Terms
mond Terms of Use (hereinafter referred to as the "Terms of Use") stipulates the terms and conditions for the use of mond an internet based 'Interactive Community of Intelligence' (hereinafter referred to as the "Service") provided by Howtelevision, Inc. (hereinafter referred to as the "Company") and the rights and obligations between the Users of the Service (whether or not they registered for the Service, hereinafter referred to as the "Users") and the Company. Before using the Service, the Users must read these Terms of Use in its entirety and agree to these Terms of Use.
Part 1 General Provisions
Article 1 (Purpose and Application of these Terms of Use)
- These Terms of Use are intended to set forth the terms and conditions for the use of the Service and the rights and obligations between the Users and the Company and shall apply to all relationships relating between the Users and the Company with regard to the use of the Service.
- In the event that there is a discrepancy between the contents of these Terms of Use and the rules concerning the use of the Service, regulations, and other explanation of the Service (other than these Terms of Use) that the Company posted, from time to time, on the website for the Service (https://mond.how/; hereinafter referred to as the "Site"), the provisions of these Terms of Use shall prevail.
- The rules, regulations, and other provisions concerning the use of the Service, which are posted by the Company on the Site from time to time, shall form a part of these Terms of Use, and any references to 'these Terms of Use' in these Terms of Use shall include such rules and regulations unless otherwise indicated.
Part 2 The Service
Article 2 (Regarding the Service)
- The Service provides the Users with an internet-based platform that enables them to ask questions to and obtain the answers thereto from other Users who have completed the user registration in the manners prescribed by the Company (hereinafter referred to as the "Registered User") and to view interactions between other Users.
- The Registered Users may ask questions and answer the questions of other Registered Users in the manner prescribed by the Company. It is not guaranteed that Registered Users' questions will be posted on the Service, and if the Company determines that such questions violate these Terms of Use or the standards separately stipulated by the Company, or are inappropriate, such questions may not be posted on the Service. In addition, the Registered Users may not inquire or raise an objection to the Company regarding the criteria for posting such question or not on the Service.
- The Users may ask questions to other Registered Users in the manner prescribed by the Company and view interactions regarding questions and answers between the Users.
Article 3 (Service Fee)
Unless otherwise provided in these Terms of Use, the Users may use the Service free of charge, provided, however, that the Users shall bear the communication charges required for the use of the Service.
Article 4 (Period of Service)
The Service may be terminated for any reason. In the event the Company terminates the provision of the Service unless there is an unavoidable reason, the Company shall notify and publicize to that effect on the Site at least one (1) month before the termination of the Service.
Part 3 Registration
Article 5 (Registration Requirements)
The requirements for the registration of new registration of a user with the Service shall be as set forth in the following items:
- The applicant must be eighteen (18) years of age or older at the time of application for registration for the Service as stipulated in the following article or have obtained the consent of a legal representative for the application for the Service' registration.
- The applicant has a valid X (formerly "Twitter") account.
- The applicant is not or has never been in an anti-social force, and has never used an anti-social force.
Article 6 (Registration Procedures)
- The applicant for the Service agrees to comply with these Terms of Use and applies for registration for the Service by way of social login authentication using his/her own X (formerly "Twitter") account.
- Upon completion of social login authentication using the X (formerly "Twitter") account, the registration for the Service is completed. The applicant may not inquire or object to the Company regarding the results of its social login authentication using X (formerly "Twitter") accounts.
- In addition to the preceding two (2) paragraphs, if the applicant does not have an X (formerly "Twitter") account and is specifically authorized by the Company, such applicant may be able to register in a manner separately communicated by the Company, provided that the applicant agrees to comply with these Terms of Use.
Article 7 (Change of Registration Information)
In the event of any change in the registration information, the Registered Users shall change accordingly such information without delay from My Page, account setting etc. on the Site.
Article 8 (Deletion of Registration)
The Registered Users may, at any time, delete their registration in accordance with the procedures separately provided by the Company. Unless there are special circumstances, the procedures for deletion of registration will be completed within 1 (one) week from the notification provided by the Registered Users.
Part 4 Super-Letter
Article 9 (What is Super-Letter?)
The Company provides a feature that allows the Registered Users to send questions to other designated Registered Users (limited to the Registered Users who have created a payment account as defined in Article 11, Paragraph 1) by offering a reward (including the amount equivalent to consumption tax and local consumption tax, and hereinafter referred to as the "Reward") specified by the Registered Users, within the amount set by the Company (hundred (100) yen, two hundred (200) yen, two thousand (2000) yen, five thousand (5000) yen, ten thousand (10,000) yen, twenty thousand (20,000) yen, and fifty thousand (50,000) yen). In addition, in the event the designated Registered Users accept the offer and respond to the question, such Registered Users are able to receive the offered reward (the questions sent using this feature are hereinafter referred to as the " Super-Letter" ).
Article 10 (Super-Letter's Questions)
- The Registered Users using the Super-Letter as a questionnaire (hereinafter referred to as the "SL-Provider") may send a question to other Registered Users (hereinafter referred to as the "SL-Receiver") from the SL-Receiver's profile page by setting the amount of the Reward in the manner prescribed by the Company and providing credit limit by providing credit card information with respect to the settlement for such Super-Letter. Payment related to the Super-Letter will not be processed unless the SL-Receiver responds to the Super-Letter.
- The delivery of the Super-Letter may not be revoked for any reason. Please be careful when sending questions using the Super-Letter.
- After the Company confirms the provision of the credit limit as stipulated in Paragraph 1 of this Article, the Super-Letter will be sent from the SL- Provider to the SL-Receiver. The SL-Receiver will be notified of the receipt of the Super-Letter through notifications on the Service, email, or other means.
Article 11 (Response to the Super-Letter)
- In the event the Registered Users wish to receive a Super-Letter, such Registered Users shall, in advance, open an account or bank account (hereinafter referred to as the "Payment Account") on the payment service provided by a third party designated by the Company (hereinafter referred to as the "Payment Service") for receiving a reward from other Registered User including the Reward, gifts, or others rewards; and shall express their intention to receive the Super-Letter to the Company in the manner prescribed by the Company. The Payment Account shall be created at the sole responsibility of the person who created the Payment Account in accordance with the Terms of Use, procedures, or the like (including the identity confirmation procedures) specified by the provider of the Payment Service.
- The SL-Receiver agrees in advance that, to the extent necessary for the Company to provide the Super Letter service, process payments, and carry out other related tasks (including, but not limited to, communications and coordination aimed at resolving disputes between the SL-Provider and the SL-Receiver), the Company and the Payment Service's provider may mutually disclose information related to the SL-Receiver's response to the Super-Letter, personal identification information such as name, address, and contact details, and payment information.
- The SL-Receiver is not obliged to answer the Super-Letter and may, at its discretion, decide whether to answer the Super-Letter or not. In the event that the SL-Receiver decides to answer to the Super-Letter, the SL-Receiver shall warrant that SL-Receiver will respond to the Super-Letter in good faith based on its own knowledge and will not infringe upon the rights of any third parties (including, but not limited to, intellectual property rights) and that the contents of the response will not be contrary to laws and regulations (including, but not limited to, the Japanese Attorneys Act, the Japanese Medical Practitioner's Law, and other related laws and regulations).
- If the SL-Receiver responds to the Super-Letter, the answers and the questions will be posted on the Service, and the Service will send an e-mail to the SL-Provider indicating that the response has been made to the Super-Letter. Such answers and questions may also be accessed by the Users other than SL-Provider.
Article 12 (Establishment of the Super-Letter Contract)
- The SL-Receiver's submission of a reply to the Super-Letter shall constitute acceptance of such Super-Letter's request for replying to questions with an offer for the Reward submitted by the SL-Provider, and a service contract with regards to the Reward-based response (hereinafter referred to as the "Super-Letter Contract") shall be concluded between the SL-Receiver and the SL-Provider, and the payment process from the SL-Provider to the SL-Receiver related to the Super-Letter Contract will be completed. However, if within seven (7) days (one hundred and sixty-eight (168) hours) from the time the SL-Receiver responds to the Super-Letter, the SL-Provider files a request to cancel the Super-Letter Contract on the grounds that the response does not constitute an answer to the question, does not constitute effective communication, is not based on the SL-Receiver's knowledge, is insincere, infringes on the rights of third parties, or violates laws and regulations, and if the Company determines that there are reasonable grounds for such a request, the payment process related to the Super-Letter Contract may be cancelled.
- If the SL-Receiver does not respond to the Super-Letter within seven (7) days (one hundred and sixty-eight (168) hours) from the date of receipt of such Super-Letter, it shall be deemed that the SL-Receiver has refused to respond to such Super-Letter and the Super-Letter Contract will not be established. In this event, the provision of credit limits for the Super-Letter by the SL sender will be cancelled.
- If the Super-Letter Contract is not executed, the question pertaining to such Super-Letter Contract will be treated as a regular question (without any offering of the Reward).
- The Super-Letter Contract shall be directly entered into by the SL-Provider and the SL-Receiver, and the Company shall not be a party to such Contract. The Company will only provide the platform and associated services to answer and/or settle such questions/answers and shall not be liable for the conclusion or performance of any Super-Letter Contract (including, but not limited to, the accuracy, purposefulness, quantity, and legality of the answers).
- With respect to disputes between the SL-Provider and the SL-Receiver concerning the Super-Letter Contract, the Company will endeavor to resolve these disputes in good faith as a provider of the platform, but will not be liable for such disputes whatsoever.
Part 5 Super-Gift
Article 13 (What is Super-Gift?)
The Company will provide features that allow Registered Users to send gifts to other Registered Users (limited to the Registered Users who have created the Payment Account) as an appreciation and praise for answering other Registered Users' questions, such gift shall in the amount determined by Company (one hundred(100) yen, two hundred (200) yen, five hundred (500) yen, one thousand (1,000) yen, two thousand (2,000) yen, five thousand (5,000) yen, and ten thousand (10,000) yen); this feature will allow the Registered Users to send to other Registered Users who have response to a question, a monetary gift (hereinafter referred to as the "Super-Gift").
Article 14 (Sending Super-Gift)
- The Registered Users who wish to send a Super Gift (hereinafter referred to as the "SG-Provider") may send the Super Gift to the Registered Users who have provided the response (hereinafter referred to as the "SG-Receiver") by selecting the amount to be gifted in the manner prescribed by the Company, entering their credit card information, and completing the payment process for the Super Gift, from the screen displaying the response that the SG-Provider wishes to send the Super Gift (hereinafter referred to as the "SG-Response").
- The sending of the Super-Gift may not be withdrawn for any reason after completion of the payment. Please be careful when sending the Super-Gift.
- The SG-Receiver is notified that the SG-Receiver receives the Super-Gift by notice or e-mail on the Service.
Article 15 (Receipt of the Super-Gift)
- In the event the Registered Users wish to receive a Super-Gift, such Registered Users shall prepare the Payment Account in advance, and shall express its intention to receive the Super-Gift to the Company in the manner prescribed by the Company. The Payment Account shall be created at the sole responsibility of the person who created the Payment Account in accordance with the Terms of Use, procedures, or the like. (including the identity confirmation procedures) specified by the provider of the Payment Service.
- If Registered Users wish to receive the Super Gift in accordance with the provision of the preceding paragraph and have set their account to receive a Super Gift, such Registered Users are deemed to have made a general and comprehensive expression of their intention to receive the Super Gift to the Company and other Registered Users, and such Registered Users may not refuse to accept individual Super Gift separately sent by the SG-Provider.
- When a Super-Gift is sent for the SG-Response, the SG-Receiver will be notified of the receipt of the Super-Gift through the Service or by email, and the SG-Receiver will be deemed to have received the Super Gift.
- The SG-Receiver agrees in advance that, to the extent necessary for the Company to provide the Super-Gift service, process payments, and carry out other related tasks (including, but not limited to, communications and coordination aimed at resolving disputes between the SG-Provider and the SG-Receiver), the Company and the provider of the Payment Service may mutually disclose information related to the SG-Receiver's receipt of the Super Gift, personal identification information such as name, address, and contact details, and payment information.
Article 16 (Establishment of the Super-Gift Contract)
- A gift contract shall be concluded between the SG-Receiver and the SG-Provider (hereinafter referred to as the "Super-Gift Contract") with respect to the amount of the Super-Gift sent by the SG-Provider to the SG-Receiver upon sending of the Super-Gift and receipt of such Super-Gift by the SG-Receiver, and the performance thereof shall be completed at the same time.
- The Super-Gift Contract may not be cancelled or terminated for any reason.
- The Super-Gift Contract shall be directly entered into by the SG-Receiver and the SG-Provider, and the Company shall not be a party to such contract. The Company shall only provide the platform and associated services that express gratitude, and praise for the responses and process payments related to the monetary gifts and shall not be liable for the conclusion or performance of any Super-Gift Contract (including, but not limited to, purposefulness, quantity, and legality).
- With respect to disputes concerning the Super-Gift Contract between the SG-Receiver and the SG-Provider, the Company will endeavor to resolve such dispute in good faith as the provider of the platform but will have no legal liability whatsoever.
Part 6 Membership
Article 17 (What is a Membership?)
The Company provides a feature (hereinafter referred to as "Membership") that allows the Registered Users to restrict access to all or a part of their posted responses, such that the portions specified by the Registered Users (hereinafter referred to as "Restricted Content") are limited in visibility, and the Registered Users may offer these responses, including the Restricted Content, as paid subscription-based content to other Registered Users.
Article 18 (Establishment of the Membership)
- In the event Registered Users wish to establish the Membership, such Registered Users shall prepare the Payment Account in advance and shall express their intention to establish a Membership in the manner prescribed by the Company. In addition, the Payment Account shall be created at the sole responsibility of the person who creates the Payment Account in accordance with the Terms of Use, procedures, or others (including the identity confirmation procedures) specified by the provider of the Payment Service.
- In the event that the Registered Users wish to establish the Membership in accordance with the provision of the preceding paragraph and the Company approves such establishment as meeting the requirements for the establishment of the Membership separately set forth by the Company, such Registered Users (hereinafter referred to as the "MS-Organizer") may create a plan related to the Membership in accordance with the Company's guidelines. The overview of the plan related to the Membership that can be created is as follows.
- Number of plans: From one (1) to three (3) plans.
- Plan Pricing:
- Configurable price range: one hundred (100) yen to three hundred and thirty thousand (330,000) yen per month (including the amount equivalent to consumption tax and local consumption tax, hereinafter referred to as the "MS-Fee")
- The MS-Fee may not be changed once it is specified.
- After establishing the Membership, the MS-Organizer may designate its responses as 'Member-Only Access' (hereinafter referred to as "Member-Only Access") allowing the Restricted Content to be accessible only to the Registered Users who have subscribed to the Membership. However, for responses to the Super-Letter received by the MS-Organizer as the SL-Receiver, the entire response, including Restricted Content, will be disclosed to the SL-Provider of the relevant Super-Letter, regardless of whether such SL-Provider is subscribed to the MS-Organizer's Membership.
- The MS-Organizer agrees in advance that, to the extent necessary for the Company to provide the Membership service, process payments, and carry out other related tasks (including, but not limited to, communications and coordination aimed at resolving disputes between the purchasers of the Membership and the MS-Organizer), the Company and the provider of the Payment Service may mutually disclose information related to the establishment and the usage of the Membership by the MS-Organizer', personal identification information such as name, address, and contact details, and payment information.
Article 19 (Admission to Membership)
If the Registered Users wish to join a Membership, such Registered Users may join the plan related to the Membership that they have selected and view the responses that are restricted as Member Only Access within that plan after such Registered Users select the plan related to the Membership it desires in the manner prescribed by the Company and completes the payment for the MS-Fee
Article 20 (Establishment, Term, and Automatic Renewal of the Membership Contract)
- When a user wishes to join a Membership and completes the enrollment process for the Membership in accordance with the provisions of the previous article, a contract (hereinafter referred to as the "MS Contract") is established between the Users (hereinafter referred to as the "MS-Member") and the MS-Organizer of such Membership. Under the MS Contract, the MS-Member can access to the responses restricted to Member Only Access within the plan related to such Membership.
- The term of the MS Contract shall be 1 (one) month from the date of establishment of the MS Contract.
- Notwithstanding the provisions of the preceding paragraph, if the MS-Member does not complete the Company's prescribed application for withdrawal from the Membership by the time of payment completion for the plan related to the Membership on the expiration date of the current term, the MS Contract will be automatically renewed for 1 (one) month in the same conditions of the said contract at the expiration of the current term of such MS-Contract, and the same shall apply thereafter.
- In the event that the MS Contract is automatically renewed pursuant to the preceding paragraph, the subscriber to the MS Contract shall be obliged to pay the MS-Fee for the plan related to the Membership for such renewal period and payment shall be automatically settled on the first day of the renewal period in the manner prescribed by the Company.
- The MS Contract shall be directly entered into by the MS-Organizer and the MS-Member, and the Company shall not be a party to such contract. The Company will only provide the platform and associated services for providing features on such Membership and processing the payments for Membership and shall not be liable for the conclusion or performance of any MS Contract (including, but not limited to, the accuracy, purposefulness, quantity, and legality of responses).
- With respect to disputes over the MS Contract between the MS-Organizer and the MS-Member, the Company will endeavor to resolve these disputes in good faith as the provider of the platform but will have no legal liability whatsoever.
Article 21 (Withdrawal from the Plan Related to the Membership)
- The MS-Member may, at any time, apply for withdrawal from the plan related to the Membership to which the MS-Member has subscribed, in the manner prescribed by the Company.
- Upon the withdrawal application as provided for in the provision of the previous paragraph, the MS Contract between the MS-Member and the MS-Organizer pertaining to the withdrawal application will terminate at the end of the current term of the MS Contract. However, even after submitting the withdrawal application, the MS-Member may continue to view the responses restricted to Member Only Access within the plan related to the Membership until the end of the current term of the MS Contract.
- Regardless of the application period as prescribed in Article 21, Paragraph 1, the MS-Fee for the plan for the Membership already paid will not be refunded.
Part 7 Payment Collection Agency in relation to the Super-Letter, the Super-Gift, and the Membership
Article 22 (Payment Collection Agency and Extinguishment of the Sender's Debt)
The SL-Receiver, the SG-Receiver, and the MS-Organizer shall grant the Company the authority to receive, on behalf of the SL-Receiver, the SG-Receiver, and the MS-Organizer, the Reward paid by the SL-Provider, the monetary gift paid by the SG-Provider, and the MS-Fee paid by the MS-Member. The payment of the Reward, monetary gift, and the MS-Fee to the Company or a third party designated by the Company will extinguish the payment obligations of the SL-Provider, SG-Provider, and MS-Member to the SL-Receiver, the SG-Receiver, and the MS-Organizer, respectively.
Article 23 (Fees)
- The SL-Receiver, the SG-Receiver, and the MS-Organizer shall pay the Company a receipt fee amounting to ten percent (10%) of the Reward, gift, and the MS-Fee received (hereinafter collectively referred to as the "Receipt Fee," including consumption tax and local consumption tax). This Receipt Fee covers the fee for receipt of the Reward related to the Super Letter, the monetary gift related to the Super Gift, and the MS fee related to the plan for the Membership. Additionally, the SL-Receiver, the SG-Provider, and the MS-Organizer shall pay the Company a disbursement fee of six hundred (600) yen per disbursement (hereinafter referred to as the "Disbursement Fee," including consumption tax and local consumption tax).to the bank account designated by the SL-Receiver, the SG-Receiver, and the MS-Organizer from the Payment Account.
- The Company may collect the Receipt Fee and the Disbursement Fee prescribed in the provision of the preceding paragraph by deducting such Receipt Fee and Disbursement Fee from the Reward paid by the SL-Provider, the gift paid by the SG-Provider, and the MS-Fee paid by the MS-Member. The SL-Receiver, the SG-Receiver, and the MS-Organizer hereby agree to this deduction in advance.
- Fees received and payable by the SL-Receiver, the SG-Receiver, and the MS-Organizer to the Company pursuant to this article shall not be refunded for any reason.
Article 24 (The Reward, Gifts, and Payment of the MS-Fee, etc.)
- The Company will pay the amount received on behalf of the SL-Receiver, the SG-Receiver, and the MS-Organizer for the current month, after deducting the Receipt Fee and the Disbursement Fee, by transferring it to the respective Payment Account of the SL-Receiver, the SG-Receiver, and the MS-Organizer by the end of the month following month when the Company receives such amount. The amount transferred to the Payment Account will be immediately disbursed to the financial institution account designated by the SL-Receiver, SG-Receiver, and MS-Organizer. The timing of these payments or disbursements cannot be changed.
- Notwithstanding the provision of the preceding paragraph, if the total amount of the Reward, monetary gift, and the MS-Fee received by the SL-Receiver, the SG-Receiver, and the MS-Organizer for the current month is less than ten thousand (10,000) yen, the Company will send an Amazon gift card equivalent to the amount received, after deducting the Receipt Fee, to the email address designated by the SL-Receiver, the SG-Receiver, and the MS-Organizer by the end of the month following month when the Company receives such amount. Upon sending the Amazon gift card, the Company's payment obligations for the Reward, gift, and the MS fee received on behalf of the SL-Receiver, the SG-Receiver, and the MS-Organizer will be extinguished, and the SL-Receiver, the SG-Receiver, and the MS-Organizer agree thereto in advance.
Article 25 (Waiver of the Reward, Gift, and the MS-Fee)
- If the payment of the Reward, monetary gift, and the MS-Fee received by the Company on behalf of the SL-Receiver, the SG-Receiver, and the MS-Organizer (including payments via Amazon gift cards) cannot be successfully completed for any reason, such as the SL-Receiver, the SG-Receiver, and the MS-Organizer withdrawing from the Service, terminating their Payment Account, or their designated email address becoming invalid, the Company may deem that such SL-Receiver, SG-Receiver, and MS-Organizer have waived their rights to claim the payment of the Reward, monetary gift, and the MS-Fee. However, this does not apply to a case where the failure to complete the payment is due to reasons attributable to the Company.
- In the case of the preceding paragraph, the Company's obligations to pay the Reward, monetary gift, and the MS-Fee which the Company has received on behalf of such SL-Receiver, SG-Receiver, and MS-Organizer shall be extinguished upon the expiration of the due date of such payment, and the SL-Receiver, the SG-Receiver, and the MS-Organizer shall agree thereto in advance. In such a case, such Reward, monetary gift, and MS-Fee shall not be returned to the SL-Receiver, the SG-Receiver, and the MS-Organizer, but shall belong to the Company.
Part 8 Users' Obligations, Responsibilities, etc.
Article 26 (Compliance with the Terms of Use)
The Users shall use the Service in compliance with these Terms of Use.
Article 27 (Authenticity and Accuracy of Registration Information)
- The Registered Users shall enter true and accurate information for registration and shall change such information without delay in the event of any changes.
- The Registered Users represent and warrant that the registration information is true and accurate.
Article 28 (Management of the Registered Information)
- The Registered Users shall, at their own responsibility, properly manage and store the registered information, and shall not allow any third party (including other Users; the same shall apply hereinafter) to use the registered information, or lease, transfer, sell or buy the same.
- The Registered Users shall be responsible for any damage caused by inadequate management, misuse, and use by a third party of the registered information.
Article 29 (Prohibitions)
In using the Service, the Users shall not engage in any act that falls under any of the following items or acts that the Company determines to fall under any of the following items. In the event the Users fall under any one of the following or the User engage in actions that the Company deems to fall under any one of the following, regardless of whether the Users are willfully or negligently involved, the Company shall be entitled to take necessary measures such as (a) changing or deleting any or a part of the information transmitted or otherwise provided by the Users in connection with the Service, including, but not limited to, the registered information and questions and answers, (b) suspending the use of the Service by the Users in whole or in part, (c) deleting the registration of the Users, and (d) refusing the re-registration of the Users.
- acts that may interfere with the provision of the Service by the Company;
- acts that interfere with or threaten to interfere with the use or operation of the Service by the Company or other Users;
- acts for the purpose of profit-making, such as advertising, solicitation, and others;
- acts of inducing to websites which are irrelevant to questions or responses;
- act of transmitting, describing, or reprinting sentences or others that cases or are likely to cause disgust to others;
- acts of using the Service by pretending to be another person;
- acts that infringe or are likely to infringe the copyrights, portrait rights, trademark rights, patent rights, or other rights of others;
- acts that infringe or are likely to infringe upon the property, privacy of others;
- acts that discriminate against or slander others, or defame others or impair the credibility of others;
- act of transmitting and describing information, images, letters, and sentences that adversely affect children and adolescents, such as obscene and abusive behavior;
- act of transmitting or posting harmful computer programs such as viruses;
- act of inducing or inciting any criminal acts;
- acts of violating laws and regulations (including, but not limited to, the Japanese Attorney's Act, the Japanese Medical Practitioners Law, and other related laws and regulations) or violating customs, in addition to those stipulated in the preceding items;
- act that violates public policy or disadvantages others such as prostitution, violence, or cruelty;
- acts that encourage the access to content that falls or is likely to fall under any of the prohibited acts set forth in the preceding items;
- act of using any and all content provided in the Service beyond the scope permitted by these Terms of Use or within the scope set forth in Article 22 (Intellectual Property), such as reproduction, public transmission, transmission, assignment, rental, transformation, translation, etc;
- act of modifying or falsifying the Site or the content provided in the Service, or reverse engineering such as decompiling or disassembling (mainly by analyzing the content and converting it into a human-readable form) the same;
- act of removing or modifying the copyright and other rights notices attached to content provided in the Service;
- act of registering for the Service and using the Service in a manner inconsistent with the procedures set forth by the Company; and
- any other acts that are deemed inappropriate by the Company.
Article 30 (Confidentiality)
The Users shall maintain strict confidentiality regarding any non-public information of the Company that the Users have been provided with or have come to know in connection with the Service. The Users shall neither use such information for any purpose other than for using the Service or any other purpose approved by the Company nor disclose or leak such information to any third party.
Article 31 (Assignment of Status)
The Users may not assign, transfer, encumber, or otherwise dispose of any rights or obligations under these Terms of Use to any third party without the prior written or electromagnetic consent of the Company.
Article 32 (Handling of Dispute and Responsibility for Dispute Resolution)
In the event that the Users receive an objection or complaint from a third party, cause damage to a third party, or cause a dispute with a third party in connection with the information that the Users enter, send, or provide in relation to the Service, the Users shall handle and resolve such dispute at the Users' responsibility and expense.
Article 33 (Damages)
- If the Users breach these Terms of Use or cause damage to the Company or a third party due to reasons attributable thereto, the Users shall compensate for such damage.
- If, due to reasons attributable to the Users, the Company is claimed for damages by a third party and the Company incurs damages as a result of such claim, the Users shall indemnify and hold the Company harmless from those damages.
Article 34 (Intellectual Property)
- All intellectual property rights, including copyrights, and all other rights related to the Service shall belong to the Company or a duly authorized third party. The licensing of the Service to the Users pursuant to these Terms of Use does not mean any transfer of rights to the Users.
- Notwithstanding the provision of the preceding paragraph, all copyrights and other rights related to questions and/or responses entered, transmitted, and provided by the Registered Users on the Service shall belong to the Registered Users.
- The Registered Users will grant to the Company and other Users, free of charge, a worldwide, non-exclusive license (including the right to grant sublicenses with respect to the Company) to use, copy, reproduce, process, translate, publish, transmit, display and distribute questions and answers on any media or using distribution methods by entering, sending, or providing questions, and answers on the Service. The Registered Users may not revoke the license granted to the Company for any questions entered, sent, or provided by the Registered Users for any reason whatsoever, including the deletion of the registration of the relevant Registered Users. However, in the event that the Users use the Registered Users' questions and/or answers, such Users shall give due consideration not to infringe the moral rights of the author of the Registered Users concerned, such as clearly indicating the source of the citation, and in the event that the Registered Users, who are the copyright holder, objects to the use of such questions and/or answers, the Users shall take necessary measures in good faith such as discontinuing to use, deleting, and correcting the method of use.
- The Registered Users shall represent and warrant that it has all rights, licenses, and consents required for granting the license set forth in the preceding paragraph with regard to questions and/or answers entered, sent, or provided on the Service.
Part 9 Miscellaneous
Article 35 (Change of Content, Suspension of Provision, etc.)
The Company may change the content of the Service or discontinue, suspend, or terminate the provision of the Service without prior notice to the Users and the Users' consent. In such a case, the Company shall amend these Terms of Use in accordance with the procedures for amendment to these Terms of Use set forth in Article 40 hereof.
Article 36 (Suspension of Use, Deletion of Information, Deletion of the Registration of the Users)
- The Company may, without prior notice or demand, (a) suspend the use of the Service in whole or in part by the Users; (b) change or delete all or a part of the information the Users send or provide in relation to the Service, including, but not limited to, the registered information and questions and answers; or (c) cancel the registration of the Users, if the Users fall under any of the following items or is determined by the Company to be applicable:
- a case where the Users breach any of the provisions of these Terms of Use
- a case where the Company determines that the Users are inappropriate to be registered as the Users or the continuous use of the Service by the Users is inappropriate, in addition to what is provided for in the preceding item.
- The Company shall not be liable for any damages incurred by the Users as a result of the acts taken by the Company pursuant to the provision of the preceding paragraph.
Article 37 (Notice)
- The Company shall notify the Users of the Service by any of the following methods:
- Notification by a message on the Service
- In addition to what is provided for in the preceding item, posting on the Service, pop-up posting, or any other manner deemed appropriate by the Company.
- Notices, which will be sent to the Users in the manner listed in each item of the preceding paragraph, shall be deemed to have arrived at the time when such notices are issued by the Company.
Article 38 (Disclaimer and Indemnity of Warranties)
- The Company makes no warranty that (a) the Service conform to any specific purpose set by the Users, have the expected functionality, merchandise value, accuracy, and usefulness; and (b) the Service will not be subject to malfunction or cyber-attacks such as unauthorized access or hacking, and will not contain any computer virus.
- The Company does not guarantee that (a) the Users' use of the Service will comply with laws and regulations, or internal rules of trade associations applicable to the Users; (b) the Users' identity, background credibility, and others.; and (c) the information entered, transmitted, or otherwise provided by the Users in relation to the Service will conform to the specific objectives of other Users and has the expected functionality, merchantable value, accuracy, usefulness or others.
- The Company shall not be liable for (a) discontinuation, suspension, termination, unavailability or modification of the Service by the Company; (b) deletion or loss of mail or information sent by the Users to the Company; (c) deletion of the registration of the Users; (d) loss of data entered, transmitted, or otherwise provided by the Users in relation to the Service; or (e) failure or damage to the Users' equipment due to the use of the Service; and (f) any other damage incurred by the Users in relation to the Service. In the event that the Company assumes any liability for any reason, however, the Company shall only be liable for direct damages incurred by the Users and shall not be liable for any incidental, indirect, or special damages (whether or not the Company or the Users foresee such special damages), future damages, or damages for lost profits.
- The Company shall not be liable for any damages incurred by the Users or any third party in connection with any information transmitted or provided by the Users and dispute arise, in connection with the Service.
Article 39 (Handling of Information Concerning the Users)
In providing the Service, the Company shall treat the personal information and other information on the Users (hereinafter referred to as the "User Information") obtained from the Users as set forth in the following paragraph in accordance with mond Privacy Policy (hereinafter referred to as the "Privacy Policy"), in addition to the provisions set forth in these Terms of Use, and the Users shall agree that the Company shall handle the User Information in accordance with these Terms of Use and the Privacy Policy.
- The Company shall use the following information obtained from the Users for the purpose of providing the Service (authentication of the Users, contact the Users and respond to the inquiries from the Users, improvement of the Service, and others alike.), marketing research, statistics, and analysis.
- E-mail address
- Password
- User ID
- Display name
- Profile
- Icon and header images
- SNS Account name
- The Company may disclose statistical information that has been processed in such a way that individuals cannot be identified to the Company's subcontractor in relation to the Service for the purpose of analyzing the status of the use of the Service and to improve the quality of the Service.
- The Company uses Google's Google Analytics to ascertain the status of use of the Service and improve the quality of the Service. Google Analytics function sends numeric data to Google. The information sent is statistically processed by Google using statistical analysis and then sent to the Company. Information sent to Google and information sent from Google to the Company do not include personally identifiable information.
- The information sent to Google is managed by Google based on its privacy policy. In addition, by disabling Google Analytics on the Google Analytics opt-out page, the Users are able to stop transmitting data using Google Analytics on the Site.
Google Privacy Policy: https://policies.google.com/privacy?hl=en&gl=jp
Google Analytics opt-out page: https://tools.google.com/dlpage/gaoptout?hl=en
Article 40 (Amendment to these Terms of Use)
The Company may amend these Terms of Use at any time in accordance with the provisions of the Japanese Civil Code. In such a case, the Service will be provided in accordance with the amended Terms of Use. In addition, the Company shall notify the Users of the amended Terms of Use and the time that the amended Terms of Use will become effective in a reasonable manner such as by notifying the Users or posting it on the Site. The amended Terms of Use shall become effective at the arrival of time when the revision of these Terms of Use becomes effective.
Article 41 (Assignment of the Service, etc.)
In the event, that the Company assigns the business related to the Service to another company, the Company may, along with such business transfer, assign to the assignee of the business transfer the rights and obligations hereunder, the registered information, and all information related to the Service, such as, questions, and answers, and all other information entered, transmitted, and provided by the Users in relation to the Service, and the Users shall have agreed to such assignment in advance. The business transfer set forth in this paragraph shall include not only the ordinary business transfer but also the company split and any other cases in which the business is transferred.
Article 42 (Severability)
If any provision of these Terms of Use, or any part thereof, is held invalid or unenforceable by law and regulations, the remaining provisions of these Terms of Use and the remaining part of the provisions held invalid or unenforceable shall continue in full force and effect.
Article 43 (Governing Law; Jurisdiction)
The governing law of these Terms of Use shall be the laws of Japan, and all disputes arising out of or in connection with these Terms of Use shall be settled in the Tokyo Summary Court or the Tokyo District Court as the court of exclusive jurisdiction of the first instance.
Supplementary Provisions
These Terms of Use shall be effective as of July 28, 2021, and shall be effective as of the same date.
Revised on September 27, 2022, and enforced on September 27, 2022
Revised on September 19, 2023, and enforced on September 19, 2023
Revised on October 17, 2023, and enforced on October 17, 2023
Revised on December 19, 2023, and enforced on December 19, 2023
Revised on April 1, 2024, and enforced on April 1, 2024