Terms of Use (http://www.wajju.com)

  1. Article 1 (General Rule)

    These Terms of Use (hereinafter called the "Terms") stipulate the rules applied to the use of the services as set forth in Article 3 hereof (hereinafter called the "Service") which KOBE International Harmony-Eyes Association (NPO) (hereinafter called the "Association") provides through a website named "Wajju" (hereinafter called the "Website"). The Service shall be provided on the premise that the users of the Website and the Service have fully read and acknowledged these Terms.

  2. Article 2 (Definitions)

    The following terms shall have the following meanings herein.

    1. "Website User" shall mean all individuals and organizations which agree to these Terms and then use the Service.
    2. "Service User" shall mean an individual to whom the right to use the Service is granted by the Association after such individual agrees to these Terms and takes the procedure as set forth in Article 4 hereof.
    3. "User ID" shall mean a string of characters which the Service User enters in the related section in an application form for the Service.
    4. "Password" shall mean a string of characters which the Service User enters in the related section in an application form for the Service, which is changed by the Service User through a password change function provided on the Website, or which is issued by the Association upon request of the Service User.
    5. "Video" shall mean image data which can be watched through the use of the Service.
    6. "Publication Data" shall mean HTML source and URL which are displayed on the Website as a part of the Service so that third parties as well as the Service Users are able to watch Videos.
    7. Post" shall mean to upload Videos on the Service by the Service Users.

  3. Article 3 (Contents of Service)

    1. The Service User may store the Videos on the Website within the limit of the capacity which the Association separately specifies in accordance with the contents of the Service. The Service User is able to disclose the Video to third parties by disclosing the Publication Data.
    2. The Service User shall prepare any device necessary for the use of a recording function in relation to the preceding Paragraph (PC, cell phone, camera, microphone, etc.), software (OS, browser, etc.), as well as the Internet connection.
    3. In case of any of the following events, the Association may change the contents of the Service without obtaining the approval of the Service Users and without any compensation.
      (1)
      If the Association determines that such change is necessary for the stable provision of the Service.
      (2)
      If the Association determines that such change enhances the convenience of the Service Users.
      (3)
      If there is any other justifiable reason.
    4. The Website Users shall agree that they are responsible for the interpretation of the information provided on the Website and that they give credit to and use such information on their own responsibility.

  4. Article 4 (User Registration and User's Obligations)

    1. The use of the Service requires designated user registration. Any person who wishes to use the Service shall make application by submitting an application form available on the Website after correctly entering required information. After the procedure designated by the Association is completed and such person admits the confirmation provided by the Association and takes the final step, such person shall become the User. Simultaneously, an agreement on the use of the Service, with the conditions hereof, shall become effective between the Service User and the Association.
    2. The Service User receives the User ID and the Password. Unless special permission is given by the Association, each Service User may have one ID. The Service User shall be liable for the management of hid/her authentication information such as the ID and the Password.
    3. In no event shall the Service User assign or lend his/her authentication information and the User status to any third party. Any act involving the use of the ID and the Password shall be deemed the act of the owner of such ID and Password, and any such act as well as results thereof shall be the responsibility of the owner of such ID and Password.
    4. The Service User shall warrant to the Association that an email address and other information which was registered for the acquisition of the User status is the true information of the Service User, and also that such information is accurate, latest and legitimate. The Service User shall commit to the Association to correct his/her registered information from time to time so that the true and accurate information is always registered at the Association.
    5. Upon occurrence of leakage to, or use by, a third party of the ID or the Password, the User shall give immediate notice to the Association and follow its instructions. In the event the ID or the Password was wrongfully used due to a cause other than the Association's fault and which caused loss or damage to the User or any third party, the Association shall not bear any responsibility including compensation.
    6. The Service User shall be responsible for handling and resolving any loss or damage caused to the Association or a third party by the Service User's use of the Service (including loss or damage caused to the Association by nonperformance of the Service User's obligations specified in these Terms). In the event the Service User's act resulted in a claim for damages against the Association by a third party, the Service User shall compensate for any loss and cost (including, but not limited to, lawyer's fee) caused to the Association.
    7. The Service User shall acknowledge that the Association is not liable to store the Videos posted by the use of the Service and shall prepare a backup of the Video when necessary.
    8. The agreement on the use of the Service shall remain valid until the change of the User status in accordance with Article 15, the loss of the User status due to any event specified in Article 8, the withdrawal from the Service specified in Article 5, or the discontinuation of the Service specified in Article 16.

  5. Article 5 (Withdrawal from Service)

    1. The Service User may withdraw from the Service at his/her own discretion. Any Service User who wishes to withdraw from the Service shall follow the procedure described on the Website. The process of withdrawal from the Service shall be finalized within two business days, and such Service User is not able to use the Service thereafter.
    2. After the withdrawal from the Service, the Service User shall continue to give permission to the Association or the Website Users to use the Video as stipulated in Article 12 hereof.

  6. Article 6 (Prohibited Acts)

    The Service User shall not conduct any of the following acts in connection with the use of the Service.

    1. Any act which infringes, or may infringe, intellectual property rights including copyrights and trademark rights, property, privacy, or any other rights including publicity rights of the Association or a third party.
    2. Any act of discrimination or defamation of the Association or a third party, any act of destruction on fame or trust of the Association or a third party, or any act which is unpleasant to a third party.
    3. Recording and publication of pornographic videos including the portrait of a nude, child pornography, or videos involving child abuse.
    4. Any act which may incite or facilitate crimes or illegal acts.
    5. Use of the Service by the use of the User ID which is owned by someone else.
    6. Sale of, or an attempt at sale of the whole or a part of the Service to a third party without obtaining the Association's prior written approval.
    7. Intentional alternation of the Publication Data.
    8. Any act which causes, or may cause, excessive load to the server of the Website.
    9. Any other act which is against laws and regulations, against public morals, or socially unacceptable.

  7. Article 7 (Temporary Suspension of Publication)

    1. When the Association reasonably determines the possibility that the Service User is in breach of Article 6 hereof because of, for example, the fact that a complaint was provided by a third party, the Association may, at its own discretion, suspend the publication of the Video in question without obtaining the consent of the Service User, until such doubt disappears according to the Association's determination. The User shall not object to such suspension of publication.
    2. In the case of above Paragraph 1, the Association shall give notice and request to the Service User to eliminate the event or condition which caused a breach of Article 6 hereof or such doubt (hereinafter called the "Event of Breach") within two weeks or any shorter period as specified by the Association at its own discretion. The Service User, after receiving such notice, shall cure the Event of Breach, or otherwise voluntarily alter or delete the Video in question to avoid such doubt of a breach, by the end of such specified period.
    3. If the Association cannot admit the elimination and disappearance of the Event of Breach within the certain period specified in above Paragraph 2, or if the Service User does not voluntarily alter or delete the Video pursuant to the provision of above Paragraph 2, the Association is entitled to alter or delete such Video with notice to the Service User so that such Video is not in breach of Article 6 hereof according to the Association's determination. The Service User shall not exercise the moral right (right of integrity) regarding, or object to, such alternation or deletion.

  8. Article 8 (Suspension or Cancellation of User Status)

    1. Upon occurrence of any of the following matters, the Association is entitled to suspend or cancel the User status by, in principal, giving prior notice to the relevant Service User.
      (1)
      There was a false statement at the time of application for the Service.
      (2)
      The Service User's act which is against these Terms was discovered.
      (3)
      The Association determines for any other reason that such Service User is inappropriate as the user of the Service.
    2. Other than the matters specified in the preceding Paragraph, if the Service User conducts any of the prohibited acts stipulated in Article 6 hereof, the Association may, without taking the measure stipulated in Article 7 hereof and without obtaining the consent of the relevant Service User, alter or delete the Video in question so that it will not be in breach of Article 6 hereof.

  9. Article 9 (Temporary Interruption of Service)

    1. The system to provide the Service shall be operated for 24 hours a day throughout the year, in principle. However, this does not apply to the failure of the provision of the Service due to the maintenance of relevant facilities, power failure, accidents and disasters. In such cases, the Association will give prior notice to the Service Users as much as possible; however, the Association may omit such notice if above events are unforeseeable or the failure of the provision of the Service is due to an emergency.
    2. The Association will actively deal with the enhancement of server facilities depending on their extent of use by the Service Users. Nevertheless, there is a possibility that the Service becomes temporarily unavailable to the Service Users because the server cannot fully process the Service due to sudden change in the extent of use.
    3. Unless there is intention or gross negligence of the Association, the Association shall not be liable for any loss or damage caused to the Service User or a third party arising from the delay or interruption of the Service due to any event specified above Paragraphs of this Article.

  10. Article 10 (Management of Videos)

    1. The Association is entitled to review, or otherwise alter or delete pursuant to the provisions of these Terms, the Video of the Service User at any time when deemed necessary by the Association.
    2. The Association is not liable to monitor the contents of the Video registered by the Service User, however, may review the Video on an irregular basis. The Service User shall agree that, if any event stipulated in Article 7 or Article 8 hereof was discovered as a result of the Association's review of the Video of the Service User, he/she will alter or delete such Video. Accordingly, the Service User shall manage the Video with constant caution against the breach of Article 6 hereof.
    3. The Video of the Service User stored on the Website is accessible to any person with the use of the Publication Data. The Service User shall be responsible for appropriate management of the Publication Data. The Association does not have an obligation to place restrictions on the review of the Video by third parties, nor does it take any such measure. Any problem arising between the Service User and a third-party reviewer shall be settled by the Service User and such third party, and the Association shall not have any obligation or responsibility.
    4. The Association shall not be responsible for the disappearance of the Video which the Service User stores on the Website, unless such disappearance is caused by the intention or gross negligence of the Association.

  11. Article 11 (Copyrights)

    1. The Service User may post or edit text, images, Videos (moving images) and similar kinds of information through the Service only when the Service User owns necessary intellectual property rights including copyrights or obtains permission from the owners of necessary rights.
    2. The Service User or the original right holder(s) shall remain to have the copyrights to text, images and Videos (moving images) which were posted or edited through the Service by the Service User. Provided, however, that the Association is entitled to use the text, images and Videos (moving images) posted or edited through the Service, after taking measures as deemed necessary by the Association, on this Website and on other websites or in other media or services which are associated with this Website. The Service User shall not exercise the moral rights with regard to the use of his/her work by the Association under the provision of this Paragraph.
    3. Except for copyrights to text, images and Videos (moving images) which were posted or edited through the Service by the Service User as set forth in above Paragraph 2, copyrights and all other intellectual property rights to the Service and any information related to the Service shall be owned by the Association or the right holders who gave permission to use such rights to the Association. The Service User shall not reproduce, assign, lend, translate, alter, reprint, transmit to the public (including the possibility of such transmission), transmit, distribute, publish and use for commercial purposes such information without obtaining permission.

  12. Article 12 (Permission to Use Videos)

    1. By posting the Video through the Service, the Service User shall give the Association the right to use (to reproduce, show, transmit to the public, exhibit, distribute, translate and alter) such Video non-exclusively, free of charge in and outside Japan, and shall also give the Website Users the right to use (to reproduce, show and distribute) such Video.
    2. The rights stipulated in above Paragraph 1 shall be continuously granted to the Association or the Website Users after the withdrawal of the Service User from the Service.

  13. Article 13 (Links)

    1. The websites and information which are linked to this Website are not controlled by the Association. Consequently, the Association shall not be responsible for the availability of other websites linked to this Website. Moreover, the Association shall not be responsible for any content, advertisement and product contained in linked websites.
    2. The Association shall not have any responsibility, directly or indirectly, to any loss or damage arising from the use of, and trust in, any website linked to this Website or any product, service or information contained in such linked websites.
    3. Each website linked to this Website has its own privacy policy as well as other rules, and when the Service User uses such website, his/her rights and obligations are based on the rules of such linked website. The Service User is required to confirm the rules of individual linked website before use.

  14. Article 14 (Exemption)

    In addition to the provisions of Articles 7 to 13 hereof, the Association shall be exempted from responsibility arising from any of the following event.

    1. The Video which the Service User records is subject to delay or deterioration because of load on the server and a communication line. The Association shall not be responsible for such deterioration of the Video.
    2. The Video which the Service User uploads or replays is subject to delay, deterioration or unavailability because of load on the server and a communication line. The Association shall not be responsible for any loss or damage (including indirect damages such as loss of opportunity; the same shall apply hereinafter) caused to the Service User or a third party.
    3. If any defect is found in the Website, the Association will exert efforts to cure such defect as early as possible. Nevertheless, the Association shall not be responsible for any loss or damage to the Service User arising in connection with such defect and the use of the Service, as well as any loss or damage to the Service User or a third party arising from the unavailability of the Service.

  15. Article 15 (Amendment to Terms)

    1. The Association may make an amendment to these Terms, when deemed necessary by the Association and without obtaining the consent of the Service Users, by giving notice to the Service Users on the Website or in any other means deemed appropriate by the Association.
    2. The amended Terms shall become effective at the time they are posted and shown on the Website unless otherwise specified by the Association, and the use of the Service shall be subject to the amended Terms thereafter.
    3. The Service User will be deemed to have agreed to the amended Terms by continuously using the Website after the amended Terms are posted on the Website.

  16. Article 16 (Change of Service)

    The Association may, at any time, increase, change, interrupt or discontinue the Service for whatever reasons for the convenience of the Association.

  17. Article 17 (Handling of Personal Information)

    The Association shall not disclose any information it may receive concerning the information the Service User input for the use of the Service as well as log data (any data containing the Service User's personal information). However, this does not apply in any of the following events: in case disclosure is based upon the request or consent of the Service User; in case the Service User was in breach of any of these Terms and disclosure is necessary for the preservation of Association's right(s); in case the Association is obliged to cooperate the authorities in their search or investigation; and disclosure is required by court orders, laws and regulations, the Securities Exchange Rules or the Securities Association Rules.

  18. Article 18 (Governing Law and Jurisdiction)

    These Terms shall be governed by Japanese laws. Any dispute arising between the Association and the Service User shall be submitted to the exclusive jurisdiction of the Osaka District Court, if a lawsuit is necessary.

Wajju Community Terms of Use

  1. Article 1 (General Rule)

    1. These Terms of Use (hereinafter called the "Terms") stipulate the rules applied to the use of the community service which KOBE International Harmony-Eyes Association (NPO) (hereinafter called the "Association") provides through a website named "Wajju" (hereinafter called the "Service"). The Service shall be provided on the premise that the users of the Service have fully read and acknowledged these Terms.
    2. The Wajju Terms of Use which the Association separately specifies shall be incorporated into these Terms regardless of their name.

  2. Article 2 (Prohibited Acts)

    1. The User shall not conduct any of the following acts in connection with the use of Wajju Community.
      (1)
      Any act which infringes, or may infringe, intellectual property rights including copyrights and trademark rights, property, privacy, or any other rights including publicity rights of the Association or a third party.
      (2)
      Any act of discrimination or defamation of the Association or a third party, any act of destruction on fame or trust of the Association or a third party, or any act which is unpleasant to a third party.
      (3)
      Any act which may incite or facilitate crimes or illegal acts.
      (4)
      Use of the Service by the use of the user ID which is owned by someone else.
      (5)
      Sale of, or an attempt at sale of the whole or a part of the Service to a third party without obtaining the Association's prior written approval.
      (6)
      Any act which causes, or may cause, excessive load to the server of Wajju Community.
      (7)
      Any act which is against any provision of these Terms.
      (8)
      Any other act which is against laws and regulations, against public morals, or socially unacceptable.
    2. If any of the prohibited acts stipulated in above Paragraph 1 is known to the Association, the Association will take an appropriate measure based upon the understanding of the situation including the change of posted information and the elimination of the registration of the relevant User. Notice of a breach to these Terms will be given by sending an email to a registered email address. The User is required to note that the Association will take measures pursuant to these Terms even if the User did not read the email notice for reasons on User's side. Any case which requires highly sophisticated judgment will be determined by multiple employees of the Association. Any question and complaint concerning the elimination of registration will not be accepted.

  3. Article 3 (Copyrights)

    1. The User may post or edit text, images, videos (moving images) and similar kinds of information through the Service only when the User owns necessary intellectual property rights including copyrights or obtains permission from the owners of necessary rights.
    2. The User or the original right holder(s) shall remain to have the copyrights to text, images and videos (moving images) which were posted or edited through the Service by the User. Provided, however, that the Association is entitled to use the text, images and videos (moving images) posted or edited through the Service, after taking measures as deemed necessary by the Association, on this Website and on other websites or in other media or services which are associated with this Website. The User shall not exercise the moral rights with regard to the use of his/her work by the Association under the provision of this Paragraph.
    3. Except for copyrights to text, images and videos (moving images) which were posted or edited through the Service by the User as set forth in above Paragraph 2, copyrights and all other intellectual property rights to the Service and any information related to the Service shall be owned by the Association or the right holders who gave permission to use such rights to the Association. The User shall not reproduce, assign, lend, translate, alter, reprint, transmit to the public (including the possibility of such transmission), transmit, distribute, publish and use for commercial purposes such information without obtaining permission.

  4. Article 4 (Suspension or Cancellation of User Status)

    1. Upon occurrence of any of the following matters, the Association is entitled to suspend or cancel the User status by, in principal, giving prior notice to the relevant User.
      (1)
      There was a false statement at the time of application for the Service.
      (2)
      Any prohibited act specified in Article 2 hereof was discovered.
      (3)
      The Association determines for any other reason that such User is inappropriate as the user of the Service.
    2. The Association shall not be liable for any loss or damage caused to the User arising from the discontinuation of the provision of the Service pursuant to above Paragraph 1.

  5. Article 5 (Exemption)

    In addition to the provisions of Article 4 hereof, the Association shall be exempted from responsibility arising from any of the following event.

    1. The Association does not become involved in communications and activities among the Users, in principle. In the event of collision between the Users, the involved parties shall settle such collision, and the Association shall have no responsibility.
    2. The User shall be responsible for his/her own act in Wajju Community. The User is required to note that if information posted by the User is against laws and regulations or violates copyrights or other similar rights, the User may be punished for the civil responsibility including compensation for damages as well as for the criminal responsibility.
    3. In the event the User is in breach of any law or any provision of these Terms, the User shall exempt and release the Association from all rights, claims, legal actions, lawsuits and legal procedures which the User is entitled against the Association.
    4. The User shall be responsible for the posting of images and videos (moving images) on his/her own profile and diary. Specifically, the User must have responsibility for compliance with copyrights, publicity rights and other legal obligations, the storage of data, and the acceptability of the reproduction of data.
    5. The Association may, at any time, interrupt the provision of the Service for whatever reasons. The Association shall not have any responsibility, directly or indirectly, to any loss or damage arising from the use or unavailability of Wajju Community.

  6. Article 6 (Amendment to Terms)

    1. The Association may make an amendment to these Terms, when deemed necessary by the Association and without obtaining the consent of the Users, by giving notice to the Users on Wajju Website or Wajju Community or otherwise in any other means deemed appropriate by the Association.
    2. The amended Terms shall become effective at the time they are posted and shown on Wajju Website or Wajju Community unless otherwise specified by the Association, and the use of the Service shall be subject to the amended Terms thereafter.
    3. The User will be deemed to have agreed to the amended Terms by continuously using the Service after the amended Terms are posted on the Website.

  7. Article 7 (Change of Service)

    The Association may, at any time, increase, change, interrupt or discontinue the Service for whatever reasons for the convenience of the Association.

  8. Article 8 (Handling of Personal Information)

    The Association shall not disclose any information it may receive concerning the information the User input for the use of the Service as well as log data (any data containing the User's personal information). However, this does not apply in any of the following events: in case disclosure is based upon the request or consent of the User; in case the User was in breach of any of these Terms and disclosure is necessary for the preservation of Association's right(s); in case the Association is obliged to cooperate the authorities in their search or investigation; and disclosure is required by court orders, laws and regulations, the Securities Exchange Rules or the Securities Association Rules.

  9. Article 9 (Governing Law and Jurisdiction)

    These Terms shall be governed by Japanese laws. Any dispute arising between the Association and the User shall be submitted to the exclusive jurisdiction of the Osaka District Court, if a lawsuit is necessary.