Terms of Service

Shangri-La, LLC. (the “Company", “we", “us") has established the following terms of service (the "Terms") in order for you to use “ombus5" and other services operated by the Company (the “Service"). If you create an account required to use the Service or use the Service, you are deemed to agree to the Terms.

Article 1 (Purpose of the Service)

This Service enables you to create your own language of the world and aims to make the world richer by eliminating language barriers and limitations.

Article 2 (Scope of the Service)

• This Service provides you with a platform for language creation.
• The "Certification Mark Granting Service" provided as part of this Service is a service by which the Company verifies your identity and displays it as proof that the contents posted are yours. In order to verify your identity, the Company will ask you to provide copies of your identification documents such as your My Number Card, driver's license, and passport.
• The Company may modify the contents of the Service or discontinue the provision of the Service without notice to you and shall not be liable for any damages caused to you thereof.

Article 3 (Service Fee and Payment Terms)

• There is no charge for posting words or similar actions in part of this service.
• When you place an advertisement on the Company platform, you pay a fee separately determined by us in a manner designated by us.

Article 4 (ID and Password)

• You set up your own ID and password for this Service.
• You are solely responsible for the use and management of your ID and password and you shall not allow any third party to use or transfer your ID and password.

Article 5 (Matters to be Observed and Approved)

• You shall be solely responsible for the results of your posting, listing, displaying, or providing (collectively "provide") through the use of the Services (which means any and all acts through posting, listing, displaying, or providing or through other means, including mere access to the Services, collectively "Use") that are derived from the content, images, videos, and other information ("Information") posted, listed, displayed, or provided by you;
• In the event that you cause damage to a third party in the use of the Service, the you shall compensate for such damage at its own responsibility and expense and shall settle any dispute with such third party without causing any inconvenience to the Company;
• The Company shall not be liable for any damages suffered by you in connection with the use of the Services, unless such damages are caused by the willful misconduct or gross negligence of the Company;
• In the event you violate the Terms and causes damage to the Company, the Company may claim compensation for damage from you;
• Where you violate any provision of the Terms, the Company may, without giving prior notice to you, delete the Information provided by you or take any other necessary measures; and
• The Company shall not support, represent, or guarantee the accuracy, completeness, legality, etc., of Information provided by you through the Services or Information otherwise provided by a person other than you. Furthermore, the Company shall not be responsible for the possibility that the use of the Services may cause you to come into contact with uncomfortable, harmful, inaccurate, or inappropriate information, or even in the event that any damage is caused to you or other third parties as a result thereof.

Article 6 (Prohibitions)

When using the Services, you shall be prohibited from engaging in the following acts. The Company may delete postings or suspend use of accounts if the Company judges that your act falls under any of the following:

• Conduct that infringes or may possibly infringe upon the rights or property of the Company (including officers and employees of the Company), other users, or third parties;
• Conduct that disparages the Company (including executives and employees of the Company), other users, or third parties, or conduct that disparages or defames products or services thereof;
• Conduct that infringes privacy by posting personal information such as the name, telephone number, and address of other users or third party;
• Discrimination or conduct that promotes discrimination against race, ideas, beliefs, etc.;
• Any act to use or reproduce the information, etc. provided by the Service beyond the scope of the purpose of personal use;
• Unless otherwise specified, any act to use for profit any Information obtained from the Services;
• Transmitting or writing content containing code, files, or programs of software, viruses, or other computers designed to interfere, destroy, or restrict the functioning of computer software, hardware, or communications equipment;
• Conduct that infringes or may possibly infringe upon the intellectual property rights (including copyrights, patents, utility model rights, design rights, trademark rights, know-how, and any other intellectual property rights, as well as the right to receive the same; the same shall apply hereinafter) of the Company (including officers and employees of the Company) or any third party;
• Conduct that may cause disadvantage to the Company (including officers and employees of the Company), other users, or third parties;
• Conduct that is or may be contrary to public policy or laws and regulations;
• Conduct that involves the provision of harmful, indecent, or violent Information or Information containing descriptions thereof;
• Acts that lead to or are likely to lead to criminal acts;
• Acts that other users or third parties may feel uncomfortable, such as malicious acts or discriminatory acts;
• Acts that interfere with the operation of the Services or that damage the reputation of the Company (including officers and employees of the Company);
• Conduct that involves the provision of Information etc. to others through the use of false personal information or spoofing, etc.;
• Any act to publish false or untrue contents or mere rumors or content that encourages rumors rumors;
• Any act to alter all or part of the contents transmitted by the Company; and

• Any other act that the Company determines to be inappropriate.

Article 7 (Emergency Suspension of Services, etc.)

• The Company may stop or suspend the use of the Services, in whole or in part, without prior notice to you in the event of any of the following:
  • In the event of any unavoidable failure in the maintenance of the Services and other systems necessary for the provision of the Services, maintenance or construction of telecommunications facilities, or in the event of any unavoidable failure thereof;
  • Where it is difficult or deemed difficult for the Company to provide normal Services due to the significant burden or impediment to the Services;
  • Where the Company acknowledges the possibility that you or a third party, etc., may suffer substantial damage by providing the Services, such as data falsification and hacking;
  • When it has become difficult to provide the Services due to the suspension of the provision of telecommunications services by the telecommunications carrier or domestic or overseas telecommunications entities, power supply services by electric power companies, or other public services;
  • When an emergency has occurred or is likely to occur due to an earthquake, tsunami, typhoon, lightning strikes, epidemic, or other natural disaster, war, civil war, enactment, revision or abolishment of laws or regulations, or other force majeure events; or
  • In the event the Company determines that it is necessary to suspend or immediately suspend the provision of the Services.
• The Company shall not be responsible for any damages incurred by you as a result of measures taken pursuant to the preceding clause.

Article 8 (Handling of Intellectual Property Rights)

• You reserve the right to any content which you send, post or display on or through the Services.
• You shall not use (reproduce, sell, publish, disclosure, etc.) any information contained in the Services beyond the scope set forth in laws and regulations without obtaining the consent of the rights holder.
• In the event you transmit information on the Services, you shall grant the Company the right to use such information protected by intellectual property rights free of charge (processing, extraction, reproduction, publication, translation, etc.) on a non-exclusive and worldwide basis, and shall not exercise any intellectual property rights, such as the copyright (including the right to secondary works) and the moral rights of the author, etc., relating to such information to the Company.
• In the event you have caused a problem with a third party such as the right holder, in violation of any of the preceding paragraphs, such problem shall be solved on your own responsibility and at your own expense.

Article 9 (Report of Infringement of Rights)

The Company reserves the right to delete any Information that violates the Terms (infringement of copyright or trademark rights, or other misappropriation of intellectual property rights, impersonation, tort, or harassment). Reports of violations by legitimate rightholders should be sent to info@ombus5.com.

Article 10 (Limitation of Liability)

• You agree to access and use the Services at your own responsibility. You acknowledge and agree that the Services are provided "as is".
• The Company shall not make any representations and warranties and shall not liable whatsoever as to
  • the completeness, accuracy, availability, timeliness, safety or reliability of the Services;
  • damage to your computer system, loss of data, or other damages resulting from access to or use of the Services;
  • failures to delete or store or transmit content or other communications maintained by the Services; and
  • whether the Services meet your requirements and is usable uninterrupted, safely or error-free.
• In the event any dispute arises between the users or between you and a third party in connection with the Services (including, without limitation, any dispute related to information transmitted by the user), you shall settle such dispute on your own responsibility and the Company shall not be responsible.
• The Company shall indemnify you for normal and direct damages actually incurred by you due to a direct cause as a result of the Company's breach of any of the obligations set forth in the Terms; provided, however, that the aggregate amount of such compensation shall not exceed 10,000 yen. Within the scope of the preceding, the Company shall not be liable for any damage arising from any cause not attributable to the Company, any damage arising from special circumstances, whether or not anticipated by the Company, or any loss of profits, within the limits of indemnity and liability based on the Company's responsibility.

Article 11 (Elimination of Anti-social Forces)

• You and the Company shall guarantee to the other party that at this point in time, they or their officers or employees are not organized crime groups, organized crime group members, persons for whom five years have not passed since they ceased to be organized crime group members, quasi-organized crime group members, organized crime group-related companies, sokaiya, etc., social movement groups, special intelligent violent groups, etc., or any other person equivalent thereto ("Organized Crime Group Member, etc."), and that they will not fall under any of the items above and will not fall under any of them in the future.
  • Having a relationship in which an Organized Crime Group Member, etc. is found to control management;
  • Having a relationship in which an Organized Crime Group Member, etc. is found to be substantially involved in management;
  • Having a relationship in which it is found to be unjustly using an Organized Crime Group Member, etc., for the purpose of acquiring a wrongful profit for itself or a third party, or for the purpose of causing damage to a third party;
  • Having a relationship such as providing funds, etc. or providing convenience to an Organized Crime Group Member, etc.; and
  • An officer or a person who is substantially involved in management has a socially reprehensible relationship with an Organized Crime Group Member, etc.
• If, contrary to the representations and covenants set forth in the preceding paragraph, it is found that the counterparty or any officer or employee of the counterparty falls under the category of an Organized Crime Group Member, etc., or any one of the items set forth in the preceding paragraph, you or the Company may immediately cancel the contract based on the Terms without any notice.

Article 12 (Governing Law and Jurisdiction)

• The Terms shall be governed by the laws of Japan.
• Any dispute arising in connection with the Service shall be settled at the Tokyo District Court, which shall assume jurisdiction as the court of first instance.

Article 13 (Scope and Amendment)

The Company may amend the Terms without prior approval from you and subsequent notice, and the Terms shall become effective as of the time when the amended Terms are displayed on the Company's website or app. The amended Terms shall apply to any information submitted before such amendment (including comments from you).

Date: September 1, 2022