not only to normal transfer of business, but also includes segregation and any other case of transfer of the business.
Article 20(Separability)
Article 21(Applicable laws and competent courts)
These Terms of Use are subject to the law of Japan. In respect of any disputes between a STAY JAPAN member and the Company in relation to the Terms of Use, the Tokyo District courts will be the first agreed exclusive jurisdictional authority.