Terms of Service

Article 1 (Application of Terms)

TENMONDO INC. (the “Company”) stipulates these Terms of IMAKIKU’s service (these “Terms”) and provides IMAKIKU’s service (the “Service”) to customers (the “User”) who have entered into a Use Agreement under the condition that they will comply with these Terms.
The Company may amend the content of these Terms and the Service without notifying the Users in advance. Use of the Service shall be in accordance with the Terms posted at the time of use, including any amended or additional Terms.
Notwithstanding the provisions on the fee herein, the Company provides the Service to its Users for a limited period in exchange for the fee provided on the website of the Service (the “Website”) under the objective of conducting online marketing activities. Thus, the Company does not in any way guarantee the system, design, operating environment, or other aspects of the Service to Users. Furthermore, if its marketing activities are completed or as it determines necessary, the Company may change or terminate all or a part of the system or design of the Service without prior notice to the Users, pursuant to the provisions herein.
License to use Website. Unless otherwise indicated, the Website and all its content, such as text, images, and the HTML used to generate the pages (“Material”) are the property of the Company or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under US or foreign laws. In consideration for your agreement to the terms and conditions contained here, the Company grants you a personal, non-exclusive, non-transferable license to access and use the Website and the Material. Registered users may download Material from the Website only for such user's own personal, non-commercial use. No User may otherwise copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or otherwise transfer any Material or modify or create derivative works of the Material. The burden of determining that use of any information, software or any other content on the Website is permissible rests with User. Some content on the Website is provided by third parties, and the use of that content is subject to rules and restrictions as indicated on the Website. You agree to be bound by all such rules and restrictions.
The logos, names and graphics on the Website of the Company or others, may be trademarks of the Company or others. Use, reproduction, copying or redistribution of Company trademarks, without the prior written permission of the Company, is prohibited. All other trademarks or servicemarks appearing on the Website are the marks of their respective owners. Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or Material you may access on the Website and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or Material, in whole or in part. Any commercial use of the Website is strictly prohibited except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as otherwise provided by the Company. If you make use of the Website, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Website.

Article 2 (Definitions)

The terms used herein have the meanings specified in the following items:

“Account” means an account that may be used within the Service, which the Company lends to a User in order for such User to use the Service.
“Content” means any content distributed from the Account, including the Account’s profile information (including but not limited to messages, text, pictures, images and illustrations).
“Post” means any Content that is made viewable to Users by a User sending or saving it by means of an upload to the server managed by the Company and includes comments from Users posted in response to the said Post.
“Use Agreement” means the agreement concluded between the Company and a User using an application form on the Website.
“User” means a user of the Service.

Article 3 (Application for use)

Applications for the Use Agreement of the Service shall be made by consenting to these Terms and then filling in the necessary information on the application form provided on the Website and sending it to the Company.
The conditions of the Service, including the fee and payment method, are as set out on the Website.
Users’ payments shall be processed pursuant to the procedures stipulated by a third party to whom the Company entrusts its payment settlement services (the “Settlement Agency”).
The Company’s acceptance or refusal of the application in Paragraph 1 shall be sent to the email address provided on the application form. The Use Agreement for the Service becomes valid once the Company sends an indication of its acceptance to the applicant.
The Company may deny an application for the Use Agreement in its sole discretion for any reason or for no reason
The Company may suspend the Service or cancel the Use Agreement without giving notice if the User has violated these Terms, even if the Use Agreement has already been concluded.
The Company may, in its sole discretion, cancel the Use Agreement at any time, even in cases where the Use Agreement has been concluded, if it determines that a User’s use of the Account, Content or Posts are not appropriate for the Service. The Company shall make such determinations in accordance with its judgment criterion and the Company shall bear no obligation to disclose the reason for the cancellation to the User.

Article 4 (Term of Agreement)

The term of the Use Agreement shall be the respective period separately specified for each purchased service and shall be automatically renewed every one month unless the User requests that the Use Agreement be cancelled.
If a User cancels the Use Agreement prior to the expiry date of the term of the agreement, the User shall pay the fee up to the last day of the term of agreement.

Article 5 (Account)

A User may not allow a third party to use the Account (i.e. to access the Account, to send information from the Account or otherwise manipulate the Account; hereinafter the same) without obtaining the Company’s prior written consent (including via email).
A User may not use the Service as an advertising medium for a third party other than the User (including the advertisement of any services and trade names that are not the User’s in the Content and Posts).
The Company shall support the Users’ use of Accounts to the extent reasonable and the Company shall be able to access and manipulate the Accounts to the extent necessary to provide such support.
The Company shall not assume any responsibility for damages arising to the Users as a result of manipulation under the preceding Paragraph pursuant to a request from the User.

Article 6 (Content)

The Content is primarily sent to the Company and then secondarily sent to the Users of the Service via the Company’s system, and distributed to the Company at the same time as it is distributed to the Users.
The Company may elect not to send Content to Users if the Content includes keywords or other content that is prohibited by the Company or the Company deems inappropriate, to which the Users consent in advance.
The Company does not guarantee that the Content will be distributed to the Users instantaneously.
The Company may restrict the use of the Service if a User’s actions heavily burden the Company’s telecommunication equipment.
The Users agree that the Content that the Users receive from the Service will be saved in the Users’ terminal and may be viewed within the Service, even after the termination of the Use Agreement.
Each User agrees that, if a third party claims that any Content the User posted is unlawful, the User will bear the burden of establishing that the material complies with all applicable laws. Although the Company does not monitor the content of the Service, the Company has the right to remove material from the Service, block access, or take other action with respect to the material in its sole discretion.
By submitting of any Content, you hereby grant the Company an irrevocable, non-exclusive, royalty free, fully transferable, worldwide license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform and publicly display any such submission. You hereby grant Users of the Service a license to use your Content (including the right to copy, modify and distribute such content) in conjunction with their participation in the Service.

Article 7 (Representations and warranties)

The Users represent and warrant to the Company that:

The Content and Posts do not infringe the rights of a third party (including but not limited to copyright, moral right of author, patent right, trademark right, design right, utility model right, trade secret, right of honor, portrait right, right to privacy and publicity right);
The Content and Posts do not include content that is likely to harm public policy (including but not limited to excessively violent expressions, explicit sexual expressions or other antisocial content) or content that is prohibited under laws and regulations;
The Content and Posts are complete, accurate and lawful; and
The information provided by the User to the Company is complete and truthful.

Article 8 (Security Rules)

Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations. You agree that you will not violate or attempt to violate the security of the Website, including without limitation: attacking, probing, scanning or testing the vulnerability of, breaching security of, disrupting, disabling or harming the Website, or servers or networks connected to the Website

using the Website via any automated means, such as a screen-scraper or robot. This is not intended to exclude the use of assistive technology for your own use, such as screen-readers
sending any unsolicited emails to other Website Users or forging any TCP/IP packet header or any part of the header information in any e-mail
displaying the Website within a frame on another website, or place pop-up windows or other disruptive technologies over it
accessing data not intended for you or logging into a server or account you are not authorized to access
attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Website, overloading, “flooding,” Mailbombing” or “Crashing”
impersonating another person or allowing another to use your registration information to access the Website.

Article 9 (Discontinuance of Service)

The Company may temporarily discontinue all or a part of the Service in any of the following cases:
- If the Company is conducting maintenance or construction work on the equipment used for the Service;
- If there is a disruption in the equipment used for the Service; or
- If the Company is unable to use telecommunication services due to service operations provided by the telecommunications company.
Even if the Company discontinues the Service pursuant to the preceding Paragraph, the Company shall not bear any responsibility for damages arising to the Users as a result of such discontinuance (including any refund of the fee).

Article 10 (Suspension of Service)

The Company may suspend the provision of the Service if a User falls under any of the following items. Additionally, even if a User does not fall under any of the following items, the Company may suspend the provision of the Service at its own discretion.
1. If a User transfers, lends or shares the Account;
2. If a User infringes the patent right, copyright or other intellectual property right of a third party;
3. If a User’s action violates laws, ordinances or other statutes generally;
4. If a User distributes information that includes false or fabricated information;
5. If a User distributes information that disturbs public order and morality;
6. If a User infringes a third party’s honor, credit, privacy or portrait right;
7. If a User causes the Company or the Users any disadvantages or damages;
8. If the Company deems any other act of a User to be unjust or inappropriate; or
9. If a User’s action breaches these Terms and the Company determines that such act significantly hinders or is likely to hinder the operation of the Company and the Service.
If a User falls under any of the items in the preceding Paragraph, the Company may cancel the Use Agreement immediately, without suspending the Service.

Article 11 (Termination of Service)

The Company may terminate all or a part of the Service at its own convenience.
When terminating the Service, the Company shall give notification by means of an email addressed to the Users, a post on the Website or any other manner that the Company deems appropriate.
If the Service is terminated pursuant to the preceding two Paragraphs, the Use Agreement shall be terminated at the same time on the relevant termination date.

Article 12 (Right to Information)

Any intellectual property rights (including copyright) pertaining to information that a User registers on the Service belong to that User. Furthermore, the Company shall not bear any responsibility to protect the intellectual property rights of the User.
The Users shall allow the Company to use the information they registered on the Service free of charge to the extent necessary to conduct the Service (including not exercising the moral right of author against the Company).
Any rights pertaining to information on the Users that the Users obtain through use of the Service (including but not limited to name, ID, icon image, status message and content; the “User Information”) belong to the Company. However, this is not the case for information on the Users which is gathered by the User or gathered at a link other than the Service that is designated by the User through the User’s use of the Service.
The Users shall not gather or reuse User Information for purposes other than use of the Service.
The Users shall agree in advance that if the Use Agreement is terminated, all information that the Users registered on the Service (including but not limited to the Content and Posts) will be deleted immediately.
If any disputes occur among the Users arising from the Content and Posts, the User shall handle and resolve such dispute at its own responsibility and expense. The Company will not in any way participate in such dispute (including as an intermediary).

Article 13 (Copyright Complaints)

The Company respects the intellectual property rights of others. In accordance with Title II of the U.S. Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for the Company. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact our designated agent by email toand provide the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Article 14 (Confidentiality)

Any party receiving disclosure of confidential information of the Company or a User, or information that belongs to the Company or a User that is disclosed pursuant to the Use Agreement (“Confidential Information”) from a disclosing party with an indication of its confidentiality shall treat such information as confidential.
If any divulgence, falsification or wiretapping of Confidential Information is discovered, the Company and the relevant User shall immediately report the incident in writing (including email) to the other party.
The Company and the Users may not disclose Confidential Information to a third party without obtaining the prior written consent of the other party. However, information that falls under any of the following items shall not constitute Confidential Information:
1. Information that is already known prior to disclosure;
2. Information that is in the public domain or otherwise available to the public;
3. Information that has been duly obtained from a third party without breaching confidentiality obligations;
4. Information that the disclosing party has agreed in advance and in writing to exclude from treatment as Confidential Information; and
5. Information that is required to be disclosed pursuant to orders from a court or police station, or other laws and regulations.
The Company and the Users shall return or destroy the Confidential Information and any copies thereof if the Use Agreement is terminated or the disclosing party requests such actions during the effective term of the Use Agreement.

Article 15 (Elimination of anti-social forces)

The Users represent that they and their representatives, officers, persons who have the substantial right of management and employees (the “Relevant Persons”) currently do not fall under any of the following, and ensure that the Relevant Persons will not fall under any of the following in the future:
1. An organized crime group (as stipulated in Article 2, Item 2 of the Japan Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of 1991; the “Anti-Organized Crime Act”))
2. An organized crime group member (as stipulated in Article 2, Item 6 of the Anti-Organized Crime Act)
3. An associate member of an organized crime group;
4. A company related to an organized crime group;
5. A corporate extortionist (sokaiya), a group engaging in criminal activities under the pretext of conducting social campaigns or political activities, or a crime group specialized in intellectual crimes;
6. Persons who are closely involved with those set forth in the preceding items (including but limited to the provision of funds and other benefits to such persons); or
7. Any other person equivalent to those in the preceding items.
The Users ensure that neither they nor their Relevant Persons directly or indirectly conduct any of the following acts:
1. Violent demands;
2. Unjust demands beyond the scope of their legal responsibility;
3. Threatening behavior (including but not limited to acts where one says that he/she or a Relevant Person thereof is a person provided in the preceding Paragraph) or acts involving violence with respect to a transaction;
4. Spreading false information or using fraudulent means or force to damage the credit of another party or interfere with another party’s operations; or
5. Any other act equivalent to those in the preceding items.
The Company may cancel the Use Agreement without giving any notice if it becomes evident that a User has breached any of the represented or ensured matters set forth in the two preceding Paragraphs.
If the Company cancels the Use Agreement pursuant to the preceding Paragraph, the Company shall not bear any responsibility to compensate the relevant User for any damages, losses or expenses arising from such cancellation.

Article 16 (Assignment)

The Company may assign a part of the Service to a group company of the Company or a third party separately specified by the Company, and the Users consent to this.
If the Company assigns a part of the Service to a third party (the “Assignee”), the Company shall cause the Assignee to bear the same obligations that it bears pursuant to the provisions of the Use Agreement.

Article 17 (Notice for California Users)

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Article 18 (Disclaimer of Warranties)

This website and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.
The company does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the website, information obtained from the website, or link to a site. The company does not warrant that the website will operate in an uninterrupted or error-free manner or that the website is free of viruses or other harmful components. Use of information obtained from or through the website is at your own risk.
Without limiting the foregoing, the company does not warrant that (a) the website will meet your requirements or expectations or achieve the intended purposes, (b) the website will not experience outages or otherwise be uninterrupted, timely, secure or error-free, (c) the information obtained through from the website will be accurate, complete, current, error-free, completely secure or reliable, (d) that you will be able to transmit or receive information from or through the website or (e) that defects in or on the website will be corrected.

Article 19 (Limitation of Liability)

Notwithstanding the other clauses herein you agree that the company will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms, or to your (or any third party's) use or inability to use the website, or to your placement of content on the website, or to your reliance upon information obtained from or through the website. In particular, the company will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms, your use or inability to use the website, or your placement of content on a website, or to your reliance upon information obtained from or through the website, whether based in contract, tort, statutory or other law, even if the company or its representatives have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability so some of the above limitations may not apply to you. In no event shall the total liability of the company to you for all damages, losses, and causes of action arising from the terms or your use of the site exceed, in the aggregate, \10,000.

Article 20 (Compensation for damage)

If a User causes damage to the Company or the Users as a result of breaching these Terms, the User shall be responsible for immediately compensating all such damage (including but not limited to attorneys' fees).
You agree to indemnify, defend and hold the Company and its officers, agents, employees, and Assignees, harmless from any claims, actions, demands, losses or damages, including legal fees, arising out of, resulting from or in any way related to your participation in or use of the Website or the Services, your posting of Content onto the Website or your violation of these Terms.
If the provision of the Service is discontinued or suspended due to a force majeure such as a fire, power failure, natural disaster or a disruption in the network and system, the Company shall not be held responsible for any damage incurred by the User as a result of such discontinuance or suspension.
The Company shall provide compensation for general damage arising to the User up to an amount equivalent to a month’s worth of the most recent monthly expenses, only if the Company intentionally or negligently causes damage to the User with respect to the matters set forth in these Terms.

Article 21 (Change of User’s name, etc.)

A User shall promptly notify the Company if there is a change in its representative, trade name or address.
If the notice in the preceding Paragraph is given, the Company may request the User to submit a document certifying that such notice was given and the User shall comply with such request.

Article 22 (Transfer and succession of status)

The Users shall not transfer to a third party, offer as security or assign its status under these Terms and the Use Agreement and the rights and obligations arising in relation thereto without the prior written consent of the Company.

Article 23 (Governing Law)

These Terms shall be governed by the laws of Japan.

Article 24 (Agreed exclusive jurisdiction)

If any lawsuits arise in relation to a dispute regarding these Terms and the Service, either the Tokyo Summary Court or the Tokyo District Court shall be the agreed exclusive court of jurisdiction for the first instance, depending on the amount in contention.

Article 25 (Additional Matters)

Matters not stipulated in these Terms shall be resolved in good faith through consultation between the Company and the Users.
The Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Terms inure to the benefit of the Company’s successors, Assignees and licensees.
The section titles in the Terms are for convenience only and have no legal or contractual effect.

Established on January 24, 2014
Completely revised on December 24, 2014

TENMONDO INC.