This agreement was originally written in Japanese (Japan). Should there be any discrepancies between the translation and the original, please note that the original (Japanese version) takes precedence.
Date of Last Revision: 17/9/2017
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities (hereafter to be referred to as "this Statement" or "this SRR") derives from the ShareLingual Principles and is our terms of service that governs our relationship with users and other individuals/organizations who interact with ShareLingual, as well as ShareLingual brands, products, and services (hereafter to be referred to as "ShareLingual Services," "Services," or "these Services"). By accessing ShareLingual Services, you agree to this Statement as updated from time to time in accordance with Section 11 below.
Because ShareLingual offers a wide range of Services, we may ask you to confirm or agree to supplementary terms applicable to certain applications, products, and services. Should a conflict arise between supplementary conditions and this SRR, please note that the supplementary conditions related to the application, product, or service control only where there is a contradiction or conflict with the use of the application, product, or service.
- (1) "ShareLingual" and "ShareLingual Services" refer to the features and services we offer, including: (a) our official website at sharelingual.com and any other ShareLingual branded or co-branded websites (sub-domains, international versions, widgets, mobile versions, etc.); (b) our Platform; (c) social plugins such as the "Hi" and share buttons; (d) other media, brands, products, services, software (e.g. toolbars), devices, and networks now existing or later developed. ShareLingual reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- (2) "Platform" refers to a set of APIs and services (e.g. content) that enable other individuals/organizations, including application developers and website operators, to retrieve data from ShareLingual or provide data to us.
- (3) "Information" refers to facts and information about users, including actions taken by users or non-users interacting with ShareLingual.
- (4) "Content" refers to anything users post, provide, or share using ShareLingual services.
- (5) "Data" or "user data" refers to any data, including a user's content and information, that a user or third party can obtain from ShareLingual or provide to ShareLingual through the Platform.
- (6) "Post" refers to posts on ShareLingual or otherwise made available by ShareLingual.
- (7) "Use" refers to using, running; copying; publicly performing, displaying, and distributing; modifying; translating; and creating derivative works.
- (8) "Application" refers to any application or website that uses or accesses the Platform, as well as anything else that receives or has received data from us. If you no longer access the Platform but have not deleted all data from us, the term "application" will apply until you delete the data.
- (9) “Trademarks” refer to the list of trademarks provided here.
- (10) "We," "us," or "our" refer to Dakai, LLC.
Section 1 Service Content Guarantees and Updates
We do not guarantee the absence of defects or bugs in the service content we offer.
Additionally, we can choose to update the content or mechanics Services or stop or suspend Services without giving prior notification to the customer.
Section 2 Service Use Restrictions
Regarding the use of Services, we can add terms for use, which may include restricting a ShareLingual ID (hereafter to be referred to as "ID") to the individual who registered it, to a specific age group, or to the specific user who fulfills the requirements of our designated identity verification process.
Additionally, we reject usage to users who are members, former members, or affiliates of anti-social forces, who mistreat our Services, or who trouble a third party.
Section 3 User Data and Use of Content
We are not obligated to backup user data that is stored on the servers we manage. You must backup your own data.
Should it become necessary that we put our Services through maintenance and repair, we will duplicate user data that is stored on the servers we manage to the extent that such an action is necessary for maintenance and repair.
With regard to content posted by users on Services accessible to certain or multiple users, such as BBSs, the copyright belongs to the user or copyright holder of the said content.
With regard to the said content, we will assume that users grant us free and non-exclusive usage (e.g. copying, screening, public transmission, exhibition, distribution, release, loan, translation, adaptation, and publication) rights (including sublicensing rights) for an indefinite period both within and outside of Japan.
Users will not exercise the moral rights of authors.
So as to ensure the continued safety of our Services, we have the authority to browse all data on our site, including your registered information, content, data, posts, and messages.
Section 4 Safety
We forbid the following conduct (including conduct that incites or facilitates such) in the use of our Services.
- (1) You are forbidden from posting unauthorized commercial content (e.g. spam) on ShareLingual.
- (2) You are forbidden from collecting the content or information of other people. You are also forbidden from accessing ShareLingual by automated means (data-collection bots, robots, spiders, harvesters, etc.) without obtaining our permission beforehand.
- (3) You are forbidden from running illegal multi-level marketing, such as pyramid schemes, on ShareLingual.
- (4) You are forbidden from uploading viruses or other malicious codes.
- (5) You are forbidden from seeking login information from other users or accessing the accounts of other users.
- (6) The unauthorized collection or storage of someone else's personal information or history.
- (7) You are forbidden from bullying, threatening, or harassing any user.
- (8) You are forbidden from posting content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- (9) Posting, running, exhibiting, offering, or transmitting (hereafter, referred to as collectively as "posting") material that is contrary to social norms/public order, violates someone else's rights, or causes trouble to someone.
- (10) You are forbidden from developing or operating a third party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- (11) You are forbidden from using ShareLingual to do anything unlawful, misleading, malicious, or discriminatory.
- (12) You are forbidden from doing anything that could disable, overburden, or impair the proper working or appearance of ShareLingual, such as a denial of service attack or interference with page rendering or other ShareLingual functionality).
- (13) You are forbidden from facilitating or encouraging any violations of this SSR or our policies.
- (14) Conduct that violates the national or regional laws of Japan or the country in which the user resides.
- (15) Posting programs that damage or interfere with the functions of another user's software or hardware.
- (16) Damaging or interfering with our server or network features.
- (17) Interfering with our Services, the advertisements we distribute, or the services and advertisements offered on our websites.
- (18) Using Services for a purpose that differs from the original purpose of the Services provided in light of the intent of provision.
- (19) Employing someone else's ID to use Services.
- (20) Obtaining someone else's ID or password (regardless of the means) and exhibiting or offering such to other users.
- (21) Involving our Services in the offering of direct or indirect profit to anti-social forces.
Section 5 Registration and Account Security, Customer Responsibilities with Regard to ID and Passwords
You will be responsible for the following duties upon registering an ID:
- (1) You will register true and accurate information.
- (2) You will take appropriate measures to edit registration contents (including mailing addresses) so that it is accurate and up-to-date.
- (3) When you are logged-in by a prescribed user authentication method (this includes, but is not limited to, authentication by a confirmed match in registration information that is either a combination of ID and password or a uniquely assigned code sent to mobile telephone numbers from a mobile telephone provider), we will assume that you are using our Services. Depending on the use of Services or purchase of products, should there be a charge or cost (hereafter to be referred to as "charge": be it a charge, user-fee, membership-fee, or cost by any other name, including the recovery of a user's debt entrusted to us by a third party for using our Services), you will be charged.
- (4) You are forbidden from providing false personal information and/or creating accounts for other people on ShareLingual without obtaining their permission.
- (5) We will not recognize the creation of more than one personal account.
- (6) If we suspend your account, you are forbidden from creating a new account without obtaining our permission.
- (7) Individuals are forbidden from using ShareLingual if they are under the age of 18.
- (8) Individuals are forbidden from using ShareLingual if they are a convicted sex offender.
- (9) You are forbidden from transferring your account to another individual without obtaining our permission first.
- (10) Should an account (or something of that nature) be created, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
- (11) When you create or reset an account, the personal data you provide for your public profile (e.g. user name, nationality, place of residence, profile image) will be made public on the profile page and in search results to all members of this website. A portion of this data (e.g. profile photo, age) will be accessible to non-members.
- (12) When you register as a member of this website, you consent to receive correspondence and advertisements sent from us to your email address or through the internal messenger of our website.
Section 6 Protecting Other People's Rights
We respect other people's rights, and ask that you do the same.
- (1) You will not post content that violates or infringes upon someone else's rights or otherwise violates the law.
- (2) We can remove any content or information you post if we believe that it violates this SRR or our policies.
- (3) If you repeatedly violate someone else's intellectual property rights, we can suspend your account if it is appropriate.
- (4) You are forbidden using our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our prior permission.
- (6) You are forbidden from posting anyone's identification documents or sensitive financial information on ShareLingual.
Section 7 Payments
If you make a payment on ShareLingual, you agree to the payment terms clearly specified at or around the time of billing unless it is clearly indicated that other terms or payment terms apply.
Revision of a billing amount will be executed with agreement from the user prior to billing or when the bill is being revised.
We can serve our advertisements, or those of a third party, in the Services and software we offer.
You agree to the following:
- (1) When you register, or during the use of our Services, you give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as content or people that you direct a "Hi" to) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you.
- (2) We do not give your content or information to advertisers without your consent.
- (3) You understand that we may not always identify paid services and communications as such.
- (4) The exhibition of personal information to our clients upon obtaining your agreement.
Section 9 Special Provisions Applicable to Advertisers
If you serve advertisements, run promotions, or serve coupons on ShareLingual, you agree to ShareLingual's Statement of Rights and Responsibilities.
Section 10 Special Provisions Applicable to Software
- (1) If you download or use our software (e.g. a stand-alone software product, an application, or a browser plugin), you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve and enhance the software.
- (2) You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
However, we will make notifications via our website with regard to the content of amendments and will ensure a reasonable notification period prior to any amendment that significantly affects our users.
Section 12 Regarding the Removal of Posts, Suspension of Services, and Removal of IDs
So that we may effectively run the Services we offer, we will, without prior notification, remove data and content, deny all or partial service, or remove a your ID in the following cases.
Additionally, if you are registered with more than one account, we may take action towards all such IDs.
- (1) If you violate any part of this Statement or if we believe that you have done so.
- (2) If you create risk or possible legal exposure for us.
- (3) If you are slow to pay charges that are owed to us.
- (4) If the credit card of bank account you have selected as your payment method, or any other payment method, is suspended.
- (5) If we have reason to doubt you: for example, we receive a petition for bankruptcy or civil rehabilitation proceedings or you file such proceedings yourself.
- (6) If your ID has been registered or used by anti-social forces or a member/affiliate of such, or if we have reason to suspect such a possibility.
- (7) If you have not used your ID or a certain service over a given period of time.
- (8) If we believe there to be a problem in continuing our contractual relations with you, such as an event in which we lose confidence in you.
Section 13 Suspension/Termination of These Services
So that we may continue to offer these Services in proper working order, we will temporarily suspend these Services without making any demands of the members if it be judged that any of the following cases have occurred. In such cases, we bear no responsibility to compensate you if you suffer any loss.
- (1) When performing periodic or urgent maintenance and repair.
- (2) When our systems are overloaded.
- (3) When we judge there to be a problem with the running of these Services.
- (4) When it becomes necessary to guarantee the security of our members.
- (5) When we cannot offer these Services due to fires, power-outages, etc.
- (6) When we cannot offer these Services due to natural disasters such as earthquakes, volcanic eruptions, flooding, tsunamis, etc.
- (7) When we cannot offer these Services due to war, violence, disturbances, labor disputes, etc.
- (8) When we judge that a temporary suspension is necessary with regard to operations or technology.
Additionally, we may fully or partially terminate these Services according to our judgment. We will notify members about the termination date of these Services.
Section 14 Disputes, Applicable Laws, and Legal Jurisdiction
- (1) This Statement was drafted, is effective, and is to be interpreted under the Laws of Japan.
Additionally, all disputes that occur between us and our clients arising from or concerning our Services (including featured content and advertisements) and software will be referred to the exclusive jurisdiction of the Tokyo District Court in the first instance.
- (2) If anyone brings a claim against us related to your actions, content or information on ShareLingual, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on ShareLingual and are not responsible for the content or information users transmit or share on ShareLingual. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on ShareLingual. We are not responsible for the conduct, whether online or offline, of any user of ShareLingual.
- (3) We try to keep ShareLingual up, bug-free, and safe, but you use it at your own risk. We are providing ShareLingual as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that ShareLingual will always be safe, secure or error-free or that ShareLingual will always function without disruptions, delays or imperfections. ShareLingual is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. If you are a California resident, you waive California civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this Statement or ShareLingual, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this Statement or ShareLingual will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, ShareLingual's liability will be limited to the fullest extent permitted by applicable law.
Section 15 Special Provisions Applicable to Users Outside Japan
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with ShareLingual outside of Japan:
- (1) You consent to having your personal data transferred to and processed in Japan.
- (2) If you are located in a country embargoed by Japan, you will not engage in commercial activities on ShareLingual (such as advertising or payments) or operate a Platform application or website. You will not use ShareLingual if you are prohibited from receiving products, services, or software originating from Japan.
Section 16 Compensating our Company
If we incur expenses related to a claim arising from your conduct, or if we have to pay compensation, you will be responsible for the expenses or compensation we paid (including legal fees that we have paid).
Section 17 Prohibiting the Transfer of Rights and Obligations
With regard to all contracts based upon this Statement, you will not transfer your status and rights or obligations, in full or in part, under this Statement to any third party without our prior written consent.