In this Agreement, “Tabimori” and “we” mean Tabimori, Inc., and “User” and “you” mean any user of the Services. This Agreement incorporates Tabimori’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Tabimori Policies”).
By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. This agreement contains, among other things, an arbitration provision containing a class action waiver.
Tabimori may update or revise this Agreement (including any Tabimori Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Tabimori, any use of the Services (e.g., the use of the Reservation Services) is subject to the version of this Agreement in effect at the time of use.
2. Your Account. You may (but are not required to) create an account with Tabimori through the Tabimori Site . When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Tabimori registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Tabimori of any unauthorized use of your Account or any other breach of security related to your use of the Services.
4. Modifications to Services. Tabimori reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Tbimori Site, Tabimori Application, Restaurants. Tabimori shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
5. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Tabimori Content”) are provided to User by Taimori or its partners or licensors solely to support User’s permitted use of the Services. The Tabimori Content may be modified from time to time by Tabimori in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Tabimori Content by User shall constitute a material breach of this Agreement. Tabimori and its partners or licensors retain all rights in the Services and Tabimori Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Tabimori or any third party is granted under this Agreement.
6. Application License. Subject to the terms and conditions of this Agreement, Tabimori grants User a non-exclusive, non-transferable, revocable license to use the Tabimori Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.
7. Use Restrictions. The Services and Tabimori Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Tabimori expressly reserves all its rights and remedies under applicable state and federal laws. Tabimori reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Tabimori Content, except as expressly authorized by Tabimori; (2) take any action that imposes or may impose (in Tabimori’s sole determination) an unreasonable or a disproportionately large load on the Services or TABIMORI’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Tabimori Content to a third party; (5) use any portion of the Services or Tabimori Content to provide, or incorporate any portion of the Services or Tabimori Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Tabimori); (7) modify any Services or Tabimori Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Tabimori Content; (9) use the Services or Tabimori Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Tabimori Content or access or use the Services or Tabimori Content for competitive analysis or benchmarking purposes.
8. Termination. Tabimori may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Tabimori may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Tabimori Policies).
9. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Tabimori reserves the right (but has no obligation) to monitor, remove, or edit User Content in Tabimori’s sole discretion, including if User Content violates this Agreement (including any Tabimori Policies), but you acknowledge that Tabimori may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Tabimori a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Tabimori takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
10. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Tabimori and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Tabimori’s request) defend Tabimori, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Tabimori Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
11. Disclaimer of Warranties. The services, all Tabimori content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “AS IS” basis and without warranty of any kind. Tabimori expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Tabimori does not warrant that your use of the services will be uninterrupted or error-free, that Tabimori will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Tabimori shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Tabimori.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
12. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Tabimori. Such hypertext links are provided for User’s reference only, and Tabimori does not control such websites and is not responsible for their content. Tabimori’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Tabimori assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.
13. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the Japanese.
Revision date: NOVEMBER 2, 2015