Terms of Use

Thank you very much for using the service “Open Ethnography” (hereinafter, “the Service”) provided by 10mado, LLC (hereinafter, “the Company”).

All users (hereinafter, “the User”) are kindly requested to follow the Terms of Use when using the Service.

Article 1 (User registration)

The User registration will be completed when the Company approves an applicant’s application for registration. The Company may not approve an application for registration if the Company judges it inappropriate; for example, the applicant violated the Terms of Use in the past. The Company will not disclose reasons for rejection.

Article2 (Login)

1. The User uses their email address and password or an account of a third-party service to register and login to the Service. The User is responsible for managing their passwords. Do not share your password with others.
2. The User should manage their email address required for login and passwords for the Service under their responsibility. Do not let others know your password.
3. The User must not assign or lend their passwords to a third party. If a combination of an email address with a password corresponds to the registered data when logging in, the Company will regard it as being used by the User who registered the User name. If you find unauthorized use of your user name, promptly report it to the Company.
4. When the User uses an account of a third-party service to login to the Service, the Company shall not be liable for any disadvantage or damage incurred by the user due to the use of an account of a third-party service.

Article 3 (Provision of the Service)

1. The Company shall provide the Services in accordance with the terms and conditions set forth in the Terms of Use.
2. The details of the Services and conditions for its provision, etc. shall be separately determined by the Company and shall be notified to the User in the form of guidelines, manuals, support site, etc. (collectively, the “Guidelines”). The User shall use the Services in accordance with the Guidelines as well as with the Terms of Use.

Article 4 (Prohibited Matters)

In using the Service, the User shall be prohibited from doing:

1. any act that infringes or may infringe any property, privacy, etc. of the Company or third parties;
2. any act that causes or may cause disadvantage or damage to the Company or third parties;
3. any act that against or may against public order and good morals;
4. any act that constitutes or relates to, or may constitute or relate to, crime;
5. any other act that violates or may violate law, regulation or ordinance;
6. any act to or likely to access the Company’s network, system, etc. without authorization; and
7. any other act that the Company deems to be inappropriate.

Article 5 (Fees and Payment)

1. The User shall pay to the Company the fees that the Company defines and displays on the website in exchange for the use of the Service, by the methods specified by us. The Company will not refund the usage fees for any reason once the Company receives it.
2. If the User fails to pay the fees by the due date, it shall bear late payment fees at an annual rate of fourteen-point six percent (14.6%) for the period from the date immediately following the due date to the date when the fees are fully paid, which shall be payable to the Company.

Article 6 (Protection of personal information)

The Company’s privacy policy describes how the Company handles the Users’ personal information. Prior to use of the Service, you must agree that the Company uses the Users’ personal information in accordance with the privacy policy.

Article 7 (Discontinuation of the Service)

1. The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Service in whole or in part, in the event that:
   1. Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
   2. The Company becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking, or the like;
   3. The Company becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout, and other natural disasters; or
   4. The Company determines that suspension or discontinuance is required for other reasons.
2. The Company shall not be liable for any damage suffered by the User or a third party due to interruption of provision of the Service or restriction of the function hereof in accordance with this Article.

Article 8 (Ownership of Rights)

1. Any and all IP Rights related to the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to the Service owned by the Company or its licensor.
2. The User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data on the Service, and that the Posted Data on the Service so posted or transmitted does not infringe any third party’s rights.
3. The User hereby grants to the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferrable license to use, reproduce, distribute, create derivative works of, display, and execute the Posted Data. In addition, the User hereby grants to the other users a non-exclusive license to use, reproduce, distribute, create derivative works of, display, and execute the Posted Data posted or otherwise transmitted by the User through the Service.
4. The User hereby agrees not to exercise moral rights against the Company or any other person to which the Company has transferred or granted the relevant rights.

Article 9 (Disclaimer of Warranties and Limitation of Liability)

1. The Company pays reasonable attention when providing the Service. However, the Company does not guarantee that there are no factual or legal defects in the Service (including deficiencies relating to safety, reliability, accuracy, integrity, efficacy, compatibility with specific purposes, security; errors; bugs; and infringement of rights).
2. The Company bears no liability for any damages the User incurs through the Service except in cases of intentional or gross negligence. Even if the Company is legally liable, the Company bears no liability for damages arising from special circumstances.
3. When the User uses the Service in connection with an external service, the Company is not responsible for any disadvantages to the User caused by defects in the external service or the convenience of the administration of the external service.
4. The Company is not responsible for any transactions, communications, or disputes between the User and other users or third parties in connection with the Service.

Article 10 (Cancellation of Team Registration etc.)

1. The Company may discontinue of the Service (including deletion of any postings) or terminate the team registration without prior notice to the User if the User violates any of these Terms of Use or when the Company judges the User is not appropriate to use the Service. Also, the User may cancel the team registration by themself in a manner determined by the Company.
2. Even after the User’s registration has been canceled, the user’s contributions will not be deleted if the team to which the user was subscribed continues. The User shall use the Service after agreeing to this point in advance.

Article 11 (Changes in details of the Service or Terms of Use)

1. Due to continuous changes and improvements of the Service, the Company may delete posted data, change details or conditions of use of the Service, or discontinue the provision of the Service without notice to the User. The Company shall bear no liability for damage the User incurs arising from any of the cases above.
2. The Company reserves the right to modify the Terms of Use without requiring individual the User consent in the following cases:
   1. If the modification of the Terms of Use conforms to the general interest of the User.
   2. If the modification of the Terms of Use is not contrary to the purpose of this agreement, and it is reasonable considering the necessity of the modification, reasonableness of the modified content, and other circumstances pertaining to the modification.
3. When modifying the Terms of Use, the Company will notify the User in advance of the modification, the contents of the modified Terms of Service, and the effective date of the modification.

Article 12 (Notice or contact)

The Company gives notice to and contacts the User by methods specified by the Company.

Article 13 (Governing law and jurisdiction)

1. The interpretation of the terms is governed by the laws of Japan.
2. In the event of any disputes arising from the Service, Tokyo District Court or Tokyo Summary Court shall have an agreed exclusive jurisdiction.

Established on September 1, 2024