February 26th, 2024
These Gecko Outdoor Terms of Service (hereinafter referred to as the “Terms of Service”)
This Gecko Outdoor Terms of Service Use Agreement (hereinafter referred to as the
“Agreement”) governs the use of each service of the “Gecko Outdoor”. (hereinafter referred
to as “the Company”) and shall be the content of the contract between users of the Gecko
Outdoor service (as defined in Article 1, Paragraph 1, Item 1 below) and the Company. The
“Gecko Outdoor Agreement” is a contract between a user of the Gecko Outdoor Service (as
defined in Article 1.1.1 below) and the Company. The user shall review and agree to these
Terms of Use before using the Gecko Outdoor Service.
Article 1 (Definitions)
(1) In this Agreement, the following terms shall have the meanings set forth in the respective
items.
User” means any person who is a registered member (as defined in Article 6, Section 2) of the
Gecko Outdoor website, regardless of whether or not he/she is a registered member. “User”
shall mean all users of the Services, regardless of whether or not they are registered as a
member (as defined in Article 6, Section 2).
The “Site” shall mean the website operated by the Company that provides the Gecko Outdoor
Services.
Gecko Outdoor Services” shall mean each service provided by the Company under the name
of ” Gecko Outdoor ” (including, but not limited to, online services and services through
applications). (1) ” Gecko Outdoor Services” shall mean the services provided by the
Company under the name of ” Gecko Outdoor.
(2) Unless expressly provided otherwise, terms defined in this Agreement shall be construed
in accordance with the related terms (defined in Article 2, Section 3. The same shall apply
hereinafter). The same shall apply hereinafter.
Article 2 (Application of Terms)
(1) The User must review and agree to the Terms and any applicable related terms and
conditions prior to using the Services. If the User does not agree to any part of these Terms,
the User may not use the Gecko Outdoor Services.
(2) A contract regarding the use of Gecko Outdoor services (hereinafter referred to as “Service
Usage Contract”) is established between the User and the Company when the User agrees to
and begins to use the Gecko Outdoor services in accordance with this Agreement and
applicable related terms and conditions. The User agrees to be bound by the Terms and
Conditions and related terms and conditions. The User shall use the Gecko Outdoor Service
in compliance with the terms of this Agreement and the applicable related agreements.
(3) We may create rules, guidelines, etc. for use of the Gecko Outdoor Services separately
from this Agreement, or may create terms of use, rules and guidelines for use of some of the
services included in the Gecko Outdoor Services (hereinafter collectively referred to as the
“Related Agreements”; this Agreement and the Related Agreements collectively referred to as
the ” Gecko Outdoor Terms”). and the Related Terms are collectively referred to as the ”
Gecko Outdoor Terms”). The Related Terms and Conditions shall be governed by and
construed in accordance with these Terms and Conditions. The Related Terms shall together
with the Terms constitute a service use agreement between the user and the Company, and
the user is required to confirm and agree in advance to the applicable Related Terms in
addition to the Terms.
(4 ) In addition to the related terms and conditions in the preceding paragraph, notices from
the Company set forth in Article 17 shall also constitute a part of the Service Usage Agreement.
(5) In the event of any conflict between this Agreement, the Related Agreements, and the
notice in the preceding paragraph, the relevant notice, the Related Agreements, and this
Agreement shall take precedence in that order.
Article 3 (Use of Gecko Outdoor services, our responsibility)
(1) User shall use Gecko Outdoor Services at User’s own risk.
(2) The Company does not warrant, expressly or impliedly, that the Gecko Outdoor Services
are free from defects in fact or law (including, but not limited to, defects in safety, reliability,
accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs,
or infringement of rights).
(3) Although we endeavor to maintain the accuracy and timeliness of information provided
to users through the Gecko Outdoor services, we make no warranty as to its authenticity,
accuracy, timeliness, certainty, or usefulness. Similarly, we make no warranty of any kind with
respect to information provided by other users through the Gecko Outdoor services. Users
shall make such decisions at their own risk.
(4) User shall, at User’s own responsibility and expense, prepare necessary equipment, etc.
(including but not limited to telecommunication equipment, web browser, internet
connection environment, etc.) for use of Gecko Outdoor services, and shall not use Gecko
Outdoor services for any other purpose.
(5) User shall bear all communication costs (including but not limited to Internet connection
costs) incurred in the use of Gecko Outdoor services and charged by telecommunication
carriers and shall not be liable for any other costs incurred in the use of Gecko Outdoor
services.
(6) Gecko Outdoor services include the use of websites and online services provided by third
parties other than the Company. The Company assumes no responsibility for services
provided by third-party operators in these services. In addition, the use of such services is
subject to the terms and conditions stipulated by the relevant service providers, and users may
be required to comply with such terms and conditions. Users shall confirm and comply with
such terms at their own responsibility.
(7) We shall not be liable for any and all damages incurred by the User arising from the Gecko
Outdoor Service. However, if any contract between the Company and a user regarding Gecko
Outdoor services (including this agreement and related terms and conditions)
(8) Even in the case provided in the proviso of the preceding paragraph, in the event of default
or tort (excluding gross negligence) due to the Company’s negligence (excluding gross
negligence)
(9) Gecko Outdoor shall not be liable for any transaction, communication, or dispute between
a user and another user or a third party with respect to Gecko Outdoor services.
Article 4 (Postings, etc.)
(1) As part of the Gecko Outdoor Service, the Company may provide a service that enables
users to post text, images, audio, video, and other information designated by the Company to
the Gecko Outdoor Service (hereinafter referred to as “Postings, etc.”). (1) We may provide
services that allow users to post text, images, audio, video, and other information designated
by us (“Postings, etc.”) to the Gecko Outdoor services.
(2) In principle, information that users may post or publish in Postings, etc. is limited to
information for which they own the copyright. When posting information for which a third
party has copyrights or other rights, or information protected by portrait rights, etc., the user
must obtain the prior consent of the third party, and the Company shall not be liable for any
trouble, damage, etc. caused by the user’s violation of this provision.
(3) Intellectual property rights in information posted by users are reserved to the users, except
for those rights reserved to third parties in accordance with the preceding paragraph. However,
at the same time of posting, etc., the user grants to the Company the right to use such
information in Japan and abroad on a non-exclusive basis, free of charge and for an unlimited
period of time.
(4) Users may not post any personally identifiable information, regardless of whether it is
from the user or a third party.
(5) The Company is not obligated to store any information that is posted.
(6) The Company may take any action it deems appropriate, including deleting postings or
restricting access by the user who posted the information, if the Company determines that the
information violates any part of this Article or the Gecko Outdoor Terms of Service, including
this Agreement. The user shall not object to these measures, and the Company shall not be
liable for any damages incurred by the user or any third party as a result of these measures.
Article 5 (Prohibited Matters)
(1) In addition to those specifically provided for in this Agreement, the User shall not engage
in any of the following acts
Acts of use that do not meet the Gecko Outdoor Service Terms of Use
(2) Acts by third parties (including, but not limited to, other users and third-party businesses
such as businesses that post information on Gecko Outdoor services. The same shall apply
hereinafter in this Article) (iii) Acts that infringe or may infringe the property rights, patents,
trademarks, design rights, copyrights, or other intellectual property rights of any third party
(including, but not limited to, other users and third-party businesses that post information on
the Gecko Outdoor service) or the Company.
Any act that infringes or may infringe the privacy, portrait rights, or publicity rights of any
third party.
Acts that discriminate against or slander a third party or the Company, or that damage the
honor or credibility of a third party or the Company
Transmitting or posting information that is objectionable to a third party or the Company.
Posting one’s own or a third party’s address, telephone number, e-mail address, or other
personally identifiable information on the Site
Forgery, alteration, falsification, or deletion of information available through hinata services.
Any act that leads to crimes such as adultery, dating, prostitution, prostitution, murder, fraud,
etc. (including the transmission or posting of information related to these crimes)
Establishing or soliciting to establish a pyramid scheme.
Transmitting or posting information that constitutes obscenity, child pornography, or child
abuse, or information related to establishments engaged in the adult entertainment business
(including cabarets). (iii) Transmitting or posting information regarding obscenity, child
pornography, or child abuse, or information regarding adult entertainment businesses
(including cabarets)
Election campaigning or similar activities, or activities that violate the Public Offices Election
Law
Religious campaigns or similar activities
Affirming or encouraging suicidal or self-injurious acts.
Using Gecko Outdoor services, or transmitting or posting information, by impersonating a
third party or the Company
Attempting to gain unauthorized access to the system for the Gecko Outdoor service or the
network connected to the Gecko Outdoor service
Use or provision of computer viruses or other harmful programs
Advertising services that compete with Gecko Outdoor services
Using Gecko Outdoor services for commercial purposes without obtaining the prior consent
of the Company
Any other act that violates laws, ordinances, or public order and morals, interferes with the
operation of Gecko Outdoor services, or causes disadvantage to third parties including other
users or the Company
Actions to induce other users to visit websites where any of the aforementioned acts are taking
place.
Actions that encourage any of the aforementioned actions.
Actions that the Company deems to fall under any of the preceding items
Other acts that the Company deems inappropriate.
(2) In the event that any of the acts listed in the preceding paragraphs are committed, or in
the event that we are notified by a public organization or third party that any of the acts listed
in the preceding paragraphs are being committed, we may, without notice to the user, delete
information related to such acts, change the scope of disclosure, or take any other action that
we deem necessary. The Company may delete, change the scope of disclosure, or take any
other action deemed necessary by the Company without notice to the user.
Article 12 (Violation of each agreement)
(1) If a user violates any of the provisions of Gecko Outdoor Terms and Conditions, including
this Agreement, the Company may take any action deemed necessary by the Company, such
as suspending the violating user’s use of the Service or canceling the transaction, and shall not
be liable for any damages to the user or any third party resulting from such action. We shall
not be liable for any loss or damage incurred by the user or any third party as a result of such
measures.
(2) In the event that a user may be in violation of any of the Gecko Outdoor Terms and
Conditions, including these Terms and Conditions, or in the event that the Company
reasonably deems it inappropriate for the operation of the Service, the Company may confirm
the details of such conduct with the user.
Article 6 (Interruption or Suspension of Service)
(1) The Company may suspend or discontinue all or part of the Gecko Outdoor Service for
service improvement, modification, maintenance, or other reasons. However, the Company
may do so without prior notice when necessary, such as in the case of emergency, and the User
agrees to such suspension or termination in advance. Even in the case of advance notice, the
Company shall not be obligated to send individual notices to each user.
(2) In addition to the preceding paragraph, the provision of the Gecko Outdoor Service may
be unavoidably interrupted or suspended in the event that the Company is unable to provide
the Service due to physical obstacles such as fire, power outages, or other force majeure, or
due to third party services required to provide the Gecko Outdoor Service. (2) In the event
that the Gecko Outdoor service is suspended or terminated due to the failure of the Gecko
Outdoor service, the Gecko Outdoor service may be suspended or terminated without notice.
(3) Gecko Outdoor shall not be liable for any disadvantage or damage incurred by the user or
any third party due to the interruption or suspension of the Gecko Outdoor service as
stipulated in the preceding two clauses.
Article 7 (Intellectual Property Rights, etc.)
All intellectual property rights, including but not limited to patent rights, trademark rights,
design rights, and copyrights, and all other rights to the business model and know-how of
Gecko Outdoor services and information provided to users by the Company shall belong to
the Company or a third party separately designated by the Company, and shall not be
transferred to users through the use of Gecko Outdoor services. The rights shall not be
transferred to the user by the use of the Gecko Outdoor service.
Contact for inquiries
For inquiries regarding the handling of personal information, please contact the following
Inquiries to the following contact,
Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
E-mail: miku@gecko-outdoor.com