FREESPOT Service Terms of Use

1. Purpose

"FREESPOT Service" means the services provided by service providers at various facilities (hotels, public facilities, restaurants and others) ("Service Providers"), whereby free Internet access via wireless LAN is made available to visitors at such facilities. The purpose of these FREESPOT Service Terms of Use (these "Terms of Use") is for the FREESPOT Association to set forth necessary matters for users ("User") to use, among the services comprising the FREESPOT Service, the services which utilize the device terminal authentication functions provided by the FREESPOT Association. Although some Service Providers may ascribe different names to the FREESPOT Service, these Terms of Use shall also apply to such services, so long as the device terminal authentication functions provided by the FREESPOT Association are being utilized therein.

2. Conditions for Use

To use the FREESPOT Service, a prospective User must agree to all of the conditions set forth in these Terms of Use. If User commences use of the FREESPOT Service, User is considered to have agreed to all of the conditions set forth in these Terms of Use, as of such commencement of use. It should be noted that some Service Providers may have their own individual conditions apart from the conditions set forth in these Terms of Use. In such case, User must also agree to such individual conditions. With regard to the conditions pertaining to Service Providers as set forth in Article 3 (User Registration), Article 4 (Restricted Matters), Article 5 (Prohibited Matters), Article 7 (Disclaimer) and Article 8 (Discontinuance or Suspension, etc. of Services), the individual conditions prescribed by the relevant Service Provider shall apply in the event of any discrepancy between the provisions of any of the foregoing articles and the provisions of such individual conditions prescribed by the relevant Service Provider, or concerning any matter not set forth herein.

3. User Registration

User registration must be performed prior to the use of the FREESPOT Service. The following registration methods are available: (i) e-mail authentication; (ii) SNS (social media) account authentication; (iii) guest authentication; and (iv) app authentication.

• (i) E-mail Authentication
  • Under this method, a prospective User registers his/her e-mail address online. A User registration will be valid for six (6) months after such registration. If User signs into the FREESPOT Service again, by using the device terminal regarding which such User has made a User registration, the effective period of the User registration will be extended for a further six (6) months from such time.
• (ii) SNS (Social Media) Account Authentication
  • Under this method, a prospective User enters an ID and a password for his/her social media account online. A User registration will be valid for six (6) months after such registration. If User signs into the FREESPOT Service again, by using the device terminal regarding which such User has made a User registration, the effective period of the User registration will be extended for a further six (6) months from such time.
• (iii) Guest Authentication
  • Under this method, a prospective User selects "guest authentication" from the User registration menu. A User registration will be valid for ten (10) minutes after the authentication. Consecutive guest authentication is prohibited and authentication will not be provided for subsequent use until at least more than three (3) hours have passed from the previous guest authentication. It should be noted that some Service Providers may not make such guest authentication method available.
• (iv) App Authentication
  • Under this method, a prospective User performs a User registration by using an app. User information is registered on one of the corresponding apps designated by the FREESPOT Association and User can sign in from the app screen. A User registration will be valid for six (6) months after such registration. If User signs into the FREESPOT Service again, by using the device terminal regarding which such User has made a User registration, the effective period of the User registration will be extended for a further six (6) months from such time. In addition, User must also agree to any applicable terms of use prescribed by the business operator providing such app. It should be noted that some Service Providers may not make the app authentication method available, or may limit the types of apps through which User can sign into the FREESPOT Service.

4. Restricted Matters

The FREESPOT Service does not provide User with unrestricted Internet access. The FREESPOT Association or some Service Providers may impose restrictions on the following matters:

• (i) Transmission speed, or permitted communications protocols;
• (ii) Available places and times;
• (iii) Advertising screens which can be displayed by the operation of a web browser, etc. at the time of using the FREESPOT Service; or
• (iv) Access to sites, etc. which are considered to be inappropriate for use by minors (filtering).

5. Prohibited Matters

(1) When using the FREESPOT Service, User shall be prohibited from engaging in any of the following acts:

• (i) Any act in breach of these Terms of Use;
• (ii) Any act of wrongfully using the FREESPOT Service;
• (iii) Any act which constitutes or is likely to constitute an infringement upon the rights or interests of the FREESPOT Association, the Service Providers or any other third party;
• (iv) Any act which constitutes or is likely to constitute an infringement upon the property, reputation or privacy, etc. of the FREESPOT Association, the Service Providers or any other third party, or any act which conflicts with or is likely to conflict with public policy;
• (v) Any act which hinders or is likely to hinder (a) the FREESPOT Association or the Service Providers from providing the FREESPOT Service, or (b) the use of the FREESPOT Service by other Users;
• (vi) Any act of pretending to be another person in using the FREESPOT Service, such as by using another person’s e-mail address or SNS (social media) account without such person’s consent, or otherwise making a false report or notification;
• (vii) Any act of preparing, using, providing or disseminating any computer virus or other harmful program through the FREESPOT Service;
• (viii) Any act of transmitting, or guiding or inducing the transmission of, a massive amount of mail, such as junk mail or e-mail magazines, to a large number of specified or unspecified individuals;
• (ix) Any act in violation of, or likely to be in violation of, any applicable laws or regulations; or
• (x) Any act which the FREESPOT Association otherwise considers to be inappropriate.

(2) If User is in breach of the preceding paragraph, the FREESPOT Association or the Service Providers may prohibit such User from using the FREESPOT Service, or may inform the relevant public authorities of such breach. Furthermore, if damage is incurred by the FREESPOT Association, the Service Providers or a third party as a result of any of the acts set forth in the preceding paragraph, User shall be held legally responsible in all respects, including providing compensation for damage, even after User is prohibited from using the FREESPOT Service.

6. Personal Information

(1) In the FREESPOT Service, the FREESPOT Association records and stores the MAC (media access control) addresses of Users’ device terminals and the e-mail addresses entered by Users.

(2) In the event of an inquiry being received from a public authority in accordance with any applicable laws or regulations, the MAC addresses or e-mail addresses set forth in the preceding paragraph may be provided thereto. Furthermore, for the purpose of managing and operating the FREESPOT Service, as well as for improving service quality through market research or data analysis, etc., the above information may be provided to third parties in the form of statistical data which does not identify the relevant individuals.

(3) Any other handling of personal information shall be in accordance with the Privacy Policy separately prescribed by the FREESPOT Association.

7. Disclaimer

(1) The FREESPOT Association and the Service Providers make no warranty as to the FREESPOT Service being free of malfunctions, failures, flaws or other defects, or as to the completeness, accuracy, certainty, usefulness, etc. of information, etc. which User may obtain through the FREESPOT Service.

(2) The FREESPOT Association and the Service Providers shall not in any way be responsible for any of the following damage which may be incurred to User:

• (i) Damage incurred as a result of User’s use of, or inability to use, the FREESPOT Service;
• (ii) Damage incurred as a result of User’s inability to use the FREESPOT Service due to any delay or change in, or any discontinuance, abolishment, etc. of, the FREESPOT Service;
• (iii) Damage incurred as a result of any effect on User’s device terminal, operating system, web browser, software, or ancillary device, etc., due to User’s use of the FREESPOT Service;
• (iv) Damage incurred as a result of any virus infection, etc. of User’s device terminal, etc., or as a result of any data breakage or leakage, due to User’s use of the FREESPOT Service; or
• (v) Damage which may otherwise be incurred to User.

(3) The FREESPOT Association and the Service Providers shall not in any way be responsible for User’s inability to use the services due to the type, operating system, web browser, etc. of the device terminal owned by User.

(4) The FREESPOT Association and the Service Providers shall not in any way be responsible for any dispute, etc. which may arise between User and any other User of the FREESPOT Service or any third party, as a result of such User’s use of the FREESPOT Service.

8. Discontinuance or Suspension, etc. of Services

Where any of the following applies, the FREESPOT Association and the Service Providers may discontinue or suspend the FREESPOT Service or change the content thereof, without giving notice to User:

• (i) Any maintenance or other work which may be performed on a periodic or urgent basis for the FREESPOT Service;
• (ii) Inability to provide the FREESPOT Service due to a force majeure event, whether due to a disaster such as an earthquake or fire, or any other cause;
• (iii) Inability to provide the FREESPOT Service due to a failure of any equipment or network necessary for the provision of the FREESPOT Service, or otherwise; or
• (iv) The FREESPOT Association or any of the Service Providers having otherwise determined the discontinuance of the FREESPOT Services.

9. Modifications to these Terms

The conditions set forth in these Terms of Use are subject to change without prior notice to User. In the event of User using the FREESPOT Service after such changes, User must agree again to the conditions set forth in the modified Terms of Use.

10. Governing Law

These Terms of Use of Use shall be governed and construed in accordance with the laws of Japan.

11. Jurisdiction

It is hereby agreed that, if any dispute arises between User and the FREESPOT Association concerning these Terms of Use or the use of the FREESPOT Service, the Nagoya District Court shall be the exclusive court of jurisdiction in the first instance.

Supplementary Provisions

These Terms of Use shall come into effect on November 27, 2017.