This is a machine translation of the Japanese original. If there is any difference, the Japanese version prevails.

Terms of Service

Article 1 (Purpose)

1. These Terms of Service (these "Terms") apply to Users (as defined in Article 2) who use "RUSUTSU APPLICATION" (the "Service") provided by Kamori Kanko Co., Ltd. (the "Company"). Users use the Service upon agreeing to these Terms.
2. These Terms set out the conditions for use of the Service. All Users who have registered as users of the Service shall comply with these Terms and use the Service in accordance with the conditions set out in these Terms, according to conditions such as age and usage environment.
3. Upon a User's agreement to these Terms, the Agreement (as defined in Article 2) is formed between the User and the Company.

Article 2 (Definitions)

The following terms used in these Terms have the meanings set out in the respective items below.

(1) "Agreement": the agreement for use of the Service concluded between the Company and a User with these Terms as its terms and conditions.
(2) "User": all persons who have registered as users of the Service.
(3) "User Information": the ID and password of a User registered with the Service and other information necessary for managing the account.
(4) "Communication Device": smartphones, tablet devices and computer equipment.
(5) "Axess": Axess Japan Co., Ltd., which provides features relating to the issuance and management of lift tickets in the Service through the system it provides (the "AXESS System").
(6) "Pocket Change": Pocket Change, Inc., which provides features relating to the issuance and management of points in the Service through "Pokepay", the platform for payment and point management that it provides (the "Pokepay Service").
(7) "Points": electronic points usable on the Service, which a User acquires in the Service by the methods set out in Article 17 and which are issued and managed through the Pokepay Service.
(8) "Digital Lottery": a service provided on the Service in which a draw is conducted upon the User's payment of consideration and the User may receive Points according to the result.
(9) "Stamp Rallies, etc.": programs provided on the Service in which a User may receive Points by achieving conditions set by the Company.

Article 3 (User Registration)

1. A person wishing to become a User of the Service shall register as a user by the procedure prescribed by the Company, upon agreeing to the content of these Terms.
2. If a User is a minor, the User shall register as a user and use the Service after obtaining the consent of their legal representative.
3. If any change occurs in the information registered under paragraph 1, the User is obligated to immediately carry out the procedure for changing the registered information.
4. The Company may refuse user registration at its discretion.
5. A User may not allow any third party to use their account on the Service, or lend, transfer, sell, buy, pledge or otherwise deal with it in relation to any third party.

Article 4 (Management of User Information and Communication Devices)

1. Users shall prepare, at their own expense and responsibility, all environments necessary to receive the Service, such as equipment, means of communication and means of transportation. All communication charges required for use of the Service shall be borne by the User.
2. Users are responsible for managing their User Information and Communication Devices. Users bear responsibility for any Damages, etc. (as defined in Article 9, paragraph 5; the same applies hereinafter) arising from inadequate management of User Information and Communication Devices, errors in use, use by third parties, etc., and the Company bears no liability whatsoever unless the Company is at fault through intent or negligence.
3. If there is a risk that User Information or a Communication Device may be used by a third party, the User shall immediately notify the Company to that effect and shall follow any instructions from the Company.

Article 5 (Conditions of Provision of the Service)

The Company may suspend or change the Service for maintenance or other reasons without notice to Users.

Article 6 (Intellectual Property Rights, etc.)

1. Where a User makes a post or the like on the Service, the User agrees to grant the Company, regardless of whether the posted content constitutes a copyrighted work, the right to use, free of charge and without limitation and for any purpose, all copyrights that may arise (including the rights provided in Articles 27 and 28 of the Copyright Act) with respect to all or part of the posted content.
2. Users may not, by any method or in any form, reproduce, republish, publicly transmit, modify or otherwise use any information and content provided in the Service (collectively, "Company Content") beyond the scope of private use as provided in the Copyright Act.
3. Copyrights, patent rights, utility model rights, trademark rights, design rights and all other intellectual property rights relating to Company Content, and the rights to obtain registration of such rights (collectively, "Intellectual Property Rights"), belong to the Company or to third parties that have licensed the rights to the Company, and do not belong to Users.
4. If a problem arises due to a User's violation of the provisions of this Article, the User shall resolve the problem at their own expense and responsibility and shall take appropriate measures so as not to cause the Company any disadvantage, burden, Damages, etc.
5. Users shall not exercise moral rights of author (including the right to make the work public, the right of attribution and the right to integrity) with respect to any part of the posted content that may constitute a copyrighted work against the Company, third parties that have duly acquired rights from the Company, or persons who have succeeded to rights from such third parties.

Article 7 (Prohibited Conduct)

1. The Company prohibits Users from engaging in the conduct set out in the following items when using the Service.
(1) Conduct that violates these Terms
(2) Conduct that infringes or is likely to infringe proprietary or personal rights of the Company, licensors from which the Company has received licenses, or other third parties, such as intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights and portrait rights
(3) Conduct that causes or is likely to cause disadvantage or Damages, etc. to the Company or a third party
(4) Conduct that unjustly damages or is likely to damage the reputation, rights or credibility of others
(5) Conduct that violates laws, regulations, ordinances, etc.
(6) Conduct that is or is likely to be contrary to public order and morals, or providing other Users or third parties with information that is likely to be contrary to public order and morals
(7) Criminal acts, conduct connected to criminal acts, conduct that facilitates criminal acts, or conduct likely to do any of the foregoing
(8) Providing information that is contrary to fact or likely to be contrary to fact
(9) Unauthorized access to the Company's systems, and the associated falsification of program code, falsification of location information, intentional falsehood, cheating by exploiting the specifications of Communication Devices or other applications, distribution of computer viruses, or other conduct that interferes or is likely to interfere with the normal operation of the Service
(10) Using macros or features, tools, etc. that automate operations
(11) Conduct that damages or is likely to damage the credibility of the Service
(12) Conduct that is likely to adversely affect the minds and bodies of young people and their sound development
(13) Using the Service by impersonating a third party, including by using another User's account
(14) Conduct that is or is likely to be connected to crimes such as fraud or the illegal sale and purchase of savings accounts and mobile phones
(15) Conduct relating to criminal proceeds or terrorist financing, or conduct suspected of being so
(16) Any other conduct that the Company deems inappropriate
2. If the Company determines that a User's conduct falls under any of the items of paragraph 1, the Company may take any or all of the following measures without prior notice.
(1) Restriction of use of the Service
(2) Forced withdrawal by termination of the Agreement
(3) Any other action that the Company reasonably determines to be necessary

Article 8 (Termination)

If a User falls under any of the following items, the Company may terminate the Agreement and cause the User to withdraw without any notice or the like.

(1) Where the registered information contains false information
(2) Where the User has previously been subjected to forced withdrawal by the Company
(3) Where the Company has been notified by the User's heir or the like that the User has died, or where the Company has been able to confirm the fact of the User's death
(4) Where a minor has used the Service without the consent of their legal representative
(5) Where an adult ward, a person under curatorship or a person under assistance has used the Service without the consent of their adult guardian, curator, assistant or the like
(6) Where the User does not respond in good faith to a request from the Company
(7) Any other case in which the Company deems it inappropriate

Article 9 (No Warranty and Disclaimer)

1. The Company makes no warranty whatsoever as to the completeness, accuracy, usefulness, etc. of the content of the Service. The Company also does not warrant that no interruption, discontinuation or other failure will occur in the Service.
2. When using the Service, a User may be transferred from the Service to other services operated by third parties involved with the Service ("External Services"). In such case, the User shall use the Service and the External Services upon agreeing to the terms of use, etc. of the External Services at the User's own responsibility and expense. The Company makes no warranty whatsoever as to the completeness, accuracy, usefulness, etc. of the content of External Services.
3. The Company bears no liability whatsoever even if a User suffers Damages, etc. as a result of failing to change their registered information.
4. Users must use the Service within the bounds of laws and regulations. The Company bears no liability whatsoever even if a User violates the laws and regulations of Japan or any other country in connection with use of the Service.
5. Even if User Information is stolen through unexpected unauthorized access or other acts, the Company bears no liability whatsoever for any damage, loss or expense (including reasonable attorneys' fees; hereinafter "Damages, etc.") incurred by the User as a result, unless the Company is at fault through intent or negligence.
6. The Company bears no liability whatsoever if all or part of the Agreement is not performed due to force majeure, such as natural disasters, earth movements, fires, strikes, trade embargoes, war, civil disturbance or epidemics of infectious diseases.
7. Even if a User becomes involved in a dispute with another User in connection with use of the Service (whether inside or outside the Service), the Company bears no liability whatsoever, and disputes between Users shall be resolved by the Users concerned at their own expense and burden.

Article 10 (Liability for Damages)

1. If a User causes Damages, etc. to the Company through a violation of these Terms or in connection with use of the Service, the User shall compensate the Company for the Damages, etc. incurred by the Company.
2. Notwithstanding any other provisions of these Terms, if the Company causes Damages, etc. to a User for reasons attributable to the Company, the Company shall be liable to compensate for such Damages, etc. up to a maximum of 10,000 yen, except where caused by the Company's intent or gross negligence.
3. The treatment of unused Points upon discontinuation of the Service is as provided in Article 17, paragraph 8.

Article 11 (Discontinuation of the Service)

1. The Company may discontinue provision of the Service if it reasonably determines that provision of the Service should be discontinued.
2. In the case of the preceding paragraph, the Company bears no liability whatsoever, except where the Company has acted with intent or gross negligence.
3. Notwithstanding the preceding paragraph, if, at the time of discontinuation of the Service, there are Lift Tickets that have been purchased but not yet received, the Company shall, by a method prescribed by the Company, allow such Lift Tickets to be received or refund their price.

Article 12 (Exclusion of Anti-Social Forces)

1. Users and the Company each represent that they do not currently fall under any of organized crime groups, members of organized crime groups, persons for whom five years have not elapsed since ceasing to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers and the like, persons engaging in criminal activities under the guise of social or other movements, special intellectual crime groups and the like, or any other persons equivalent thereto (collectively, "Organized Crime Group Members, etc."), and that they do not fall under any of the following items, and warrant that they will not fall under any of the foregoing in the future.
(1) Having a relationship in which Organized Crime Group Members, etc. are recognized as controlling management.
(2) Having a relationship in which Organized Crime Group Members, etc. are recognized as being substantially involved in management.
(3) Having a relationship recognized as unjustly using Organized Crime Group Members, etc., such as for the purpose of obtaining unjust gain for oneself, one's company or a third party, or for the purpose of causing damage to a third party.
(4) Having a relationship recognized as being involved with Organized Crime Group Members, etc., such as by providing funds or the like or granting favors to them.
(5) Officers or persons substantially involved in management having a socially reprehensible relationship with Organized Crime Group Members, etc.
2. Users and the Company each covenant that they will not, by themselves or through a third party, engage in any conduct falling under any of the following items.
(1) Violent demands
(2) Unjust demands exceeding legal responsibility
(3) Using threatening words or actions, or violence, in connection with transactions
(4) Damaging the credibility of the other party or obstructing the other party's business by spreading rumors, using fraudulent means or using force
(5) Any other conduct equivalent to any of the preceding items
3. If it is found that the other party is an Organized Crime Group Member, etc. or falls under any of the items of paragraph 1, has engaged in conduct falling under any of the items of the preceding paragraph, or has made a false statement with respect to the representations and warranties under paragraph 1, Users and the Company may terminate the Agreement without any demand to the other party, regardless of whether there are grounds attributable to themselves.
4. Users and the Company confirm and acknowledge that, where they have terminated the Agreement under the preceding paragraph, they bear no liability whatsoever to compensate for any Damages, etc., even if such Damages, etc. arise to the other party.

Article 13 (Assignment of Status, etc.)

1. Users may not, without the Company's prior written consent, assign, transfer, create security over, or otherwise dispose of to a third party their status under the Agreement or all or part of their rights or obligations under these Terms.
2. If the Company transfers the business relating to the Service to a third party (including not only a business transfer but also a company split and any other case in which the business is transferred), the Company may, in connection with the transfer of the business, transfer to the transferee of the business its status under the Agreement, its rights and obligations under these Terms, and User Information and other information, and Users agree in advance to such transfer.

Article 14 (Handling of Personal Information)

Personal information in the Service is handled in accordance with the "Privacy Policy" established by the Company. The handling of information that Users provide directly to Axess or Pocket Change in using the AXESS System or the Pokepay Service is governed by the privacy policies established by each of those companies.

Article 15 (Relationship with the Pokepay Service)

1. The issuance, granting, use and management of Points in the Service are carried out through the Pokepay Service provided by Pocket Change.
2. To use Points in the Service, a User must agree, in addition to these Terms, to the Pokepay terms of use established by Pocket Change (the "Pokepay Terms"). If the content of these Terms conflicts with that of the Pokepay Terms, the Pokepay Terms shall prevail with respect to matters relating to the handling of Points, and these Terms shall prevail with respect to all other matters.
3. A User's account for the Service and their account for the Pokepay Service are linked within the system, but are not the same account.
4. The Company is not liable for Damages, etc. incurred by a User arising from or in connection with the Pokepay Service, except where caused by the Company's intent or gross negligence.

Article 16 (Purchase of Lift Tickets)

1. Through the Service, Users may purchase lift tickets for Rusutsu Resort designated by the Company ("Lift Tickets").
2. A sales contract for Lift Tickets is formed when the User completes the prescribed procedure on the purchase screen and payment is completed.
3. After payment is completed, the Company shall issue on the Service a QR code used to receive the Lift Ticket (the "Pickup QR Code"). The User shall receive the Lift Ticket by having the Pickup QR Code read by an automatic ticketing machine (pickup box) installed at the ticket counters of Rusutsu Resort or by another method designated by the Company.
4. If the Pickup QR Code is not issued despite completion of payment, if payment is made in duplicate, or if the User is unable to receive the Lift Ticket due to a malfunction of the automatic ticketing machine or other reasons attributable to the Company, the User shall report this to the desk designated by the Company, and the Company shall respond by issuing the Lift Ticket, cancelling the payment, refunding the price, or by another method prescribed by the Company.
5. The ticket types, prices, sales periods, validity periods and other conditions of Lift Tickets are as displayed on the purchase screen.
6. Users shall manage the Pickup QR Code at their own responsibility. If a Lift Ticket is received using the Pickup QR Code, it shall be deemed to have been received by the User concerned, unless the Company is at fault through intent or negligence.
7. A Lift Ticket may be used only by the User who purchased it, and may not be shared among multiple persons, or provided, transferred or resold to a third party. Lift Tickets obtained by improper means or resold may be invalidated.
8. Except where due to reasons attributable to the Company, purchased Lift Tickets cannot be cancelled or refunded, have their validity period extended, or be exchanged for cash. Unused time expires at the end of the relevant season and cannot be used in the following season or thereafter.
9. In addition to these Terms, the use of gondolas and lifts with Lift Tickets is subject to the ropeway transportation terms and conditions separately established by the Company and other terms and conditions concerning the use of Rusutsu Resort.

Article 17 (Point Service)

1. The Company may grant Points to Users by the methods set out in the following items.
(1) Use of the Digital Lottery
(2) Completion of Stamp Rallies, etc.
(3) Participation in other campaigns, etc. specified by the Company
2. Users may use acquired Points, at a value equivalent to 1 yen per Point, for exchange for goods or services designated by the Company ("Exchangeable Items") or by other methods specified by the Company.
3. The Company may set a minimum number of Points per use and units of use for the use of Points. However, the minimum number of Points per use shall not exceed the minimum number of Points granted for one purchase of the Digital Lottery.
4. Exchangeable Items, the number of Points required for exchange, the minimum number of Points per use and units of use, the stores and hours at which exchange is available, and other details concerning the use of Points ("Point Usage Conditions") are displayed on the Service.
5. Points may not be exchanged for, converted into, or refunded as cash, other points, electronic money or other property of value. Exchangeable Items obtained in exchange for Points may not be returned, and exchanges may not be cancelled (except where the Exchangeable Item is defective or in other cases approved by the Company).
6. Users may not transfer or lend Points to any third party, or pledge them as security.
7. Points are valid until the earlier of the day on which six months have elapsed from the date on which the Points were granted or the first March 31 falling on or after the date on which the Points were granted. Points whose validity period has expired shall lapse regardless of the reason, and the Company shall not provide cash conversion, refund or other compensation for lapsed Points, except where required by laws and regulations. If the Company determines that a User has acquired Points by improper means, the Company may cancel or invalidate such Points without prior notice.
8. The treatment of unused Points upon termination of the Service shall be in accordance with a method separately prescribed by the Company.

Article 18 (Paid Digital Lottery)

1. Users may use the Digital Lottery by paying the price specified by the Company.
2. The Company may set an upper limit on the number of Digital Lottery purchases or the amount spent per User.
3. The conditions of use, validity period and lapse of Points acquired through use of the Digital Lottery are as provided in the preceding Article.
4. The Digital Lottery may not be cancelled or refunded after purchase for the User's own reasons.
5. If a User who is a minor uses the Digital Lottery, the User shall be treated as having obtained the consent of their legal representative.
6. If the Company recognizes that a User has used the Digital Lottery by improper means, the Company may cancel such use, and in such case the Company shall not return any price already received.

Article 19 (Stamp Rallies, etc.)

1. The Company may conduct Stamp Rallies, etc. in the Service using Users' location information and other information specified by the Company.
2. Users agree in advance to the Company's acquisition of location information, etc. for conducting Stamp Rallies, etc.
3. The conditions for conducting and completing Stamp Rallies, etc. and the details of the Points granted are as separately displayed by the Company on the Service.

Article 20 (Severability)

1. Even if part of the provisions of these Terms is held invalid under laws and regulations, the other provisions of these Terms shall remain in effect.
2. Even if part of the provisions of these Terms becomes invalid or is rescinded in relation to a particular User, these Terms shall remain in effect in relation to other Users.

Article 21 (Handling of Violations)

1. If a User discovers conduct that violates these Terms, the User is asked to contact the Company.
2. Users may not raise objections to the Company's handling of conduct that violates these Terms.

Article 22 (Changes to These Terms)

1. The Company may change these Terms at any time pursuant to Article 548-4 of the Civil Code in any of the following cases. After these Terms are changed, the amended Terms apply to the Agreement.
(1) Where the change to these Terms conforms to the general interests of Users.
(2) Where the change to these Terms does not run counter to the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances relating to the change.
2. When changing these Terms, the Company shall set the effective date of the amended Terms and, no later than two weeks before the effective date, make the content of the amended Terms and their effective date known to Users by notifying Users, displaying them on the Service, or by another method prescribed by the Company.

Article 23 (Governing Law)

1. These Terms are governed in all respects by the laws of Japan.
2. The Japanese version of these Terms is the authoritative text, and in the event of any discrepancy between a translated version of these Terms and the Japanese version, the Japanese version shall prevail.

Article 24 (Agreed Jurisdiction)

The Sapporo Summary Court or the Sapporo District Court, depending on the amount in controversy, shall have exclusive agreed jurisdiction as the court of first instance for all lawsuits between Users and the Company.

Article 25 (Miscellaneous)

1. Where the Company separately establishes detailed rules, etc. on matters not provided for in these Terms, Users shall comply with them. In such case, such detailed rules, etc. form an integral part of these Terms.
2. Detailed rules, etc. take effect from the time they are posted at a location designated by the Company. However, when establishing or changing detailed rules, etc., the provisions of Article 22 shall be followed.
3. In the event of any inconsistency or conflict between the detailed rules, etc. and these Terms, these Terms shall prevail.