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Terms And Conditions

Last updated Nov 22, 2023

AGREEMENT TO OUR LEGAL TERMS

1. Introducing Terms And Conditions

We are Mochi no Yume (“Company,” “we,” “us,” “our“).

We operate the website https://mochiyume.com (the “Site“), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms“) (collectively, the “Services“).

Welcome to Mochiyume.com, a platform passionately curated by Yuu, the founder, to share an unwavering love for the enchanting land of Japan. These Terms and Conditions govern your use of our website, shaping the guidelines for a harmonious online experience.

1.1 Purpose of Mochiyume.com

At Mochiyume.com, our mission is to provide an immersive exploration into the diverse facets of Japan. Our blog encompasses nine distinct themes, each a gateway into a unique aspect of this beautiful country. From delving into its rich Culture, traversing through its storied History, embarking on virtual Travels, savoring its delectable Cuisine, exploring the world of Literature, observing daily life through our Observe section, understanding the Immigrant experience, to diving deep into the realms of Anime & Manga, and staying updated with Japan News – every corner of Mochiyume.com reflects our founder’s profound connection with Japan.

1.2 User Acceptance

By accessing or using Mochiyume.com, you acknowledge and agree to comply with these Terms and Conditions. If you disagree with any part of these terms, please refrain from using our services. Your continued use of the website constitutes acceptance of these terms.

1.3 Changes to Terms

We reserve the right to modify, revise, or update these Terms and Conditions at any time. The revised version will be effective immediately upon posting. It is your responsibility to review these terms periodically for changes. Your continued use of Mochiyume.com after any modifications signifies your acceptance of the updated terms.

1.4 Personal Connection

Mochiyume.com is more than a blog; it’s a personal journey shared with you. Yuu’s dedication to Japan’s beauty, expressed through each post, is intended to create a virtual haven where users can connect, explore, and appreciate the myriad wonders of Japan.

1.5 User Agreement

In addition to the warm welcome extended in Section 1, it is essential to establish a clear understanding between you and Mochi no Yume. These Legal Terms form a binding agreement governing your interaction with our Services. Whether you are an individual user or representing an entity, your access to and use of the Services are contingent upon your acknowledgment, comprehension, and unequivocal acceptance of all stipulations within these Legal Terms.

1.6 Incorporation by Reference

This agreement encompasses not only the present Legal Terms but also incorporates supplemental terms, conditions, or documents posted on the Services, further solidifying the framework of our relationship. Mochi no Yume reserves the unilateral right to modify these Legal Terms at its discretion. Changes will be communicated through the “Last updated” date, and you relinquish any entitlement to individual notifications for each modification. It remains your responsibility to regularly review these Legal Terms to stay informed about updates, with your continued usage signifying acknowledgment and acceptance of any revised terms.

1.7 Age Requirement

The Services are designed for users aged 13 and above. If you are a minor within your jurisdiction (typically under 18 years), parental consent and direct supervision are mandatory for Service utilization. Minor users must ensure that their parent or guardian reads and concurs with these Legal Terms before granting permission for Service use.

We strongly recommend retaining a printed copy of these Legal Terms for your reference.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We, Mochiyume.com, are the exclusive owner or licensee of all intellectual property rights associated with our Services. This includes, but is not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics found within the Services, collectively referred to as the “Content.” Additionally, the trademarks, service marks, and logos used within the Services are protected intellectual property.

These intellectual property assets, collectively referred to as the “Marks,” are safeguarded by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws, both in the United States and globally.

The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purposes only.

Your use of our Services

Subject to your compliance with these Legal Terms, specifically the “PROHIBITED ACTIVITIES” section outlined below, we grant you a non-exclusive, non-transferable, revocable license. This license permits you to:

  • Access the Services.
  • Download or print a copy of any portion of the Content for your personal, non-commercial use or internal business purpose.

No part of the Services, Content, or Marks may be commercially exploited without our express prior written permission. If you wish to make any use beyond what is explicitly granted in these terms, please contact us at: [email protected].

Any unauthorized use of our intellectual property constitutes a material breach of these Legal Terms, resulting in the immediate termination of your right to use our Services.

Your submissions and contributions

Before utilizing our Services to post or upload content, carefully review this section and the “PROHIBITED ACTIVITIES” section to understand the rights and obligations associated with your submissions and contributions.

Submissions: By sending us any information, feedback, or content about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submissions. We gain ownership and the unrestricted right to use and disseminate these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may offer functionalities, such as blogs or forums, where you can create, submit, or post content (“Contributions”). By posting Contributions, you grant us an extensive license to use, copy, reproduce, distribute, and exploit your Contributions for various purposes.

This license includes the use of your name, trademarks, and logos associated with your Contributions. You retain responsibility for your Contributions, ensuring they comply with our terms and all applicable laws. We may remove or edit any Contributions at our discretion, and any breach of this section may result in your account suspension or disablement.

For further details, please refer to the “PROHIBITED ACTIVITIES” section and our Legal Terms.

Additional Reading: Intellectual Property Law

3. USER REPRESENTATIONS

By utilizing our Services, you, as the user, make the following representations and warranties:

(1) Accuracy of Information: You affirm that all registration information you submit is true, accurate, current, and complete.

(2) Maintenance of Accuracy: You commit to maintaining the accuracy of the provided information and agree to promptly update any registration details as necessary.

(3) Legal Capacity: You assert that you possess the legal capacity to enter into and comply with these Legal Terms.

(4) Age Requirement: You confirm that you are not under the age of 13.

(5) Minor Status: If you are a minor, you affirm that you are not considered a minor in your jurisdiction of residence or, if applicable, you have obtained parental permission to use the Services.

(6) Automated Access: You agree not to access the Services through automated or non-human means, including but not limited to bots or scripts.

(7) Lawful Use: You commit not to use the Services for any illegal or unauthorized purposes.

(8) Compliance with Applicable Laws: Your use of the Services will not violate any applicable laws or regulations.

If at any point, the information you provide is found to be untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account. Additionally, we retain the right to refuse any and all current or future use of the Services, or any portion thereof.

4. USER REGISTRATION

When utilizing our Services, registration may be a requisite. By proceeding with the registration process, you acknowledge and agree to the following terms:

(a) Password Confidentiality: You are obligated to maintain the confidentiality of your password. Consequently, you assume full responsibility for all activities conducted through your account and password.

(b) Username Selection: We retain the right, at our sole discretion, to remove, reclaim, or modify any username you choose. Such actions will be taken if we ascertain that the selected username is inappropriate, obscene, or otherwise objectionable.

5. PROHIBITED ACTIVITIES

As a user of our Services, it is imperative that you adhere to the specified guidelines and refrain from engaging in activities that contravene the intended use of our platform. By using the Services, you explicitly agree to the following prohibitions:

(a) Unauthorized Use: You may not access or use the Services for any purpose other than the intended and explicitly provided functionalities. Commercial use of the Services is permissible only when explicitly endorsed or approved by us.

(b) Specific Prohibitions: As a user, you are expressly prohibited from:

  1. Data Retrieval: Systematically retrieving data or content from the Services to create collections, compilations, databases, or directories without our written permission.
  2. Fraudulent Activities: Attempting to trick, defraud, or mislead us or other users, particularly in endeavors to extract sensitive account information such as user passwords.
  3. Security Interference: Circumventing, disabling, or otherwise interfering with security features of the Services, including those designed to prevent unauthorized use, copying of Content, or imposing limitations on usage.
  4. Harmful Conduct: Disparaging, tarnishing, or causing harm, in our opinion, to us and/or the Services.
  5. Unlawful Use: Using information obtained from the Services to harass, abuse, or harm others, or engaging in activities inconsistent with applicable laws or regulations.
  6. Unauthorized Framing or Linking: Engaging in unauthorized framing or linking to the Services.
  7. Malicious Content: Uploading or transmitting viruses, Trojan horses, or other materials that interfere with others’ use of the Services or disrupt the Services’ features, functions, operation, or maintenance.
  8. Automated Use: Engaging in automated use of the system, such as scripting comments or messages, using data mining, robots, or similar tools.

6. USER GENERATED CONTRIBUTIONS

Our platform encourages user engagement through various interactive features, such as blogs, message boards, online forums, and other functionalities, allowing you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials (“Contributions”). It’s crucial to comprehend the implications of your Contributions, as they may be viewable by other users and accessible through third-party websites. By creating or making Contributions, you affirm and guarantee the following:

(a) Proprietary Rights:

  1. Your Contributions and their creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of such Contributions, do not and will not infringe upon the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.

(b) Ownership and Authorization: 2. You are the creator and owner of, or possess the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users to use your Contributions in alignment with the Services and these Legal Terms.

(c) Consent and Release: 3. You have obtained the written consent, release, and/or permission from every identifiable individual in your Contributions to use their name or likeness, enabling inclusion and use of your Contributions in the manner contemplated by the Services and these Legal Terms.

(d) Accuracy and Authenticity: 4. Your Contributions are not false, inaccurate, or misleading, ensuring their authenticity and reliability.

(e) Compliance with Standards: 5. Your Contributions do not violate any applicable law, regulation, or rule, ensuring adherence to legal standards and requirements.

(f) Non-Obscenity and Non-Solicitation: 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, and they do not constitute unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

(g) Respect and Compliance: 7. Your Contributions do not ridicule, mock, disparage, intimidate, abuse anyone, promote violence, or violate the privacy or publicity rights of any third party.

(h) Legal and Ethical Standards: 8. Your Contributions do not violate any applicable law concerning child pornography or intended to protect the health or well-being of minors.

(i) Non-Discrimination: 9. Your Contributions do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.

(j) Compliance with Legal Terms: 10. Your Contributions do not otherwise violate or link to material that violates any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in contravention of these stipulations constitutes a violation of these Legal Terms, leading to potential consequences, including termination or suspension of your rights to use the Services.

7. CONTRIBUTION LICENSE

When you post Contributions on any part of the Services or link your account from the Services to your social networking accounts, you automatically grant us an extensive license. By doing so, you confirm and warrant that you have the right to grant us the following:

(a) Extent of License: An unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Contributions, including your image and voice, for any purpose, be it commercial, advertising, or otherwise.

(b) Derivative Works: The right to prepare derivative works of, or incorporate into other works, your Contributions, and the authority to grant and authorize sublicenses of the aforementioned rights. This utilization and distribution may transpire in any media formats and through any media channels.

(c) Application of License: This license extends to any form, media, or technology existing now or developed in the future. It includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images provided by you. By granting this license, you waive all moral rights in your Contributions, asserting that moral rights have not been asserted in your Contributions.

(d) Ownership of Contributions: We do not claim ownership over your Contributions. You retain full ownership of all your Contributions, including any intellectual property or proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions, and you are solely liable for your Contributions, agreeing to indemnify us from any responsibility and abstain from legal action against us concerning your Contributions.

(e) Editing and Deletion: In our sole discretion, we reserve the right to edit, redact, or otherwise modify any Contributions. We may re-categorize Contributions for more suitable placement on the Services and pre-screen or delete any Contributions at any time and for any reason without notice. Monitoring of Contributions is not an obligation we undertake.

8. GUIDELINES FOR REVIEWS

When utilizing the review features on our Services, we expect adherence to specific guidelines to ensure a constructive and respectful environment. By posting a review, you commit to the following criteria:

  1. Firsthand Experience:
    • Your review should stem from firsthand experience with the individual or entity being reviewed.
  2. Language Standards:
    • Avoid the use of offensive profanity, abusive language, racist comments, or any form of hateful expression.
  3. Non-Discrimination:
    • Reviews must not include discriminatory references based on factors such as religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  4. Avoid Illegal References:
    • Refrain from including references to illegal activities in your reviews.
  5. Non-Affiliation with Competitors:
    • If posting negative reviews, ensure that you are not affiliated with competitors.
  6. Legal Conclusions:
    • Abstain from making conclusions about the legality of conduct in your reviews.
  7. Truthfulness:
    • Do not post false or misleading statements in your reviews.
  8. No Review Campaigns:
    • Do not organize campaigns encouraging others to post reviews, whether positive or negative.

We retain the right to accept, reject, or remove reviews at our sole discretion. There is no obligation on our part to screen or delete reviews, even if some may find them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of our affiliates or partners. We disclaim liability for any review and any resulting claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and distribute all content related to the review.

9. SOCIAL MEDIA

Within the functionality of our Services, you have the option to link your account with third-party service providers through online accounts (each referred to as a “Third-Party Account”). This linkage can occur in one of two ways: (1) by providing your login information for the Third-Party Account through our Services, or (2) by permitting us to access your Third-Party Account, in compliance with the terms and conditions governing your use of each Third-Party Account.

You assert and assure that you have the right to disclose your login information or grant access to your Third-Party Account without violating any terms and conditions governing its use. This action does not impose any obligation on us to pay fees or subject us to usage limitations imposed by the third-party service provider.

By providing us access to any Third-Party Account, you acknowledge that (1) we may access, make available, and store any content you have provided to and stored in your Third-Party Account (referred to as “Social Network Content”) so that it is accessible on and through our Services via your account, including friend lists, and (2) we may submit to and receive from your Third-Party Account additional information as notified when you link your account.

Depending on the Third-Party Accounts you select and your privacy settings within those accounts, personally identifiable information you post may be accessible on and through your account on our Services. If a Third-Party Account becomes unavailable or our access is terminated, Social Network Content may no longer be accessible through our Services. You retain the ability to disable the connection between your account on our Services and your Third-Party Accounts at any time.

Please note:

  • Your Relationship with Third-Party Service Providers: Your association with the third-party service providers linked to your Third-Party Accounts is solely governed by your agreement(s) with them.
  • Review of Social Network Content: We do not review Social Network Content for accuracy, legality, or non-infringement, and we assume no responsibility for any Social Network Content.

You acknowledge that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet solely to identify and inform you of contacts who have registered to use our Services. You can deactivate the connection between our Services and your Third-Party Account at any time. We will make an effort to delete information obtained through such Third-Party Account from our servers, except for the username and profile picture associated with your account.

10. THIRD-PARTY WEBSITES AND CONTENT

The Services may include links to other websites (“Third-Party Websites”) and may provide access to various content or items from third parties (“Third-Party Content”), such as articles, photographs, text, graphics, designs, music, sound, video, information, applications, and software. It’s important to note that these Third-Party Websites and Third-Party Content are not subjected to our investigation, monitoring, or scrutiny for accuracy, appropriateness, or completeness.

We do not assume responsibility for the content, accuracy, offensiveness, opinions, reliability, privacy practices, or any other policies of Third-Party Websites accessed through our Services or any Third-Party Content posted on, available through, or installed from the Services.

The inclusion of links, permitting the use, or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave our Services and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk. Please be aware that these Legal Terms will no longer apply, and you should review the applicable terms, policies, including privacy and data gathering practices, of any website you visit or any applications you use or install from the Services.

Any purchases made through Third-Party Websites are entirely between you and the relevant third party. We assume no responsibility for such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites, and you hold us harmless from any harm resulting from your purchase of such products or services.

Moreover, you agree to hold us harmless from any losses or harm resulting from or related to any Third-Party Content or any interaction with Third-Party Websites.

11. ADVERTISERS

We grant permission to advertisers to showcase their advertisements and additional information in specific areas of the Services, including sidebar and banner advertisements. It’s essential to clarify that our role is limited to providing space for these advertisements, and we do not establish any other relationship with advertisers.

We recommend users familiarize themselves with the terms and policies of the advertisers, as these entities operate independently of our platform. While we strive to maintain a secure and reliable environment, we do not endorse or take responsibility for the content, products, or services offered by advertisers.

For further details on the role of advertisers within our Services, and to better understand the associated terms, users are encouraged to explore additional resources from reputable sources:

Federal Trade Commission (FTC) Guidelines on Online Advertising

Interactive Advertising Bureau (IAB) Standards and Guidelines

Better Business Bureau (BBB) Advertising Standards

12. SERVICES MANAGEMENT

We retain the right, though not the obligation, to manage the Services in accordance with these Legal Terms. This management includes, but is not limited to, the following actions:

  1. Monitoring for Violations: We may monitor the Services to identify any breaches of these Legal Terms.
  2. Legal Action: We reserve the right to take appropriate legal action against individuals who, at our sole discretion, violate the law or these Legal Terms. This may involve reporting such users to law enforcement authorities.
  3. Access Restriction: We maintain the right, at our sole discretion and without limitation, to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any part thereof.
  4. File and Content Removal: At our sole discretion and without limitation, notice, or liability, we may remove from the Services or disable all files and content that are excessive in size or in any way burdensome to our systems.
  5. General Services Management: We reserve the right to manage the Services in a manner aimed at protecting our rights and property and ensuring the proper functioning of the Services.

For more insights into the management practices and actions we may take, users are encouraged to explore relevant resources:

Electronic Frontier Foundation (EFF) Legal Guide

American Civil Liberties Union (ACLU) on Digital Privacy

Federal Communications Commission (FCC) on Internet Regulation

13. PRIVACY POLICY

Ensuring data privacy and security is a paramount concern for us. We encourage users to thoroughly review our Privacy Policy, accessible at: MochiYume Privacy Policy. By utilizing the Services, you inherently agree to abide by our Privacy Policy, an integral component of these Legal Terms. It is crucial to note that the Services are hosted in Japan. If accessed from any other global region with distinct laws or requirements governing the collection, use, or disclosure of personal data, disparate from those in Japan, your continued use of the Services entails the transfer of your data to Japan. By continuing to use the Services, you explicitly consent to the transfer and processing of your data in Japan.

For a deeper understanding of privacy laws and practices, users are encouraged to explore reputable resources:

Information Commissioner’s Office (ICO) on Data Protection

Japan’s Act on the Protection of Personal Information (APPI)

Regarding the use of cookies, while Japan doesn’t have specific legislation addressing cookies, they are generally considered Personally Identifiable Information (PII). The transfer of such data is regulated by the APPI under certain circumstances. Additionally, if information obtained through cookies, when combined with easily-referenced information, can identify an individual (e.g., member registration) and is utilized (e.g., for marketing purposes), the Purpose of Use must be disclosed under the APPI.

Moreover, we do not knowingly accept, request, or solicit information from children, nor do we knowingly market to children. If we become aware that an individual under the age of 13 has provided personal information without verifiable parental consent, we will promptly delete that information from the Services.

For additional information on international data transfers and privacy considerations, users may find the following resources beneficial:

General Data Protection Regulation (GDPR) Portal

Electronic Frontier Foundation (EFF) – Digital Privacy

Children’s Online Privacy Protection Act (COPPA)

14. TERM AND TERMINATION

These Legal Terms shall remain effective throughout the duration of your use of the Services. While recognizing other stipulations within these Legal Terms, it is imperative to highlight our unequivocal right, exercised at our sole discretion and without prior notice or liability, to deny access to and use of the Services, including the ability to block specific IP addresses. This right is reserved for any person, for any reason or for no reason whatsoever. Grounds for such denial include, but are not limited to, a breach of any representation, warranty, or covenant contained in these Legal Terms or violation of any applicable law or regulation.

The termination or suspension of your account, along with the deletion of any associated content or information posted, may occur at any time and without warning, all at our sole discretion.

Should we terminate or suspend your account, you are expressly prohibited from registering anew and creating another account. This prohibition extends to the use of your name, a fictitious or borrowed name, or the name of any third party, even if such actions are undertaken on behalf of the third party. Beyond termination or suspension, we retain the right to pursue appropriate legal action, encompassing civil, criminal, and injunctive redress.

15. MODIFICATIONS AND INTERRUPTIONS

We retain the unilateral right to alter, modify, or remove content from the Services at our discretion and without notice. This right encompasses changes for any reason, reflecting our commitment to maintaining the Services’ integrity. It’s important to note that we are under no obligation to update information on the Services continuously. Consequently, we shall not be held liable to you or any third party for any modifications, price adjustments, suspensions, or discontinuations of the Services.

The availability of the Services cannot be guaranteed at all times. Unforeseen issues such as hardware or software problems, as well as necessary maintenance activities, may result in interruptions, delays, or errors. We explicitly reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services without notice. By using the Services, you acknowledge and agree that we bear no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. It is important to clarify that these Legal Terms do not impose an obligation on us to maintain, support, or provide corrections, updates, or releases for the Services.

16. DISCLAIMER

The Services are presented on an as-is and as-available basis. By utilizing the Services, you acknowledge and agree that your engagement will be at your sole risk. We, to the fullest extent permitted by law, disclaim all warranties, whether express or implied, associated with the Services and your utilization thereof. These disclaimed warranties include, but are not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations regarding the accuracy or completeness of the content within the Services or that of any linked websites or mobile applications. We assume no liability or responsibility for:

  1. Errors, mistakes, or inaccuracies of content and materials.
  2. Personal injury or property damage resulting from your access to and use of the Services.
  3. Any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
  4. Any interruption or cessation of transmission to or from the Services.
  5. Any bugs, viruses, Trojan horses, or similar elements transmitted to or through the Services by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available via the Services.

Furthermore, we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We explicitly disclaim any involvement in or responsibility for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

20. LIMITATIONS OF LIABILITY

In no event shall we, or our directors, employees, or agents, be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. This includes, but is not limited to, lost profits, lost revenue, loss of data, or any other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

It is imperative to comprehend that the limitations set forth in this section are fundamental elements of the agreement between you and us. They reflect a fair and necessary allocation of risk, enabling us to provide the Services at their current pricing and terms. It is advised that you carefully consider the implications of these limitations and the potential consequences that may arise from your use of the Services.

21. INDEMNIFICATION

You hereby agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, initiated by any third party due to or arising out of the following:

  1. Your Contributions: Any content or material you provide.
  2. Use of the Services: Your engagement with the Services.
  3. Breach of these Legal Terms: Violation of the terms and conditions outlined herein.
  4. Breach of Representations and Warranties: Failure to uphold the assurances made in these Legal Terms.
  5. Violation of Third-Party Rights: Infringement upon the rights of a third party, including intellectual property rights.
  6. Overt Harmful Acts: Any deliberate harm towards another user of the Services with whom you connected via the platform.

It is essential to comprehend the breadth of your responsibilities outlined in this indemnification clause. Should any claim, action, or proceeding subject to indemnification arise, we reserve the right, at your expense, to assume exclusive defense and control. You are required to cooperate, at your expense, with our defense efforts upon notification of any such claim.

22. USER DATA

As custodians of the Services, we undertake the responsibility of managing and retaining specific data that you convey through the platform. This encompasses data essential for the optimal functioning of the Services and information germane to your utilization of the Services. Despite our regular implementation of routine data backups, it is imperative to acknowledge that the ultimate custodianship of all data you transmit or that pertains to any activities you undertake within the Services rests solely with you.

It is expressly agreed that we bear no liability for any loss or corruption incurred by such data. By utilizing the Services, you explicitly waive any right to take legal action against us stemming from any instances of data loss or corruption.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your interaction with the Services, including visiting the platform, sending emails, and completing online forms, constitutes electronic communications. By engaging in these electronic communications, you expressly consent to receiving communications from us electronically. This encompasses agreements, notices, disclosures, and other communications, both via email and on the Services. Such electronic communications fulfill any legal prerequisite necessitating written documentation.

By utilizing the Services, YOU AFFIRMATIVELY AGREE TO THE UTILIZATION OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS. Furthermore, you acknowledge and consent to the electronic delivery of notices, policies, and records pertaining to transactions initiated or completed through us or via the Services. In this regard, you willingly waive any rights or requirements stipulated by statutes, regulations, rules, ordinances, or other laws in any jurisdiction that might mandate an original signature, or the delivery or retention of non-electronic records. This includes provisions related to payments or the granting of credits, except when conducted through non-electronic means.

25. MISCELLANEOUS

These Legal Terms, along with any policies or operating rules posted on the Services, constitute the comprehensive agreement and understanding between you and us. Our failure to assert or enforce any right or provision within these Legal Terms does not relinquish that right or provision. These Legal Terms operate to the utmost extent permissible by law. At any time, we reserve the right to assign any or all of our rights and obligations. We bear no responsibility or liability for any loss, damage, delay, or failure to act resulting from any cause beyond our reasonable control.

If any provision or part of a provision within these Legal Terms is deemed unlawful, void, or unenforceable, such determination renders that specific provision or part of the provision severable from these Legal Terms. This separation does not impact the validity and enforceability of any remaining provisions.

No joint venture, partnership, employment, or agency relationship is established between you and us as a result of these Legal Terms or your use of the Services. You expressly agree that these Legal Terms will not be construed against us based on the fact that we drafted them. By using the Services, you hereby waive any defenses you may have concerning the electronic form of these Legal Terms and the absence of signatures by the parties involved to execute these Legal Terms.

26. CONTACT US

For the resolution of complaints related to the Services or to obtain additional information about the use of the Services, please reach out to us through the following contact details:

Yuu’s Email: [email protected]

Support Team’s Email: [email protected]

Detailed Contact Page: https://mochiyume.com/contact

Your concerns and inquiries are valuable to us, and we are committed to addressing them promptly and efficiently.

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