Draft — enacted on: [TO CONFIRM: date]
These Terms apply to Festory, operated by Wisteriver LLC. The Japanese version prevails.
These Terms of Service govern your use of “Festory” (https://festory.jp, the “Service”), operated by Wisteriver LLC (“we”, “us”). By using the Service you agree to these Terms.
The Service is a platform that records and preserves the world's vanishing festivals, and supports their continuation through participatory experiences.
You register and sign in via a sign-in link sent to your email address, or via Google authentication. We do not store passwords. You are responsible for the security of the email account you register; we are not liable for damage caused by your failure to manage it.
Minors must obtain the consent of a parent or legal guardian before using the Service. Accounts may not be transferred or lent to third parties.
A booking of an experience package is concluded when the booking procedure and payment are completed on the Service. Payment is by credit card through Stripe, Inc. Prices are displayed in Japanese yen, tax included. [TO CONFIRM: confirm tax-included pricing before publishing]
We sell experience packages under agreements with Organizers, and a substantial share of each fee is returned to the Organizer or preservation society. [TO CONFIRM: finalize whether Festory sells as principal or as intermediary — this affects the Commercial Disclosure and refund liability]
Bookings may be declined, for example when capacity is full.
Cancellations by the Participant are subject to the following policy: [TO CONFIRM: cancellation policy not yet fixed. Example — full refund up to 14 days before the festival / 50% up to 7 days before / no refund thereafter].
If a festival is cancelled, or its content is materially changed, we will refund the full amount paid (allocation of payment-processing fees [TO CONFIRM]). The same applies where a festival is cancelled due to force majeure such as natural disaster or epidemic. Refunds are made to the card used for payment.
At the festival, Participants must follow the instructions of the Organizer, preservation society, security and other staff. Festivals may include religious and cultural rites — please respect the rules on conduct, dress and photography, and the culture and customs of the local community.
Participants take part at their own responsibility for their health. Please arrange your own accident/travel insurance. [TO CONFIRM: rewrite this clause if the Organizer or Festory provides event insurance]
Posting via “Engrave” is limited to Participants who actually took part in that festival in that year (i.e. who hold the participation stamp). Copyright in Posts remains with the poster. However, the poster grants us and the relevant Organizer a royalty-free, non-exclusive, worldwide, perpetual licence to use Posts (including reproduction, public transmission, translation and minor modification such as cropping) for the purposes of recording and archiving the festival and operating and promoting the Service.
The purpose of the Service is to keep festival records alive: approved Posts remain published as part of the festival's yearly archive. If you wish a Post to be taken down, contact us — we will de-list it within reason.
The poster warrants that any people appearing in a Post have consented to publication, and that the Post does not infringe third-party rights. Posts are subject to our approval, and we may decide whether or not to publish them.
Crew messages are visible only to members of that crew; however, where a report is made, we may review the content to keep the Service safe. After the festival ends, crews become read-only archives.
If a user violates, or is likely to violate, these Terms, we may de-list Posts, restrict features, cancel bookings, suspend or delete accounts, and take other necessary measures. Where a booking is cancelled due to a violation, we decide whether to refund in light of the nature of the violation.
Rights in the Service and in archive content (text, photos, video and designs created or provided by us or Organizers) belong to us or the rightful owners. Use beyond private use permitted by law is prohibited.
We may change, suspend or terminate the Service with prior notice (or subsequent notice in urgent cases). On termination, concluded bookings will be handled in good faith in accordance with Section 5.
We are not the organizer of the festivals themselves. We do not guarantee that a festival will be held, its content, or the weather. Except in cases of our intent or gross negligence, we are not liable for accidents, injuries or theft during festival participation.
Where we are liable to a user, our total liability is capped at the amount actually paid by that user for the relevant booking, to the extent not contrary to the Consumer Contract Act or other mandatory law.
We may amend these Terms in accordance with Article 548-4 of the Japanese Civil Code (standard terms of contract). Material changes will be announced on the Service in advance with an effective date.
These Terms are governed by the laws of Japan. The district court with jurisdiction over our head office [TO CONFIRM: name of the court for Wisteriver LLC's registered address] has exclusive jurisdiction in the first instance over disputes relating to the Service.
The Japanese version of these Terms is the authoritative text; the English version is a courtesy translation. In case of discrepancy, the Japanese version prevails.