kwout

Terms of Service
(Guide for Japanese Users)

Welcome to the "kwout" web site ("Site"). By accessing the Site or using the services we offer via the Site ("Services"), you agree to abide and be bound by these Terms of Service ("TOS") and our Privacy Policy. If you do not agree to the TOS or to our Privacy Policy, please do not access the Site or use the Services.

Your Responsibilities

You agree that all information (text, image, hyperlink, etc.) quoted from a web site using the Services is the sole responsibility of the person who originally quoted from the web site and the person who posted it to. This means that you, and not kwout.com, are entirely responsible for all information that you quote, post, upload, distribute, disseminate or otherwise transmit via the Services.

Prohibited Uses

You may not use the Site and Services to quote, post, upload, distribute, disseminate or otherwise transmit any information which:

  1. harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
  2. includes sexually explicit images or other information which is offensive or harmful to minors,
  3. includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
  4. impersonates any person or the appearance or voice of any person,
  5. utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
  6. contains any unsolicited advertising, promotional materials, or other forms of solicitation,
  7. contravenes any application law or government regulation,
  8. violates any operating rule, regulation, procedure, policy or guideline of kwout.com as published on the Site,
  9. may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right,
  10. distributes software or other information in violation of any license agreement.

Deletion of Information

We may delete any kinds of information (text, image, hyperlink, etc.) quoted from a web site without notice, if we believe that you have violated or acted inconsistently with the TOS. We will not be liable to you for the deletion of any kinds of information.

Indemnity

You agree to indemnify us against any claims, losses, damages, costs, liabilities and expenses (including, without limitation, legal costs and expenses) resulting from any breach of your obligations under the TOS, or of applicable law.

No Warranty and Limitation of Liability

KWOUT.COM PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KWOUT.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL KWOUT.COM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT KWOUT.COM HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH KWOUT.COM SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.

Copyright Infringement Notification

To report a copyright infringement quickly or to ask us to delete something, please read Help first. To file a copyright infringement notification formally with us, please send an email that includes substantially the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Authority and Jurisdiction

Unless otherwise specified, use of the Site or the Services and the interpretation and application of the TOS shall comply with the laws of Japan. All disputes involving use of the Site or the Services, unless otherwise specified, shall in the first instance come under the jurisdiction of the Tokyo District Court.

Terms of Service Changes

We may change the TOS from time to time without notice, in our sole discretion. We encourage you to frequently check this page for any changes to the TOS. Your continued use of the Site after any change in the TOS will constitute your acceptance of such change.

Contact Us

If you have any questions or comments about the TOS, please contact us at support at heartrails dot com.