Terms of Use

This Terms of Use  (collectively, this “Agreement”) contains rules with which all users have to comply, and rights and obligations of users and 8xplorer Inc. (referred to as “8xplorer”, “our company”, “we”, “us” or “our”.) When users use our service and mobile application referred to as “8xplorer” (collectively, “the Services”) offered by us. The Services are offered to you conditioned upon your acceptance of the terms, conditions, and notices set forth below. By accessing or using the Services, you agree to be bound by this Agreement and represent that you have read and understood its terms. If you do not accept all of these terms and conditions, you are not authorized to use the Services. 

  1. General information
  2. Use of the services
  3. Change or discontinue of the service
  4. Prohibited activities
  5. Privacy policy and disclosures
  6. Reviews: License grant
  7. Neutrality of contents
  8. International travel
  9. Liability disclaimer
  10. Indemnification
  11. Copyright and trademark notices
  12. Jurisdiction and governing law
  13. General provisions
  14. Service help

 

 

1. General information

Any information, text, links, graphics, photos, data, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through the Services shall be referred to as “Content”. This service is designed to support users planning a travel and the term “you” refers to the individual using the Services and/or contributing Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours.”

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify registered users of our Services (such registered users to be referred to as “Account Holders”) of material changes to these terms and conditions by either sending a notice to the email address associated with the Account Holder’s profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement.

 

 

2.Use of the Services

As a condition of your use of the Services, you warrant the lists below: 

  1. All information supplied by via the Services to the TripAdvisor Companies is true, accurate, current and complete
  2. If you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you
  3. You are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites
  4. You possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. 

We retain the right at our sole discretion to deny anyone access to the Services or stop offering the Services, at any time and for any reason, without noticing in advance or accepting liability, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with our company. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of our company. To request permission, please direct your request to the link: http://8xplorer.com/en/contacts-2

In order to access certain features of the Services, you will need to become an Account Holder by creating an account. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. If you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy, and any other rules or policies related to the supplier’s site or property. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that our company is in no way responsible or liable for any problems and prejudice caused by using such third party sites or apps.

 

 

3. Change or discontinue of the Services

We may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

 

 

4.Prohibited activities

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to the TripAdvisor Companies or licensed to the TripAdvisor Companies by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:

  1. Use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by our company
  2. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission
  3. Violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services
  4. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. Deep-link to any portion of the Services for any purpose without our express written permission
  6. “Frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization
  7. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by our company in connection with the Services
  8. Circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
  9. Download any Content unless it’s expressly made available for download by our company

 

 

5. Privacy policy and disclosures

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

 

 

6.Reviews; License grant

We appreciate hearing from you. Please be aware that when you provide your Content to or through the Services, be it via email, posting via any our synchronization product, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your 8xplorer account, you are regarded to grant our company a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to your Content and to acknowledge and agree that your Content is non-confidential and non-proprietary.  

You further grant us the right to pursue at law any person or entity that violates your or our rights in your Content by a breach of this Agreement. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for our company to publish and otherwise use) your Content as authorized under this Agreement.

You understand that we will not be in any way responsible or liable for Content shared by other users to the Services.  Also, we do not edit or control users’ Content that appears on the websites but we at the same time reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of the TripAdvisor Companies and/or other users of the Services. 

We take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are  our company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, 8xplorer is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf.

 

 

7. Neutrality of contents

We are not travel agencies and do not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. We display or recommend specific information about travel agencies or hotels if we believe by our own research that it is recommendable. Please note that, however, we objectively make decisions on which information to give you and we do not receive any incentives by third parties to put their information on the Services. Although users may rate and review particular transportation services, accommodations, restaurants, tours, activities or experiences based on their own experiences, we do not change or delete those reviews as long as they do not violate this Agreement.

 

 

8. International travel

When you book international travel reservations with third-party suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

BY LISTING SECURITY INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, OUR COMPANY DO NOT REPRESENT OR WARRANT YOUR SAFETY AT SUCH AREAS, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. THEREFORE, WE URGES TRAVELERS TO INVESTIGATE AND REVIEW TRAVEL PROHIBITIONS, WARNINGS, ANNOUNCEMENTS AND ADVISORIES ISSUED BY THEIR OWN GOVERNMENTS AND DESTINATION COUNTRY GOVERNMENTS PRIOR TO BOOKING TRAVEL TO INTERNATIONAL DESTINATIONS. 

 

 

9. Liability disclaimer

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE  OUR LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SERVICES.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACCOMMODATION, EXPERIENCES, AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). 

THE SERVICE RECEIVES YOUR LOCATION INFORMATION. PLEASE NOTE THAT IT CAN BE USED IN THE SERVICES AND BE GIVEN TO A THIRD-PARTY BUT WE ARE NOT LIABLE ON ANY PREJUDICE BROUGHT BY THAT.

 

 

10. Indemnification

You agree to defend and indemnify our company and any of their officers, directors, employees and agents from and against any claims, damages, fines, penalties or other costs brought by third parties as a result of your breach of this Agreement, your violation of any law or your use of the Services.

 

 

11. Copyright and trademark notices

8xplorer, the logo, the ratings bubbles and all other product or service names or slogans displayed on the Services are registered and/or common law trademarks of our company and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 8xplorer or the applicable trademark holder. In addition, the look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of 8xplorer and may not be copied, imitated or used, in whole or in part, without the prior written permission of 8xplorer. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. 

 

 

12. Jurisdiction and governing law

This Agreement and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Japan and Tokyo Summary Court or the Tokyo District Court shall have exclusive primary jurisdiction with respect to all disputes arising with respect there to. 

 

 

13. General provisions

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and 8xplorer with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and 8xplorer with respect to the Services. 

 

 

14. Service help

For answers to your questions or ways to contact us, visit our website and check the contact page: http://8xplorer.com/en/contacts-2

 

©2019 8xplorer Inc.. All rights reserved.                                

Last updated: August 2nd, 2019