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Terms of Use

These Terms of service (“Terms”) provided by Kodama & Company, Inc. (hereinafter “KODAMA”) shall apply to KODAMA’s various websites, SMS, API, buttons, widgets, advertising, and service provided by the KODAMA, including the e-commerce services (hereinafter referred to as “Service”) and, together with the other of the target service (following service of KODAMA related to the present Terms of the “Service” ), as well as accessing and using the information uploaded, downloaded or displayed on this service, text, graphics, photographs and other materials thing(collectively referred to as “Contents”) .
In order to access and use this Service, you must agree to these Terms and comply with these Terms.
If you access or use this service, you agree to be bound by these Terms.

1. Basic condition

The user is responsible for the use of the Service, all of the contributed content and all the consequences caused thereby. Most content that the user transmits, posts or displays through this service will be made public by default and will be viewable by other users of this service and will also be viewable through other companies’ services and websites. Depending on the service, you can manage who can view your own content in settings. Please limit the Contents to be provided to those that can be shared with other people based on these Terms. This Service can only be used if the user can enter into a binding these Terms with KODAMA and is not prohibited from using the service under the laws of the United States or applicable other jurisdictions. In the case of agreeing to these Terms and using this service on behalf of a specific enterprise, organization, government or other legal entity, the user shall represent and warrant that it has such authority. You can only use this service if you comply with these Terms and comply with all applicable local government, state, country and international laws and regulations.

This service continues to evolve constantly, its form and content may be changed from time to time without notifying the user in advance. In addition, KODAMA can suspend (permanently or temporarily) the provision of this service (or part of this service) to users or users in general and may not be able to notify users in advance. Furthermore, KODAMA reserves the right to restrict usage and storage at KODAMA’s sole discretion at any time without notifying the user in advance.

This service may include advertisements targeting content or information on the service, inquiries made through this service or any other information. The type and scale of advertisements provided by KODAMA on this service will change from time to time. The user agrees that KODAMA and its third party providers or partners shall not be liable for any damages whatsoever on the Service or any content or information from the Service Whether you are a user or someone else), you agree to post advertisements.

2. Privacy

KODAMA’s “Privacy Policy” that determines how KODAMA collects and uses user information is applied to all information that the user provides to KODAMA. By using this service, you agree that KODAMA (in accordance with the privacy policy) will use this information, including transferring such information to the United States and other countries, for storage, processing and use by KODAMA to collect and use it. In some cases, KODAMA may need to notify you about service and management messages, etc. as part of providing this service to users. These communications are considered part of this service and user’s account, and users may not be able to refuse to receive these notifications.

3. Password

The user shall be responsible for the management of the password used to access this service and the acts and operations using his / her password. We recommend that you use a highly secure password (a combination of uppercase letters, lowercase letters, numbers, and symbols) for your account. KODAMA assumes no responsibility for any loss or damage caused by not complying with this.

4. Content on the Service

Whether it is a public posting or a private communication, all Contents are assumed to be solely responsible for the creator of that content. KODAMA may not monitor or manage the content posted via this service and can not be held responsible for such content. Please do so at your own risk either to post through this service or to rely on content or material acquired by the user or to use them. KODAMA does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communication content posted via this service, It does not endorse them for any opinion to be displayed through. Through the use of this service, you may notify us of any objectionable, harmful, inaccurate or inappropriate content, and possibly misrepresentation or other potential false posting, you shall understand. KODAMA shall not be liable for any reason whatsoever arising out of any mistakes or omissions in the content or the use of content delivered, mailed or transferred or otherwise made available through the Service or distributed to other places. KODAMA do not assume any responsibility for any content (including but not limited to loss or damage).

5. User rights

You reserve the right to any content you submit, post, or display on this Service or via this Service yourself. By sending, posting, or displaying the content on or through the Service, you agree to indemnify, defend, hold harmless, (with the right to license sublicenses) for processing, modifying, publishing, sending, displaying, and distributing the product, without charge, to KODAMA. This license allows users to allow KODAMA and other users to view their own calls in the KODAMA service globally. Subject to this license, KODAMA reserves the right to provide, advertise and enhance this service, and on the premise of complying with these Terms of KODAMA concerning content usage, send to this service or via this service agree to include the right to provide to other companies, organizations or individuals that are partners of KODAMA for the purpose of distributing or publishing the content in other media or service.

KODAMA establishes rules that continue to evolve regarding the handling of user’s content on KODAMA services by ecosystem partners. These rules are intended to realize an open ecosystem while respecting the user’s rights. However, the user’s content is still owned by the user. The user has ownership of the user’s content (content also includes pictures). Other companies, organizations or individuals who are partners of KODAMA, or KODAMA, shall not be liable for any additional content that is transmitted, posted, transferred or provided by the user via this Service without paying the user You can use it.

KODAMA may be modified in order to transmit, display or distribute the user’s content on a computer network or various media and/or to adapt to the requirements, or restrictions of the network, terminal, service or medium. KODAMA can make changes to the user’s content as necessary.

The user shall be responsible for the use of the Service, any content provided, and the consequences thereof, including the use of the user’s content by other users or the third party partner of KODAMA. Users understand that KODAMA’s partners can distribute or publish the user’s content, and if they do not have legitimate rights to use the transmitted content, there is a possibility of being charged. Regarding the use of user’s content by KODAMA, KODAMA is not responsible as long as it is used in accordance with these Terms. You represent and warrant that you have all the rights and authorities necessary for granting the rights granted under this Agreement for any content you send yourself.

6. License for users to use this service

KODAMA grants you free, non-exclusive, personal, worldwide, nontransferable license to use the software provided by KODAMA as part of this service. The sole purpose of this license is to allow users to use the service provided by KODAMA in a manner that follows these Terms and conditions, so that they can benefit from it.

7. The right of KODAMA

All rights, title and interests relating to this service (excluding content provided by the user) are exclusive to KODAMA and its licensors. This service is protected by both the United States and foreign countries’ copyright law, trademark law and other laws. None of this Terms of Use gives you the right to use the name of KODAMA or any other elements characteristic of KODAMA trademarks, logos, domain names and brands.

Any feedback, opinions or proposals that you provide about KODAMA or this service are entirely voluntary and KODAMA shall be free to use such feedback, opinions or proposals in a way that KODAMA considers KODAMA to be appropriate without any obligation to the user.

8. Restrictions on Content and Use of the Services

KODAMA reserves the right to remove or distribute content on the Service at any time without giving any responsibility to the user, suspend or delete the user’s use, request the return of the user name (Although this is not an obligation).

In addition,

(i) Respond to all applicable laws and regulations, legal proceedings and governmental requests, (ii) Implement this Agreement (including the investigation if there is a doubt of violation of the regulations), (iii) Detect, prevent or deal with unauthorized use, security or technical problems, (Iv) Respond to support requests from users, or (v)Reserve the right to access, view, preserve, and disclose all information reasonably judged necessary by KODAMA in order to protect the rights, property or safety of KODAMA and its users and society as a whole To do.

KODAMA will not disclose personal identifying information to third parties unless it is subject to KODAMA’s privacy policy.

The user shall not do any of the following while accessing or using this service. (i) To access or to tamper with or use private parts of this service, KODAMA computer system or KODAMA provider’s technical delivery system. (ii) To investigate, scan, test vulnerabilities in any system or network, or to violate or circumvent any security or authentication means. (iii) access to the Service via any other means (automated or otherwise) without going through the currently available public interfaces of KODAMA provided by KODAMA (and subject to applicable Terms) or Make that search or try access or search. Provided, however, that this shall not apply in cases where it is specifically permitted to do so by a contract signed separately with KODAMA(Note: crawling of this service is allowed under the specification of the robots.txt file, but it is explicitly forbidden to scrape the service without prior consent of KODAMA). (iv) to forge some of the TCP / IP packet header or header information contained in any mail or post, or to use this service for the purpose of sending falsified information, fraudulent information or information disguised as an information source irrespective of the method.

(v) To intercept or interrupt (or attempt to do so) access of any user, host or network, by a method of, including, but not limited to, sending viruses to this service, overloading, flooding, spamming, bulk transmission of e-mails, or scripting creation of content to interfere with the service or excessive burden on the service.

9. Copyright Policy

KODAMA respects the intellectual property rights of others and expects to respect the users of this service as well. KODAMA responds to notices of alleged infringement of copyrights in accordance with applicable laws and regulations and when notified to KODAMA in an appropriate manner. If it is judged that your content was copied in a way that infringes copyright, please provide the following information to KODAMA. (i) Physical signature or electronic signature of the person who officially represents the copyright owner or copyright owner. (ii) Information identifying the work that alleges infringement. (iii) information identifying the object that should be deleted or inaccessible, alleging that it is the subject of infringing acts causing copyright infringement, and information reasonably sufficient for KODAMA to locate the object Information. (iv) Your contact information including address, phone number and email address. (v) Statement that the usage of the subject in question is sincerely determined by the copyright owner, its agent, or the law that it is not permitted by law. (vi) Representation that you are authorized to represent the copyright owner, with the understanding that the content of the notice is accurate and that a false statement will be charged with perjury.

KODAMA reserves the right to remove content suspected of infringement by KODAMA ‘s own judgment without prior notice and without taking any responsibility to the user. Also, when judging that any user is repeatedly infringing, KODAMA deletes the user’s account under appropriate circumstances. Based on the US Digital Millennium Copyright Law, the window for receiving notice of alleged infringement of copyright on this service is as follows.

Kodama & Company, Inc.
Atten: Copyright Agent 230 California Street, Suite 415
San Francisco, CA 94111 U.S.A
Form: https://www.kodama.com/forms/dmca
E-mail address: copyright2016@kodama.com

10. Termination of these Terms

As stated below, these Terms will continue to be applied unless either user or KODAMA is canceled. The user can terminate the legal contract with KODAMA at any time for any reason or without reason, by deleting the account and canceling the use of this service. When you stop using this service, you do not need to give special notice to KODAMA. If you cancel using this service without deleting the account, the user’s account may be deleted on the grounds that there is no trace of operation for a long time based on the judgment of KODAMA.

KODAMA may suspend or delete the user’s account at any time for any reason or without reason or terminate the provision of all or part of the Service at any time in the following cases: (i) User violates these Terms or other rules of KODAMA (ii) Create a possibility that the user may impose risk or legal liability on KODAMA or (iii) If KODAMA rationally decides that provision of this service to users by KODAMA became commercially difficult (but not limited to these) KODAMA makes reasonable efforts for notification by sending notifications to the email address associated with the user’s account or notifying the user the next time they access the account.

In any of the above cases, these Terms will be terminated (including but not limited to this) including the license for which the user uses this service. However, items 4, 5, 7, 8, 10, 11, 12 and 13 shall continue to apply.

The provision of this paragraph shall not limit the rights of KODAMA to change, limit or stop the provision of this service without prior notice as stipulated in paragraph 1.

11. Disclaimer and Limitation of Liability

The provision of this paragraph restricts the responsibility of KODAMA and its parent company, its subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors (collectively referred to as “KODAMA related persons”), so please read with caution. The Contents of the following items shall apply only to the maximum extent permitted under applicable laws and regulations. Some jurisdictions do not allow implied warranty responsibilities or limits on contractual obligations, and as a result, the Contents of this section may not apply to you. The Contents of this section are not intended to restrict what the user holds and which is not permitted to be restricted by law.

A. The Services are Available “AS-IS” basis

Please access and use these Service and Contents at your own risk. The user understands and agrees with this service being provided “as is” and “available limit” basis. Without limiting the above Contents, to the maximum extent permitted under the applicable laws and regulations, persons concerned with KODAMA, regardless of whether explicit or implied, disclaim any warranties or conditions regarding merchantability, suitability for specific purpose, and non-existence of infringement.

The KODAMA entities do not make any warranty or representation on any of the following, and denies any responsibility to them; (i) the completeness, accuracy, availability, timeliness, s or security, reliability of the Service or any content, (ii) computer system failure, data loss or other damage resulting from accessing or using the Service or any content, (iii) deletion of content or other information maintained by the Service, or failure to save or transmit, and (iv) that this service meets the conditions required by users, or that it can be used safely and without errors and/or interruption. Any advice or information obtained directly from KODAMA personnel or through this Service, whether oral or written, is not a new warranty or representation not expressly made under these Terms in any case.

B. Link

This service may include links to third party websites or resources. User agrees that The KODAMA entities are not responsible for any of the following; (i) availability or accuracy of third party websites and resources, or (ii) content, goods, or services available from third party websites and resources The existence of links to such websites and resources does not implicitly suggest that the KODAMA entities will support these websites or resources, or the content, goods or services available there. Users are solely responsible for using these websites or resources, and shall assume all risks associated with them.

C. Limited Liability

Persons related to KODAMA shall not be liable to the maximum extent permitted by applicable laws regarding the following matters; (i) the user’s access to or use of the Service, or that the user can not access or use the Service, (ii) acts or contents of third parties on the Service (including, but not limited to, defamatory acts of other users and third parties, insulting acts or illegal acts), (iii) any content acquired from this service, and (iv) any indirect, incidental, special, consequential, punitive or lost profit resulting from either unauthorized access, use or alteration to the content or content that you transmit (whether it occurs directly or indirectly), or loss of data, availability or goodwill or other intangible damage

In any case, the total liability of KODAMA shall not exceed 100 US dollars or the greater of the amount paid by the user to KODAMA during the past six months for the Service causing the claim.

The limitation of liability prescribed in this issue shall apply even when it is found out that the original purpose can not be fulfilled by the remedies prescribed in this Terms of Service, regardless of whether the cause of liability is due to warranty, whether by contract, statutory, by tort (including negligence), by any other cause, or by the KODAMA entities informed about the possibility of damage ocuurrence or not.

12. Cancellation and refund policy

While all amounts paid are non-refundable, certain refund requests for subscriptions may be considered by KODAMA on a case-by-case basis and granted at the sole discretion of KODAMA.

13. General conditions

A. Waiver and Severability

Even if KODAMA does not enforce any rights or provisions of this Terms of Use, it will not be deemed that the rights or provision have been abandoned.

In the event that any provision of these Terms of Use is deemed invalid or unenforceable, the effect of that provision will be limited or missed to the minimum necessary, and the remaining provisions in these Terms of Use will remain in full force and effect shall have.

B. Controlling Law and Law and Jurisdiction

This Agreement and any related legal actions shall be governed by the laws of the State of California, the United States, without regard to or application of its conflict of law provisions or your state or country of residence. Any claims, legal proceedings or litigation relating to the Services shall be brought solely in federal or state courts located in San Francisco County, California, United States, and the user agrees to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses shall not apply to you.

For such U.S. federal government entities, this Terms of Use and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

C. Entire agreement

These Terms, the Kodama Rules and our Privacy Policy are the entire and exclusive agreement between KODAMA and you regarding the Services (excluding any services for which you have a separate agreement with KODAMA that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between KODAMA and you regarding the Services. Other than members of the group of companies of which Kodama & Company, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

KODAMA may revise these Terms as necessary, the most current will always be available on this page. If the revision is material in our sole discretion, we will notify you via e-mail associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Kodama & Company, Inc., 230 California Street, Suite 415, San Francisco, CA 94111, United States.

Effective date: January 27, 2016
Revision date: July 11, 2018