Resident Angel Terms of Service
This website is operated by Resident Angel Collection Inc (“Resident Angel”), a company incorporated and existing under the laws of Japan. When used herein, the terms “we”, “us” and “our” refer to Resident Angel.
The following are the terms and conditions (“Terms”) for use of the Resident Angel web sites and APIs (“Website”) between Resident Angel and you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”). Our Website is offered to You conditioned on Your acceptance without modification of these Terms. By accessing or using our Website, You are stating that You are eligible for an account and that You agree to be bound by these Terms.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Resident Angel, acceptance is expressly limited to these terms.
Responsibility of Contributors
If You operate a community, comment on a community, post material to the Website, post links on the Website, submit inquiries to organizers, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, You represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if Your employer has rights to intellectual property You create, You have either (i) received permission from Your employer to post or make available the Content, including but not limited to any software, or (ii) secured from Your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your community is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other web sites, and similar unsolicited promotional methods;
- Your community is not presented in a manner that misleads Your readers into thinking that You are another person or company; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Resident Angel or otherwise.
By submitting Content to Resident Angel, You grant Resident Angel a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting Your community. This license allows Resident Angel to make Your Content available to visitors of Your community and to third parties selected by Resident Angel (through the Resident Angel API, for example) so that these third parties can analyze and distribute Your Content through their websites.
If You remove Content, Resident Angel will use reasonable efforts to remove it from the Website, but You acknowledge that caching or references to the Content may not be made immediately unavailable. If Content was previously copied by a third party to be used on their website, the third party is solely responsible for removing the Content on their website.
Without limiting any of those representations or warranties, Resident Angel has the right (though not the obligation) to, in Resident Angel’s sole discretion (i) refuse or remove any content that, in Resident Angel’s reasonable opinion, violates any Resident Angel policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Resident Angel’s sole discretion. Resident Angel will have no obligation to provide a refund of any amounts previously paid.
As part of providing You the Website, we may need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website, which You may not be able to opt-out from receiving.
Passwords and other Credentials
You are responsible for choosing “strong” passwords (passwords which are not guessable by others) and for safeguarding Your password and other credientials that You use to access our Website. Resident Angel cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
Disclaimer of Warranties
The Website is provided “as is”. Resident Angel hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Resident Angel makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Resident Angel be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Resident Angel under this agreement during the twelve (12) month period prior to the cause of action. Resident Angel shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless Resident Angel, its contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English. We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Waiver and Severability
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Japan without regard to or application of its conflict of law provisions or Your state or country of residence.
Change to these Terms
We may revise these Terms from time to time. If we make a change to the Terms that, in our sole discretion, is material, a change notice will be published on the Website with an updated effective date. By continuing to access or use the Website after those changes become effective, You agree to be bound by the revised Terms.
Effective as of March 31st, 2011.
Revised July 2017
Parts of these Terms are based upon WordPress’s Terms of Service, licensed under the creative Commons Attribution-ShareAlike 3.0 Unported license.