Effective February 27, 2017
Access to or continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
The Services are controlled and operated by TOM from its offices in Japan. However, portions of the Services are targeted for users located in the United States of America. TOM makes no representation that content available on or through the Services are appropriate or available for use in locations other than Japan and the United States of America. Those who choose to access or use the Services from locations other than Japan and the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the practice of the Services are illegal, unauthorized or penalized, is strictly prohibited. If access to any content made available on or via the Services by you shall give rise to any liability for TOM outside of Japan or the United States of America or require that TOM obtain any licenses for activities outside of Japan or the United States of America, then you are expressly prohibited from using or accessing the Services through any means or channel.
"Project Owners" shall mean to those raising funds through the Services, and their fundraising projects are referred to as "Projects." Projects consist with "All-or-Nothing" type and "Keep it All" type of campaigns, as more described here.
"Backers" shall mean those contributing funds for Projects, and the funds they contribute are referred to as "Pledges."
"Users" shall mean Project Owners, Backers and other visitors to the Services, collectively or respectively.
"Rewards" shall mean gifts or benefits offered by Project Owners to Backers in the form of tangible items or intangible services specified in respective Project.
Rewards are not offered for sale. TOM makes no representations about the quality, safety, morality or legality of any Project, Reward or Pledge or the truth or accuracy of User Content (as defined below) posted on the Services. TOM does not represent that Project Owners will deliver Rewards or that Pledges will be used as described in the Project. Users use the Services at their own risk.
Users under 18 years of age are not eligible to use the Services. Users suspended from using the Services are not eligible to use the Services. TOM reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove or suspend any Project, Pledge, or the Services at any time for any reason without liability.
Project Owners are not permitted to create a Project :
Project Owners shall not, in connection with their Projects:
Project Owners are not permitted to offer or provide any of the following as a Reward:
The Services are not a place for hatred, abuse, discrimination, disrespect, profanity, meanness, harassment, or spam. Do not:
TOM reserves the right to remove Projects and terminate User Accounts for such activities.
Project Owners are not permitted to do any of the following with Project images:
Project Owners are legally bound to perform on any promise and/or commitment to Backers (including delivering Rewards). TOM does not recognize any third party and/or agency affiliated with the Project as a Project Owner. If a Project Owner is unable to perform on any promise and/or commitment to Backers, the Project Owner will work with the Backers to reach a mutually satisfactory resolution, which may include the issuance of a refund of Pledges by the Project Owner. TOM is under no obligation to become involved in disputes between Project Owners and Backers, or Users and any third party. In addition, TOM is under no obligation to become involved in disputes regarding the determination of the rightful Project Owner, and will not be obligated to make any changes to Project Owner accounts or transfer of ownership. In the event of any dispute, such as a Project Owner's alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, we may provide the Project Owner's contact information to the Backer so that the two parties may resolve their dispute.
All information submitted in connection with a User account on the Services (each, a "User Account") must be accurate and truthful. Users agree to notify TOM immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information TOM may reasonably request and to answer truthfully and completely any questions TOM might ask you in order to verify such User's identity.
TOM grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User's eligibility and continued compliance with the Terms.
Project Owners are permitted to offer Rewards to Backers. Project Owners are legally bound to perform on any promise and/or commitment to Backers (including delivering any Rewards). This commitment includes shipping Rewards to Backers before fulfilling any orders received after the Project has ended. Project Owners will respond promptly and truthfully to all questions posed to them by any Backer. If any Project Owner is unable to fulfill any of its commitments to Backers (including delivering any Rewards), the Project Owner will work with the Backers to reach a mutually satisfactory resolution, which may include refunding their Pledges. Project Owners will comply with all applicable laws and regulations in the use of Pledges and delivery of Rewards. Project Owners are responsible for collecting and remitting any taxes on Pledges, and any taxes due in connection with Rewards. TOM may attempt to verify the identity and other information provided to us by Project Owners, and we may delay, withhold, reverse or refund any Pledges or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction. Project Owner eligibility is subject to TOM’s review of the fulfillment status of prior crowdfunding obligations. TOM reserves the right to prohibit or remove a Project if the Project Owner is delayed by three months or more in fulfilling a prior crowdfunding project on Tokyo Mirai Mode or another platform. Project Owners will be collecting personal information from Backers, including their name, mailing address, telephone number, and email address. Project Owners shall be responsible for keeping those information in confidence , and shall not disclose to, or allow access from any third party. Project Owner shall not use Backers’ personal information, other than for fulfilling its commitments to Backers.
Backers are solely responsible for asking questions and investigating Project Owners and Projects to the extent they feel is necessary before making a Pledge. All Pledges are made voluntarily and at the sole discretion and risk of the Backer. TOM does not guarantee that Pledges will be used as promised, that Project Owners will deliver Rewards, or that the Project will achieve its goals. TOM does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Project, Reward or Pledge, or the truth or accuracy of User Content posted on the Services. Backers are solely responsible for determining how to treat their Pledges and receipt of any Rewards for tax purposes. If a Pledge is returned to a Backer, the associated Rewards, if any, shall be canceled.
Setting up an account on the Services is free. Unless otherwise expressly indicated on the Services, we charge our Service fees to Project Owners as a portion of the Pledges they raise (the "Service Fees"). By using the Services, Project Owners agree to our Service Fees to be provided by TOM. Changes to Service Fees are effective after we post notice of the changes on the Services. Updated Service Fees are applied to Projects launched after the notice is posted.
Backers can cancel and change their Pledges at any time during the Projects, with one exception. During the last 24 hours of the Project, Backers can’t decrease or cancel their Pledge without contacting Project Owner first — if that action would drop the Project below its funding goal. For Projects that have entered the All-or-Nothing program, Backers are eligible for refunds if the Project does not succeed. Provided, however, ACTUAL AMOUNT OF REFUNDS TO BE RECEIVED BY BACKERS OF SUCH NON-SUCCEEDED PROJECTS MAY NOT BE THE SAME AS THE AMOUNT CONTRIBUTED BY BACKERS WHEN MAKING PLEDGES. BACKERS ACKNOWLEDGE THAT LOSS FROM FOREIGN EXCHANGE OPERATIONS SHALL BE BORNE BY BACKERS, AND TOM SHALL NOT BE RESPONSIBLE FOR ANY OF SUCH LOSS.
Taxing authorities may classify funds raised on the Services as taxable income to the Project Owner and any beneficiary who will receive funds directly from the applicable Project. TOM will ask for the tax identification number (TIN) of Project Owners and any beneficiaries so that we may report taxable income to the relevant taxing authorities. TOM will provide Project Owners with a tax document if required by the relevant taxing authorities.
While using the Services, Users may post photos, videos, text, graphics, logos artwork and other audio or visual materials (collectively, "User Content"). Users grant TOM a perpetual, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and TOM, Users continue to hold all ownership interest in their User Content. Each User represents and warrants that its User Content and our use of such User Content will not infringe any third party's intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity or otherwise violate these Terms or applicable law.
The Services allow you to send to Project Owner private messages about Projects and/or post comments on the Services about Projects that will be publicly viewable by other Users (collectively, "Project Feedbacks"). In each case, by sending or posting Project Feedbacks, you hereby grant the applicable recipient(s) a non-exclusive, perpetual (for the duration of any copyrights), irrevocable, transferable, sublicensable, worldwide and royalty-free license to use, reproduce, create derivative works of, publicly display and perform, distribute, adapt, modify, combine with other materials or content and otherwise use and exploit your Project Feedback.
Project Owners may not offer any contest, competition, giveaway, sweepstakes or similar activity (each, a "Promotion") on the Services without TOM's prior written permission (which may be granted or withheld by TOM in its sole and absolute discretion). Subject to and upon any such permission, each Project Owner offering any Promotion further acknowledges and agrees that: (a) such Project Owner shall be solely responsible for all facets of each such Promotion; (b) such Promotion does not require any Pledge or other payment of any amount as the sole method of entry into such Promotion; and (c) the official rules for such Promotion shall include clear and conspicuous language to the effect that: (i) TOM does not sponsor, endorse or administer the Promotion; (ii) each participant or entrant in the Promotion releases TOM from any and all liability; and (iii) all questions concerning the Promotion must be directed to the Project Owner and not to TOM.
Credit card payment processing services for Project Owners on the Services are provided by Stripe, Inc. ("Stripe") and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By continuing to operate as a Project Owner on the Services, 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 to TOM enabling credit card payment processing services through Stripe, you agree to provide TOM accurate and complete information about you and your business, and you authorize TOM to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.
Each User agrees to defend, indemnify and hold harmless TOM, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. TOM may assume the exclusive defense and control of any matter for which Users have agreed to indemnify TOM and each User agrees to assist and cooperate with TOM in the defense or settlement of any such matters.
TOM has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER'S OWN RISK.
For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: "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." Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
TOM (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO TOM FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
For jurisdictions that do not allow TOM to limit its liability: Notwithstanding any provision of the Terms, for Users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then TOM's liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, TOM does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by TOM without restriction or consent.
Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but TOM may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Users agree that: (a) the Services shall be deemed solely based in Oregon (the principal place of business; and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over TOM, either specific or general, in jurisdictions other than Oregon. This Agreement shall be governed by the laws of the State Oregon, without respect to its conflict of laws principles.
TOM and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. TOM and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that TOM asserts against User, and that User asserts against TOM, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against TOM, a User must send a written notice requesting arbitration and describing the claim to TOM, 3219 NW Guam Street, Portland, OR, USA, 97210, Attn: Chief Executive Officer. The arbitration will be conducted by the American Arbitration Association (AAA) under the rules applicable to the claim asserted, including but not limited to the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. TOM will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Portalnd, Oregon is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in Portland, Oregon. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the non prevailing party all of its reasonable attorneys’ fees and costs.
Project Owners and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. TOM merely provides a technology platform to allow Project Owners to connect with Backers. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.
TOM makes no representations, warranties or other assertions as to the potential tax deductible status of any Pledge by a Backer to a charitable cause or to a Project whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains currently deemed—a charitable or tax-advantaged organization by the Internal Revenue Service.
In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall prevail.
Users agree TOM may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.
Consistent with our culture of open innovation, we are always pleased to hear from our user community and welcome comments or suggestions to improve the Services. However, to avoid future misunderstandings when new products, services and features developed internally by TOM might be similar or even identical to a submission received by TOM, the following policy applies to all third party User submissions to TOM of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) TOM will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) TOM will not be liable for any use or disclosure of any submission; and (d) TOM shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without compensation to the third party submitting User.
These Terms are the entire agreement between each User and TOM regarding its subject matter. If any provision of these Terms are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. TOM's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
TOM respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services. TOM’s intellectual property policy is to (a) remove or disable access to Content or materials that TOM believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Content posted to the Services by "repeat infringers." TOM considers a "repeat infringer" to be any user that has uploaded User Content to the Services and for whom TOM has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. TOM has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon TOM’s own determination.
If you believe that any Content accessible on or through the Services infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
If you receive a notification from TOM that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide TOM with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to TOM’s Designated Agent through one of the methods identified in Section 18.4, and include substantially the following information:
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
The services hereunder are offered by Tokyo Otaku Mode Inc., located at 3219 NW Guam Street, Portland, OR, USA, 97210. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. The preceding Japanese phone number is not a toll free number and international calling rates may apply if calling from the United States.