Terms of Use

sokasokasoka Terms of Use.

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING SOKASOKASOKA, PLEASE READ THEM CAREFULLY BEFORE YOU USE SOKASOKASOKA.

Last updated: June 4, 2010

1. Acceptance of Terms. The kurt.sauer.us website (named “sokasokasoka” and referenced collectively as the “Blog”) is provided by Kurt Sauer (“we”, “us”). Your use of the Blog is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplement any additional guidelines or other terms posted by Us in relation to specific Blog-related services or content.

We reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website.  Visitors to the Blog (“you”, or “Bloggers”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend at the top of the Agreement.  By using this Blog, you agree to be bound by the version of the Terms of Use then in effect. We advise you to print them and retain a copy of this Terms of Use in hard copy as a record.

We may deny service to you at any time and in our sole discretion, including, in the event you do not adhere to the Terms of Use, including the Blog Community Rules set forth below.

2. Purpose of the Blog. The purpose of the Blog is to discuss items of personal interest to Kurt Sauer.

3. Submissions.

We welcome you to post ideas and views to the Blog, subject to your agreement to comply with the Terms of Use. Please be aware that in order to operate the Blog or redistribute materials you post to the Blog or otherwise submit to us, we require certain rights in those materials. So, by posting to the Blog or otherwise transmitting comments, pieces, ideas or other information in any form including visual or audio data (collectively “Submissions”) to us, you grant us an our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including any moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also permit any Blogger to access, display, view, store and reproduce such Submissions for personal use.

You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content.  If we republish your content, we may provide authorship credit by listing your name as well.

Although we have no obligation to monitor the Submissions, you acknowledge and agree that we may do any or all of the following: (a) monitor the Submissions; (b) alter, edit, or remove any Submission in whole or in part; or (c) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.

4. Blog Community Rules. We have adopted the “Blog Community Rules” set forth below to create a forum where information and views can be shared in a productive way. While using the Blog, you agree to adhere to the Blog Community Rules below.

You agree to:

  • Respect other Bloggers. Please do not threaten, insult, abuse, intimidate or harass other Blog users.
  • Use the Blog for your personal use only. Posting entries for commercial gain are not allowed unless we give you explicit consent.

You agree not to:

  • Post any private information, or otherwise harvest, collect or disclose information, about another Blogger without his or her express consent.
  • Post any content to the Blog that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harases particular individuals or groups.
  • Post any death threats.
  • Post any content to the Blog that infringes any third party’s intellectual property or other rights.
  • Use the Blog for any unlawful purpose, or transmit or otherwise make available in connection with the Blog any material that would give rise to criminal or civil liability.
  • Use the Blog for advertisements, chain letters, “spamming”, survey solicitations, junk mail or solicitations.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Imply that we endorse any of your statements or positions.
  • Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms or web bugs) through or to the Blog, or otherwise “hack” or deface any portion of the Blog.
  • Frame or mirror any part of the Blog without our prior written authorization.

You acknowledge that we have the right, but not the obligation, to modify or remove any Submissions that violate the Blog Community Rules or that otherwise violate the Terms of Use. Notwithstanding any other portion of these Terms of Use, we reserve the right to excise, edit or remove any content from the Blog at our sole discretion and without notice.

5. Our Proprietary Rights. You acknowledge and agree that the information and materials presented through the Blog, including, but not limited to, all Submissions, will be subject to the linked Creative Commons Attribution 2.1 Japan License.

6. Your Additional Representations and Warranties. You represent and warrant to us that (a) you have full power and authority to enter into this Terms of Use; (b) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignments granted herein without obtaining further releases or consents; (c) your Submissions do not violate, infringe or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory; and (d) you are eighteen years of age or older. If you are under 18 years of age, your parent or legal guardian must submit your Submissions on your behalf.

7. Information Available On or Through the Blog. Some information made available on or through the Blog may be provided by third parties (such as news services) or other Bloggers (such information being called “Third-Party Content”). The inclusion or appearance of Third-Party Content on the Blog does not indicate any approval or endorsement by us of such Third-Party Content, or of any opinion, advice or other information made or displayed on the Blog by any user or other third party. We are not responsible for, and hereby disclaim any and all liability that may arise from, Third-Party Content.

8. Links. The Blog provides links to other websites and resources. Because we have no control over such sites and resources, you acknowledge and agree that we do not endorse and are not responsible for any content, advertising, products or other materials on or available from such sites or resources, or for the availability of such external sites or resources. We are providing these links to you only as a convenience. We shall have the right, but not the obligation, at any time and in our sole discretion, to block links from or to the blog through technological or other means, without prior notice.

9. Claims of Copyright Infringement. If you believe in good faith that materials hosted on this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Please send your request to copyright@sauer.us.

10. Privacy Policy. Please be aware that if you decide to disclose personally identifiable information on the Blog or in Submissions, this information may become public. We do not control the acts of other visitors to the Blog, so please be cautious when deciding to reveal personal information on the Blog. If you believe a Blogger is improperly collecting or using information about you or other users, please contact us at abuse@sauer.us.

11. Access by Minors. This Blog is intended for visitors aged 18 and up. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

12. Jurisdictional Issues. The Blog is controlled and operated by us from Japan and is not subject to the laws or jurisdiction of any other state, country or territory.  Those who choose to access the Blog do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules and regulations.

13. Termination.You agree that we, in our sole discretion, may terminate your use of the Blog or any part thereof, at any time and for any reason, including if we believe that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Blog.

14. Disclaimers. THE BLOG IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE BLOG, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE BLOG.

The Blog may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use (including the Rules of Conduct above). Additionally, the possibility exists that a third party could make unauthorized alterations to the Blog. Although we attempt to ensure the integrity of the Blog, we make no guarantees as to its completeness or correctness.  In the event that a situation arises in which the Blog’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Blog, as well as information sufficient to enable us to contact you.

15. Limitation of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES, EMPLOYEES, SUPPLIERS OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BLOG AND/OR MATERIALS CONTAINED ON THE BLOG, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE BLOG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BLOG, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

16. Indemnification. You agree to defend, indemnify and hold harmless Kurt Sauer and his affiliates, employees, suppliers and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from (a) your activities in connection with the Blog; and (b) any violation of these Terms of Use by you, including breach of any representations or warranties made by you in this Terms of Use.

16. Miscellaneous. These Terms of Use are governed by and construed in accordance with the laws of Japan, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the nation of Japan, and waive any jurisdictional venue or inconvenient forum objection to such courts, in any matter arising out of or related to the Blog or these Terms of Use. If any provision of these Terms of Use is found to the unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. We may assign our rights and obligations under these Terms of Use. These Terms of Use, together with all policies referred to herein, form the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.