Article 1 Scope of Application
1. These Terms of Service apply to all Users.
2. Any and all rules and regulations regarding the Website posted at any time on the Website by the Company are hereby incorporated into and constitute a part of these Terms of Service; provided, however, that in the event of any contradiction between those rules and regulations and these Terms of Service, these Terms of Service shall prevail.
Article 2 Definition
The term "Service(s)" as used herein shall mean all services provided on the Website.
Article 3 Amendments to the Terms of Service
The Company may at its discretion amend these Terms of Service. Amendments to these Terms of Service shall become effective at the time of posting on the Website. With respect to amendments to these Terms of Service, the Company will endeavor to post on the Website the content of the changes before they become effective.
Article 4 Prohibitions
Users are prohibited from committing any of the following acts while using the Services:
1. Any act that infringes the rights, interest, etc. of the Company, other Users of the Services or any other third party;
2. Any act that violates any law or regulation, or the internal rules of any industry group of which the Company is a member;
3. Any act that is contrary to public order and morals;
4. Transmission of harmful computer programs or emails, etc.;
5. Unauthorized access to the Company’s server or other computers;
6. Any other act that the Company determines inappropriate
Article 5 Violation of the Terms of Service
The Company may, in the event of violation of these Terms of Service by the User, claim compensation from the offending User for any damages incurred by such violation.
Article 6 Termination or Suspension of Services
The Company may, in any of the following circumstances, terminate or suspend the provision of all or part of the Services without prior notification to Users:
1. When there is conduct of periodic or emergency inspections or maintenance of the computer system relating to the Services;
2. When a computer or telecommunications network etc. ceases to operate due to accident;
3. When the Services become inoperable due to force majeure event such as fire, power failure or a natural disaster; or
4. When the Company determines that is necessary to terminate or suspend the Services
Article 7 Copyright
Any and all rights (i.e. ownership, intellectual property rights, likeness rights, publicity rights, etc.) with respect to the materials used for the Services (meaning letters/character, photographs, video footage, audio recordings, etc., hereinafter referred to as the "Content Materials") shall vest in the Company or the third party holders of these rights.
The Users shall not obtain any right to the Content Materials and shall not, without the approval of the owner of the right, commit any act that infringes any of the rights relating to the Content Materials, such as intellectual property rights, likeness rights, publicity rights, etc., including ownership and copyright; provided, however, that utilization of the Content Materials solely for personal use is not prohibited by this article.
Article 8 Dispute Resolution and Claims for Damages
1. In the event that any damage to the Company is caused by the violation of these Terms of Service by the User or acts in relation to the utilization of the Services, the offending User shall indemnify the Company.
Article 9 Entire Agreement
These Terms of Service constitute the entire agreement between the parties hereto on the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or written, between the parties, relating thereto.
Article 10 Severability
In the event that any provision of these Terms of Service shall be held invalid or unenforceable, the remaining provisions of these Terms of Service and the remaining portion of the provision(s) held partially invalid or unenforceable shall remain in full force and effect.
Article 11 Governing Law and Jurisdiction
These Terms of Service shall be governed by the laws of Japan, and Tokyo District Court shall have the exclusive jurisdiction as the court first instance over any and all disputes arising out of or in connection with these Terms of Service.
The Company and Users shall, with respect to any matter not stipulated in these Terms of Service, or if any question with respect to the interpretation of these Terms of Service arises, endeavor to promptly resolve such through mutual consultation in accordance with the principle of good faith.
i-mobile Co., Ltd.
Dated August 31, 2007