Fuji Guide System Terms of Use

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Fuji Guide is a guide system (hereinafter referred to as “the Guide System” or “the system”) provided by Yamanashi Prefecture (hereinafter referred to as “the Prefecture”) that allows users to browse and experience various content. This Guide System is intended for personal, noncommercial use. Those who wish to use the Guide System agree to the Fuji Guide System Terms of Use (hereinafter referred to as “the terms”).

Article 1: Purpose of This Agreement

This agreement governs the use of the Guide System provided by the Prefecture. Users of this Guide System (hereinafter referred to as “users”) shall faithfully comply with these terms.

Article 2: Definition

The terms in this agreement are defined as follows:

1. “Content” refers to any information, including but not limited to images, video, audio, and text, used in the Guide System.
2. “Fuji Guide content” refers to content created bythe Prefecture that may be used in the Guide System.
3. “Third-party content” refers to content used in the Guide System that has been created by parties other than the Prefecture. These parties are referred to as “third-party information providers.”
4.  “Third-party services” refers to services provided by third parties during the Guide System’s use. The providers of these services are referred to as “third-party service providers.”

Article 3: Scope of This Guide System

1. The Prefecture provides this Guide System to users free of charge, and the system’s content shall be determined by the Prefecture at its sole discretion.
2. Fuji Guide is the only Guide System provided by the Prefecture; no other system will be provided. Details regarding the Guide System’s operation and usage shall be as specified on the website created by the Prefecture.
3. Users must ensure the necessary conditions for using the Guide System at their own cost.

Article 4: Changes to the Guide System’s Contents and Terms of Use

The Prefecture may change the Guide System’s content, terms of use, or managing entities as necessary without the user’s agreement. The Prefecture shall notify users of such changes by posting a notice on the Guide System’s website or by any other means it deems appropriate. Users who continue to use the system after such a notification shall be understood to agree to the changes.

Article 5: Service Period of the Guide System and Its Content

The Prefecture may terminate the Guide System service without any responsibility to its users by issuing an advance notification on the system website or by any other means the Prefecture deems appropriate.

Article 6: Ownership of Rights

1. The Prefecture grants the user a license to use the Guide System according to these terms.
2. All intellectual property rights, such as copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act), ownership rights, patent rights, trademark rights, and knowledge, related to the Guide System and its content shall belong to the Prefecture or its licensors. Except for those expressly provided in this agreement, the Prefecture does not grant any rights to the user.
3. Copyrights and other intellectual property rights to third-party content are reserved by third-party information providers. Although it may be necessary to use third-party services to use the Guide System, the user acknowledges that copyrights and other intellectual property rights of these services belong to the third-party service provider or the party that licensed the rights to the third-party service provider. Additionally, if third-party service providers present terms or policies, users agree to comply with them. Noncompliance with or violation of third-party service providers’ terms or policies shall constitute a violation of these Terms of Use.

Article 7: Prohibited Uses

The user is prohibited from using the Guide System in the following ways:

1. Deleting, removing, or otherwise altering in any way or form the Guide System’s copyright notice or proprietary logos.
2. Infringing on the ownership rights, privacy, reputation, or other rights of the Prefecture or third parties.
3. Using the Guide System for unlawful purposes.
4. Intentionally transmitting false information or harmful computer programs related to the Guide System.
5. Engaging in acts that may interfere with the Guide System’s operation or any other business of the Prefecture.
6. Acting in ways contrary to laws and ordinances, this agreement, or public order and morals to damage the reputation of or cause disadvantage to the Prefecture or a third party.
7. Engaging in any other act that may fall under any of the preceding items.

Article 8: Interruption or Suspension of the Guide System

1. The Prefecture may suspend or discontinue the provision of all or part of the Guide System at its own discretion in the following cases:
   • (1) When a natural disaster such as a fire, earthquake, or flood; an event such as a war, disturbance, power failure, or labor dispute; or any other emergency occurs or is likely to occur.
   • (2) When facilities related to the Guide System, including the server and other facilities operated or managed by the Prefecture, undergo routine or urgent maintenance.
   • (3) When there is an abnormality, malfunction, or failure of the server or other facilities operated or managed by the Prefecture that prevents the provision of the Guide System.
   • (4) In any other case where the Prefecture deems it desirable to suspend all or part of the Guide System’s operation.
2. When the Prefecture suspends or discontinues the provision of all or part of the Guide System pursuant to the provisions of any of the preceding items, it shall give users advance notice of this fact on the Guide System website in a manner it deems appropriate. However, in case of emergency, the Prefecture may suspend or discontinue the provision of all or part of the Guide System without such notice.
3. The Prefecture shall not be liable for any damage caused to users or third parties by the interruption or suspension of the provision of all or part of the Guide System.

Article 9: Handling of User Information

1. Before using the Guide System, the user agrees to the Prefecture’s collection of information such as usage history (including history of exhibits accessed) and unique identification information issued by the system.
2. Information that can be used to identify an individual, however, such as the unique ID of a mobile device, will not be acquired.
3. The information collected will be used to understand how the Guide System is used and to make improvements to it. Additionally, statistical data based on this information may be disclosed in papers for the purpose of academic research.

Article 10: Measures After Termination of the Guide System

1. If the Prefecture deems that a user has violated any of these terms’ provisions, the Prefecture may deny the user the right to use the Guide System.
2. The previous statement shall not preclude the Prefecture from exercising its right to claim damages against the user arising from the user’s violation of the terms.
3. Even if the Guide System is terminated, the provisions of Article 6 (Ownership of Rights), Article 10 (Measures After Termination of the Guide System), Article 11 (Limitation of Liability), Article 12 (Severability), Article 13 (Governing Law), and Article 14 (Settlement of Disputes) shall remain in effect.

Article 11: Limitation of Liability

1. Regarding the content of the Guide System and any information obtained through it, the Prefecture does not make any guarantee to the user or any third party regarding completeness, accuracy, certainty, usefulness, absence of defects, or absence of errors.
2. If a user causes damage to a third party (including other users) through the use of this Guide System, the user shall have the sole responsibility of resolving the damage at his/her own expense and shall not cause any damage to the Prefecture.
3. The Prefecture shall not be held liable for any damage caused by the provision of the Guide System or any damage caused by the users or the Prefecture in accordance with these terms. These damages may include but are not limited to any malfunction or failure of the Guide System, any malfunction or failure of the user’s mobile device caused by displaying the Guide System on the device, any damage caused by the user’s neglect while using the Guide System, any system interruptions and stoppages, and any commercial disputes.
4. Third-party content provided by the Prefecture in the Guide System is the third party’s responsibility. The Prefecture does not provide any guarantee regarding third-party content and does not have any obligation to confirm its accuracy.
5. The Guide System has links to websites other than the Prefecture, but these website are not managed by the Prefecture and the Prefecture does not guarantee the contents at all.

Article 12: Severability

1.         If any of these terms’ provisions is held invalid, the terms’ other provisions shall remain in full force and effect. 

Article 13: Governing Law

The validity, interpretation, and enforcement of these terms shall be governed by Japan’s laws.

Article 14: Settlement of Disputes

1. If any doubt or dispute arises between the user and the Prefecture regarding any provision of these terms or any matter unaccounted for in the terms, both parties shall consult regarding the issue and resolve the dispute in good faith.
2. The Kofu District Court shall be the exclusive court of first instance for any disputes related to these terms.