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Terms of Use

These Tabimori Terms of Use (this “Agreement”) apply to your consumer use of (1) the Tabimori website at http://www.usefulmenu.com and all affiliated websites owned and operated solely by Tabimori (collectively, the “Tabimori Site”), (2) any Tabimori Application, and (3) any other services or features made available by Tabimori through the Tabimori Site or any Tabimori Application. Together, the items in (1) through (3) are the “Services”.

In this Agreement, “Tabimori” and “we” mean Tabimori, Inc., and “User” and “you” mean any user of the Services. This Agreement incorporates Tabimori’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Tabimori Policies”).

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. This agreement contains, among other things, an arbitration provision containing a class action waiver.

Tabimori may update or revise this Agreement (including any Tabimori Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Tabimori, any use of the Services (e.g., the use of the Reservation Services) is subject to the version of this Agreement in effect at the time of use.

Terms for All Services

1. Privacy Policy. Tabimori is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

2. Your Account. You may (but are not required to) create an account with UsefulMenu through the Tabimori Site . When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Tabimori registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Tabimori of any unauthorized use of your Account or any other breach of security related to your use of the Services.

3. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Tabimori does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Tabimori Site, and some features and portions of the Tabimori Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

4. Modifications to Services. Tabimori reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Tbimori Site, Tabimori Application, Restaurants. Tabimori shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

5. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Tabimori Content”) are provided to User by Taimori or its partners or licensors solely to support User’s permitted use of the Services. The Tabimori Content may be modified from time to time by Tabimori in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Tabimori Content by User shall constitute a material breach of this Agreement. Tabimori and its partners or licensors retain all rights in the Services and Tabimori Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Tabimori or any third party is granted under this Agreement.

6. Application License. Subject to the terms and conditions of this Agreement, Tabimori grants User a non-exclusive, non-transferable, revocable license to use the Tabimori Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

7. Use Restrictions. The Services and Tabimori Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Tabimori expressly reserves all its rights and remedies under applicable state and federal laws. Tabimori reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Tabimori Content, except as expressly authorized by Tabimori; (2) take any action that imposes or may impose (in Tabimori’s sole determination) an unreasonable or a disproportionately large load on the Services or TABIMORI’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Tabimori Content to a third party; (5) use any portion of the Services or Tabimori Content to provide, or incorporate any portion of the Services or Tabimori Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Tabimori); (7) modify any Services or Tabimori Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Tabimori Content; (9) use the Services or Tabimori Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Tabimori Content or access or use the Services or Tabimori Content for competitive analysis or benchmarking purposes.

8. Termination. Tabimori may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Tabimori may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Tabimori Policies).

9. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Tabimori reserves the right (but has no obligation) to monitor, remove, or edit User Content in Tabimori’s sole discretion, including if User Content violates this Agreement (including any Tabimori Policies), but you acknowledge that Tabimori may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Tabimori a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Tabimori takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

10. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Tabimori and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Tabimori’s request) defend Tabimori, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Tabimori Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

11. Disclaimer of Warranties. The services, all Tabimori content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “AS IS” basis and without warranty of any kind. Tabimori expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Tabimori does not warrant that your use of the services will be uninterrupted or error-free, that Tabimori will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Tabimori shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Tabimori.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

12. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Tabimori. Such hypertext links are provided for User’s reference only, and Tabimori does not control such websites and is not responsible for their content. Tabimori’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Tabimori assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.

13. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the Japanese.

Revision date: AUGUST 3, 2015

Privacy Policy

This privacy policy (this “Policy”) explains how personal information is collected, used, and disclosed by Tabimori, Inc. (“Tabimori” or “we”). This Policy applies to consumer users (individually referred to as “you”) of Tabimori’s websites, applications, and other online services (collectively, our “Sites”).

Other third parties, such as restaurants and social networks that you use in connection with our Sites, may also collect, use, and share information about you. This Policy does not cover such third parties or their services. For information about third-party privacy practices, please consult with them directly.

INFORMATION WE COLLECT

We collect information about you in various ways when you use our Sites. We use this information to, among other things, provide the functionality and improve the quality of our Sites and personalize your experience. For example, we may collect your name, email address, survey responses, demographics, primary dining city, favorite restaurants, special restaurant requests, passwords, other information you provide on our Sites. If you use our mobile application, we may also collect your mobile device ID, your precise location data, and the restaurant search locations you select. We may also obtain information from other sources, such as third-party websites, applications, and services (each, a “Third-Party Platform”), through which you connect with our Sites and combine that with information we collect on our Sites.

When you visit our Sites, some information is automatically collected. For example, when you visit our Sites, we may automatically collect your location, computer operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Sites. We also collect information about your usage and activity on our Sites using certain technologies, such as:
• Cookies. We may automatically collect information using “cookies” and similar technology. Cookies are small data files that may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Among other things, cookies help us improve our Sites and your experience. We use cookies to see which areas and features of our Sites are popular and to count visits to our Sites. We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. We may share this information with the Third-Party Platform for its use as permitted by the terms of your agreement and privacy settings with such Third-Party Platform.
• Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and tell whether you open an email and act upon it.

Do-Not-Track Signals. We currently do not employ technology that recognizes “do-not-track” signals from your browser. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our Sites.

HOW WE USE INFORMATION WE COLLECT

We use personal information collected through our Sites for the purposes described in this Policy or disclosed to you on our Sites or otherwise in connection with our services. For example, we may use your information to:
• offer you, or provide you with, products and services
• operate and improve our Sites, products, and services;
• understand you and your preferences to enhance, personalize, and customize your experience and enjoyment using our Sites, products, and services, such as understanding your dining history to make recommendations about other restaurants you may like;
• process and deliver contest entries and rewards;
• display relevant advertising;
• respond to your comments and questions and provide customer service;
• send you information relating to our products and services, technical notices, updates, security alerts, and support and administrative messages;
• communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by Tabimori, our subsidiaries, and affiliates; select restaurants; and our other selected partners;
• link or combine with other personal information we get from third parties to help understand your needs and provide you with better service;
• protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

Tabimori may store and process personal information in JAPAN and other countries.

HOW WE SHARE INFORMATION

Information Shared With Restaurants

We may share with restaurants summary reports of feedback from diners. If you provide comments about a restaurant through our Sites, these comments may be shared with that restaurant. We will not tie your comments with other information that can identify you, but a restaurant may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.

Information you choose to share with a restaurant may be used by the restaurant for its own purposes. Tabimori does not control the privacy practices of restaurants. Please contact the restaurant directly if you want to learn about its privacy practices.

Information You Share Socially

Our Sites may allow you to connect and share your actions, comments, content, and information publicly . Our Sites may also allow you to connect with us on, share on, and use Third-Party Platforms, including those on which Tabimori has a presence.

Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. Tabimori also does not control the privacy practices of Third-Party Platforms. Please contact those sites and services directly if you want to learn about their privacy practices.

Sharing with Others

We do not share your personal information with third parties other than as described above and as follows:
• We may share personal information when you authorize us to share your information with other third parties such as the restaurants for their own marketing purposes, which are subject to the separate privacy policies of such third parties.
• We may share personal information with affiliates, third-party vendors, consultants, and other service providers who work for us.
• We may share aggregate statistical data for the improvement of services offered by our Sites.
• We share personal information with third parties who provide services to us, such as data collection, reporting, ad response measurement, and site analytics, as well as assistance with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies. We and our third-party service providers, advertisers, and/or partners may also place web beacons for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this Policy.
• We may disclose your personal information (i) to comply with laws and to respond to lawful requests and legal process, (ii) to protect the rights and property of Tabimori, our agents and customers, and others, including to enforce our agreements, policies, and terms of use, and (iii) in an emergency to protect the personal safety of Tabimori, its customers, or any person.
• We may disclose or transfer your personal information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
• We may also share aggregated or de-identified information with third parties in our discretion.

YOUR INFORMATION CHOICES AND CHANGES

You may opt out of receiving promotional emails from Tabimori by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your Tabimori account or our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your personal information with third parties, to our contact information below.

Cookie choices. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites.

Application location choices. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer. If you choose to turn off location services, this could affect certain features or services of our Sites.

CONTACTING TABIMORI

For questions regarding this Policy and information regarding our Personal Information Protection Statement, first contact Tabimori via email at info@tabimori.com.

CHANGES TO THIS POLICY

Tabimori may update or revise this Policy from time to time. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the “Last Updated” date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Sites. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Sites.

Revision date: AUGUST 3, 2015

Our Website

We would like to extend our welcome for people visiting Tokyo especially from overseas, and here on our website we introduce nice hospitable restaurants in Tokyo. We believe that we can provide information for foreign tourists to “Eat & Drink like a Local” and enjoy Japanese foods greatly.

The restaurants listed here use carefully selected ingredients, cook and serve dishes with utmost hospitality in order to provide best service. You may find it a bit difficult when it comes to language communication since not many restaurant owners are accustomed to waiting on foreign customers. Still, they are very looking forward to meeting new customers from overseas.

Different customs have different services. Japanese restaurants do have a different way of services as well. You may find yourselves in a bit uncomfortable situation if you are not aware of it, so we would like you to read the reminders listed below in order to avoid minor contretemps.

- Since weekday lunch hours are very busy, we may ask you to share a table with other customers.
- Some restaurants offer for limited number of reasonable lunch services.
- Advance reservation recommended for Sukiyaki, Tempura and Sushi restaurants desirably via hotel concierge. You may find it difficult to stop by and get a table casually at above restaurants.
- If you are late or cancel a reservation, please contact sooner.
- Cash only (Japanese yen). No credit cards and checks accepted.
- You can’t bring your own drink and condiments.
- No smoking allowed at any time.
- Prices on menu are inclusive of 8 % consumption tax and 10 % service charge.
- L.O. stands for last call which is 30-minute before the closing time.

In closing, we hope that our website could offer you great opportunities in which you will meet Japanese food culture and a glimpse of our history. May your travel will be fun, pleasant and unforgettable one.

TABIMORI　INC,
MANAGING　DIRECTOR
TETSUYA　HANADA

Terms of Use

These Tabimori Terms of Use (this “Agreement”) apply to your consumer use of (1) the Tabimori website at http://www.usefulmenu.com and all affiliated websites owned and operated solely by Tabimori (collectively, the “Tabimori Site”), (2) any Tabimori Application, and (3) any other services or features made available by Tabimori through the Tabimori Site or any Tabimori Application. Together, the items in (1) through (3) are the “Services”.

In this Agreement, “Tabimori” and “we” mean Tabimori, Inc., and “User” and “you” mean any user of the Services. This Agreement incorporates Tabimori’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “Tabimori Policies”).

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services. This agreement contains, among other things, an arbitration provision containing a class action waiver.

Tabimori may update or revise this Agreement (including any Tabimori Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Tabimori, any use of the Services (e.g., the use of the Reservation Services) is subject to the version of this Agreement in effect at the time of use.

Terms for All Services

1. Privacy Policy. Tabimori is committed to helping you safeguard your privacy online. Please review our privacy policy for details about how we collect, use, and disclose information in connection with the Services.

2. Your Account. You may (but are not required to) create an account with UsefulMenu through the Tabimori Site . When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Tabimori registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Tabimori of any unauthorized use of your Account or any other breach of security related to your use of the Services.

3. Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Tabimori does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Tabimori Site, and some features and portions of the Tabimori Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

4. Modifications to Services. Tabimori reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Tbimori Site, Tabimori Application, Restaurants. Tabimori shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

5. Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Tabimori Content”) are provided to User by Taimori or its partners or licensors solely to support User’s permitted use of the Services. The Tabimori Content may be modified from time to time by Tabimori in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Tabimori Content by User shall constitute a material breach of this Agreement. Tabimori and its partners or licensors retain all rights in the Services and Tabimori Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Tabimori or any third party is granted under this Agreement.

6. Application License. Subject to the terms and conditions of this Agreement, Tabimori grants User a non-exclusive, non-transferable, revocable license to use the Tabimori Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

7. Use Restrictions. The Services and Tabimori Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Tabimori expressly reserves all its rights and remedies under applicable state and federal laws. Tabimori reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Tabimori Content, except as expressly authorized by Tabimori; (2) take any action that imposes or may impose (in Tabimori’s sole determination) an unreasonable or a disproportionately large load on the Services or TABIMORI’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Tabimori Content to a third party; (5) use any portion of the Services or Tabimori Content to provide, or incorporate any portion of the Services or Tabimori Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Tabimori); (7) modify any Services or Tabimori Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Tabimori Content; (9) use the Services or Tabimori Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Tabimori Content or access or use the Services or Tabimori Content for competitive analysis or benchmarking purposes.

8. Termination. Tabimori may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Tabimori may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any Tabimori Policies).

9. Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Tabimori reserves the right (but has no obligation) to monitor, remove, or edit User Content in Tabimori’s sole discretion, including if User Content violates this Agreement (including any Tabimori Policies), but you acknowledge that Tabimori may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Tabimori a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Tabimori takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

10. Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Tabimori and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Tabimori’s request) defend Tabimori, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Tabimori Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

11. Disclaimer of Warranties. The services, all Tabimori content, and any other information, products, and materials contained in or accessed through the services, are provided to user on an “AS IS” basis and without warranty of any kind. Tabimori expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Tabimori does not warrant that your use of the services will be uninterrupted or error-free, that Tabimori will review the information or materials made available through the services for accuracy or that it will preserve or maintain any such information or materials without loss. Tabimori shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Tabimori.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

12. Links to Third-Party Websites. The Services may contain hypertext links to websites operated by parties other than Tabimori. Such hypertext links are provided for User’s reference only, and Tabimori does not control such websites and is not responsible for their content. Tabimori’s inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Tabimori assumes no liability whatsoever for any such third-party websites or any content, features, products, or services made available through such third-party websites.

13. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the Japanese.

Revision date: AUGUST 3, 2015

Privacy Policy

This privacy policy (this “Policy”) explains how personal information is collected, used, and disclosed by Tabimori, Inc. (“Tabimori” or “we”). This Policy applies to consumer users (individually referred to as “you”) of Tabimori’s websites, applications, and other online services (collectively, our “Sites”).

Other third parties, such as restaurants and social networks that you use in connection with our Sites, may also collect, use, and share information about you. This Policy does not cover such third parties or their services. For information about third-party privacy practices, please consult with them directly.

INFORMATION WE COLLECT

We collect information about you in various ways when you use our Sites. We use this information to, among other things, provide the functionality and improve the quality of our Sites and personalize your experience. For example, we may collect your name, email address, survey responses, demographics, primary dining city, favorite restaurants, special restaurant requests, passwords, other information you provide on our Sites. If you use our mobile application, we may also collect your mobile device ID, your precise location data, and the restaurant search locations you select. We may also obtain information from other sources, such as third-party websites, applications, and services (each, a “Third-Party Platform”), through which you connect with our Sites and combine that with information we collect on our Sites.

When you visit our Sites, some information is automatically collected. For example, when you visit our Sites, we may automatically collect your location, computer operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Sites. We also collect information about your usage and activity on our Sites using certain technologies, such as:
• Cookies. We may automatically collect information using “cookies” and similar technology. Cookies are small data files that may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Among other things, cookies help us improve our Sites and your experience. We use cookies to see which areas and features of our Sites are popular and to count visits to our Sites. We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. We may share this information with the Third-Party Platform for its use as permitted by the terms of your agreement and privacy settings with such Third-Party Platform.
• Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and tell whether you open an email and act upon it.

Do-Not-Track Signals. We currently do not employ technology that recognizes “do-not-track” signals from your browser. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our Sites.

HOW WE USE INFORMATION WE COLLECT

We use personal information collected through our Sites for the purposes described in this Policy or disclosed to you on our Sites or otherwise in connection with our services. For example, we may use your information to:
• offer you, or provide you with, products and services
• operate and improve our Sites, products, and services;
• understand you and your preferences to enhance, personalize, and customize your experience and enjoyment using our Sites, products, and services, such as understanding your dining history to make recommendations about other restaurants you may like;
• process and deliver contest entries and rewards;
• display relevant advertising;
• respond to your comments and questions and provide customer service;
• send you information relating to our products and services, technical notices, updates, security alerts, and support and administrative messages;
• communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by Tabimori, our subsidiaries, and affiliates; select restaurants; and our other selected partners;
• link or combine with other personal information we get from third parties to help understand your needs and provide you with better service;
• protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

Tabimori may store and process personal information in JAPAN and other countries.

HOW WE SHARE INFORMATION

Information Shared With Restaurants

We may share with restaurants summary reports of feedback from diners. If you provide comments about a restaurant through our Sites, these comments may be shared with that restaurant. We will not tie your comments with other information that can identify you, but a restaurant may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.

Information you choose to share with a restaurant may be used by the restaurant for its own purposes. Tabimori does not control the privacy practices of restaurants. Please contact the restaurant directly if you want to learn about its privacy practices.

Information You Share Socially

Our Sites may allow you to connect and share your actions, comments, content, and information publicly . Our Sites may also allow you to connect with us on, share on, and use Third-Party Platforms, including those on which Tabimori has a presence.

Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. Tabimori also does not control the privacy practices of Third-Party Platforms. Please contact those sites and services directly if you want to learn about their privacy practices.

Sharing with Others

We do not share your personal information with third parties other than as described above and as follows:
• We may share personal information when you authorize us to share your information with other third parties such as the restaurants for their own marketing purposes, which are subject to the separate privacy policies of such third parties.
• We may share personal information with affiliates, third-party vendors, consultants, and other service providers who work for us.
• We may share aggregate statistical data for the improvement of services offered by our Sites.
• We share personal information with third parties who provide services to us, such as data collection, reporting, ad response measurement, and site analytics, as well as assistance with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies. We and our third-party service providers, advertisers, and/or partners may also place web beacons for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this Policy.
• We may disclose your personal information (i) to comply with laws and to respond to lawful requests and legal process, (ii) to protect the rights and property of Tabimori, our agents and customers, and others, including to enforce our agreements, policies, and terms of use, and (iii) in an emergency to protect the personal safety of Tabimori, its customers, or any person.
• We may disclose or transfer your personal information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
• We may also share aggregated or de-identified information with third parties in our discretion.

YOUR INFORMATION CHOICES AND CHANGES

You may opt out of receiving promotional emails from Tabimori by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about your Tabimori account or our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your personal information with third parties, to our contact information below.

Cookie choices. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites.

Application location choices. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer. If you choose to turn off location services, this could affect certain features or services of our Sites.

CONTACTING TABIMORI

For questions regarding this Policy and information regarding our Personal Information Protection Statement, first contact Tabimori via email at info@tabimori.com.

CHANGES TO THIS POLICY

Tabimori may update or revise this Policy from time to time. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the “Last Updated” date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Sites. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Sites.

Revision date: AUGUST 3, 2015