Terms of Use

Terms of Use for Wassr Members
Article 1 (Application of terms)
1. These Terms of Use for Wassr Members (hereinafter, called "these terms") shall apply to the use of Wassr (hereinafter, called "this service"), which Mobile Factory Inc. (hereinafter, called "our company") operates and offers.
2. Apart from these terms, the rules set separately by our company shall also constitute part of these Terms of Use.
3. In case the contents of these terms and the rules mentioned in the previous section differ, the contents of the relevant terms shall take precedence.

Article 2 (Alteration of terms)
1. In case our company alters these terms, the post-alterations shall be effective for the use of this service. Unless our company separately specifies otherwise, the post-alteration terms shall come into effect when they are published on our company website.
2. The members shall not be able to claim for any failure to notice or non-acceptance.

Article 3 (Definition)
(a) "Member" means an individual who wishes to receive this service, has completed user registration, based on his/her consent with these terms, and has been permitted to become a member by our company.
(b) "Wassr" is a service, which provides members with real-time communication with other members on Mypage, IM (Instant Messenger) and Blog Parts.

Article 4 (Agreement with these terms)
1. Applicants for this service can register after they have understood and consented to all these terms.
2. In case a member has completed member registration for this service or used it, the user in question shall be deemed to have agreed with these terms.
3. Members who cannot agree with these terms can cancel the membership anytime by implementing predefined procedures.

Article 5 (Notification from our company)
1. Our company notifies members of the necessary information as required, via the means we consider appropriate, such as posting on our website, E-mail transmission, and others.
2. The notifications mentioned in the previous section shall come into effect once our company has posted the relevant notification on our website or sent the same by E-mail (according to the means we used).

Article 6 (Membership registration)
1. Applicants for this service shall register for this service in a way defined by our company after having understood and consented to all these terms.
2. Once the registration has been completed between our company and the applicant, a service contract for this service with these Terms of Use shall be deemed to have been concluded.
3. Regarding the right to use this service, members shall not be able to let any third party use the service, by means of alienation, lease, change of name, offering as collateral and others.
4. Following persons shall not be permitted to apply for this service:
(a) The applicant is already a member, namely, he/she is making multiple registrations.This excludes our authorized registrations.
(b) We determine that the person is unsuitable to be a member.

Article 7 (Use of service)
1. Members shall, on their own judgement, interpret the contents of postings by other members, and determine the reliability of the same on their own responsibility.
2. When using this service, members shall prepare all items required on their side, including communication equipment, at their own expense and on their own responsibility.
3. Members shall maintain and manage communication equipment on their own responsibility and not to interfere with the use of this service.

Article 8 (Intellectual property right)
Members shall acknowledge and agree that the information provided by our company to members through this service (including images, voices, text, pictures, and software) are protected by copyright, trademark, patent right, or other intellectual property right and laws.

Article 9 (E-mail and uploaded web content)
We shall not take any responsibility for E-mail messages or uploaded web content created by members or any third party, other than our company, employees, or agents. E-mails sent by members, uploaded web content and messages, correspondence with an E-mail service provider, as well as other conditions, guarantees or representation related to the relevant response shall be attributable to members' responsibility. Members agree that they will discharge us from loss or damage in any shape or form as a result of the relevant response etc.

Article 10 (Confidentiality and protection of registration information)
1. Our company shall not disclose members' registration information to any third party, except in the following cases, and shall not use it beyond the necessary scope for providing this service.
(a) In case that we sum up and analyze the registration information for improvement etc. of service
(b) In case we disclose or provide a third party, such as an advertiser etc., with information obtained from the above summing up and analysis after having altered the information such that no individual can be identified or specified.
(c) In case that the registration information is offered to another party, in accordance with a merger or operational transfer of this service.
(d) In case a member consents to the disclosure or use of his/her registration information.
(e) In case that it is necessary to disclose or use a member's registration information in order for our company to offer a service requested by the member, and he/she consents to such disclosure or use of the registration information.
(f) In case a third party subcontractor, who has engaged in a contract with us, needs registration information in order to offer a service to members, and the members consent to it.
(g) In case that a member provides us with information, such as text, numbers, still images, moving images and others, in response to our questionnaire offered as part of our service, and our company then provides this information to our third party subcontractor (in this case, only the company or advertisers having ordered the relevant questionnaire will receive this information, after it has been altered such that the member cannot be identified.)
(h) In case our company sends members information concerning an advertisement or service from ourselves or third parties, such as advertisers.
(i) In case where at our discretion, using members' information, we inform members of our new service or segmented service, which we assume to be beneficial to members.
(j) In case that the information should be disclosed or used due to a warrant issued by a court, or any decision, order or act by a court.
(k) In case that a prosecutor, police or supervisory authority requests reference to legitimate and formal information.
(l) In case the information is necessary to protect a human's life, body or belongings, and it is difficult to obtain the member's consent.
2. Our company shall handle personal information based on our privacy policy.
3. Members shall agree that our company uses personal information in accordance with these Terms of Use.

Article 11 (Change of reported information)
1. On our website, members can always view their own registration information, and information concerning the use of this service. Members shall immediately report to us, in a way specified by us, when there is any change of registration information.
2. Our company shall not assume any responsibility, even when a member has suffered any disadvantage, such as any inability to use this service due to failure on his/her part to report details of the change of the registration information to us, as mentioned in the previous section.
3. In case a member fails to report as stated in section 1, our company shall be entitled to assume that the relevant member has ceased using this service.
4. Our company shall not assume any responsibility for any damage incurred by a member when his/her registration information is used by a third party, whether or not it is the member's own fault.

Article 12 (Prohibition of multiple registration)
1. Members shall not be allowed to make multiple membership registrations. Our company shall be able to remove all the outcomes and rewards of members doing so and terminate his/her membership.This excludes our authorized registrations.

Article 13 (Prohibited acts)
1. Members shall refrain from engaging in the following acts when using this service:
(a) Acts that violate or may violate rights, such as an intellectual property right, portrait right, and publicity right, including ownership rights and the copyright of our company and third parties.
(b) Acts that cause or may cause disadvantage or damage to other members, our company or third parties.
(c) Acts offending public order and morals.
(d) Acts violating laws and regulations.
(e) Acts conducted with the intention of commercial gain using this service without our consent.
(f) Acts interrupting the operation of this service.
(g) Acts that ruin and damage the credibility of this service.
(h) Acts of false membership registration or false posting to Wassr
(i) Acts that defame or slander other members or third parties.
(j) Acts of election campaigning or similar.
(k) Acts of multiple member registrations by a single member.
(l) Other acts that we consider to be inappropriate.
2. In case that our company suffers any damage in connection with the acts described in the previous section, the relevant member shall indemnify us for such damage.

Article 14 (Cancellation of membership)
1. Members can cancel their membership of this service anytime by implementing our predefined procedure.
2. When a member has cancelled membership of this service, he/she shall lose all rights and benefits related to the use of this service, and shall not obtain any right to claim to our company upon cancellation of membership.
3. In case a member is deceased, his/her membership shall be cancelled at the time.

Article 15 (Suspension or cancellation of membership qualification)
1. In case any of the following circumstances apply to a member, our company shall be entitled to suspend or cancel the membership qualification without notifying the member beforehand.
(a) In case our company finds a member not having used this service for more than a year.
(b) In case a member has tampered with information offered by our company without our consent.
(c) In case a member has used, or let other members or third parties use this service for fraudulent purposes.
(d) In case a member is/may be using this service for fraudulent purposes, or suspension/cancellation of his/her membership is necessary to prevent any fraudulent use by third parties.
(e) In case a member has violated any of the clauses in these Terms of Use.
(f) In case that any allegation about a member for seizure, provisional seizure, provisional disposition, disposition for failure to pay taxes, compulsory execution, initiation of bankruptcy procedure, initiation of civil rehabilitation proceedings has been made.
(g) In case he/she isnot appropriate as a member of this service.
2. Our company shall not take any responsibility even if the relevant member is unable to use this service due to our suspension/cancellation of his/her membership based on the above sections.

Article 16 (Changes of this service)
Our company may change the terms, operational rules or contents of this service, or sell and transfer this service to other companies, and the members shall consent to this beforehand.

Article 17 (Temporary suspension or discontinuation of this service)
1. In case any of the following circumstances apply, our company may temporarily suspend or discontinue the operation of this service, or a part or the whole of our website, without notifying members beforehand:
(a) In case where, either regularly or urgently, we perform maintenance, checkup, repair and/or modification of the system of this service.
(b) In case that any facility for this service is subject to unavoidable failure.
(c) In case that a telecommunication service is unavailable due to any problems of telecommunication service provided by the first class or other telecommunication business.
(d) In case that it is difficult to provide this service due to natural disasters, such as fire, power failure, earthquake, volcanic eruption, flooding or tsunami etc.
(e) In case we are unable to provide this service due to war, riot, conflict or labor dispute etc.
(f) In case we are unable to continue operating this service because the system for this service has been damaged or interrupted (including alteration and breaking of the data or source code) by a third party.
(g) In case that we deem it necessary to suspend or stop this service temporarily for operational or technical reasons.
2. Our company may stop offering this service, in whole or in part, for necessary business reasons, without notifying members beforehand.

Article 18 (Termination of this service)
1. Our company shall be able to terminate this service, in whole or in part, after having notified members within a reasonable notification period.
2. The notification mentioned in the previous section shall be made on our website or via E-mail, which shall be sent to members via the E-mail service provided by this service, and the notification shall become effective as stated in article 5

Article 19 (Information provided by us for this service)
Our company shall provide information on advertisers etc. that are available at the time the information is provided. We do not guarantee the information's ability for use in the market, fitness for purpose, authority, legality, safety or accuracy etc., whether indicated or otherwise.

Article 20 (Disclaimer)
1. Our company shall not take any responsibility for any damage or loss suffered by any member relating to the use of this service.
2. Our company shall not take any responsibility for any damage or loss suffered by any member relating to the use of this service, including the cases set forth in articles 2 (Alteration of terms), 17 (Temporary suspension or discontinuation of this service), 18 (Termination of this service) and 19 (Information provided by us for this service).
3. Our company shall not take any responsibility for the safety, accuracy or fitness for purpose etc. of any services, goods, or benefits provided by advertisers.
4. Our company shall not take any responsibility when a member suffers any damages with regard to this service.
5. In case a member is responsible for any third party suffering any damage or loss relating to the use of this service, the member shall take prompt action to solve the issue in his/her own responsibility to avoid our company incurring any damage or liability.
6. Our company shall have no obligation to indemnify against any damage having occurred due to delivery delay, failure to deliver, or improper display of cell-phone text-messaging due to failure of the computer system for this service.
7. Our company shall have no obligation to indemnify against any damage caused by the member's environment, such as mobile terminal, Internet line or software etc. In addition, our company may notify members about the relevant environment via means separately specified by ourselves.
8. Our company shall have no obligation to indemnify against any damage on a member's mobile terminal, Internet line or software etc., caused by downloading from websites of this service, the advertiser, and a third party, or a computer virus infection.
9. Our company shall not take any responsibility for communication among members or between members and a third party, and such communication shall be made at the members' own responsibility.
10. Even if our correspondence to members is subject to any delay or failure, causing them to suffer any disadvantage, due to insufficient registration information, we shall consider members as having received it on time, and shall not take any responsibility.

Article 21 (Claim for indemnity)
In case a member causes any damage to our company by committing any violation of these terms, or using this service abusively or illegally, our company shall be able to make reasonable claim against the relevant member for damages (including but not limited to lawyers' fees).

Article 22 (Governing law)
These terms shall be governed by Japanese law.

Article 23 (Exclusive agreement jurisdictional court)
The members and our company agree that the Tokyo Summary Court or the Tokyo District Court (depending on the amount of the lawsuit involved) shall have an exclusive jurisdiction as the first stage court for any dispute related to these terms.

Article 24 (Supplementary provision)
1. These terms shall be enacted and enforced from 1st June, 2007.

Revised as of August 7, 2008