Pen

Terms of Use

These Terms of Use (the “Terms”) set forth the terms and conditions for the provision of the Service, and the rights and obligations between the Provider and the Users. You must agree to the Terms by reading entirety before using the Service.

In addition, any rules for use of the Service separately presented by the Provider shall constitute an integral part of the Terms. And if there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.

Article 1 Definitions

  • For purposes of the Terms, the following terms have the following meanings.

    • (1) “Service” means the web service provided by the Website, which provides users to create and share itineraries (the “Itineraries”), under the name of Pen (or if the name or content thereof is modified for any reasons, such modified service).
    • (2) “Website” means such website as may be from time to time operated by the Provider, whose domain name is [pen.social] (or if the domain name or content thereof is modified for any reasons, such modified website).
    • (3) “Provider” means Masahiko Yoshikawa, who provides the Service.
    • (4) “User” means any person or entity that use the Service in accordance with Article 2 (Use of the Service). For the avoidance of doubt, not only creators of the Itineraries but also those view the Itineraries after receiving the shared URL shall be included in the User.
    • (5) “Service Agreement” means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Provider and the User.
    • (6) “Posted Data” means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the User through the Service.
    • (7) “IP Rights” means copyrights, patents, utility model rights, design rights, trademark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).

Article 2 Use of the Service

  • 1. A person or entity who requests to use the Service may not start to use the Services unless they agree to comply the Terms.

  • 2. The Service Agreement shall become effective between the User and the Provider when the User starts to use the Service.

Article 3 Prohibited Actions

  • When using the Service, the User may not conduct any act that falls under, or is determined by the Provider to fall under, any of the following:

    • (1) acts that violate any laws or regulations or that are associated with criminal activities;
    • (2) acts that defraud or threaten the Provider, other Users or other third parties;
    • (3) acts against public order and good models;
    • (4) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Provider, other Users or other third parties;
    • (5) acts to transmit through the Service to other Users any information or data that falls under, or is determined by the Provider to fall under, the information or data that;
      • (a) contains violent or cruel content;
      • (b) contains computer viruses or other hazardous computer programs;
      • (c) contains content that damages the reputation or the credit of the Provider, other Users or other third parties;
      • (d) contains indecent content;
      • (e) contains content that encourages discrimination;
      • (f) contains content that encourages suicide or self-mutilation;
      • (g) contains content that encourages drug abuse;
      • (h) contains antisocial content;
      • (i) is intended to be distributed to third parties, including but not limited to chain mails; or
      • (j) contains content that causes uncomfortable feelings to third parties.
    • (6) acts that place an excessive burden on the network or system of the Service;
    • (7) acts to reverse-engineer or otherwise analyze the system provided by the Provider;
    • (8) acts that are likely to interrupt the operation of the Service;
    • (9) acts to access the network or system of the Services improperly;
    • (10) acts to impersonate a third party (including other Users);
    • (11) acts to disclose reproductions or derivatives of Posted Data posted by other User to unspecified or large numbers of people outside the scope of pages shared by that User, without the consent of that User;
    • (12) acts of exploitation, advertisement, soliciting or marketing through the Service without the Provider’s prior consent;
    • (13) acts to collect information of other Users of the Service;
    • (14) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
    • (15) acts that violate the Rules posted on the Website;
    • (16) acts to provide Antisocial Forces with profit;
    • (17) acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) though (15) above;
    • (18) attempting to conduct any of the acts listed in Items (1) though (16) above; or
    • (19) other acts that the Provider deems to be inappropriate.

Article 4 Suspension of Service

  • 1. The Provider shall be entitled to, without any advance notice to the Users, suspend or discontinue the Service, in whole or in part, in the event that;

    • (1) Inspection or maintenance of the network or system for the Service;
    • (2) The Provider becomes unable to provide the Service due to error in servers or communication line, wrong operation, excessively concentrated access, unauthorized access, clacking or the like;
    • (3) The network or system for the Service is suspend.
    • (4) The Provider becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm, flood damage, power blackout, epidemic and other natural disasters; or
    • (5) The provider determines that suspension or discontinuance is required for other reasons.
  • 2. The Provider shall not be liable for any damages incurred by the User due to the suspension or discontinuances of the Service, in whole or in part. The Users are requested to back up the Itineraries by storing them in an offline environment when traveling.

Article 5 Ownership of Rights

  • 1. Any and all IP Rights related to the Website and the Service are expressly reserved by the Provider or its licensor.

  • 2. The User hereby represents and warrants to the Provider that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.

  • 3. If The User shares Posted Data, the User grants to the other Users who have shared a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting Registered User through the Service.

  • 4. The User hereby agrees not to exercise moral rights against those who have granted a non-exclusive license in the case of the preceding paragraph.

Article 6 Response to breach of contract, etc.

  • 1. If any of the following events arises in relation to a User, the Provider may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the User of the Service, or (iii) permanently prohibit the use of the Service by the User as such:

    • (1) The User fails to comply with any of the provisions in the Terms (for the avoidance of doubt, including any rules for use of the Service separately presented by the Provider);
    • (2) If the User is an Antisocial Force, or involved in any way with Antisocial Forces such as cooperating with or being involved in the survival, operation, or management of Antisocial Forces through the provision of funds or other means;
    • (3) If the User has violated the Terms (for the avoidance of doubt, including any rules for use of the Service separately presented by the Provider) or any other agreements entered into with the Provider in the past, or is related to such a person;
    • (4) The User has not responded to inquiries or other communications from the Provider requiring a response for 30 days or more;
    • (5) It is determined to be inappropriate by the Provider that the User continues to use the Service.
  • 2. The Provider shall not be liable for any damages incurred by the User due to the actions taken by the Provider in accordance with this Article.

Article 7 Modification and Termination of Service

  • 1. The Provider shall be entitled to at any time modify or terminate the Service in its own discretion.

  • 2. The Provider may suspend or terminate the provision of the Service without prior notice to the User.

  • 3. If the provision of the Service is terminated, the Service Agreement will be terminated at the same time.

Article 8 Disclaimer and Waiver of Warranties

  • 1. The Provider shall not make warranties any of the following items, and shall not be liable for any damages incurred by the User due to the failure to meet any of the following items.

    • (1) The Service fits or is suitable for a particular purpose contemplated by the User;
    • (2) The Service has expected functions, commercial value, accuracy or usefulness;
    • (3) The use by the User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the User;
    • (4) The Service will be free from interruption or defects.
  • 2. In the event that trouble arises between the User and other User or other third parties in relation to the Service, the Provider shall not be liable whatsoever for such trouble.

Article 9 Confidentiality

  • The User shall keep confidential any and all non-public information disclosed in relation to the Service by the Provider to the User for which the Provider, at such disclosure, requires the User a confidential treatment, unless the User has obtained the prior written approval from the Provider.

Article 10 Treatment of the User Information

  • 1. The Provider shall collect information such as names and email address from the User (the “User Information”) if the Provider response to inquiries by the Users relating to the Service or address a violation of the Terms.

  • 2. Specific purposes of use of the User Information for the provision of the Service are as follows:

    • (1) response to inquiries relating to the Service; and;
    • (2) addressing a violation of the Terms.
  • 3. The Provider shall not provide to any third party (including the same outside Japan) personal information contained in the User Information without the prior consent of the User, except as required by law.

  • 4. Upon request from the User to disclose its personal data under the Act on the Protection of Personal Information(the “Act”), the Provider shall, without delay, disclose to the User such data after confirming that the request is made by the User itself, to the extent required to do so under the Act and other applicable laws and regulations.

  • 5. If the Provider is required pursuant to the provisions of the Act by the User to (1) correct the content of personal data due to the reason that such data is false, or (2) suspend use of personal data due to the reason that such data is being handled beyond the scope of the purpose of the use previously made public, or has been collected in a fraudulent or otherwise illicit manner, then the Provider shall, without delay after confirming that the request is made by the User itself, conduct an appropriate investigation and based upon the results thereof, correct the content or suspend the use of such personal data, and notify the party to that effect. In cases where the Provider decides not to make such correction or suspension of the use, the Provider shall notify the User to that effect.

  • 6. In the event that the Provider is required by the User to delete its personal data and has determined that it is necessary to accept such request, the Provider shall, after confirming that the request is made by the User itself, delete such personal data and notify the party to that effect.

  • 7. The provider shall take necessary measures for the appropriate management.

  • 8. The Website may use cookies to collect information such as browsing history of the Website for the purpose of improving usability. The Providers cannot ascertain the names, e-mail addresses, etc. of the Users from Cookies.

  • 9. The Website uses Google AdSense and Google Analytics. These services collect cookies, device-specific information, location information, and other information stored on, accessed on, or collected from the User's device in connection with the Services. Google AdSense will also display personalized advertisements to the Users based on this information, which the Users may disable through its ad preferences (https://adssettings.google.com/authenticated). For information on how information is collected by Google inc. please refer to the following;
    “https://policies.google.com/technologies/partner-sites”

  • 10. The Users shall agree that the Provider and Google inc. may handle the information in accordance with this article.

  • 11. If the User has any questions regarding the handling of the User Information, please contact the following (for Google AdSense or Google Analytics, please contact Google inc.)
    Masahiko Yoshikawa
    Contact Form

Article 11 Amendment

  • 1. The Provider reserves the right to amend or change the Terms when the Provider finds it necessary.

  • 2. In the event of any amendment or change to the Terms, the Provider shall notify the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way.

  • 3. When the User uses the Service after the Provider has notified the User of the amendment or change to the Terms, the User shall be demanded to have agree to the amendment or change to the Terms.

Article 12 Notice

  • Any communications or notices from the User to the Provider, including but not limited to inquiries with respect to the Service, and any communications or notices from the Provider to the User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Provider.

Article13 Assignment

  • 1. The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Provider.

  • 2. In cases where the Provider transfers the business regarding the Service to a third party, the Provider may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Provider under the Terms, and the information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, incorporation or any other form that would result in a business transfer.

Article 14 Severability

  • If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

Article 15 Governing Law and Jurisdiction

  • 1. The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.

  • 2. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

[Prescribed on 3/14/2022]

This Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of this Terms into any other language is for convenience of reference only and shall not bind the parties hereto.