Terms and Conditions of Use・Privacy Policy

Article.1 (Purpose)

1. This Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions”) shall be governed by and construed in accordance with the laws of Japan. The Terms and Conditions shall apply to Users (defined in Article 2)  of “Rail-Navi” (hereinafter referred to as the "Service")  operated by KATO Co., Ltd (hereinafter referred to as the "KATO"). The Users use the Service upon agreeing to the Terms and Conditions.

2. The Terms and Conditions sets forth the terms and conditions of use of the Service. All users who register as users of the Service are required to comply with the Terms and Conditions.

3. When the user agrees to the Terms and Conditions, an Agreement (defined in Article 2) is formed between the user and KATO.

 

Article.2 (Definition)

The following terms used in this Agreement shall have the meanings set forth in the following items.

1. “Agreement": The agreement for the use of the Service between KATO and a User, which is based on the Terms and Conditions.

2. “User(s)": All registered user(s) of the Service.

3. “User Information": The email address and password of a User registered for the Service.

4. “Telecommunications equipment": Smartphones, tablets, and computer equipment.

 

Article.3 (User Registration)

1. A person who wishes to become a user of the Service shall agree to the terms and conditions of this Agreement and shall register as a user in accordance with the procedure.

2. In the event of any change in the information registered in accordance with the preceding paragraph, the User shall be obligated to immediately follow the procedures for changing the registered information.

3. KATO reserve the right to refuse user registration at its discretion.

4. The User shall not transfer or lend his/her account on the Service to any third party.

 

Article.4 (Contents of this service)

This service provides contents related to Trains and Model Railroad and a place for users to interact with each other.

 

Article.5 (Membership System)

1. In principle, this service is provided free of charge.

2. A user can become a paid member by paying the membership fee determined by KATO in accordance with the prescribed procedure. During the period of validity, the paid membership entitles the user to use the KATO Model Railroad Electronic Catalog browsing service and to free admission (invitation) to the "Model Railroad Contest" event, which is valid for one year.

3. A paid member may extend the validity period for another one (1) year by completing the prescribed extension procedures between two (2) months prior to the expiration of the validity period and the date of expiration of the validity period as specified in the preceding paragraph. If the period of validity expires without extension, the paid membership will be suspended.

4. Even if the membership fee is revised during the period of validity, no refund or additional charge will be made for any shortfall or excess. The revised membership fee will be applied from the time of the extension of the validity period as described in the preceding paragraph.

 

Article.6 (Management of user information and telecommunications equipment)

1. The User shall, at his/her own expense and responsibility, provide all necessary equipment, communication means, transportation, and other environment necessary to receive the Service. The User shall bear all communication costs required to use the Service.

2. The User shall be responsible for the management of User information and telecommunication equipment. The User shall be responsible for any damage caused by inadequate management of User information and telecommunication equipment, errors in use, or use by third parties, and KATO shall not be liable for any damage unless such damage is intentional or negligent on the part of KATO.

3. If there is a possibility that User information or telecommunication equipment may be used by a third party, User shall immediately notify KATO to that effect and follow KATO's instructions, if any.

 

Article.7 (Terms and Conditions for Provision of this Service)

KATO may suspend or change the Service for maintenance or other reasons without notice to the user.

 

Article.8 (Intellectual property rights, etc.)

1. If Users transmit content on the Service, Users grants KATO a free and unrestricted license to use the copyright (including the rights stipulated in Articles 27 and 28 of the Copyright Act) in the content.

2. Users may not reproduce, reprint, publicly transmit, modify or otherwise use any information or content　(hereinafter collectively referred to as "Our Content") provided by the Service in any manner or form, except as exceptionally permitted under the Copyright Act.

3. All copyrights, patent rights, trademark rights, design rights, and other intellectual property rights related to Our Content shall belong to KATO or the licensor who has licensed the Content to KATO.  Users may not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or make any other secondary use of Our Content.

4. If a User violates the provisions of this Article and a problem arises, the User shall resolve the problem at his/her own expense and responsibility, and shall take appropriate measures to prevent any disadvantage, burden, or damage to KATO.

5. The User shall not exercise moral rights (including the right of publication, the right of name attribution, and the right of identity preservation) against KATO, third parties who have legitimately acquired the rights from KATO, or persons who have succeeded to the rights from such third parties, with respect to any part of the contents of the Website that may become a work of authorship.

 

Article.9 (Prohibition)

1. In using the Service, KATO prohibits the following acts by users

1. Violation of the Terms and Conditions

2. Any act that infringes or may infringe the intellectual property rights, patents, utility model rights, design rights, trademark rights, copyrights, portrait rights, or other proprietary or personal rights of KATO, its licensors, or any other third party.

3. Actions that cause or may cause disadvantage or damage to KATO or third parties

4. Acts that unfairly injure or threaten to injure the honor, rights, or credit of others

5. Violation of laws, regulations, or ordinances

6. Actions that offend or may offend public order and morals, or actions that provide information to other Users or third parties that may offend public order and morals.

7. Criminal acts, acts that lead to or encourage criminal acts, or acts that may lead to or encourage criminal acts

8. Providing information that is untrue or may be untrue.

9. Unauthorized access to system, falsification of program code or location information resulting from such access, intentional deception, cheating by using specifications or other applications of telecommunications equipment, distribution of computer viruses, or any other act that interferes with or may interfere with the normal operation of this service.

10. Use of macros, functions or tools that automate operations

11. Acts that damage or may damage the credibility of this service

12. Actions that may have a negative impact on the mind, body, and sound development of young people

13. Using the Service by impersonating a third party through the use of another user's account or by any other means.

14. Actions that lead or may lead to crimes such as fraud, illegal sales of savings accounts and cell phones, etc.

15. Acts related to the proceeds of crime, acts related to the financing of terrorism, or acts suspected of being related to the financing of terrorism

16. Any other actions that KATO deems inappropriate.

1. If KATO determine that a user's conduct falls under any of the items in Paragraph 1, KATO may take any or all of the following actions without prior notice.

1. Restrictions on Use of this Service

2. Withdrawal from membership

3. Other action that KATO reasonably deems necessary.

 

Article.10 (Release)

1. KATO reserve the right to terminate this Agreement and cancel the membership without any notice, etc., if any of the following events occurs.

1. If the registration information contains false information

2. If you have been expelled from the membership by KATO in the past

3. When KATO are notified of the death of the User by the User's heirs, etc., or when KATO are able to confirm the fact of the User's death.

4. When a minor uses this service without the consent of a legal representative

5. When an adult ward, person under curatorship or person under assistance uses the Service without the consent of the adult guardian, person under curatorship or person under assistance, etc.

6. If you do not respond to KATO’s request in good faith

7. Other cases in which KATO deems it inappropriate

1. In addition to the cases listed in each item of the preceding paragraph, KATO may cancel this Agreement and withdraw the User's membership by giving the User 30 days' prior notice. In addition, if the User wishes to cancel the membership, the User may cancel and withdraw from this Agreement as of the last day of the current month by following the withdrawal procedure determined by KATO.

2. A user who withdraws from membership in accordance with the measures described in Paragraphs 1 and 2 shall forfeit the benefit of the term upon withdrawal and shall immediately fulfill all obligations owed to KATO.

 

Article.11 (Non-guaranteed and indemnified)

1. KATO makes no warranty as to the completeness, accuracy, or validity of the contents of the Service. In addition, KATO does not warrant that the Service will be uninterrupted, discontinued, or otherwise uninterrupted.

2. In using the Service, users may be transferred from the Service to other services operated by third parties related to the Service (hereinafter referred to as "External Services"). In such cases, the User shall use the Service and External Services upon agreeing to the Terms and Conditions of the External Services at the User's own responsibility and expense. KATO does not guarantee the completeness, accuracy, validity, etc. of the content of the External Service.

3. KATO will not be liable for any damages incurred by users due to their failure to change their registration information.

4. Users are requested to use the Service within the scope of the laws and regulations. KATO shall not be liable for any infringement of Japanese or foreign laws and regulations by the User in connection with the use of the Service.

5. Even if user information is stolen due to unauthorized access or other unforeseen acts, KATO will not be liable for any damages incurred by the user resulting from such theft.

6. KATO shall not be liable for any failure of performance of this Agreement, in whole or in part, due to natural disasters, acts of God, earthquakes, fires, strikes, stoppages of commerce, wars, civil disturbances, epidemics of infectious diseases, or any other force majeure.

7. In the event that a user has any trouble (whether within or outside the Service) with another user in connection with the use of the Service, KATO shall not be liable for any such trouble. KATO assume no responsibility for any trouble between users, and any trouble between users shall be resolved at the user's own expense and responsibility.

 

Article.12 (Liability for damages)

1. In the event that KATO and the User cause damages to the other party in connection with a breach of the Terms and Conditions or use of the Service, KATO and the User shall immediately compensate the other party for such damages (including reasonable attorney's fees) .

2. In the event that KATO is liable for damages to a user pursuant to the preceding paragraph or the law, such liability shall be limited to the user's usage fee in the case of a paying member, and up to JPY 3,000 in all other cases. However, this shall not apply in cases of willful misconduct or gross negligence on the part of KATO.

 

Article.13 (Discontinuation of this service)

1. KATO may discontinue all or part of the Service at any time at its discretion.

2. In the case of total discontinuation of the service in accordance with the preceding paragraph, KATO shall notify users at least one year in advance, and in the case of partial discontinuance, KATO shall notify users with a reasonable grace period.

 

Article.14 (Confidentiality)

1. User and KATO shall strictly and properly manage the Confidential Information (including know-how concerning the Service, information concerning KATO's systems, and any and all technical or business confidential information) of the other party obtained in connection with the provision/use of the Service, and shall not disclose, provide, or divulge such information to any third party (including KATO's affiliates and subcontractors) without the prior written consent of the other party, or use such information for any purpose other than the provision/use of the Service.

2. The following information shall not constitute Confidential Information

1. Information already in possession at the time of disclosure

2. Information that was already public knowledge at the time of disclosure or information that subsequently became public knowledge due to reasons beyond the control of KATO

3. Information obtained legitimately from a third party after receiving disclosure

4. Information independently developed or created without the disclosed confidential information

5. Information requested to be disclosed pursuant to laws and regulations or court orders

1. Upon instruction of the other party or upon termination of this Agreement, the User and KATO shall promptly return or dispose of the Confidential Information in accordance with the instructions of the other party after restoring it to its original state, and shall not use it thereafter.

2. In the event that KATO disclose the User's Confidential Information to affiliates or subcontractors with the User's consent, KATO shall not be liable for the handling of such confidential information by such affiliates or subcontractors.

3. KATO may use the User's Confidential Information for the purpose of providing the Service.

 

Article.15 (Elimination of antisocial forces)

1. The User and KATO represent and warrant that they do not currently fall under the category of Boryokudan (organized crime groups), Boryokudan members, persons who have been Boryokudan members for less than 5 years, quasi-organized Boryokudan members, Boryokudan-related companies, general assemblymen, etc., socially motivated groups, or special intelligent violent groups, or other similar persons (hereinafter collectively referred to as "Boryokudan Members, etc."). (hereinafter collectively referred to as "Boryokudan-in etc."), and that they do not fall under any of the following items and will not fall under any of the following items in the future.

1. Having a relationship in which it is recognized that a Boryokudanin, etc. controls the management of KATO.

2. Having a relationship in which Boryokudan-in etc. are deemed to be substantially involved in the management of KATO.

3. Having a relationship that is deemed to involve unjustified use of Boryokudan-in etc., such as for the purpose of making unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.

4. (iii) To have a relationship that is deemed to involve Boryokudanin, etc., such as providing funds, etc., or offering favors, etc., to Boryokudanin, etc.

5. (iii) An officer or a person substantially involved in the management of KATO has a socially reprehensible relationship with a Bouryokudanin, etc.

1. The user and KATO shall ensure that neither the user nor KATO will commit any of the following acts by themselves or using a third party.

1. Violent demanding behavior

2. Unreasonable demands beyond legal responsibility

3. Threatening words or deeds or using violence in connection with a transaction.

4. Acts of spreading rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business.

5. Other acts similar to the preceding items

1. If it is found that the other party is a Boryokudanin, etc., or falls under any of the items of Paragraph 1, or commits any act falling under any of the items of the preceding paragraph, or makes any false declaration regarding the representations and warranties under Paragraph 1, the User and KATO may, regardless of whether or not the cause is attributable to the User, terminate this Agreement without notice to the other party. KATO may terminate this Agreement without any notice to the other party, regardless of whether there is any reason attributable to KATO or not.

2. In the event of termination of this Agreement pursuant to the preceding paragraph, the User and KATO acknowledge and agree that KATO shall not be liable to compensate the other party for any damages incurred by the other party.

 

Article.16 (Responding to inquiries)

1. Although KATO will endeavor to respond to inquiries from users regarding the Service, KATO are under no obligation to do so, except in cases where KATO are obligated or liable under law or the Terms and Conditions.

2. KATO are under no obligation to disclose KATO’s criteria for whether to respond to user inquiries.

 

Article.17 (Assignment, etc. of Positions, etc.)

Neither the User nor KATO may assign, transfer, grant a security interest in, or otherwise dispose of to a third party, in whole or in part, the position under this Agreement or the rights or obligations under this Agreement, without the prior written consent of the other party. However, this shall not apply to stock transfers, business transfers, mergers, company splits, and other reorganizations.

 

Article.18 (Handling of personal information)

Personal information in this service will be handled in accordance with the "Privacy Policy" set forth by KATO.

 

Article.19 (Severability)

1. Even if some of the provisions of the Terms and Conditions are determined to be invalid under laws and regulations, the other provisions of the Terms and Conditions shall remain valid.

2. If any provision of this Agreement is invalid or revoked in relation to one User, this Agreement shall remain valid in relation to other Users.

 

Article.20 (How to deal with violations)

1. Users should contact KATO if they discover any violations of the Terms and Conditions.

2. Users may not object to KATO's handling of any violation of the Terms and Conditions.

 

Article.21 (Term of validity of this Agreement)

The term of validity of this Agreement shall be from the time of formation of this Agreement until the User withdraws from this Agreement. The provisions of Article 8, Article 10, Paragraph 3, Articles 11 through 13, Article 15, Paragraphs 3 and 4, Article 17, Article 19, this Article, Article 23, and Article 24 shall survive the termination of this Agreement.

 

Article.22 (Modification of the Terms and Conditions)

1. KATO may modify this Agreement at any time in accordance with the provisions of Article 548 - Clause 4 of the Civil Code, if any of the following items applies. After the Terms and Conditions have been modified, the modified Terms and Conditions shall apply to this Agreement.

1. When the modification of the Terms and Conditions is compatible with the general interest of the User.

2. the modification of the Terms and Conditions is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification.

1. In the event of modification of the Terms and Conditions, KATO shall specify the effective date of the modified and notify users of the contents and effective date of the modified at least two weeks prior to the effective date, by displaying the modified Terms and Conditions on the Service, or by any other method prescribed by KATO.

2. Notwithstanding the provisions of the preceding two paragraphs, if a user uses the Service after the changes to the Terms and Conditions are made known to the user in the preceding paragraph, or if the user does not follow the cancellation procedures within the period specified by KATO, such user shall be deemed to have agreed to the changes to the Terms and Conditions.

 

Article.23 (Governing law)

All applicable laws regarding the Terms and Conditions and Agreement shall be governed by the laws of Japan.

 

Article.24 (Agreed Jurisdiction)

Any litigation between a user and KATO shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

 

Article.25 (Other)

1. The User shall comply with any additional terms and conditions that are not stipulated in the Terms and Conditions, if any. In this case, such details, etc. shall become an integral part of this Agreement.

2. The details, etc. shall become effective from the time they are posted in the designated section of KATO.

3. In the event of any inconsistency or conflict between the details and the Terms and Conditions, the Terms and Conditions shall prevail.

 

Supplementary Provisions

• February 13, 2024: Enacted and enforced