Terms of Use

This Terms of Use agreement is effective as of July 21, 2017

Acceptance

PLEASE READ THIS TERMS OF USE (the "Terms of Use") THOROUGHLY AND CAREFULLY. The Terms of Use and Privacy Policy (defined below) constitute a legally-binding agreement between Zehitomo Inc., a Japanese corporation (“Zehitomo"), and you.

These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use and participation in:

  • the Zehitomo website, including the classified advertisements, forums, various email functions and Internet links, and all content and Zehitomo services available through the domain and sub-domains of Zehitomo located at https://www.zehitomo.com (whether for PC or mobile use, whether provided through website or smart phone application, and regardless of platform or operating system) (collectively the “Website”); and
  • the online transactions between those users of the Website who are offering services (each, a "Service Professional") and those users of the Website who are obtaining services (each, a "Service User” and, together with Service Professional, “Users”) through the Website (such services, collectively, the “Services").

This Terms of Use incorporate the Zehitomo Privacy and Policy Statement (“Privacy Policy”), which can be accessed here, and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and all other materials or Services on the Website. You acknowledge and agree that if the contents of the Terms of Use differ from explanations on the Website other than the Terms of Use, the Terms of Use shall prevail.

You acknowledge that the Website serves as a venue for the online distribution and publication of user-submitted information between Service Professionals and Service Users, and by using or participating in the Website in any way, including the Services, you certify that:

  • you have the authority to enter into these Terms of Use;
  • you authorise the transfer of payment for Services requested through the use of the Website (if any); and
  • you agree to use the Website and the Services in accordance with these Terms of Use and any other documents incorporated by reference.

If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

All references to "you" and "your", as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

Modifications to Terms of Use or Privacy Policy

Zehitomo reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use, the Privacy Policy, and any other documents incorporated by reference at any time without advanced notice. It is your responsibility to review the Terms of Use for any changes. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use.

Privacy Policy

Zehitomo has established a Privacy Policy that explains to Users how their information is collected and used. The Privacy Policy is hereby incorporated into this Terms of Use. For the avoidance of doubt, your use of this Website is also governed by the Privacy Policy.

License to Access

Zehitomo hereby grants you a non-exclusive, non-sublicensable, non-transferable revocable license to use the Website as set forth in the Terms of Use; provided, however, that:

  • you will not copy, distribute, or make derivative works of the Website in any medium without Zehitomo's prior written consent;
  • you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
  • you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge, and agree that you are at least 18 years of age, and that:

  • all registration or other information that you submit is truthful and accurate;
  • you will maintain the accuracy of such information;
  • your use of the Website and Services offered through this Website do not violate any applicable law or regulation; and
  • if you are under 20 years of age you have your parents’ consent to (i) use this Website and (ii) to enter into agreements with other Users for the provision or receipt of Services.

Your Account (defined below) may be terminated without warning if Zehitomo believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You do not need to register with Zehitomo to simply visit and view the Website, but to access and participate in certain features of the Website, you will need to create a password-protected account ("Account") if you do not register to use Zehitomo through your existing [Google/others] account . To create an account, you must submit your name and email address through the account registration page on the Website and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Zehitomo in providing you with a more customised experience when using the Website.

Account and Additional Policies

You are solely responsible for safeguarding your Zehitomo password and shall keep your Zehitomo password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Zehitomo immediately of any breach of security or any unauthorised use of your Account, or any potential breaches or unauthorised use. Similarly, you shall never use another User's Account without such User’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services offered through the Website. You hereby acknowledge and agree that Zehitomo will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Zehitomo or others due to such unauthorised use.

In addition and in connection with your Account, you acknowledge and agree that you shall comply with the following:

  • You will not copy or distribute any part of the Website in any medium without Zehitomo's prior written authorisation;
  • You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose;
  • You will provide accurate and complete information when creating your Account;
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Zehitomo's prior written approval;
  • You shall not in any manual or automated manner collect Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Website information or content for any use, including but not limited to, use on a "mirrored", competitive, or third party site;
  • You shall not in any way transmit more request messages to the Zehitomo servers, or any server of a Zehitomo subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Zehitomo reserves the right to revoke these exceptions either generally or in specific cases;
  • You shall not use the Website recruit, solicit, or contact in any manner Users for employment or contracting for a business not affiliated with Zehitomo without express written permission from Zehitomo;
  • You shall not take any action that (i) unreasonably encumbers or, in Zehitomo's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Zehitomo's measures that are used to prevent or restrict access to the Website; and
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes other than the Services.

If you do not meet, or are unable to comply with, any of the above, please do not use the Website. Should Zehitomo find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Zehitomo reserves the right, at its sole discretion, to immediately terminate your use of the Website without prior warning.

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable Zehitomo regulations, guidelines and additional policies that Zehitomo may set forth from time to time, including without limitation, a copyright policy, the Fee Policy (as defined below) and any other restrictions or limitations that Zehitomo publishes on the Website (the "Additional Policies"). You agree to comply with the Additional Policies and you acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Terms of Use or any of the documents or policies referenced herein, Zehitomo may in its sole discretion terminate your Account at any time without prior notice to you.

Prohibitions on Content, Messages and Services

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile, the posting of your Service, the posting of your desired Service, or the posting of any opinions or reviews in connection with the Website, the Service or the Users (collectively referred to as "Submitted Content") that, as determined by Zehitomo in its sole discretion:

  • misrepresents the source of anything you post, including impersonation of another individual or entity, or any false or inaccurate biographical information for any Service Professionals;
  • provides or creates links to external sites that violate this Terms of Use;
  • is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
  • invades anyone's privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage Zehitomo or any third party;
  • is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive or incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence;
  • encourages conduct that would be considered a criminal offence, gives rise to civil liability or violates any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate (including, without limitation, any participation in anti-social acts, participation in a group that engages in anti-social acts (or any group affiliated with such a group), or other anti-social forces, has a history of belonging to any of the foregoing, or has any kind of contact or involvement with any of the foregoing);
  • is copyrighted, is a protected trade secret or is otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Zehitomo all of the rights granted therein;
  • contains or promotes an illegal or unauthorised copy of another person's copyrighted work of any kind or any other proprietary right;
  • is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
  • intends to harm or disrupt another User's computer or would allow others to illegally access software or bypass security on websites or servers through any means;
  • advertises or solicits a business not related to or appropriate for the Website;
  • contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • distributes or contains viruses or any other technologies that may harm Zehitomo, or the interests or property of Users;
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
  • is non-local or irrelevant content;
  • contains identical content to other open postings you have already posted, or uses any form of automated device or computer program that enables the submission of postings without the express written consent of Zehitomo; or
  • is otherwise deemed inappropriate by Zehitomo, in its sole discretion.

You shall not send messages to other Users containing:

    * offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or* unsolicited advertising or marketing of a service not offered on the Website or an external website.

While using the Website, you shall not:

  • post content or items in any inappropriate category or areas on the Website;
  • violate any laws, third-party rights, account policies, or any provision of the Terms of Use, including without limitation the prohibitions described above;
  • fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service after you negotiate an agreement for such Service, a posting contains a typographical error that materially changes the description of the Service, or you are missing information required to deliver payment that only the Service Professional can provide but has not;
  • fail to perform Services purchased from you, unless the Service User fails to materially meet terms mutually agreed upon between you and the Service User;
  • circumvent or manipulate any fee structure or billing process that Zehitomo may have or come up with, or post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User);
  • take any action that may undermine any feature that Zehitomo has or may come up with for the purposes of the Website; or
  • leave any inappropriate feedback on a Service Professional and you shall at all times use careful and good judgment in leaving any feedback

Service Professionals

Service Professionals shall not:

  • list Services or offers relating to any Service in a category that is inappropriate to the Service they are offering;
  • misrepresent the location at which they will provide a Service;
  • include brand names or other inappropriate keywords in their Profile, title, posting or submission;
  • use misleading titles that do not accurately describe the Service;
  • include any information in their Profile that is fraudulent or otherwise incorrect;
  • do anything to circumvent or avoid any fees that Zehitomo may charge;
  • use a Profile in any way that promotes or offers any prohibited services;
  • promote any website, service, product, party or any thing not directly related to their Service or otherwise prohibited by Zehitomo in its sole discretion from time to time;
  • solicit Users or any person to pay or do anything not specifically permitted by these Terms of Use or by Zehitomo as it may in its sole discretion determine from time to time; or
  • do anything that contravenes these Terms of Use, the Privacy Policy or any applicable law.

If a Service Professional violates any of the above Zehitomo may in its sole discretion take any action it deems fit, including but not limited to terminating or suspending the Service Professional’s Account or use of the Website.

Service Users

Service Users shall not:

  • commit to purchasing or using a Service without paying;
  • sign up, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with use of or payment for the Service;
  • agree to purchase a Service when you do not meet the Service Professional's terms, or agree to purchase a Service with the intention of causing disruption; or
  • misuse any options made available now or in the future by Zehitomo in connection with the use or purchase of any Service.

If a Service User violates any of the above Zehitomo may in its sole discretion take any action it deems fit, including but not limited to terminating or suspending the Service User’s use of the Website.

Payment Processing

Payment processing services for Zehitomo on the Website are provided by Stripe and are subject to the Stripe Connected Account Agreement (located at https://stripe.com/connect/account-terms), which includes the Stripe Terms of Service (located at https://stripe.com/us/terms) (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Use or continuing to operate as a User, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Zehitomo enabling payment processing services through Stripe, you agree to provide Zehitomo accurate and complete information about you and your business, and you authorize Zehitomo to share it and transaction information related to your use of the payment processing services provided by Stripe.

No Confidentiality

The Website may now or in the future permit the submission of videos or other communications submitted by you and other Users, including without limitation, your Profile or other information about you and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Zehitomo does not guarantee any confidentiality with respect to any Submitted Content.

Representation and Warranties

You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:

  • you own or have the necessary licenses, rights, consents, and permissions to use and authorize Zehitomo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
  • you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person; and
  • you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

You retain all of your ownership rights in your Submitted Content. You hereby grant, and you represent and warrant that you have the right to grant to Zehitomo a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Zehitomo’s (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website (and any derivative works in any media formats and through any media channels).

You also hereby grant each User a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use.

Zehitomo’s Disclaimers and Right to Remove

Zehitomo does not endorse any Submitted Content or any opinion, recommendation, or advice and Zehitomo expressly disclaims any and all liability in connection with all Submitted Content. Zehitomo does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Zehitomo will remove any Data (as defined below) or Submitted Content without prior notice as it may in its sole discretion determine. Zehitomo may take any steps it deems fit in its sole discretion against such infringer.

Zehitomo also reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.

You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources and that Zehitomo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zehitomo, and agree to indemnify and hold Zehitomo, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Users. You understand and agree that Zehitomo may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Termination

Zehitomo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice and in its sole discretion. You agree that Zehitomo shall not be liable to you or to any third party for any modification, suspension or discontinuance of Zehitomo’s services.

You hereby acknowledge and agree that Zehitomo in its sole and absolute discretion has the right but not the obligation to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website or any part thereof, or remove and discard any Submitted Content on the Website immediately and without notice and for any reason. Upon termination of your Account, your right to participate in the Website in any way shall automatically terminate. On termination your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Zehitomo system.

Upon termination the following shall occur:

  • All licenses granted to you will immediately terminate.
  • Zehitomo shall not be liable to you or any third party for any termination of your access to the Website. Zehitomo retains the right to use any data collected from your use of the Website.
  • All related licenses you have granted Zehitomo hereunder shall remain in effect for the foregoing purpose. In no event is Zehitomo obligated to return any Submitted Content to you. All terms and conditions and rights in favour of Zehitomo survive termination and remain in the full benefit of Zehitomo.

You agree to indemnify and hold Zehitomo, and its officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination.

Intellectual Property Rights

The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Zehitomo, subject to copyright and other intellectual property rights under Japanese laws and foreign laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners.

Data on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Zehitomo reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.

The Website contains Zehitomo's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Zehitomo owns and retains all rights in the Zehitomo Data and Marks. Subject to these Terms of Use, Zehitomo hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Zehitomo Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website. The Website may also contain Data of other Users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

Fees and Taxes

Except as detailed in the Zehitomo’s fee policy, as may be found here (the “Fee Policy”), Zehitomo does not charge Users for the use of the Website.

Zehitomo reserves the right at its sole discretion to charge fees to Users for any services that Zehitomo may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by Zehitomo, or conducting transactions with Service Users through Zehitomo. Zehitomo reserves the right to charge fees for these services at its sole discretion and by using the Website, you agree to pay any such fees as Zehitomo may prescribe from time to time. Zehitomo may change the Fee Policy at its sole discretion at any time and from time to time, and you agree to pay such fees as are prescribed by such revised Fee Policy. All fees paid to Zehitomo are non-refundable, including without limitation in the event a contract between a Service User and Service Provider is cancelled for any reason.

Zehitomo acts solely as an intermediary and is not responsible to pay any tax or comply with any laws relating to tax for any transaction, sale or service provided by any Service Professional to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and payment requirements.

Zehitomo not Party / No Agency or Partnership

You hereby acknowledge and agree that Zehitomo is NOT a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Website. The Terms of Use is a legally separate document from any such agreement or contract and the provisions of the Terms of Use shall not in any way be amended or otherwise affected by the terms or performance of any such agreement or contract.

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website. You do not have any authority whatsoever to bind Zehitomo in any respect. All Service Professionals are independent contractors. Neither Zehitomo nor any Users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

Zehitomo has no obligation to cause the performance of either a Service Provider or a Service User under any agreement or contract entered into between such parties.

Disputes

Your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with hire, payment or transaction of any kind with any party.

You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content is your personal decision for which you alone are responsible. You understand that Zehitomo does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. In the event of any dispute between you, a Service User, a Service Professional or any third party in relation to the Website, such dispute shall be resolved between you and such Service User, Service Professional or third party and Zehitomo shall not have or hold any responsibility, liability or obligation in relation thereof.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT ZEHITOMO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT ZEHITOMO IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE ZEHITOMO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.

Governing Law

These Terms of Use shall be governed by the laws of Japan and you agree to submit to the exclusive jurisdiction of the Tokyo District Court.

Advertisements and Third Party Links

Aspects of the Website and other Zehitomo services may be supported by advertising revenue. As such, Zehitomo may display advertisements and promotions on the service. The manner, mode and extent of advertising by Zehitomo on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Zehitomo of any advertised products or services. You agree that Zehitomo shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that Zehitomo is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Zehitomo's endorsement of such third-party sites or any product or service offered through them.

You further acknowledge and agree that Zehitomo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than Zehitomo are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

Disclaimer of Warranties, Limitation of Liability and Indemnities

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. ZEHITOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO WARRANTIES AND/OR REPRESENTATIONS AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND/OR CONDITIONS WHETHER EXPRESS OR IMPLIED ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF INCLUDING BUT NOT LIMITED TO:

1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE OR ANY SERVICE THAT ZEHITOMO PROVIDES.

2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY ZEHITOMO OR ANY THIRD PARTY THROUGH THE WEBSITE);

3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR ZEHITOMO’S SERVERS, DATA OR INFORMATION;

4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;

5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;

6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;

7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZEHITOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES OR ANY FORM OF DAMAGE, LOSS OR INJURY IN ANY FORM WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE IN TRANSMISSION OF DATA OR BUSINESS INTERRUPTION REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OR RESULTING FROM OR UNDER AND IN CONNECTION WITH THE WEBSITE AND FROM YOUR USE OR INABILITY TO USE THEREOF, INCLUDING BUT NOT LIMITED TO:

1. THE ACCURACY, COMPLETENESS, MERCHANTABILITY, SATISFACTORY QUALITY, UNINTERRUPTED OR ERROR-FREE SERVICE OR OPERATION, CONTINUITY AND AVAILABILITY OF SERVICE OR OPERATION, COMPATIBILITY AND USABILITY WITH THIRD PARTY OR OTHER SERVICES, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS OF THE WEBSITE;

2. ANY ERRORS, MISTAKES, OMISSIONS OR INACCURACIES IN ANY MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT, WHETHER POSTED, EMAILED, TRANSMITTED, SUBMITTED, ADVERTISED, OFFERED OR OTHERWISE MADE AVAILABLE IN THE WEBSITE (WHETHER BY ZEHITOMO OR ANY THIRD PARTY THROUGH THE WEBSITE, ANY WEBSITE, SUBMISSIONS OR ANY OTHER MEANS);

3. ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR ZEHITOMO’S SERVERS, DATA OR INFORMATION;

4. ANY CESSATION, TERMINATION OR DISTURBANCE OF TRANSMISSION TO OR FROM THE WEBSITE;

5. ANY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER MALWARE OR BY TRESPASS OR BURDENING NETWORK CAPACITY WHETHER TRANSMITTED TO OR THROUGH THE WEBSITE WHETHER DUE TO THE ACTIONS OF ANY THIRD PARTIES OR OTHERWISE;

6. ANY TRANSACTION OR TRANSMISSION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES OF ANY KIND IN ANY MEDIUM WHATSOEVER;

7. ANY HARASSMENT, ABUSE, STALKING, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING, VIOLATING OR ILLEGAL SUBMISSION, MATERIAL, CONTENT, MESSAGE, TRANSMISSION OR ACT BY ANY USER OF THE WEBSITE OR OTHERWISE.

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW, ZEHITOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBTS AND/OR EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM YOUR USE OF THE WEBSITE, YOUR BREACH AND/OR VIOLATION OF ANY TERM OF THESE TERMS OF USE, YOUR BREACH AND/OR VIOLATION OF ANY THIRD PARTY RIGHT OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO COPYRIGHT, INTELLECTUAL PROPERTY, PROPERTY AND/OR PRIVACY RIGHTS.

Entire Terms

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Zehitomo on the Website, shall constitute the entire agreement between you and Zehitomo concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

Language

This Terms of Use is made and entered into in the languages of English and Japanese. The parties hereto agree that the English version of this Agreement shall be controlling for all purposes (including, for the avoidance of doubt, where there are inconsistencies between the English version and the Japanese version).