Terms and Conditions

These Terms and Conditions (these “Terms and Conditions”) set forth, pertaining to the use of any and all services provided by Synchronicity, Inc. (the “Company”) under the name THE BUCKET LIST, the terms and conditions for the Services (as defined in the Article 2.1.6. in these Terms and Conditions, omitted hereinafter), matters to be complied with by the Registered User (as defined in the Article 2.1.4.) and the rights and obligations between the Company and Registered Users of the Services. You shall read and agree to the entire Terms and Conditions before using the Services.

 

Article 1    Applicability

  1. The purposes of these Terms and Conditions is to set forth the terms and conditions for providing the Services and the rights and obligations between the Company and the Registered Users, and these Terms and Conditions shall apply to all aspects of the relationship between the Registered User and the Company in connection with the Services.
  2. Any rules and regulations for use of the Services occasionally posted on our website (the “Website” as defined in the Article 2.1.3.) shall constitute an integral part of these Terms and Conditions.
  3. If there is any conflict between these Terms and Conditions and the Rules or any other description of the Services not provided for herein, these Terms and Conditions will prevail.
 

Article 2    Definitions

For purposes of these Terms and Conditions, unless otherwise defined separately or construed as a separate meaning from the context, the following terms have the following meanings.
  1. “Service Agreement” means any agreements relating to the Services to be executed between the Company and the Registered User pursuant to the Article 3.4.
  2. “Intellectual Property Rights” or “IP Rights” means copyrights, patents, trade marks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
  3. “Website” means such website as may be from time to time operated by the Company, whose domain name is http://highfive-aloha.com or if such website’s domain name or content has been modified for any reasons, such modified website.
  4. “Registered User” means any person or entity that has been registered as a user of the Services pursuant to Article 3 (Registration).
  5. “Posted Data” means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the Registered User hereunder.
  6. “Services” means any and all services provided by the Company under the name THE BUCKET LIST (or if such name or the content of such services has been modified for any reasons, such modified services).
  7. “External Cooperation Service” means any social networking service provided by Facebook or any other operators that has a function to identify the Registered User, make public the Registered User’s relationship with its friends, release any contents to the relevant external social networking services, and that can arrange any services used for the Service and arrange any services provided by any entity other than the Company.
  8. “External Cooperation Service Provider” means any service provider providing External Cooperation Service.
  9. “Terms and conditions of External Cooperation Service” means any terms and conditions that define the rights and obligations between the Registered User and the External Cooperation Service Provider.
 

Article 3    Registration

  1. A person wishing to use the Services (a “Candidate”) may apply to the Company for registration to use the Services by agreeing to comply herewith and providing certain information as specified by the Company (the “Registration Information”) in accordance with such manner as may be prescribed by the Company.
  2. A Candidate shall apply for the registration in its own as an individual or an entity to use the Services. Upon the application for the registration to the Services, the Candidate shall provide the Company with true, accurate and latest information.
  3. Pursuant to the first and second paragraph of this Article 3, a Candidate shall obtain consent from a person with its parental authority for the application for the registration in case the Candidate is a minor, and shall be deemed that there is such consent as an agreement to these Terms and Conditions is made.
  4. The Company shall determine whether to register a Candidate who made an application pursuant to the first, second and third paragraph of this Article 3 (an “Applicant”) in accordance with the Company’s criterion, and shall notify the Applicant of its approval, if the Company determines to do so. The Applicant’s registration as a Registered User shall be completed upon the notice by the Company pursuant to this paragraph.
  5. Upon completion of the registration pursuant to the foregoing paragraph, the Service Agreement shall become effective between the Registered User and the Company, allowing the Registered User to use the Services pursuant to these Terms and Conditions.
  6. The Company reserves the rights to refuse registration or re-registration of any Applicant without any obligation to disclose the reasons, in the event that:
    1. The Company determines that the Applicant is likely to breach any of these Terms and Conditions;
    2. Any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
    3. The Applicant is one whose registration of the Services was previously cancelled;
    4. The Applicant is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from such Applicant’s legal representative, guardian, curator or assistant;
    5. The Applicant was determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity (“Antisocial Force”), (ii) have any interaction or involvement with an Antisocial Force, or (iii) assist or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
    6. The Applicant was determined to be in violation of any agreements with the Company, or have involvement with a defaulting party of any such agreements;
    7. The Applicant has suffered any of the measures under the Article 12;
    8. In addition to the foregoing, the Company deems the registration inappropriate.
 

Article 4    Change to Registration Information

The Registered User shall promptly notify the Company of any change to the Registration Information in accordance with such manner as prescribed by the Company.

 

Article 5    Password and User ID Management

  1. The Registered User shall be responsible for keeping and maintaining its password and user ID for the Services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
  2. The Registered User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the Registered User’s password or user ID by a third party.
  3. The registered User shall notify the Company in case its password or user ID turns out to be stolen or used by a third party, and shall follow direction made by the Company.
 

Article 6    Use of the Services and Prohibited Actions

  1. The Registered User may use the Services for a period registered as a valid Registered User for sound purpose and within the scope not violating these Terms and Conditions, as stipulated by the Company.
  2. The Registered User shall prepare any devices necessary for its use of the Services, software and any other equipment and computer-mediated environment (including an execution of a contract with the External Cooperation Service Provider) at its own expenses and responsibilities.
  3. When using the Services hereunder, the Registered User may not conduct any of the following acts or any act that the Company determines falls under any of the following:
    1. acts that violate any internal rules of economic organization the Company or the Registered User belongs to;
    2. acts that are associated with criminal activity or acts against public order and good morals;
    3. acts that defraud or threaten the Company, other Registered Users or other third parties;
    4. acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights of the Company, other Registered Users, External Cooperation Service Provider or other third parties;
    5. acts to transmit to the Company or other Registered Users, through the Services, any of the following or any transmissions that the Company determines includes under any of the following:
      1. content that beautifies, induces or encourages suicide, self-mutilation or drug abuse;
      2. expression that may lead discrimination against ethnic group, race, gender and age;
      3. expression of sexual conduct and any other indecent content;
      4. expressively violent or cruel content and content that causes uncomfortable feelings to third parties;
      5. information for the purposes of sales and purchase and exchange (including advertisement, announcement and soliciting) of goods and services, irrespective of profit or non-profit purposes including information that may ultimately lead to sales and purchase and exchange of goods and services such as free-information seminar that may lead to sales of goods in the said seminar or execute any contract; provided however, that information approved by the Company shall be excluded;
      6. personal information including individual e-mail address, telephone number, number plate, saving account in financial institution and address regardless of identical person or third party;
      7. computer viruses or information that contains other hazardous computer programs;
    6. acts that place an excessive burden on the network, system or server of the Services or prompt the said acts, to a greater than normal use;
    7. acts that impede or cause hindrance to the operation of the Services or use of the Services by the Registered User;
    8. acts to access or attempt to access the system or network of the Services improperly;
    9. regardless of methods, acts that harass third parties including stalking actions;
    10. acts that induce third party including the Registered User into adult site through placing link, child prostitution, porno, acts that place link to downloading site of unexpurgated video image, transmission of information relating to adult goods through message or any other services in the Services;
    11. acts determined that have negative impact on personality formation of minor (including but not limited to transmissions of such expression as to beautify embroidery, drinking or smoking by minors)
    12. acts that the Registered User uses a whole or a part of the Services for commercial purposes (including use, regeneration, reproduction, sales and re-sales), provided however, that acts approved by the Company shall be excluded;
    13. acts that transmit multiple expressions by means of comment function for the purpose of advertisement, announcement or soliciting (including multi-poste, spam e-mail and chain mail);
    14. all medical acts or quasi-medical acts irrespective of profit or non-profit purposes (including drug abuse, spiritual, power stone, counselling or fortune-telling acts); provided however, that acts approved by the Company shall be excluded;
    15. acts to collect or accumulate or attempt to collect or accumulate personal information (as defined in the Article 2.1 of the Act on the Protection of Personal Information, the same hereunder) of other Registered Users or other information;
    16. acts that post or register false information (including name, company name, university or college name, date of birth, e-mail address, address) or acts to impersonate a third party;
    17. political acts or religious acts; provided however, that acts approved by the Company shall be excluded;
    18. acts that register the Services even in case that the use of the Services by the Registered User has been terminated due to its breaching acts;
    19. acts that invite the Registered User whose use of the Services has been cancelled;
    20. acts that leave pervasive and massive access records for inducing access;
    21. acts that mentally abuse or give economic damages to the Company or other Registered Users;
    22. acts that assist, promote or encourage activities by Antisocial Forces and acts to provide Antisocial Forces with profit;
    23. acts that are intended to encounter unacquainted persons of the opposite sex, or transmissions associated with other acquaintance with opposite sex;
    24. Solicitation for having sex;
    25. acts that communicate or trade goods and services without use of the Services; provided however, that acts approved by the Company shall be excluded;
    26. unreasonable inquiries or demands to the Company;
    27. other acts that the Company deems to be inappropriate.
  4. When the Company determines that transmission of information by the Registered User under the Services falls into or likely to fall into any of the preceding paragraphs, the Company may, without prior notice to the Registered User, delete all or part of the said information. The Company shall not be liable for any damages arising out of the measures taken by the Company pursuant to this paragraph.
  5. The Registered User shall report to info@scnc.co.jp when other Registered Users conduct any acts stipulated in the paragraph 3 of this Article 6; provided however, that the Company shall not be liable to delete or take other measure.
 

Article 7    Suspension of the Services

  1. The Company shall be entitled to, without any advance notices to the Registered User, suspend or discontinue the Services, in whole or in part, in the event that:
    1. Inspection or maintenance of the computer system for the Services needs to be performed due to regular or urgent circumstances;
    2. Computers or communication lines have been disrupted due to an accident;
    3. The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damages, power blackout and other natural disasters;
    4. External Cooperation Service Provider suffers from any troubles, suspension or discontinuance of operation of service, discontinuance of cooperation with the Services, or specification changes; or
    5. The Company determines that suspension or discontinuation is required for other reasons.
  2. Under no circumstances shall the Company be liable for any damages incurred by the Registered User arising out of any measures taken by the Company pursuant to this Article 7.
 

Article 8    Saving of Information

Even in the case where the Company saves posts created by the Registered User, messages send to and received by the Registered User, and any other information for a certain period for the Company’s operational purposes, the Company shall not be responsible for saving the said Information and may delete such information at any time at its own discretion. The Company shall not be liable for any damages incurred by the Registered User arising out of any measures taken by the Company pursuant to this Article 8.

 

Article 9    Duty of Care for Downloading

The Registered User shall pay a duty of care to avoid occurrences of extinction or alteration of the Information owned by the Registered User, failure or damage in equipment owned by the Registered User when the Registered User installs any software to its computer through downloading from the Website, and the Company shall not be liable for any damages incurred by the Registered User arising out of the said circumstances pursuant to this Article 9.

 

Article 10    Ownership of Rights

  1. Any and all ownership rights and IP Rights related to the Website and the Services are expressly reserved by the Company or the Company’s licensor. Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights owned by the Company or the Company’s licensor.
  2. The Registered User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted does not infringe any third party’s rights.
  3. The Registered User hereby grants to the Company a worldwide, non-exclusive, royalty-free, and sub-licensable and transferrable license to use, reproduce, distribute, make, express and create derivative works of the Posted Data. In addition, the Registered User hereby grants to the other Registered Users a non-exclusive license to use, reproduce, make, express and create derivative works of the Posted Data posted or otherwise transmitted by the Registered User using the Services.
  4. The Registered User hereby agrees not to exercise moral rights against the Company or any other person who succeeded to the same from the Company or a licensee thereof.
 

Article 11    Advertising

The Company may run an advertisement of the Company or a third party on the Website at its own discretion.

 

Article 12    Registration Cancellation

  1. The Company may, without prior notice or demand, delete the Posted Data, or temporarily suspend the use by the Registered User of the Services, cancel the Registered User’s registration as such or terminate the Service Agreement, in the event of any of the following:
    1. The Registered User failed to comply with any of provisions hereof:
    2. The Registered User underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Registered User;
    3. The Registered User died or was placed under the guardianship, curatorship or subsidiary;
    4. The Registered User has not used the Services for 6 months or more;
    5. The Registered User has not responded to inquiries from the Company or other communications requiring its response for 30 days or more;
    6. The Registered User falls under any of the subparagraphs of Article 3.6; or
    7. In addition to the foregoing, if the Company determined that it is not appropriate for the Registered User to use the Services, maintain its registration as a Registered User, or have the Service Agreement remain in effect.
  2. If one or more of events specified above occurred, all amounts owed to the Company by the Registered User shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
  3. The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with any actions taken by the Company pursuant to this Article 12.
  4. In the case where the Registration of the Registered User was cancelled, the Registered User shall, pursuant to the direction by the Company, return, dispose of or discard any software, manual and any other materials in connection with the Services provided by the Company.
 

Article 13    Withdrawal

  1. The Registered User may withdraw from the Services and cancel its registration as a Registered User by giving notice to the Company to that effect and pursuant to such manner as specified by the Company.
  2. Upon withdrawal, all amounts then due and payable from the Registered User, if any, shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
  3. Treatment of user information after the withdrawal shall be subject to the provision of Article 18.
 

Article 14    Services Modification and Termination

  1. The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the Registered User of any intended termination by the Company of the Services.
  2. The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with any actions taken by the Company pursuant to this Article 14.
 

Article 15    Disclaimer and Waiver of Warranties

  1. The Services may be collaborated with External Cooperation Service, but the Company shall not guarantee such collaboration and shall not be liable for its failure to collaborate with External Cooperation Service.
  2. In the event that the Services are in collaboration with External Cooperation Service, the Registered User shall comply with the Terms and conditions of External Cooperation Service on its own expense and responsibility. The Company shall not be liable for any disputes arising out between the Registered User and External Cooperation Service Provider.
  3. The Company makes no representation or warranty of validity, accuracy, legality and any other matters with respect to any information provided in the Services (including but not limited to any information provided by information transmitted from other Registered Users). Even in case where the Registered User may obtain any information relating to the Services or other Registered Users directly or indirectly from the Company, the Company makes no representation or warranty of the information beyond the scope stipulated under these Terms and Conditions.
  4. The Registered User shall examine on its own responsibility and expense whether its use of the Services is in violation of any rules and regulations or any internal rule of economic organization applicable to the Registered User, and the Company makes no representation or warranty that the Registered User’s use of the Services comply with the rules and regulations or the internal rule of economic organization applicable to the Registered User.
  5. The Company shall not in any way be liable for transactions, communications or disputes arising out between the Registered Use and other Registered Users or a third party in connection with the Services or the Website.
  6. Under no circumstances shall the Company be liable for any damages incurred by the Registered User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the Registered User to the Services, or failure of or damage to equipment through its use of the Services, or otherwise in connection with the Services (“Damages”).
  7. Under no circumstances shall the Company be liable for any website other than the Website and any information provided by such website even in case where link to other websites from the Website or link to the Website from other websites are provided.
  8. The Registered User shall be liable for contents of information transmitted by the Registered User under its use of the Services and the Company shall not be obliged to confirm the contents of the said information and shall not be liable for the information.
 

Article 16    Dispute Settlement and Damage Compensation

  1. In the event that the Registered User violates any of these Terms and Conditions and cause damage to the Company in connection with its use of the Services, the Registered User shall compensate the Company for the damage.
  2. In the event that, in connection with the Services, the Registered User receives any claim from other Registered Users, External Cooperation Service Provider or any third party, or any dispute arises out of between the Registered User and such third party, the Registered User shall immediately notify the Company thereof and, as per request by the Company, report the progress and the result to the Company.
  3. In the event that the Company receives any demand from other Registered Users, External Cooperation Service Provider or other third parties due to infringement of right or other reasons in connection with use of the Services by the Registered User, the Registered User shall compensate the Company for the amount the Company is held liable for the said third party upon such demand.
  4. The Company shall not be liable for any damages incurred by the Registered User in connection with the Services. Notwithstanding this Article 16 and other provisions stipulating the Company’s indemnification from damage compensation, the Company’s compensation is capped at the amount the Registered User has paid to the Company in the event that the Company is held liable for any damages against the Registered User due to the Consumer Contract Law of Japan or other reasons.
 

Article 17    Confidentiality

  1. For the purpose of these Terms and Conditions, “Confidential Information” means all information disclosed by the Company to the Registered User in written or verbal manner or media, or all information relating to the Company’s technology, sales, finance, organization and any other matters that is known to the Registered User in connection with these Terms and Conditions or the Services. However, (i) any information that is already known to the Registered User or in the public domain as of the date of provision or disclosure by the Company, (ii) any information that has entered the public domain through publication or others that is no fault of the Registered User after provision or disclosure by the Company, (iii) any information that is obtained without being bound by any confidentiality obligation from a third party who has a lawful rights and is not bound by any confidentiality obligation, (iv) any information solely developed by the Registered User without any confidentiality obligation, and (v) any information that is confirmed non-confidentiality obligation in writing by the Company, shall not constitute Confidential Information.
  2. The Registered User shall use Confidential Information for the exclusive purpose of its use of the Services and shall not disclose or divulge Confidential Information to a third party without the prior written consent of the Company.
  3. Notwithstanding the preceding paragraph, the Registered User may disclose Confidential Information pursuant to order, demand or request by law, court or administrative agency. However, the Registered User shall immediately notify the Company thereof in the event of the said order, demand or request.
  4. The Registered User shall obtain the prior written consent of the Company in the event that the Registered User reproduces any document or media that contains Confidential Information, and such reproduction shall be under tight control in the same manner as the second paragraph of this Article 17.
  5. At the Company’s request, the Registered User shall, without delay, return or dispose of all the Confidential Information and any document or media that contains Confidential Information in accordance with the instructions by the Company.
 

Article 18    Treatment of User Information

  1. Treatment by the Company of the Registered User’s information shall be subject to the provisions of the Company’s Privacy Policy (https://highfive-aloha.com/privacypolicy/), which are separately prescribed, and the Registered User hereby agrees to treatment by the Company of the Registered User’s information subject to such Privacy Policy.
  2. The Company may, in its sole discretion, use or make public any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify an individual, and the Registered User may not challenge or dispute such use.
 

Article 19    Validity Term

The Service Agreement shall be valid from the completion date of the Registration as the Registered User pursuant to the Article 3 and shall remain in full force and effect between the Company and the Registered User until the date on which the Registration of the Registered User has been terminated.

 

Article 20    Amendments

  1. The Company may freely amend or change the Services at its own discretion.
  2. The Company reserves the right to amend or change these Terms and Conditions (including but not limited to any rules and regulations relating to the Services posted at the Website) for reflecting any change in law or any amendment or change in the Services. In the event of any amendment or change to these Terms and Conditions, the Company shall post an announcement on the amendment or change of Terms and Conditions, and such amended or changed Terms and Conditions shall be applicable when the Registered User uses the Services after the amendment or change to the Terms and Conditions. Provided however, that the Company shall notify the Registered User thereof in the event of any amendment of change to these Terms and conditions if such amendment or change thereto may affect material impacts to the Registered User, and the Registered User shall be deemed to have agreed to such amendment or change to these Terms and Conditions if the Registered User uses the Services, or fails to take steps to cancel its registration within the time specified by the Company after the notice set forth above.
 

Article 21    Notice

Any inquiries with respect to the Services or other communications or notices from the Registered User to the Company, or the notices concerning any amendment to these Terms and Conditions or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

 

Article 22    Assignment

  1. The Registered User shall not assign, transfer, grant security interests in or otherwise dispose of its status under these Terms and Conditions or its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
  2. In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under these Terms and Conditions, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Article 22.2, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
 

Article 23    Severability

In the event that any provision of these Terms and Conditions or a part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other applicable laws and regulations, the remaining provisions hereof shall remain in full force and effect. The Company and the Registered User shall legitimize the said provision or part thereof held to be invalid or unenforceable, amend them for maintaining the power of its enforcement, and endeavor to ensure the effects legally and economically equivalent to the said invalid or unenforceable provision or part thereof.

 

Article 24    Survival

The Articles 5.2, 6.4, 7.2, 8 to 10, 12.2 to 12.4, 13.2, 14.2, 15 to 17, and 23 to 27 shall survive in the expiration, termination or cancellation of these Terms and Conditions. Provided however, that the Article 17 shall be in full force and effect for 3 years after the expiration, termination or cancellation of these Terms and Conditions.

 

Article 25    Governing Law and Jurisdiction

Validity, construction and performance of these Terms and Conditions shall be governed by the laws of Japan and all disputes that may arise out of or in relation to these Terms and Conditions shall be settled by the Tokyo District Court as the court of first instance with exclusive jurisdiction.

 

Article 26    Language

These Terms and Conditions shall be created in Japanese and other languages, but in the event of any difference or inconsistency between the Japanese version of these Terms and Conditions and the others, the Japanese version shall prevail in all respects.

 

Article 27    Goof Faith Consultation

Any matter not stipulated in, or any question relating to the interpretation of these Terms and Conditions shall be settled promptly on the basis of the principle of good faith by mutual consultation between the Company and the Registered User.

   

Prescribed on March 31, 2017