Weworld Terms and Conditions of Use
The terms and conditions of use shown here(hereinafter referred to as the"Terms and Conditions")set forth the terms between MiraiLab Inc.(hereinafter referred to as the"Company")and users(hereinafter referred to as the"User"or"Users"depending upon context)of any services or features of Weworld(hereinafter referred to as the"Service"), which is provided by the Company.
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1."content(s)"means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
1.2."Content(s)"means content(s)that may be accessed through the Service.
1.3."Submitted Content(s)"means content(s)that Users have submitted, transmitted, or uploaded.
1.4."Separate Terms and Conditions"means documents released or uploaded by the Company that pertain to the Service, under the title"agreement,""guideline,""policy,"and the like.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Users affirm that Users are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Conditions, and to abide by and comply with these Terms of Conditions. In any case, Users affirm that Users are over the age of 13, as the Service is not intended for children under 13.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.4. If there are Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.
3. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
4.1. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/herself.
4.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
4.4. The Company may suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is violating or has violated the Terms and Conditions.
4.5. The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
4.6. Users'rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.
4.7. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
5.1. The Company places its highest priority on the privacy of its Users.
5.3. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
6. Provision of the Service
6.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users'own responsibility and at Users'own expense.
6.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
6.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
8. Business Partners'Services
Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
9.1. The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by the Company, only for the purpose of using the Service.
9.2. Users shall abide by the appropriate conditions when using Contents which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as"Purchase","Sales,"and the like appear on the Service screens, the Company shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company, and such rights shall not be transferred to Users.
9.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service(including but not limited to copying, transmission, reproduction, modification).
9.4. If Users wish to back-up the whole or part of the Submitted Contents, they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.
9.5. The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her Submitted Contents has to allow other Users to perform any editing in relation to the Submitted Contents.
9.6. Users shall maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, if the Submitted Contents are visible, not just to the specified User but to all the other Users, the User who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license(with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use(after modifying such content, if the Company believes it necessary and proper)such content for services and/or promotional purposes.
9.7. The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
9.8. If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.
Users shall not engage in the following when using the Service.
10.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
10.2. Activities that may hinder public order or customs.
10.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
10.4. Activities that post or transmit violent or sexual expressions;expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.;expressions that induce or encourage suicide, self-injury behavior, or drug abuse;or anti-social expressions that include anti-social content and lead to the discomfort of others.
10.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
10.6. Activities such as sending messages indiscriminately to numerous Users(except for those approved by the Company), or any other activities deemed to be spamming by the Company.
10.7. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
10.8. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes(except for those approved by the Company);use the Service for the purpose of sexual conducts or obscene acts.use the Service for the purpose of harassments or libelous attacks against other Users;or use the Service for purposes other than the Service's true intent.
10.9. Activities that benefit or collaborate with anti-social groups.
10.10. Activities that are related to religious activities or invitations to certain religious groups.
10.11. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
10.12. Activities that interfere with the servers and/or network systems of the Service;that abuse the Service by means of BOTs, cheat tools, or other technical measures;that deliberately use defects of the Service;that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users'use of the Service.
10.13. Activities that aid or encourage any activity stated in Clauses 1 to 12 above.
10.14. Other activities that are deemed by the Company to be inappropriate.
11. User Responsibility
11.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
11.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
11.3. In the case where the Company has suffered loss/damage or has been charged an expense(including but not limited to lawyer's fees)directly or indirectly(including but not limited to cases where the Company has been sued for damages by a third party)due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
12. The Company's Exemption of Liability
12.1. The Company does not expressly or impliedly guarantee that the Service(including the Contents)are free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
12.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement(including but not limited to the Terms and Conditions)between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
12.3. Notwithstanding the condition stated in clause 12.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages(including but not limited to such damages that the Company or Users predicted or could have predicted)with respect to the Company's contractual default or act of tort due to the Company's negligence(except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence(except for gross negligence)shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
13. Assignment of the Terms and Conditions
In cases where the Company has assigned the business concerning with the Service to a third party, the Company may, as part of such assignment of business, assign to the third party assignee its status under the Terms and Conditions, its rights and obligations under the Terms and Conditions, and the Registration Information and other information relating to the Users, and the Use hereby agrees to such assignment in advance. For the purpose of this paragraph, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Company which would result in the transfer of the business.
14. Notification and Contact
14.1.When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
14.2.When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.
15.Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions(hereinafter referred to as"Japanese Version"), the Japanese Version will govern the relationship between Users and the Company.In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.These Terms and Conditions will be governed by the laws of Japan.Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
ARTICLE 1 USE AND COLLECTING OF PERSONAL INFORMATION
The “Personal Information” means the information which is related to a living individual, and by which a specific individual can be identified, such as the name and the date of birth (including information that can be easily collated with other information so that a specific individual can be identified). The Personal Information collected through the services provided by the Company shall be protected and safeguarded with the same degree of care as the Company treats the confidential information of its own business.
ARTICLE 2 TYPE OF PERSONAL INFORMATION COLLECTED
When the users use the services provided by the Company, the Company shall collect certain personal information of the users. In cases where the users would like to deny the collection of the Personal Information, the users shall be able to deny the collection of the Personal Information by the Company with their own decision. The users hereby acknowledge that the Company may not provide the services in cases where the users do not provide the Personal Information.
2.1 ACCOUNT INFORMATION
The Company may require the users to register the information of their name (including nick name), sex, birth date and e-mail address.
2.2 Payment Information
There may be occasions where the users’ credit card information will be acquired in order to process payments relating to paid services. The Company will not retain any credit card information as settlements of purchases shall be completed by the appropriate payment agencies.
ARTICLE 3 TYPE OF USAGE DATA COLLECTED
When the users use the services provided by the Company, the Company shall collect certain usage data. In cases where the users would like to deny the collection of the usage data, the users shall be able to deny the collection of the usage data by the Company with their own decision. The users hereby acknowledge that the Company may not provide the services in cases where the users do not provide the usage data.
3.1 LOG DATA
The Company may automatically record the information such as contents that the users have transmitted, browsing information, time stump, location, or data which identifies the users’ devices.
ARTICLE 4 USE OF PERSONAL INFORMATION
4.1 The Company may use the Personal Information for the purpose of development, provision and improvement of products, services, contents and advertisements of the Company
4.2 The Company may use the Personal Information in order to provide information regarding new products, software updates, events and campaigns of the Company
4.4 The Company may use the Personal Information in order to provide after-purchase servicing such as customer support, audit the improvement of the customer service, analyze and inquire the data.
4.5 In cases where the users participate in a prize competition and other promotional events hosted by the Company, the Company may use the Personal Information for the purpose of delivery of gifts.
4.6 The Company may use the Personal Information for the purpose of prevention of improper use of the services and confirmation of identification of the users.
4.7 The Company may use the Personal Information in order to provide services such as information processing, order execution, administration and expansion of customer data, the provision of customer service, feedback on the interest level of the users regarding the products and services, customer survey and satisfaction survey which may be conducted jointly with a third party pursuant to Article 5.1.
ARTICLE 5 PROVISION OF PERSONAL INFORMATION TO A THIRD PARTY
The Company shall not disclose the Personal Information to a third party except in the following cases or in cases where the Company entrusts certain works to companies which cooperate or support the Company to provide the products and services or to acquire customers. In cases where the Company entrusts certain works, the Company shall disclose the Personal Information to the extent necessary for the achievement of the purpose of use of the Personal Information and shall oblige the entrustee to handle the Personal Information with the same degree of care as the Company uses by way of execution of confidentiality agreements to protect the Personal Information after reviewing the circumstances regarding treatment of the Personal Information by the entrustee.
5.1 JOINT USE
The Company may share the user's personal information with a business partner, when a business partner's cooperation is needed in order to keep providing the Service to the user.
In such circumstances, the Company will inform the user regarding the purpose of information sharing, the name of the business partner and information manager, as well as the type of shared information involved before sharing the user’s personal information with such a business partner.
5.2 PUBLIC AGENCY
In cases where the Company is required to disclose the information of the users by law, legal procedures, lawsuits or governmental agencies inside or outside the country in which the users reside, the Company may disclose the information, without the consent of the users. In the case that the Company determines the disclosure is necessary or appropriate to achieve national security, law-enforcement and other public interest, the Company may also disclose the information.
ARTICLE 6 PROTECTION OF PERSONAL INFORMATION
The Company takes reasonable administrative measures including technical and physical means in order to prevent loss, theft, misuse, unauthorized access, disclosure, defacing, and destruction of the Personal Information. The Company shall restrict and monitor the employees’ access to the Personal Information strictly, and shall oblige all employees to comply with confidential agreements executed between the Company and the employees before their employment. However, as the Company shall not warrant the perfect protection of the Personal Information, the Personal Information shall be provided by the users at their own risk. The Company shall not warrant that in the management of the Personal Information, the Personal Information of the users is protected from the access, disclosure, defacing or destruction caused by technical or physical problems or infringement.
ARTICLE 7 PROCEDURE OF DISCLOSURE, CORRECTION, AND SUSPENSION, ETC. OF PERSONAL INFORMATION
7.1 ACCESS TO DISCLOSURE, CORRECTION, AND SUSPENSION, ETC. OF PERSONAL INFORMATION BY THE USER
Users may, at any time, confirm or correct their registered personal information such as email address on the Service. Users can, through the procedures determined by the Company, delete their accounts.
7.2 PROCEDURE OF DISCLOSURE OF PERSONAL INFORMATION BY THE COMPANY
In addition to the case of Article 7.1, in cases where the users request the Company to disclose their Personal Information in accordance with the Personal Information Protection Law, the Company shall respond to the request without delay after confirmation of identification (if the Personal Information doesn’t exist, the Company shall notify the users to that effect); provided, however, that in the following cases the Company may not disclose whole or a part of the Personal Information:
(1) When disclosure is likely to harm the life, body, property, or other rights or interests of the User or a third party
(2) When disclosure is likely to seriously impede the proper execution of the business of the Company
(3) When disclosure violates laws or regulations
7.3 PROCEDURE OF CORRECTION, ETC OF PERSONAL INFORMATION BY THE COMPANY
In addition to the case of Article 7.1, in cases where a user requests of the Company to correct, add or delete their Personal Information in accordance with the Personal Information Protection Law, by the reason of the inaccuracy of the Personal Information of the users, the Company shall conduct necessary investigation without delay to the extent necessary for the achievement of the purpose of use of the Personal Information after confirmation of identification of the users, take necessary measures based on the results of the investigation within a reasonable period, and notify the users to that effect. (if the Company decides not to do correction etc., the Company shall notify the users to that effect); provided, however, that this shall not apply to cases where the Company shall not have the obligation for correction etc. under the Personal Information Protection Law and other laws and regulations.
7.4 PROCEDURE OF SUSPENSION, ETC.OF PERSONAL INFORMATION BY THE COMPANY
In addition to the case of Article 7.1, in cases where the users request of the Company to suspend the use of or to delete their Personal Information in accordance with the Personal Information Protection Law on the ground that the Personal Information is handled beyond the scope necessary for the achievement of the purpose of use of the Personal Information publicized in advance or that the Personal Information is acquired by deception or other wrongful means, the Company shall suspend the use of or delete the Personal Information without delay after confirmation of identification of the users when the Company deems the request reasonable and shall notify the users to that effect; provided, however, that this shall not apply to cases where the Company shall not have the obligation for suspension and deletion by the Personal Information Protection Law and other laws and regulations.
ARTICLE 8 DISCLAIMER
The users may disclose names or photographs of themselves or a third party, when the users use the Company’s services or services of third parties through the Company’s services. Since they may be disclosed to other users, and other users may see, collect, or use them, it is possible that other users may identify certain individuals including the user themselves. The Company shall not be liable or responsible for damage incurred by the users or third parties. Therefore, if the users would not like to disclose their information, the user should ensure not to register, describe, or send it. The users shall agree that the users shall have full responsibility for the information disclosed and shared voluntarily by the users.
ARTICLE 9 SERVICE OF A THIRD PARTY
ARTICLE 11 INQUIRY
Name of business operator handling personal information: MiraiLab Inc.