TERMS OF SERVICE

Version 1.0.0 (Effective date: April 1st, 2018)

Thank you for using Ikou! We hope you enjoy the experience and have established these Terms of Service (“Terms”) in order to ensure a positive experience for you and all of our users. Ikou provides mobile and web platforms (our “Service”). By using the Service, you agree to be bound by all of the terms and conditions set forth in these Terms. If you do not agree with these Terms, please do not use the Service.

We are constantly improving the Services, and will also continue to refine our Terms. Please check frequently for modifications to our Terms.

References to “Ikou” “We” or “Us” means Ikou which is a unit of Pangea Social Networks, LLC (“Pangea”). In all instances, references to “Ikou” “We” and “Us” includes employees, agents, consultants, officers and directors. Ikou is located at 150-0034 Tokyo, Shibuya, Daikanyamachou 20-23.

1. Using Our Service
You may NOT use our Service if:

  • You lack capacity to enter a binding contract with Us;
  • You are under 13 years of age;
  • You are a convicted sex offender;
  • You have previously been banned from using any Pangea app or service.
If you use our Service, you agree to be bound by the following Community Rules. We reserve the right to terminate your account and ban your use of the Service for violation of these rules:
  • Respect others at all times.
  • The use of the Services to bully, harass, defame, impersonate, spam or otherwise cause harm to other Users, is expressly prohibited.
  • Respect and abide all applicable laws. The use of the Services to conduct or support any illegal activity is expressly prohibited.
  • Do not use the Service to post pornographic, violent or hateful pictures.
  • Respect and abide applicable copyright law. Only post material that you have a right to post.
  • Please do not use any automated means to access the Service, attempt vulnerability tests of the Service, or attempt to access the accounts of other Users without their permission.

2. Privacy and Account Security

Our Privacy Policy is incorporated as part of our Terms of Service, and is subject to our Terms of Service, so we encourage you to read both documents carefully. By using the Service, you indicate your consent to this Privacy Policy and our Terms of Service. If you do not want to be bound by these agreements, we ask that you please not use the Service.

You agree to supply Us with accurate, complete, and updated information, including your email address.

You agree that you are solely responsible for maintaining the security of your Account. Don’t share your Account details with others or allow others to access or use your Account. You are solely responsible for any activity in your Account whether or not authorized by you.

You agree to tell Us immediately of any actual or suspected loss, theft, fraud, or unauthorized use of your Account or Account password.

3. Limited License
The Service:

The Service is comprised of works owned by Pangea, and it is protected by copyright, trademark, trade dress, patent and other US and non-US intellectual property and other applicable laws, rules or regulations. Pangea owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. These Terms do not grant you or any other party any right, title or interest in the Service or any content in the Service.

So long as you abide by these Terms and any other rules, Pangea grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms, to access and use the Service using a Pangea supported mobile device solely for your own non-commercial purposes. You agree not to use the Service for any other purpose.

If you violate these Terms, or any of Our other terms that apply to you, We may take action against you, up to and including permanently suspending your account. In addition, you may be breaking the law, including violations of Pangea’s intellectual property rights. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY PANGEA SERVICE IS A VIOLATION OF PANGEA POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Your Account:

Regardless of what anything else says in these Terms, or any other applicable terms, you do not own the Account that you create on Our Service, including in Our application, and your Account is not your property. Your account and any related items are owned by Us. Pangea gives you a limited license to use your account and the related items while We offer the Service.

WE MAY DELETE OR TERMINATE ACCOUNTS THAT ARE INACTIVE (I.E., NOT LOGGED INTO) FOR OVER 180 DAYS. IF YOU WANT US TO DELETE YOUR ACCOUNT, YOU CAN REFER TO OUR PRIVACY POLICY FOR INSTRUCTIONS ON HOW TO MAKE THAT REQUEST.

User Content:

If you transmit or upload User Content on the Service, you agree that it will be:

  1. accurate;
  2. not confidential;
  3. not in violation of the law;
  4. not in violation of contractual restrictions or other parties’ rights, and that you have permission from any other party whose personal or other information or intellectual property is contained within the User Content;
  5. free of viruses, adware, spyware, worms or other malicious code;
  6. in compliance with the Community Rules.

Your User Content will be processed by Us in accordance with our Privacy Policy.

You own your User Content, but you give Pangea a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, license to use your User Content and any modified and derivative works thereof in connection with the Service, including in marketing and promotions. To the extent allowed by applicable laws, you waive any moral rights you may have in any User Content (like the right to be identified as the author of the User Content or the right to object to a certain use of that User Content).

Pangea’s license to your User Content ends when you request deletion of your User Content by submitting a request to privacy@ikouapp.com in accordance with our Privacy Policy, with the following exceptions

  1. User Content submitted in response to Pangea promotions (which will be subject to the terms of the promotion);
  2. User Content either shared with others which they have not deleted or already used publicly as allowed under these Terms; and
  3. User Content subject to a separate license with Pangea (which will be subject to the terms of such license).

4. Interaction with Other Users

You are fully responsible for all interactions with other Ikou users. We are not obligated to intervene in any dispute or situation between you and any other user, though we reserve the right to do so.

We have no obligation to monitor User Content and We are not responsible for monitoring the Service for inappropriate or illegal User Content or conduct by other players. That said, We have the right, in our sole discretion, to edit, refuse to post, or remove any User Content.

We may also, at our discretion, in compliance with our Privacy Policy, choose to monitor and collection information regarding your interaction with the Service or your communications with Ikou or other users (including without limitation event messages) when you are using the Service.

We are not responsible for content provided by other users of the Service (for instance, in their profiles). However, if someone is violating these Terms or misusing the Service, please let Us know by using a "Report Abuse" link provided in the Service or contact Us at support@ikouapp.com.

5. Indemnity

By using the Services, you agree to indemnify, defend and hold harmless Ikou, including managing members, employees, shareholders and partners from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, legal fees and other expenses due to, arising from, or relating in any way to your access and use of the Services; your Content and Messages; and your breach of these Terms. If you are agreeing to these Terms on behalf of a business or entity, this indemnity obligation applies to that business or entity.

This indemnity will continue to apply even if you stop using the Service or your account is deleted.

6. Disclaimers

We try our best to make the Services run as smoothly as possible, but we cannot promise that the Services will always function as intended.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN ADDITION, WHILE IKOU ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY IKOU CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.

IKOU TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH IKOU WILL BE RESPONSIBLE FOR.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IKOU AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR POSTS, EVEN IF IKOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE RISK OF USING THE SERVICE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE AND EXTERNAL SITES.

IN NO EVENT WILL IKOU’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID IKOU, IF ANY, IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IKOU TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

8. Applicable Law, Arbitration, Class Waiver, and Jury Waiver

If you are having a problem with the Service or with Us, many such issues can be resolved through our Support department, whom you may contact at support@ikouapp.com.

Before initiating any formal legal action, you agree to first contact our Support team and engage in a good faith effort to resolve the dispute informally with Us. We also agree to engage in good faith efforts to resolve any disputes with You accordingly.

You and We mutually agree that all claims and disputes arising out of, relating to, or in connection with the Terms or the use the Services that cannot be resolved informally between you and Ikou support will be resolved by final and binding arbitration on an individual basis, except that you and Ikou are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. You and We mutually waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. You and We are instead electing to have all claims and disputes resolved by arbitration.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

The laws of the state of Missouri, United States of America will govern all disputes between you and Ikou.

The American Arbitration Association (AAA) will run the arbitration between you and Ikou, and AAA’s then-current rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can access AAA’s rules and procedures on their website www.adr.org or by calling them at 1-800-778-7879.

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. These Terms make up the entire agreement between you and Ikou, and supersede any prior agreements.

9. Changes to our Terms of Service
Ikou may modify or update these Terms of Service from time to time, so please review it periodically. We may provide notice to Users of modifications or updates to the Terms of Service by way of available means of communication as appropriate. Your continued use of the Service after any modification to these Terms of Service will constitute your acceptance of such modifications.

We welcome any feedback! If you have any questions or suggestions, please feel free to contact us at support@ikouapp.com.