Arbitration Terms of Service
Version 20180813.1
The following terms and conditions govern use of the arbitration service ("The Service") provided by KK Social Minds ("The Company") for Realitio, an open-source question answering system on the Ethereum network. You must agree to these terms and conditions to use The Service. If you do not agree to these terms and conditions, please do not use The Service.
1) About these Terms of Service
- The Company may post individual and/or additional provisions ("Additional Provisions") on the official website, etc. You shall observe such terms of use or provisions in the same manner as with this Terms of Service. In the event that these Terms of Service should conflict with Additional Provisions, these Terms of Service will take priority.
- These Terms of Service and any Additional Provisions ("The Terms of Service etc") may be changed by The Company without prior notice to The User.
- If The User continues to use The Service after the Terms of Service etc have been changed, The User will be deemed to have consented to and agreed to be bound by the revised Terms and Conditions.
- The Service may contain links to third party websites that are not owned or controlled by The Company. Please use other websites to which we may link to in accordance with their Terms of Service.
2) About The Company's arbitration service for Realitio
- When registering questions with Realitio, an open-source decentralized application on the Ethereum network, The User may choose the address of The Company's arbitration contract on the Ethereum network to act as arbitrator.
- The User may pay a fee for dispute resolution, by sending payment to The Company's arbitration contract.
- If no fee is paid, The Company is under no obligation to arbitrate.
3) Payment
- The User may request arbitration by sending the appropriate fee to The Company's arbitration contract, such that it automatically notifies the Realitio contract.
- The Company will consider the available evidence and notify the Realitio contract of what The Company considers to be an appropriate result.
- The Company may also levy a fee for asking a question in which it is selected as the arbitrator, to be charged automatically by the Realitio contract when the question is asked.
- Fees are non-refundable.
- Fees may change without notice at The Company's sole discretion.
4) Prohibited uses of The Service
The following uses of The Service are prohibited. In the event that prohibited use is detected, The Company may take whatever steps it judges appropriate, including terminating your use of The Service.
- Infringement of intellectual property, whether it belongs to The Company or a to third party.
- Slander or defamation, whether of The Company or of a third party.
- Actions causing or liable to cause damage to property, whether belonging to The Company or a third party.
- Actions causing financial damage to the assets of The Company or a third party.
- Harrassment or threatening behaviour towards The Company or a third party.
- Transfer of rights afforded by this agreement to a third party.
- Use of The Service for illegal purposes.
- Other actions The Company may judge inappropriate.
5) Absence of guarantees
The Company provides no guarantee of the correctness or accuracy of a judgement described in Sections 2 and 3. The Company considers it the responsibility of The User to check any information the service may provide, and to take such steps as are necessary to prevent loss or harm in the event that The Company should publish incorrect judgements.
6) Use of content
- The User may only use content provided by The Service to the extent permitted by The Company.
- The use of The Service does not grant The User any right or title over patents, utility model rights, design rights, trademarks, copyrights or other intellectual property belonging to The Company.
- Duplication, transmission, transfer (including between users), loan, translation, adaptation, reproduction, secondary use, commercial use, modification, dissassembly, decompilation, reverse engineering etc are prohibited unless expressly permitted.
7) Liability
- The Company assumes absolutely no responsibility or liability for The User's computer or network.
- The Company is not responsible for any damages for alteration, interruption or termination of The Service.
- The Company takes no responsibility for the legality, morality, trustworthiness or accuracy of any website which may be linked from The Service.
- The Company is not responsible for any loss or harm related to or resulting from the use of The Service, either directly or indirectly, and assumes no responsibility for damages.
- The Company shall be under no liability for compensation for consequential damage, including indirect damage and lost profits, either to The User or to a Third Party. The Company will consider that it has already advised The User of the possibility of loss related to its use of The Service.
- Article 4 above will not apply to damages that result from intentional acts or gross negligence on the part of The Company, or to the extent prohibited by the Consumer Contract Act.
- The sum of any and all damages due to The User arising from use of The Service will not exceed the sum of 10,000 Japanese Yen.
- In the event that The User causes damages on a third party or becomes involved in a dispute with a third party, The User will avoid causing damage or inconvenience to The Company, and take responsibility for any legal fees and damages necessary for the settlement of such claims.
- The User will assume responsibility for any and all loss or damage they may cause to The Company, including court expenses and legal fees.
8) Advertising
The User agrees that advertisements may be displayed as part of The Service, the type and extent of which will vary at the discretion of The Company.
9) Service provision and interruption
- The Company may cease to provide The Service at any time at its sole discretion.
- The Company may interrupt The Service at any time without notice for maintenance or other purposes, and may alter The Service at its sole discretion.
- The Company provides no guarantee that The Service will not be subject to interruption, termination or other impediment.
10) Changes to the Terms of Service
The Company may alter these Terms of Service at any time at its sole discretion. If the Terms of Service is altered, the revised agreement will have effect over all matters pertaining to The Service.
11) Severability
Should any provision of these Terms of Service be found to be invalid or unenforceable, whether deemed in contravention of the Customer Contract Law or as a result of any other law or ordinance, the remaining provisions, and any surviving part of the provisions that were found invalid or unenforceable, will remain in full force and effect.
12) Governing law
These terms and conditions are governed by and to be construed in accordance with the Japanese law.
13) Jurisdiction
Any disputes between The User and The Company shall be subject to the exclusive jurisdiction of the Tokyo District Court.