1. Acceptance of Terms

Snack Software, LLC, a Delaware limited liability company (“Company,” “we,” “us,” or “our”), operates the Japanist website located at thejapanist.com and any related subdomains, mobile applications, and services (collectively, the “Service”).

BY ACCESSING, BROWSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TERMS”), INCLUDING OUR PRIVACY POLICY INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and the Company. We reserve the right to modify these Terms at any time in our sole discretion. Modifications are effective immediately upon posting. Your continued use of the Service after modifications constitutes acceptance of the modified Terms.

2. Eligibility

The Service is intended for users who are at least 16 years of age. By using the Service, you represent and warrant that:

• You are at least 16 years old
• You have the legal capacity to enter into a binding agreement
• You are not prohibited from using the Service under applicable law
• You will comply with these Terms and all applicable laws and regulations
• Your use of the Service will not violate any applicable law or regulation

If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

3. Account Registration and Security

Certain features of the Service may require account registration. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information to keep it accurate and complete
• Maintain the confidentiality of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access or security breach

You are solely responsible for maintaining the security of your account. The Company will not be liable for any loss or damage arising from your failure to comply with these security obligations.

We reserve the right to suspend, disable, or terminate your account at any time, with or without cause or notice, at our sole discretion.

4. User Content and License Grant

The Service may allow you to post, upload, submit, or transmit content, including but not limited to text, comments, reviews, photos, images, videos, and other materials (“User Content”). You retain ownership rights in your User Content, subject to the license granted below.

License Grant: By posting User Content, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, distribute, create derivative works from, and otherwise exploit your User Content in any media formats and through any media channels, now known or hereafter developed, for any purpose, including commercial purposes, without notice, attribution, or compensation to you.

Representations and Warranties: By posting User Content, you represent and warrant that:

• You own or have the necessary rights and licenses to post the User Content
• Your User Content does not infringe any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Your User Content does not contain defamatory, libelous, or unlawful material
• Your User Content complies with all applicable laws and regulations
• You have obtained all necessary consents from any individuals depicted in your User Content

We reserve the right to remove any User Content at any time, for any reason, without notice.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, regulation, or third-party rights
• Impersonating any person or entity, or falsely claiming affiliation
• Posting false, misleading, defamatory, or fraudulent content
• Harassing, threatening, stalking, or intimidating any person
• Posting content that is obscene, pornographic, violent, or promotes illegal activities
• Attempting to gain unauthorized access to the Service, accounts, or systems
• Interfering with, disrupting, or overloading the Service or its infrastructure
• Transmitting viruses, malware, or other harmful code
• Using automated means (bots, scrapers, crawlers) to access the Service without permission
• Collecting or harvesting user data without authorization
• Circumventing or disabling security features or access controls
• Reverse engineering, decompiling, or disassembling any part of the Service
• Using the Service to send spam or unsolicited communications
• Competing with the Company using information obtained from the Service
• Sublicensing, reselling, or commercially exploiting the Service without authorization
• Engaging in any activity that could damage, disable, or impair the Service

We reserve the right to investigate violations and take appropriate action, including terminating accounts, reporting to law enforcement, and pursuing legal remedies.

6. Intellectual Property Rights

The Service and its entire contents, features, and functionality, including but not limited to text, graphics, logos, icons, images, audio, video, software, code, data compilations, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. This license does not include any right to:

• Modify, copy, or create derivative works based on the Service
• Publicly display, publicly perform, or distribute any part of the Service
• Attempt to derive source code from the Service
• Download or copy account information for the benefit of another party
• Use data mining, robots, or similar data gathering methods

All rights not expressly granted are reserved by the Company. The Japanist name, logo, and related marks are trademarks of Snack Software, LLC. You may not use these marks without our prior written consent.

7. Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, you may submit a DMCA takedown notice to our designated agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material and its location on the Service
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

DMCA Agent: Snack Software, LLC
Submit a Contact Form

We may terminate accounts of users who repeatedly infringe copyrights. Counter-notifications may be submitted in accordance with 17 U.S.C. § 512(g).

8. Third-Party Content and Links

The Service may contain links to third-party websites, services, content, or resources (“Third-Party Content”). Third-Party Content is not under our control, and we are not responsible for:

• The content, accuracy, or availability of Third-Party Content
• The privacy practices or terms of service of third parties
• Any products, services, or information offered by third parties
• Any damage or loss caused by or in connection with Third-Party Content

YOUR USE OF THIRD-PARTY CONTENT IS AT YOUR OWN RISK. We encourage you to review the terms and privacy policies of any third-party sites you visit.

9. Travel Information Disclaimer

THE SERVICE PROVIDES GENERAL INFORMATION ABOUT JAPAN, INCLUDING EVENTS, FESTIVALS, TRAVEL TIPS, AND CULTURAL CONTENT, FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY.

ASSUMPTION OF RISK: Travel involves inherent risks. By using the Service for travel planning or information, you acknowledge and assume all risks associated with travel, including but not limited to:

• Event cancellations, schedule changes, or inaccurate information
• Weather conditions, natural disasters, and seasonal variations
• Transportation disruptions, delays, or cancellations
• Personal injury, illness, or property damage during travel
• Changes in local laws, regulations, or travel restrictions
• Currency fluctuations and economic conditions

We do not guarantee the accuracy, completeness, timeliness, or reliability of any information on the Service. Event dates, locations, and details may change without notice. Always verify information with official sources before making travel decisions.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SNACK SOFTWARE, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE
• COST OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE
• DAMAGES ARISING FROM ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICE
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• DAMAGES ARISING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE

AGGREGATE LIABILITY CAP: IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory, whether based on warranty, contract, tort, strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages. Some jurisdictions do not allow limitation of liability for personal injury or certain damages, so the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Snack Software, LLC, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your use of the Service or any activities conducted through your account
• Your User Content or any content you post, upload, or transmit
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any claim that your User Content caused damage to a third party
• Your negligent or wrongful acts or omissions

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with our defense of such claims.

13. Termination

Termination by Us: We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and all associated data
• All provisions of these Terms that should survive termination will survive, including intellectual property, disclaimer, limitation of liability, indemnification, and dispute resolution provisions

Termination by You: You may terminate your account at any time by contacting us or using account settings (if available). Termination does not relieve you of obligations incurred prior to termination.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Subject to the arbitration provision in Section 15, any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.

15.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules.

• Arbitration shall be conducted in Delaware or, at your election, in your county of residence
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• For claims under $10,000, you may choose whether the arbitration proceeds in person, by telephone, or based only on written submissions

15.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

15.4 Exceptions

Notwithstanding the above, either party may: (a) bring an individual action in small claims court for claims within that court's jurisdiction; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms. Your notice must include your name, address, email, and a clear statement that you wish to opt out of the arbitration agreement.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, severed from these Terms without affecting the validity and enforceability of the remaining provisions.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the Company.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

16.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.

16.7 Export Compliance

You agree to comply with all applicable export laws and regulations. You represent that you are not located in a country that is subject to U.S. embargo or that has been designated as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties.

16.8 Electronic Communications

By using the Service, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

17. Contact Information

If you have questions about these Terms, please contact us:

Snack Software, LLC
Submit a Contact Form