The user policy of this site

Article 1 (Terms)
  • In the provision of “Cherry Garden Japan” (hereinafter “this site”) operated by The Gazpacho Enterprise.LLC, the terms of use applied to users of this site (hereinafter “users”) shall be as follows under the “Cherry Garden Japan Terms of Use” (hereinafter “these terms”).
  • Where there are usage terms posted on the site in addition to these terms, said terms shall constitute part of these terms.
  • Users etc. that use this site shall be deemed to have agreed to these terms.
  • These terms shall be posted on this site, and the terms posted on this site shall always be up to date, and shall be so applied.
  • The company may alter these terms of use from time to time.
Article 2 (Service Content)

Through this website, The Gazpacho Enterprise.LLC provides information on restaurants (hereinafter “the service”).

Article 3 (Use of the Service)
  • Users shall use this service by preparing the equipment, software, and means of communication necessary to use the service, at their own cost and responsibility.
  • The Gazpacho Enterprise.LLC shall not assume any responsibility with regard to the preparation or methods of users in using the service.
Article 4 (Changes to Service Content)
The Gazpacho Enterprise.LLC may change, stop or discontinue the service without notice to users. In such an event, The Gazpacho Enterprise.LLC shall not be responsible in any way to the users.
Article 5 (Prohibitions)

Users may not perform the following acts in the use of the site.

  • Acts which infringe or may infringe on the intellectual property such as copyright, privacy, or good name of The Gazpacho Enterprise.LLC, other users etc. or other third party.
  • Pretending to be The Gazpacho Enterprise.LLC employees or other users.
  • Attempting to falsify service content.
  • Users utilizing all or part of the service and its tools or commercial purposes.
  • Using the service to disseminate chain emails, spam email or junk email etc.
  • Acts which destroy or limit computer software or hardware using viruses etc., or other access to the site for improper purposes.
  • Collecting, publishing or leaking the personal information of other users.
  • Acts of crime or acts which lead to or glorify crime.
  • Use of the service or access to the site, in whole or in part, for purposes other than enjoying private browsing (regardless of the form of use, such as use, duplication, copy, sale or screening etc.).
  • Use of the service name of the site, names or restaurants or cuisine used on the site or other trademarks for commercial purposes without the prior consent of the rights holder.
  • Acts in violation of the law or contrary to public policy.
  • Acts which interfere with the business of The Gazpacho Enterprise.LLC
  • Other acts deemed inappropriate by The Gazpacho Enterprise.LLC
Article 6 (Exemption from Liability)

1. The Gazpacho Enterprise.LLC shall be exempt from the following

  • Ensuring the completeness, accuracy, safety and newness of information posted on the site.
  • Ensuring that the service meet the expectations of users.
  • Ensuring that there are no faults, problems or errors in the provision of the service.
  • Ensuring that the products, services and information obtained through the service meet the expectations of users.
  • Ensuring no damage from the advertisements on the site, or from transactions based on the advertisements on the site.

2. All claims, damages or requests resulting from trouble caused by the use of this site by users etc., the disclosure of self-information, connection to this site or the violation of these terms shall be resolved at the cost and responsibility of the user etc. Also, in the event that this results in costs to The Gazpacho Enterprise.LLC or other monetary damages etc., The Gazpacho Enterprise.LLC may claim the payment of said costs or damages (including attorney fees paid by The Gazpacho Enterprise.LLC) from the user etc.

Article 7 (Handling Links)

1. The Gazpacho Enterprise.LLC does not assume any responsibility for trouble or damage to the terms or activities of third party web sites or resources linked by the service or this website.

2. In principle, people are free to link to this site. However, links that are placed shall be deemed to be communications with The Gazpacho Enterprise.LLC, and shall link to the front page of this site. Where the content of linked sites or link methods correspond with any of the following, you may be asked to remove the link.

  • Not contrary to public policy
  • Not likely to lead to criminal behavior
  • Not associated with pre-election activities, campaigning or other similar acts
  • Not religious or ideological content
  • Not defamatory or slanderous of third parties
  • Not infringe on the intellectual property or privacy rights of third parties
  • Not infringe on the copyrights of third parties
  • Not for commercial or sales purposes
  • Not conflict with other laws
Article 8 (Intellectual Property)

1. The intellectual property associated with all works included in this service or its contents (text, pictures, photographs, audio, video, programs etc. and other derivative works), including copyrights, logos, service mars and other trademarks etc., are assumed to be the property of The Gazpacho Enterprise.LLC or the original rights holders, and are protected by the Copyright Act, Trademark Act or other intellectual property laws and regulations.

2.Users etc. shall recognize that the following acts may infringe copyrights, trademarks or other intellectual property rights under the service, and shall not act to infringe these rights.

  • Duplication of content obtained through the service.
  • Transmit or enable the transmission of all or part of the content of the service, or the distribution, sale, transfer, lease, translation, adaptation or licensing to third parties.
  • Removing technical protections applied to content such as copying or retransmission limits.
  • Public transmission of the content (to an unspecified number of people).

3. In the event that users etc. violate this section and infringe on the intellectual property rights of The Gazpacho Enterprise.LLC or original rights holders, The Gazpacho Enterprise.LLC may request an injunction against the copyright infringer, and The Gazpacho Enterprise.LLC may claim any damages suffered as a result, or any benefit obtained by the user etc.

Article 9 (Disclaimer)

1. The Gazpacho Enterprise.LLC provides the service on an as is basis, for the private application of its users etc., and does not bear any responsibility for the performance, accuracy, completeness, applicability or usefulness of the provided content or data etc.

2. Regarding any damages suffered by users etc. or third parties as a result of the use of the service or an inability to use the service (including any damages caused by disputes arising between users etc. and third parties), other than for those reasons specified within these terms, The Gazpacho Enterprise.LLC shall accept no liability and shall not be responsible for the payment of any compensation for damages.

Article 10 (Changes to Terms)

The Gazpacho Enterprise.LLC may alter the terms of this Agreement from time to time. Users etc. shall be assumed to acknowledge the changed to content at the point at which they are published on the site. Also, The Gazpacho Enterprise.LLC shall not be responsible for any issues associated with said changes.

Article 11 (Governing Laws, Jurisdiction)

These terms and conditions are subject to Japanese laws. In addition, in the event of a dispute between The Gazpacho Enterprise.LLC and users etc. in relation to this site, the service, or its terms and conditions, the Tokyo District Court shall be the court of exclusive jurisdiction.

Supplementary Provisions
This Agreement shall be enforced on September , 2016

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