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OKWave Community Terms of Service

Article 1. COVERAGE AND AMENDMENTS

1. OKWave rules and regulations (hereinafter called this “Agreement”) apply to all relationships between OKWave Inc. (hereinafter called “Company”) and users (hereinafter called “User”) that Company administers.
2.	“Member” means a person that has registered by the prescribed means, and “User” means all people that use the Service Company provides with, including Member. User shall use our services, provided that User complies with this Agreement.
3.	Company may amend this Agreement without prior notice. In cases where this Agreement is amended, the new Agreement shall supersede this Agreement, and User shall be deemed to have agreed to the new Agreement.

Article 2. PURPOSE AND SCOPE OF SERVICE

1.	The purpose of the Service is to provide environments where information may be exchanged by Question&Answer among Members, and User may have opportunity of collecting and accessing information.
2.	Company may add new services or amend the Service, without prior notice to User.
3.	The Service is linked to other website services; therefore, the contents posted on this website may be disclosed on other websites, under certain conditions.

Article 3. USE AND DISCLOSURE OF MEMBER’S INFORMATION

1.	Company, in principle, will not disclose personal information provided to Company by Member for registration to become a member and also for purpose of using the Service (hereinafter called “Member Information”) to a third party without prior consent with Member, provided, however, that Company shall not be prohibited from making disclosures to the extent that the Company is inquired by public organizations or that Company is responsible to disclose by law.
2.	Member shall immediately amend information when any change occurs in Member Information registered with Company.
3.	Company may use Member Information (including information of merchandise, services of Company, advertisers and associates) which Company judges beneficiary.
4.	The Company may list and analyze Member Information for the purpose of marketing and improving the Service.
5.	Member-Information is administrated by the Company under the Privacy Policy of the Company.
6.	Member shall agree and shall not lodge an objection against that Company handles and possesses Member-Information as stipulated in this Agreement.

Article 4. MANAGEMENT OF PASSWORD

Member shall manage the password under own responsibility. Company is not responsible for damage which Member may suffer due to a stolen password, or an illegal usage by a non-member. Company will recognize as the usage of Member when the ID and password input conform to the registered Member’s ID and password in a prescribed manner.

Article 5. WITHDRAWAL

1.	In cases where Company recognizes that Member falls under either one of the following cases Company may stop usage of the Service, change a password and cancel membership without prior notice or consent from such Member, and Company has no obligation to explain of the reason thereof.
(1)	Violating this Agreement
(2)	Writing false information for membership registration
(3)	Using a password illegally
(4)	Illegally using information obtained from the Service
(5)	 Being judged as having a possible danger to make damage to other users, a third party or Company
(6)	Practicing prohibited acts stipulated in Article 7.
(7)	In other cases where Company judges to be inadequate to use the Service
2.	Company shall not be responsible for Member’s damage that may be caused by the Company’s measure complying to the forgoing Article due to a member corresponding to either one of the forgoing sections.

Article 6. INDEMNITY

1.	 Company does not guarantee the accuracy or perfection of information provided by the Service. Further, Company shall not be responsible for damage which User or a third party may suffer with respect to the information arising from the Service.
2.	The history of answers posted on the Service will be disclosed. Company shall not be responsible for damage which may occur at disclosure of the history of answers.
3.	Company shall not be responsible for opportunity loss, data loss, business interruption or all possible damage (including indirect, specific, incidental, consequential and lost damage) which User may suffer even though the possibility of such damage is noticed to Company in advance.
4.	Company shall not be responsible for any infringement dispute caused by damage occurred to other users, a third party, or also User itself.
5.	Accessing cost to the website for the Service shall be paid by User, and, Company shall be neither liable nor responsible for payment thereof.
6.	Company shall not be responsible for damage, occurred due to negligence of amendment report on Member Information when it is disclosed for membership registration.

Article 7. PROHIBITIONS

1.	Company prohibits following actions in using the Service:
(1)	An action provoking a crime or inducing thereof
(2)	An action infringing or likely infringing rights such as intellectual property rights, portrait rights and publicity rights of User, a third party, and Company’s.
(3)	An action damaging or likely damaging property, credit, honor or privacy of User or a third party
(4)	An action disclosing information that can identify a specific individual
(5)	An action against the law in the area where the Service is provided
(6)	An action giving disadvantage or damage to other users or a third party
(7)	An action slandering other users or a third party
(8)	An action aiming to advertise business or publicity
(9)	An action recognizing malignant influence to children and adolescent
(10)	An action linking to the malignant or illegal sites with age limit set so called an adult-site or meeting-a-friend site and so on.
(11)	An action transferring or lending membership to a third party or sharing it with a third party
(12)	An action preventing administration of the Service
(13)	An action damaging credit of Company
(14)	An action violating this Agreement
(15)	Any other action being judged by the Company as inadequate
2.	Company may claim damages against User for any damage caused by User according to the forgoing sections.

Article 8. CHANGE AND DELETION OF POSTS

1.	Company may change and delete the contents posted on and disclosed to the Service without consent from Member under the circumstances of following reasons. Further, Company may claim the costs or expenses against the concerned member, a poster to cover the amount for labor fee of the concerned employee-and other cost equivalent to the damage Company received.
(1)	In case of any breach of laws or this Agreement
(2)	In case of violating the prohibition stipulated in Article 7.
(3)	In case of being judged by Company as contents requested to be changed or deleted immediately.
2.	Company may not change, neither modify nor delete contents posted ad disclosed, even if requested to change, modify and delete contents by Member, excepting for cases stipulated in foregoing sections.

Article 9. PROHIBITION OF INFORMATION USAGE WITHOUT NOTICE

1.	Company prohibits User from using information including sentences, images, illustrations and animations in the Service without obtaining authorization.
2.	Company prohibits User from editing and reproducing or reprinting information (including notice on the website and newsletter and so on) describing in the Service.
3.	User shall make compensation to Company on any damage Company receives, in case of any breach of the foregoing Section 1 and 2.

Article 10. USAGE RIGHT OF CONTENTS

1.	Company may keep and utilize questions and answers posted on the Service (hereinafter called “Posted Contents”). Company may delete or modify Posted Contents without consent from posters in cases where Company approves necessary to do so.
2.	As for a copyright attribution of Posted Contents provided by Member to the Service, either one of the following sections shall be applied.
(1)	Member shall not exercise the rights defined in Article 18 to 20 in Copyright Law of Japan, upon Company or a third party which Company specifies.
(2)	Rights defined in Article 21 to 28 in Copyright Law of Japan shall be transferred from Member belonging to Company.
(3)	Company shall not require any payment from Member in consideration of Section 1 and 2.
3.	In accordance with the attribution pursuant to the forgoing sections, Company may edit, reproduce, reprint of Posted Contents. If Company recognizes them beneficial, Company may utilize such contents (including publication, cinematograph, translation, broadcasting, dramatization and so on). In case of executing them, Company requires no payment from Member and may not mention any Member’s name, ID, handle name, or other name and information representing Mmber.
4.	Company shall not be responsible for damage which User or a third party may suffer in case of using Posted Contents.

Article 11. TEMPORALY SUSPENSION OF THE SERVICE

Company may suspend the Service temporarily without prior notice to User subject to the following reasons. Company shall not be responsible for any damage caused by the suspension of the Service.
(1)	In case of working on the system for maintenance, inspection and repair
(2)	In case of not being able to provide the Service due to fire, power failure or any other natural disaster
(3)	In case of not being able to provide the Service due to administrative or technical problems
(4)	Any other cases where Company decides to suspend the Service

Article 12. CHANGE SUSPENSION AND STOP OF SERVICE

1.	Company may change contents of the Service without prior notice to User.
2.	Company may suspend or stop the Service without prior notice.
3.	Company shall not be liable for damage that may occur due to the Service to User and a Third party.

Article 13. GOVERNING LAW

1.	This Agreement shall be governed by the Law of Japan regardless of regulations in a conflict of laws.
2.	Company shall not be responsible for damage which User may suffer due to Violating the Law of Japan or the damage which a third party may suffer, although usage of the Service is not considered as violation of the laws of Japan where User lives or violating the related international treaty.
Article 14. JURISDICTION COURT

In case of dispute on the Service between Company and User or a third party, it shall be subject to the jurisdiction at the Tokyo District Court as a court for a first instance agreement jurisdiction.
Article 15. VALIDITY OF THIS AGREEMENT

This Agreement is effective March 1st, 2008, and shall supersede previous agreements if any.

[Supplementary provision] Enactment: March 1st., 2008 

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