CHAPTER 1. GENERAL

Article 1. Application of Terms of Use

These terms of Use (hereinafter “Terms”) provided in the details as follows shall apply to the user (hereinafter “User”) of the at_STARBUCKS_Wi2 Service (hereinafter “Service”) provided by Wire and Wireless Co., Ltd (hereinafter “Wi2”) regarding the use of the Service by the User.

Article 2. Scope and Modification of Terms

These Terms apply to Wi2 and the User with regard to the use of this Service and both Wi2 and the User will assume respective duty to comply faithfully with these Terms after formation of the contract for the Service that the User will apply for as provided in Article 3 (Application for the Service) and Article 4 (Formation of the Contract for the Service).
2. Wi2 reserves the right to modify or change the Terms without The Userr consent.

CHAPTER 2. APPLICATION FOR THE SERVICE

Article 3. Application for the Service

The applicant for the use of this Service (hereinafter “Applicant”, who will become the “User” upon formation of the Service Contract provided in the following article) must take necessary steps to sign up for the Service upon agreeing to these Terms. Any applicant who is a minor is deemed to have done so upon parental consent.

Article 4. Formation of the Contract for the Service

The contract will be deemed to have been formed once the Applicant is successfully registered following its application for the use of the Service conducted under the previous article.

Article 5. Conditions for the User of the Service

The User shall prepare the communication device, software and other materials necessary for the use of the Service on its own responsibility and at its own expense.

Article 6. No Assignment of the Right to Use the Service

The User may not assign the right to use the Service to a third party.

Article 7. Cancellation of the Use of the Service by the User

The User who wishes to cancel the use of the Service shall notify Wi2 of such intent in advance in the manner specified by Wi2.

CHAPTER 3. THE SERVICE

Article 8. Service To Be Provided

Wi2 will provide the Service to the User according to these Terms and the contract terms and conditions and to the extent provided herein and therein. In cases where there are any other special terms and conditions separately presented by Wi2 or the a third party or any other terms and conditions (hereinafter “Other Terms”), the User shall agree to and comply with such Other Terms in addition to these Terms.
2. Wi2 will provide the public wireless LAN service free of charge, as well as the information delivery service based on the attributes of the User such as age and gender data and other data including the User’s past activity history (hereinafter “User Data”) as part of the Service. The User Data may be supplied to a third party after confirming that they are completely anonymized and masked.
3. Wi2 may modify the content of the Service in whole or in part.

Article 9. Use of the Data Provided by Third Party

With regard to the use of the data provided by a third party, the User shall agree that any and all responsibility shall be attributable to the provider of each data and that Wi2 is not a party involved in the provision of the said data.

Article 10. Warranty of Data Provided by Third Party

Wi2 does not give any warranty as to the completeness, accuracy, reliability or usability of the goods, services or information provided by any third party through the Service.
2. Wi2 does not assume any responsibility whatsoever for any disputes between the User and a third party arising out of the use of the goods, services or information provided by the third party.

CHAPTER 4. USER OBLIGATIONS

Article 11. Prohibition

The User may not conduct any of the following acts in its use of the Service and agrees to the suspension of its use of the Service in case the User is determined by Wi2 to have committed any of the following:

1) Infringement upon or likelihood to infringe upon the copyright or any other rights of a third party or Wi2;
2) Violation or likelihood to violate the property or privacy of a third party or Wi2;
3) An act causing or likelihood to cause disadvantage to the third party or Wi2 in addition to the preceding paragraph;
4) Defamation of the third party or Wi2;
5) Offense against or likelihood to be offensive to public order and morals (obscenity, prostitution, violence, atrocity, abuse, etc) or provision of data offensive to the public order and morals to a third party;
6) A criminal act, an act leading to a criminal act or an act likely to be any of them;
7) An election campaign or any act similar to it regardless of whether or not during elections;
8) Use of the Service itself for profit such as resale or lease of the Service;
9) Establishment of and solicitation for an endless money chain (pyramid scheme);
10) Sending advertising or soliciting email to a large number of people, or sending fraudulent or repulsing email or email likely to be any of the preceding (harassing email) ;
11) Interference with email reception by the third party or Wi2, request to forward chain email or forwarding of such email upon such request;
12) Use of the Service by pretending to be someone else;
13) Alteration or deletion of the data of Wi2 or a third party accessible through the Service;
14) Use or provision of a harmful program such as a computer virus via or in connection with this Service;
15) An act causing trouble or disadvantages to Wi2 or a third party, an act likely to affect or interfere with the proper operation of the Service;
16) Use of the Service in a manner causing a serious adverse effect on the use of the Service by a user directly or indirectly using the Service;
17) Other violation or likelihood to violate any laws or regulations, and;
18) Other acts determined to be inappropriate by Wi2.

Article 12. Principle of Self-Responsibility

The User shall assume all liability including liability for damages to Wi2 or a third party even after its user eligibility is lost in case any damage is caused to Wi2 or the third party due to the act of the User falling under the preceding article (Prohibition).
2. In case the User suffers any losses or assumes any liability in relation to the data or a file uploaded or downloaded through the use of this Service, the User shall resolve them on its own responsibility and shall not make any claim or cause any trouble to Wi2.

Article 13. Property Right

All the programs, software, services, procedures, trademarks and trade names constituting the Service, the service provided by the third party and all the technology associated to the said service shall belong to Wi2 or the said provider.

Article 14. Copyright

The User may not use any of the information or files provided via the Service beyond the extent of copying for its private use as provided by the Copyright Law in any manner whatsoever without obtaining permission from the copyright holder.
2. The User may not cause a third party to use or disclose any information or files provided via the Service in any manner without obtaining permission from the copyright holder.
3. Where any dispute arises as a result of violation of the provisions of this article, the User shall resolve such dispute on its responsibility and at its expense, indemnify and hold Wi2 harmless in any circumstances.

CHAPTER 5. PROTECTION OF PERSONAL INFORMATION

Article 15. Use of Personal Information

The personal information of the User which has come to be known to Wi2 upon the application for the Service made by the Applicant and the personal information and other usage information which have come to be known to Wi2 in the course of the use of the Service by the User will be handled property in accordance with the contract terms and conditions and the privacy policy of Wi2. The purpose of use of the personal information will be provided in the separate sheet.
Privacy Policy

Article 16. Suspension and Termination of Service

Wi2 shall be entitled to suspend or terminate the operation of the Service in case any of the following applies:

1) In case any regular or emergent maintenance or construction work of the Service is to be conducted or under any unavoidable circumstances such as failure of Wi2’s systems;
2) In case normal provision of the Service is unavailable due to war, unrest, riot, labor dispute, earthquake, volcano eruption, flood, tsunami, fire, blackout or other Acts of God;
3) In case of any regulation or order by governmental agencies or suspension or termination of the provision of the Service by other telecommunications service provider; or
4) In other cases where temporary suspension of the Service is determined by Wi2 to be necessary for its operation.

2. In case Wi2 suspends or terminates the operation of the Service under the provisions in the preceding paragraph, Wi2 will notify the User of the fact in advance; provided, however, that this shall not apply to emergency and unavoidable circumstances.
3. Wi2 will not be held responsible for any damages suffered by the User or a third party caused by the suspension or termination of the Service under the provisions of this article.

CHAPTER 6. LIABILITY

Article 17. Liability for Damages

Liability for damages shall be in accordance with the contract terms and conditions provided by Wi2.

Article 18. Disclaimer

Wi2 will assume no responsibility whatsoever for any damages suffered by the User resulting from the provision of the Service.
2. Wi2 shall by no means warrant proper operation of the communication device, software or other materials used by the User.

Article 19. Governing Law

The formation, effect, performance and interpretation of the Terms shall be governed by Japanese law.

Article 20. Competent Court

Any dispute arising in connection with the Service between the User and Wi2 shall be resolved through mutual consultation in good faith between the parties.
2. In the event such dispute cannot be resolved pursuant to the preceding paragraph, such dispute shall be resolved by the Tokyo District Court or the Tokyo Summary Court as the agreed exclusive jurisdictional court of first instance.

Supplementary Provision

These Terms shall take effect on July 2, 2012.

(Separate Sheet)

Purpose of Use of Personal Information

Wi2 will use the personal information within the scope of the achievement of its business to provide Starbucks Wi-Fi Service (hereinafter “Service”) and its associated business activities, and other businesses Wi2 may operate through this Service and any other associated business activities (including new services and operations to be engaged in the future), which are specifically:

• Introduction to the Service, proposal and acceptance of application for the Service
• Proof of identity of the Applicant in connection with the application for the Service
• Administration of the ongoing contract such as Service and contract terms
• Evaluation of the appropriateness of the provision of the Service
• Appropriate execution of tasks in case processing of personal information in whole or in part is commissioned by other service providers
• Execution of rights and fulfillment of obligations under the contract with the User or national laws
• Improvement or development of services through market researches or data analyses
• Various proposals and announcements related to the Service including shipment of direct mail
• Management of the Service after its termination
• For the effective use of the information delivery based on the latitudinal and longitudinal information of Wi2’s access points, the location information of the device connection obtained based on the installation data of Wi2’s access points may be provided to a third party from time to time upon confirming that such information is anonymized and masked.
• For the purpose of leveraging the age and gender data gathered from the sign-up and the past activity history of the User, such information may be provided to a third party upon confirming that they are anonymized and masked.