MAMMOTH PROJECT USAGE AGREEMENT

1. Application

  1. This Agreement defines the rights and responsibilities arising between our company (“Company”) and Registered Users (defined in Section 2) in connection with use of the Service (defined in Section 2). Such rights and responsibilities shall be held to apply to all transactions between the Company and Registered Users that arise from use of the Service.
  2. Any rules, regulations, or provisions that the Company posts to the Website (defined in Section 2) at any time in the future shall be considered part of this Agreement.

2. Terms

Terms used in this Agreement shall be defined as follows below:

  1. “Intellectual Property Rights” shall be defined as all copyrights, patent rights, utility model rights, trademarks, design rights, or other intellectual property rights (including those already obtained, and the right to apply for registration or other procedures associated with the selfsame rights).
  2. The “Website” shall be defined as those websites operated by the Company and located at the mmth.pro domain. In the event that, for any reason, the Website domain or content changes, the definition shall apply mutatis mutandis to the changed Website.
  3. “Registered Users” shall be defined as those individuals or entities, defined in Section 3, that have registered for use of the Service.
  4. The “Service” shall be defined as the service the Company provides under the name “Mammoth Project.” In the event that, for any reason, the Service name or content changes, the definition shall apply mutatis mutandis to the changed Service.
  5. “Usage Agreement” shall be defined as the contract for use of the Service in accordance with the rules and provisions described herein, arising between the Company and Registered Users based on the stipulations of Section 3, Article 3.

3. Registration

  1. Individuals or entities (“Registration Applicants”) wishing to register for use of the Service may apply for registration for its use by agreeing to comply with the terms of this Agreement and providing the Company, by the methods it indicates, with any information specified (“Registration Data”).
  2. The Company reserves the right to, in accordance with internal criteria or standards, accept or deny a Registration Applicant’s registration. In the event that the Company approves a Registration Applicant’s registration, the individual or entity shall be notified of that intent, after which time the Registration Applicant’s registration as a Registered User shall be considered complete.
  3. Effective immediately after registration is completed as defined in the clause above, the Company and the Registered User in question enter into a Usage Agreement for use of the Service in accordance with the rules and provisions of this Agreement. Registered Users shall thenceforth be able to use the Service through the methods the Company specifies.
  4. In the event that any of the conditions described below apply to an individual or entity applying for registration as stipulated in Clause 1 above, the Company reserves the right to deny that registration.
    • (1) All or part of the Registration Data provided the Company is false, in error, or any information was omitted;
    • (2) An individual is underage, an adult ward, or under conservatorship or curatorship, or the individual has not obtained consent from their legal representative, guardian, aide, curator, or limited guardian;
    • (3) If the Company determines that an applicant is engaged in activities against society (including but not limited to participation in, and/or membership in, crime syndicates or groups, right-wing factions, or other organizations engaging in acts against society), provides financial or other assistance to the continuation of said groups, cooperates or contributes to their operation or management, or otherwise interacts with or contributes to said groups;
    • (4) Any other reasons which the Company deems grounds for denying registration.

4. Changing Registration Data

In the event that some aspect of a Registered User’s registration data should change, the individual or entity should, by way of the methods the Company specifies, promptly notify it of those changes and provide any documents requested.

5. Password and User ID Management

  1. It shall be the sole responsibility of a Registered User to safeguard their password and User ID information. Registered Users shall not permit third parties to use said information, nor shall they lend, transfer, buy, sell, or change the name or names associated with that information.
  2. Registered Users shall be solely responsible for any damages associated with improper storage and maintenance, misuse, or third party use of the Registered User’s password and User ID. The Company shall not be liable for any aforementioned damages.
  3. In the event that a Registered User discovers theft or third-party use of their User ID or password, they shall notify the Company immediately and follow the appropriate instructions given.

6. Fees and Payment Methods

  1. Registered Users of the paid Service shall pay the prescribed fees, defined separately, for use of the Service.
  2. In the event that a Registered User’s payment for the paid Service is late, the Registered User shall pay a late fee to the Company equivalent to 10% of the yearly rate.

7. Using the Service

  1. During, and only during, the period which an individual or entity’s registration as a Registered User is active, that Registered User may use the Service by the methods stipulated by the Company, provided their activities fall within the scope of this Agreement and are not in contravention of its terms and conditions.
  2. Registered Users may not, in using the Service, engage in any of the activities described below:
    • (１) Infringing on the intellectual property rights, rights of likeness, privacy rights, or other rights and interests, including through slander, of the Company or other third parties or users (including direct infringement or actions indirectly bringing about such infringement);
    • (２) Illegal or related activities, or activities disturbing the public good;
    • (３) Transmitting information pertaining to sexual relationships and activities;
    • (４) Transmitting computer viruses or other harmful computer programs and data;
    • (５) Any activities obstructing, or that may obstruct, operation of the service;
    • (６) Any other activities the Company deems inappropriate.
  3. In the event that the Company determines a Registered User’s transmission of data on the Service violates any of the above, or may threaten to violate any of the above, the Company reserves the right to delete all or part of the data in question without prior notification to the Registered User. The Company waives all liability for any damages to the Registered User resulting from measures taken in connection with this clause.

8. Service Suspension

  1. The Company reserves, in any of the events below, the right to interrupt all of part of the Service without prior notification to the Registered User:
    • (１) Periodic or emergency maintenance or inspection of computer systems used in connection with the Service;
    • (２) Suspension of computer or communications lines or circuits owing to an accident or other unforeseen circumstances;
    • (３) Fires, blackouts, natural disasters, or other acts of God that render operation of the Service impossible;
    • (４) Any other reasons the Company deems sufficient for suspending or interrupting the Service.
  2. The Company reserves the right to stop providing the Service at its sole discretion. In the event of said stoppage, the Company shall notify Registered Users in advance of the event. The Company waives all liability for any damages to Registered Users resulting from measures taken in connection with this clause.

9. Notes on Downloading

Registered Users are responsible for taking adequate precautions when installing, activating, or otherwise using software or other data downloaded or otherwise transferred to the Registered User’s computer via the Website when beginning use of the Service or during use of the Service. The Company waives all liability for any change or deletion occurring to a Registered User’s data, or damage or breakage to a Registered User’s computer or other devices as a result of the aforementioned software or data.

10. Vested Rights

  1. All ownership rights and intellectual property rights associated with the Website and the Service shall vest to the company or entities licensing their materials to the company. The usage license arising from registration for the Service defined in this Agreement does not constitute a license agreement granting use of those intellectual property rights associated with the Website or Service and belonging to the selfsame entities.
  2. The Company may use (including but not limited to duplicating, copying, changing, or granting to a third party such as cloud business companies) for the purpose of data processing and holding data, without consent, any text, images, video, or other data a Registered User posts or transmits to the Website or Service. Based on the Privacy Policy, The company do not read, modify, disclose User data without user’s consent.

11. Revoking a Registration, Etc.

  1. In the event that a Registered User meets any of the conditions described below, the Company may temporarily suspend that Registered User’s use of the service, or revoke that Registered User’s registration, without prior notification or warning.
    • (１) Violating any of the clauses of this Agreement;
    • (２) If falsified information is discovered in a user’s Registration Data;
    • (３) If a user discontinues payment, becomes unable to pay, or notifies of commencement of bankruptcy proceedings, civil rehabilitation proceedings, company reorganization proceedings, special liquidation proceedings, or other similar proceedings.
    • (４) If a user does not utilize the Service for over 3 months and does not respond to inquiries from the Company.
    • (５) If any of the conditions in Section 3, Clause 4 should be found to apply;
    • (６) Any other reasons for which the Company deems the user’s continuation as a Registered User unsuitable.
  2. In the event that any of the above conditions should apply, the Registered User forfeits the benefit of time for any outstanding debts to the Company and shall immediately pay any such debts and obligations to the Company.
  3. The Company waives all liability for damages resulting to the Registered User as a result of actions taken by the Company in relation with this Section.
  4. Registered Users may cancel their registration as such by notifying the Company, through the methods it specifies, thirty days in advance of cancellation.

12. Limitation and exclusion of liability

  1. The Company makes no warranty regarding the Service. Even in the event that a Registered User obtains information about the Service, whether directly or indirectly, from the Company or another Registered User, the Company shall make no warranty to Registered Users that exceeds the scope of the provisions of this Agreement.
  2. Registered Users shall be solely responsible for investigating, at their sole discretion and expense, whether their use of the Service is in contravention of any laws, statutes, or industry group regulations which apply to the Registered User. The Company makes no warranty that the Service complies with particular laws, statutes, or industry group regulations to which the Registered User is subject.
  3. Registered Users are solely responsible for resolving any disputes, correspondence, or transactions that arise between them and other Registered Users or third parties through use of the Website or Service. The Company waives all responsibility for any such cases.
  4. The Company waives all liability for indemnifying Registered Users for any damage, breakage, or other consequence to their devices, or loss of data from use of the Service, including cancellation, deletion, or loss of a Registered User’s registration, messages, and other data, changes to the Service or changes hindering use, as well interruption, suspension, and stoppage of the Service.
  5. The Company waives all responsibility for third-party websites external to the Website, including any information contained therein, whether or not a link to said third-party website was provided on the Website, or whether a link to the Website was provided on said third-party website.

13. Dispute Resolution and Damage Compensation

  1. In the event that a Registered User violates the terms of this Agreement, or causes damage to the Company through use of the Service, that user shall pay the Company damages.
  2. The Company waives all liability for damages incurred by a Registered user through use of the Service. In the event that the exemption stated herein, or in any other clause, is rendered void through application of the Consumer Contract Act or any other reason, and the Company is obligated to pay damages to a Registered User, that amount shall not exceed the total fees collected from the user starting one year in advance of the date when damages arose and up to the present.

14. Non-disclosure Agreement

  1. “Confidential Information” is defined as all information pertaining to the technology, business, general affairs, financial affairs, organization, or other aspects of the Company and provided or disclosed to a Registered User in writing, orally, or by other media, or the selfsame information otherwise obtained by a Registered User. However, information that (1) At the time of provision or disclosure by the Company, or learned by the Registered User, was already public or known; (2) Is publicly disclosed by printed matter or otherwise, for reasons not attributable to the individual, after that information was provided or disclosed by the Company, or learned by the Registered User; (3) Is obtained, by legal means which supercede non-disclosure duties, from a third party with the power to disclose or provide such information; (4) Is independently developed and not derived from Confidential Information; and (5) Is indicated by the Company, in writing, as exempt from non-disclosure obligations, shall be exempted from Confidential Information.
  2. Registered Users shall use Confidential Information only for the purposes of using the Service. In addition, Registered Users shall not provide, disclose, or leak Confidential Information belonging to the Company to third parties without prior written consent from the Company.
  3. The provisions of Clause 2 above notwithstanding, Registered Users may disclose Confidential Information in order to comply with an order, request, or appeal by law, a court, or government body. In the event that such an order, request, or appeal is received, the Registered User shall notify the Company immediately.
  4. If a Registered User receives a request from the Company to return or dispose of Confidential Information, including written materials or other recorded media listing or containing Confidential Information, the Registered User must comply with such a request immediately, regardless of when it was received.

15. Contract Duration

This Agreement (usage agreement) shall remain valid between the Registered User and the Company while the Service is in effect, from the day a Registered User’s registration is completed as defined in Section 3 to the day the Registered User cancels that registration.

16. Changes to this Agreement

  1. The Company may freely change the content of the Service at any time.
  2. The Company reserves the right to change this Agreement (including Service rules and provisions listed on the Website, as well as any Sections below). In the event that the Company changes this Agreement, it shall notify Registered Users of the nature of those changes. If a Registered User user the Service after said notification and does not cancel registration within a period of time specified by the Company, that Registered User shall be considered to have consented with the changes to this Agreement.

17. Correspondence/Notifications

All inquiries and other correspondence and notifications concerning the Service sent by Registered Users to the Company, and all correspondence and notifications regarding this Agreement or other subject, sent by the Company to Registered Users, shall be conducted by methods specified by the Company.

18. Transfer of this Agreement

  1. Registered Users may not transfer, move, loan, or otherwise transact with a third party, their status as described in the usage agreement, nor their rights and responsibilities vis-à-vis this Agreement, without prior written consent from the Company.
  2. In the event that the Company transfers, to another firm, the business connected with the Service, the Company reserves the right to transfer all status defined in the usage agreement, any rights and obligations, as well as Registered Users’ registration details and other client information defined in this Agreement, to the transferee. Transfer of business defined in this clause includes not only standard transfers of business, but any other cases including but not limited to split-up of the company and change of business.

19. Severability

In the event that the Consumer Contract Act or other law, statute, or regulation renders any Section or part of a Section of this Agreement invalid or inapplicable, the remaining parts of this Agreement, or the remaining part of the provision rendered invalid or inapplicable, shall remain valid and in effect. In such an event, the Company and Registered Users shall take measures to ensure that the Section, Clause, or part therein retains its intended objectives, legal effectiveness, and financial effectiveness by amending it as necessary to render it applicable and legal.

20. Continuation of Provisions

The provisions of Section 5, Clause 2; Section 6 (only in the event of nonpayment); Section 9; Section 10; Section 11, Clauses 2 and 3; Sections 12 through 14, Section 18; Section 19; Section 21 shall remain in effect after conclusion of the license agreement. However, Section 14 shall only remain in effect within one year after conclusion of the license agreement.

21. Governing Law and Court Jurisdiction

This Agreement is governed by the Law of Japan. The Tokyo District Court shall be the court of first instance having exclusive jurisdiction by agreement over any disputes arising from or in connection with this Agreement.

22. Negotiation Settlement

In the event that any dispute or doubt should arise in the interpretation of this Agreement or any terms not covered herein, the Company and Registered User in question shall mutually pursue a good-faith consultation to arrive at a swift resolution.

　　　　
Effective: Augsut 26, 2012
Revised: May 2, 2017
Revised: May 25, 2018
Revised: June 19, 2018