The Flying Circus Inc. (hereinafter referred to as "the Company") provides services that allow registered users (hereinafter referred to as "the User" (singular) or "Users" (plural)) to gather information and post reviews about gins, and to purchase gins via a mobile application or third-party websites (hereinafter referred to as "the Services").
The Company's head office address is 1-3-1 Higashi, Shibuya-ku, Tokyo, Japan. For inquiries regarding the Services, please contact the Company by visiting https://juniper-app.com.
These terms of use (hereinafter referred to as "these Terms") set forth the legally binding terms and conditions between the Company and the User that govern the User's use of the Company's website juniper-app.com (hereinafter referred to as "the Website") and its application for mobile devices (hereinafter referred to as "the App"). It is necessary for the User to read the full text of these Terms carefully and register their agreement before using any of the functions of the Website or the App (the Website and App are collectively referred to as "the Platform").
By agreeing to these Terms, the User agrees to read, understand, and comply with all related terms and agreements with the Company in order to use the Services, such as the Company's Privacy Policy.
Last updated: June 1, 2020
1. Registration and Services
(1) Users who have registered for the Platform may use the Services to gather information on many kinds of gins, post their reviews about gins, and purchase gins through third-party websites.
(2) Users who wish to use the Services shall sign in using a third-party application service such as Facebook. However, Users may make partial use of the Services without signing up; in which case, the User's data shall only be collected based on the User's consent to the Cookie policy set out in the Company's Privacy Policy.
(3) When registering for the Platform, the User shall register and sign in by logging in using a third-party application service such as Facebook. At that time, the User shall authorize the Company to access specific account information such as basic profile information (e.g., the email address and password) for the relevant third-party application. No information shall be disclosed except for information that the User permits the Company to make public. However, information and data provided by the User may be used or made public by the Company as statistical information in a form in which individuals cannot be identified, and the User shall permit this. For example, location information shall not be disclosed, but it may be displayed on a world globe and a map in a manner that is not linked to personal information.
(4) The handling of registered information by the Company shall be in accordance with the Company's Private Policy specified separately, and the User shall use the Services after consenting to such handling. The User shall be responsible for properly managing the information necessary for using the Services, such as the password, and shall not allow other parties to use such information. The User shall be held liable for any damages arising from their failure to maintain the security of the information as described above, and the Company shall bear no liability for such damages.
(5) Even after the User's registration process has been completed, if any of the following conditions apply, the Company shall terminate the User's account, discontinue provision of the Services, and promptly delete the account and all personal information provided by the User to the Company.
- When the User is a minor
- When the User falls under the category of antisocial forces, etc. (which refers to organized crime groups, organized crime group members, right-wing groups, antisocial forces or persons equivalent thereto; the same shall apply hereinafter), or when the Company considers that the User is engaged in interaction or involvement with antisocial forces, such as by cooperating with or engaging in the preservation, operation, or management of antisocial forces by means of funding or other means
2. The User's Obligations
(1) The User shall at all times provide the Company with accurate account information including their name, address, and email address. Moreover, the User shall notify the Company of any changes to the said information without delay.
(2) When using the Services, the User shall not engage in any of the following acts or any other acts that the Company determines to be applicable to the following.
- Acts that violate applicable laws or regulations, or acts that are related to criminal acts
- Fraudulent or threatening acts against the Company, other Users of the Services, or any other third party
- Acts that violate public order and morals
- Acts that infringe on the intellectual rights, portrait rights, privacy rights, reputation, or other rights or interests of other Users of the Services or of any other third party
- Sending via the Services either to the Company or to other Users of
the Services any information that corresponds to or that the Company determines to be
applicable to the following:
- Information containing excessively violent or cruel expressions
- Information containing computer viruses or other harmful computer programs
- Information containing expressions damaging to the reputation or credibility of the Company, other Users of the Services, or any other third party
- Information containing excessively obscene expressions
- Information containing expressions that encourage discrimination
- Information containing expressions that encourage suicide or self-injury
- Information containing expressions that encourage inappropriate use of drugs
- Information containing antisocial expressions
- Information encouraging the recipients to disseminate information to others, such as chain mails
- Information containing expressions that make others uncomfortable
- Acts that overload the network of the Services or system
- Acts that may disrupt the operation of the Services
- Acts or attempted acts of unauthorized access to the network of the Services or system
- Impersonating the Company or a third party
- Using the IDs or passwords of other Users of the Services
- Promoting, advertising, soliciting or engaging in sales activities without receiving the prior permission of the Company
- Collecting the information of other Users of the Services
- Acts that cause disadvantage, damage, or a sense of discomfort to other Users of the Services or to other third parties
- Providing benefits to antisocial forces or persons equivalent thereto
- Acts that directly or indirectly cause or encourage the acts listed in items 1 to 14 of this paragraph
- Other acts that the Company determines to be inappropriate
(3) When the User uses the Platform, the use of the App or some functions may be prohibited or restricted in certain countries. The User shall be responsible for complying with local laws and regulations governing access to or use of the Platform, and the Company shall bear no responsibility for such limitations.
(4) The User shall be responsible for installing available updates to the App. The Company shall bear no responsibility for any inconvenience caused by failure to install such updates.
3. The User's Responsibilities
(1) The User shall use the Services at their own risk and shall bear sole responsibility for all acts performed in using the Services and for the results thereof.
(2) The User shall bear sole responsibility for any posts and reviews that they make on the Platform or that are visible to public view.
(3) The User shall bear sole responsibility for all of their interactions related to the Platform with other Users or with third-party websites. In no event shall the Company be held liable, whether directly or indirectly, for loss or damage arising out of any transaction, communication, dispute or other similar interactions between the User and other Users or third-party websites.
(4) At the Company's request, the User shall immediately compensate the Company for any damage (including legal fees) suffered by the Company directly or indirectly as a result of the User's use of the Services.
4. Ownership of Rights
(1) All intellectual property rights relating to the Platform or the Services are owned by the Company or by its licensors. Permission to use the Services under these Terms does not constitute the granting of a license to use the Company's or its licensors' intellectual property rights with respect to the Platform or the Services.
(2) The User grants the Company worldwide, nonexclusive, royalty-free, sublicensable and transferrable license permitting the use, reproduction, and distribution of any data posted by the User and the creation, display and execution of derivative works thereof.
(3) The User agrees not to assert their moral rights as the author of licensed data or works against the Company or against any successor or licensee of the Company's rights.
5. Suspension or Interruption of the Services
(1) The Company may suspend or interrupt provision of the Services in whole or in part without giving prior notice to Users in any of the following cases:
- When computer systems related to the Services are under emergency maintenance
- When computers, communication lines, and other related systems are shut down due to accidents
- When operation of the Services becomes impossible due to force majeure causes, including but not limited to earthquake, lightning strike, fire, storm or flood damage, power outage, or natural disaster
- In other cases where the Company considers it necessary to suspend or interrupt the Services
(2) The Company shall not be liable for any damages incurred by the User resulting from suspensions or interruptions due to the causes listed in the preceding paragraph.
6. Disclaimer of Warranties
(1) The Company makes no warranties, whether explicit or implied, regarding the accuracy of reviews of and information about gins.
(2) The Company makes no warranties, whether explicit or implicit, that the Services are suitable for the User's particular purpose, that they possess a functionality, commercial value or usability that meets the User's expectations, that the User's use of the Services is consistent with the laws and regulations or internal rules of the industrial organizations that are applicable to the User, or that the Services shall be continuously available and free from malfunction.
(3) When the User uses a third party website, the terms of use and other conditions stipulated by that website operator may apply.
7. Limitation of Liability
(1) The User shall use the Services at their own risk. Therefore, in principle, the Company shall not be held liable for the User's use of the Services.
(2) Even in the event that the Company is held liable for damages relating to the Services, the amount of the Company's liability shall be limited to Fifteen Thousand Yen (\15,000), and the Company shall not be liable for any loss of data, loss of income, incidental damages, indirect damages, special damages, or loss of profits.
(3) The limitation of liability set out in this section shall apply to the extent permitted by applicable law.
8. Duration and Termination
(1) These Terms shall apply as long as the User's account remains active.
(2) The User may delete and cancel their account at any time.
(3) The Company may terminate the User's account immediately without prior notice if the User violates any of the provisions of these Terms.
(4) Termination of User's account does not release the User from any obligations incurred under related terms and other agreements that have not been explicitly terminated, such as the Company's Privacy Policy specified separately.
9. Changes to These Terms of Use
These Terms may be changed at the Company's sole discretion and the User shall be notified subsequently of any such change. By using the Platform after receiving the notification, the User shall be deemed to have agreed to the changes to these Terms.
An updated version of these Terms is available at any time at juniper-app.com.
10. Changes to the Content and Discontinuance of the Services
(1) The Company may make changes to the content of the Services or discontinue provision of the Services at its own discretion. The Company shall give prior notice to the User in the event that it discontinues provision of the Services.
(2) The Company shall assume no liability for any damages suffered by the User resulting from the aforementioned changes to or discontinuance of the Services.
11. Advertising
The Company may place its own advertisements or those of third parties on the Services.
12. Miscellaneous
If any provision of these Terms or any part thereof is found to be legally unenforceable, this shall not affect the enforceability of any other of the provisions.
13. Laws and Jurisdictions
Any disputes arising out of these Terms and all other related terms and agreements or any other disputes or claims arising out of or in connection with the use of the Platform shall be subject to the agreed exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court of Japan in the first instance, and the matter shall be resolved in accordance with Japanese law.