Woven Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services of 96 Problems KK (the "Company"), including the various websites and applications of the Company, and other covered services that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, do not access or use the Services.
1. Basic Terms
You must be at least 13 years old to use the Services.
You may not post unlawful, infringing, or pornographic photos or other Content via the Services.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Services, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You must not create or submit unsolicited stories, messages, likes, retweets, follows or other forms of commercial or harassing communications (a.k.a. "spam") to any person through use of the Services.
You are solely responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Services is public by default and will be able to be viewed by other users.
You may use the Services only if you can form a binding contract with the Company and are not a person barred from receiving services under the laws of the Country of Japan or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that the Company provides are always evolving and the form and nature of the Services that the Company provides may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
2. Privacy and Consent to Transfer Data
You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the Country of Japan (and other countries as necessary) for storage, processing and use by the Company. As part of providing you the Services, the Company may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.
3. Content on the Services
All Content, whether publicly posted or privately transmitted (for example, support emails), is the sole responsibility of the person who originated such Content. Although the Company has no obligation to screen or monitor the Content posted to the Services, the Company may delete or remove such Content at any time and for any reason. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
The Company does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4. Your Rights to Original Content
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant the Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully paid license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for the Company to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by the Company, or other companies, organizations or individuals who partner with the Company, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
The Company may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
5. Your Rights to Requested Content
For any Content explicitly requested by the Company, including any work submitted by you in relation to the topics described at (such Content considered "Work for Hire"), once submitted, you retain no ownership of the Work for Hire, and the Work for Hire may not be shown by you in any publicly accessible place or portfolio, unless separate written permission to show such Work for Hire is obtained by the Company.
6. Company Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of the Company and its licensors. The Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about the Company or the Services (collectively, "Feedback") is non-confidential and will become the sole property of the Company. The Company will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
7. Restrictions on Content and Use of the Services
The Company reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services without liability to you.
The Company also reserves the right to access, read, preserve, and disclose any information as the Company in it's sole discretion reasonably believe is necessary to:
- satisfy any applicable law, regulation, legal process or governmental request;
- enforce the Terms, including investigation of potential violations hereof;
- detect, prevent, or otherwise address fraud, security or technical issues;
- respond to user support requests; or
- protect the rights, property or safety of the Company, its users and the public.
You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, the Company computer systems, or the technical delivery systems of the Company's providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Company (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Company (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of the Company is expressly prohibited);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- use or attempt to use another user’s account without authorization from that user and the Company;
- attempt to circumvent any techniques thhe Company employs to filter Content.
8. Copyright Policy
The Company respects the intellectual property rights of others and expects users of the Services to do the same.
The Company has a policy of limiting access to the Service and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify the Company as follows:
legal [at] 96problems [dot] com
If you knowingly misrepresent that any activity or material on the Services is infringing, you may be liable to the Company for certain costs and damages.
9. Ending these Terms
The Terms will continue to apply until terminated by either you or the Company as follows.
You may end your legal agreement with the Company at any time for any or no reason by discontinuing your use of the Services. You do not need to specifically inform the Company when you stop using the Services.
The Company may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if the Company reasonably believes: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you of the termination.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 5, 6, 7, 8, 10, and 11.
Nothing in this section shall affect the Company's rights to change, limit or stop the provision of the Services without prior notice, as provided above.
10. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of the Company and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Company Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Company does not control, endorse or take responsibility for any third-party content available on or linked to by the Services, including Content posted by you or other users.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE COMPANY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Company Entities or through the Services, will create any warranty or representation not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the Company Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the the Company Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
11. Arbitration Provision/Class-Action Waiver
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for any dispute arising out of or related to a violation of Section 7, or disputes in which either party seeks to bring an individual action in small claims court, if the dispute meets the requirements to be heard in small claims court, or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Tokyo, Japan.
You and the Company agree that any dispute arising out of or related to these Terms or the Services is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
The arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that the courts of Tokyo, Japan have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and the Company will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 11 by emailing us at legal [at] 96problems [dot] com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 12.
12. General Terms
Waiver and Severability
The failure of the Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Country of Japan without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Tokyo, Japan, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such entities, these Terms and any action related thereto will be governed by the laws of Country of Japan (without reference to conflict of laws).
These Terms are the entire and exclusive agreement between the Company and you regarding the Services (excluding any services for which you have a separate agreement with the Company that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Company and you regarding the Services.
These Terms may be revised from time to time, the most current version will always be at 96problems.com/woven-instructions. By using the Services you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at legal [at] 96problems [dot] com
Last Revised Date: August 1, 2016