Wepage Terms of Use

Wepage (hereinafter called the “Service”) is a communication service where you can share pictures and movies posted on a Group Page with your families and friends with an application (hereinafter called the “Application”) and web pages provided by iMobile, Inc. (hereinafter called “We”) for smartphones. You are required to agree to these Wepage Terms of Use (hereinafter called the “Terms”) before using this Service. The users of this Service (hereinafter called the “Users”) shall agree to all provisions of these Terms.

Article 1 Definitions

The following terms shall have the following meanings for the purposes of these Terms.

1. “Member” shall mean the User who agrees to these Terms and applies for the Service in the manner specified by these Terms and Us, and then whose application is approved by Us.

2. “Contents” shall collectively mean the media and document files, including the website page templates and texts, messages, information, data, graphics, photos, images, illustrations, animations, software, audio, and videos constituting such templates.

3. “Posted Contents” shall collectively mean the Contents posted, sent and uploaded by the Members.

4. “Registration Information” shall all kinds of information, including personal information, which the Members provide for Us to use the Service.

5. “Personal Information” shall mean, among the information which the Members provide for Us to use the Service, such information about an individual that can identify the specific individual (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).

6. “Password” shall mean such Registration Information that is necessary for Us to authenticate connection by the Members, including profile names, email addresses and passwords, and also mean the password to access the Limited Released Page.

7. “Group Page” shall mean the pages created by the Members by use of the Service.

8. “Limited Released Page” shall mean the password-protected Group Pages released on the Internet by the Members by use of the Service.

9. “Administrator” shall mean the Member who administrates, edits, and views the Group Page.

10. “Editor” shall mean the Member who is invited by the Administrator to edit and view the Administrator’s Group Page.

11. “Viewer” shall mean the Member who is invited by the Administrator to view the Administrator’s Group Page.

12. “Group Member” shall collectively mean the Administrators, the Editors, the Viewers, and any other Members of a certain Group Page.

Article 2 General Provisions

1. Regulations

We provide the service of, and other services offered through, Wepage in accordance with these Terms. In addition to these Terms, other precautions, handling regulations, and other rules on the use of respective services and functions under the Service to be separately notified in writing or posted on Our website shall constitute a part of these Terms and have the same effects as these Terms.
If any provision of these Terms is determined to be illegal, unjust, or otherwise invalid for whatever reasons, such invalidity shall not affect the validity of other provisions of these Terms.

2. Amendment of These Terms

• We may revise the provisions of these Terms without prior notice to the Users. Unless in exceptional cases separately designated by Us, the posting of the revised Terms in the Service shall be considered as the notice of such revised Terms to the Users, and the revised Terms shall be effective to the Users at the time of the first use of the Service by the Users after the revision of the Terms.
• If any revision of provisions made pursuant to the preceding Paragraph affects the basic matters of the Service, We shall give notice of the revised provisions to the Users in the manner We specify.

3. Method of Giving Notice

Notice of any matter concerning these Terms from Us to the Members shall be given by posting in the Service, in writing, by email, or in any other method We designate.

Article 3 Purposes of Service

1. Outlines of Service

• In this Service, the Users may use a communication service where you can share pictures and movies posted on a Group Page with your families and friends with an application and web pages for smartphones administered, maintained, and operated by Us. When necessary, We may add new services or change the Service, and the Users are required to use the Service with prior understanding of such potential change.
• All communications expenses incidental to the use of the Service and the Application, such as the cost of email reception by communications devices (including mobile phones) and the cost of viewing the Limited Released Pages, shall be paid by the Users.

2. Placing and Delivering Advertisements

We may, without the prior consent of the Users, place and deliver advertisements for Us and for third parties by use of the Service.

3. Campaign and Questionnaire

We may implement a campaign and a questionnaire survey targeting the Members at any time.

Article 4 Use of the Service

1. Conditions of Use

• The Users shall register themselves as the Members in the manner specified in these Terms and by Us, after giving consent to all provisions of these Terms including the followings, with regard to the maintenance of security of the Registration Information and the Posted Contents.
  • The Registration Information must derive from the User in person, and the registration of false information is prohibited. Creating an account by use of an email address and other information of any other person is also prohibited, if permission is not obtained.
  • Application for the Service by the Member whose use of the Service was suspended by Us is prohibited, if Our permission is not granted.
  • Application for the Member Service by children younger than 13 years old is prohibited. If We determine that any Member is under 13 years old, We may delete all Registration Information and Posted Contents of such Member.
  • Application for the Service by anti-social forces is prohibited.
• Application for the Service shall be effectively completed at the time when We issue an account for a User to use the Service and the Application.

2.  Password Control and Change of Registration Information

• The Members shall control their Passwords at their risk and expense, and shall not allow third parties to use, assign or lend to third parties, cause third parties to inherit, or otherwise release to the public their Passwords.
• The Member shall be responsible for any damage caused by leakage of information, erroneous use or use by third parties of the Password, and unauthorized access caused by the Member’s insufficient management of the Password, and in this case, We will not bear any responsibility. If damage is incurred by Us due to unauthorized use of the Password, the relevant Member shall compensate Us for such damage.
• When there is any change to the Registration Information, the Password is known by a third party, or the use of the Password by a third party is suspected, the Member shall immediately notify Us in the manner specified in these Terms and by Us, and shall take every possible measure to prevent the use of the Password by the third party and follow Our instructions, if any. If the Member suffers detriment as a result of failure to give notice and take measures as stipulated above, We will not bear any responsibility.

3. Non-assignment of Rights and Obligations

The Users, without Our prior written approval, may not assign, transfer, lend to third parties, or cause third parties to inherit, any right or obligation under these Terms.

4. Refusal of Application

If any item listed in above Paragraph 1 is applicable to the Member, We may deny such Member’s application for the Service.

Article 5 Usage Fee

This Service is provided without charge, in principle. If We intend to charge for the use of the Service, We shall give prior notice to the Users and obtain Users’ consent.

Article 6 Registration Information

1. We use the Registration Information for the following purposes.

• Operation of the Service, including the provision of various information for the Members.
• Provision of information regarding the products and services of Our tie-up companies.
• Implementation of the questionnaire survey set forth in Paragraph 3 of Article 3 and the analysis of the results of the questionnaire survey.
• Notification to the Members of the matters set forth in Paragraph 1 of Article 13.
• Request for the Members’ consent to the acquisition and use of personal information as specified in Article 7.

2. We will handle personal and private information contained in the Registration Information in accordance with the provisions of Article 7 hereof and Our privacy policy.

3. We will pay utmost attention to the security of information offered by the Users.

Article 7 Acquisition and Use of Personal Information

1. Official Trade Name

iMobile, Inc.

2. Privacy Administrator

Security & Network Chief Privacy Officer

3.  Purpose of Use and Handling of Members’ Personal Information

The following is the intended use of the Members’ personal information.

• Provision of the Service.
• Notice of exhibitions, product information, and events by telephone, regular mail, and e-mail.
• Questionnaire survey for marketing activities such as consumer trends survey.

4. Commission of Handling of Personal Information

We may partially commit the handling of personal information to subcontractors for better services to the Members. We evaluate the level of personal information management at potential subcontractors and select those subcontractors where necessary security measures are in place. In addition, We properly manage and supervise Our subcontractors.

5. Optional Provision of Personal Information

Providing personal information to Us is optional for the Members. However, the Members are required to acknowledge that non-provision of personal information may result in cases where We are unable to reply or provide services to the Members.

6. Change of Personal Information

With regard to personal information We obtain, We will respond to requests for, for example, notification of the purposes of use; disclosure; correction, addition, and erasure of the information; discontinuation of the use of the information; deletion of the entire information; and discontinuation of the provision of the information for third parties. Below is Our contact to receive such requests.

【Contact for Personal Information】
iMobile, Inc.
Address: VORT GaiemmaeⅢ BLD. 3F, 3-42-2 Jingumae, Shibuya-ku, Tokyo, Japan
TEL: 03-6743-7711 (+81-3-6743-7711 from outside Japan)
FAX: 03-6272-8904 (+81-3-6272-8904 from outside Japan)
Email: privacy@imobile.co.jp
Contact: Our staff in charge of inquiries about personal information

Article 8 Invitation to and Withdrawal from Group Members

1. The Administrator may invite the User to be the Administrator and the Editor in the manner We specify.

2. The Administrator and the Editor may invite the User to be the Viewer in the manner We specify.

3. If the Administrator erroneously invites a wrong User, the consequent damage to the Administrator’s and the Editor’s Posted Contents, if any, shall be borne by the Administrator, and We will have no responsibility for such damage.

4. The Administrators may, under their own responsibility, remove the Editors and Viewers of their Group Pages from the Group Members without giving notice to such Editors and Viewers. If the Administrator withdraws from the membership pursuant to Article 9, and if he/she is the sole Administrator of his/her Group Page, then the Editors and the Viewers of such Group Page are automatically removed from the Group Members of such Administrator.

5. The Member may, under his/her own responsibility, withdraw from the Group Members of the participating Group Page without giving notice to the Administrator of such page. Nonetheless, withdrawal of the Administrator who is the sole Administrator of his/her Group Page requires the invitation of any other User as the Administrator of the page.

Article 9 Withdrawal from Membership

1. The Members may, by taking the procedure specified in these Terms and by Us, withdraw from the membership at any time.

2. After withdrawal from the membership, the Members shall lose all rights granted to the Members, including the right to use all services stipulated in Article 3, to be provided information by email and other media, and to win a prize in the campaign and the questionnaire.

3. In case any of the following matters is, or We consider that any of the following matters is, applicable to the Member, We may, at Our own discretion, immediately discontinue the use of the whole or a part of the Service by the Member, cancel the Member’s membership, or take any other measure against the Member which We consider appropriate, without giving prior notice to, and obtaining the consent of, the Member. In this case, We are not obliged to disclose the reason for taking such measure to the Member concerned. Moreover, if any damage is incurred by Us in connection with the measure We take, the Member shall compensate Us for such damage.

• The Member violates any provision of these Terms.
• The operation of Our business or Our telecommunications equipment including servers is obstructed for reasons attributable to the Member, or any action by the Member is likely to cause such obstruction.
• The Member has caused trouble with a third party in connection with the use of the Service, or a third party has accused the Member for any trouble.
• We have determined that the registered email address of the Member is not working.
• The Member has performed any prohibited act stipulated in Article 12, or any act which is likely to fall under the prohibited act stipulated in Article 12.
• The Member deceased.
• There is any other reason for Us to determine that providing the Service to the Member is not appropriate.

Article 10 Group Pages and Contents

1. Group Pages

All rights in and to the Group Pages created by use of the Service shall be retained by the Administrator of the Group Page. The Administrator shall be solely responsible for the legitimacy, accuracy, appropriateness, validity, moral quality, and non-infringement of rights of others of the Administrator’s Group Page.

2. Posted Contents

• We will not view, change, and delete the Posted Contents, in principle. Nonetheless, if the disclosure of the Posted Contents is required pursuant to any laws and regulations, ordinances, or rules applicable to Us, We may respond to such request of disclosure.
• Notwithstanding the foregoing, We may view, change, and delete the Posted Contents if We consider it necessary to resolve technical trouble, to maintain security, or for other reasons for the operation of the Service, and the Members shall acknowledge such possibility in advance. In this case, We shall not be responsible for any relevant damage incurred by the Members, and the Members shall not make any claim against Us.
• If the Posted Contents is lost, destroyed, altered, or leaked for whatever reasons, We shall not bear obligation to restore the contents and bear any responsibility to the Members or third parties who suffer damage from such loss, destruction, alternation, or leakage. In this case, the Members shall not challenge Us.
• The Members shall be responsible for periodical backup of the Posted Contents to prepare for their loss, destruction, alternation, or leakage.
• When the Member withdraws from the Group Members of his/her participating Group Page pursuant to the provision of Paragraph 4 of Article 8, all Posted Contents of the Member in the Group Page, including comments and activities, shall be deleted as set forth in Paragraph 4 of Article 11.
• When the Member withdraws from the Service pursuant to the provisions of Article 9, all Posted Contents of the Member in the Service, including comments and activities, shall be deleted as set forth in Paragraph 4 of Article 11.
• We take measures, within a scope commercially and reasonably feasible, against known defects which can lead to unauthorized access to, or loss, destruction, alternation, or leakage of, the Posted Contents.
• Except for the cases stipulated in these Terms, We do not disclose the Posted Contents to third parties and use same for any purposes other than the performance of the Service.

Article 11 Copyrights and Other Intellectual Property Rights

1. With regard to the Service We provide, We grant to the Users the non-transferable, non-sublicensable, and non-exclusive right to use the Service. It shall be acknowledged that the only purpose of such right is to use the Service.

2. Copyrights and other intellectual property rights, portrait rights, right of publicity and other moral rights, and right of ownership and other property rights in and to the texts, images, program, and any other information consisting of the Service shall belong to Us or third parties who have such rights, except for the rights in and to information generated by the Users (excluding the case as set forth in Paragraph 2 of Article 9).

3. All rights in and to the Posted Contents shall be retained by the Users who posted the contents. The Users’ transmitting, posting, and showing of the Posted Contents in the Service or via the Service shall be deemed the grant of license within the scope necessary for the provision of the Service. In case the work created by the User infringes the rights of third parties, such User shall solve the issue at its expense and risk and shall not cause any trouble or damage to Us.

4. We will delete all Posted Contents of the Member, including all comments and activities, when such Member withdraws from the Service or when the Service is discontinued, and the Members shall acknowledge such procedure. The Members shall not make a claim of copyright infringement against Us or otherwise challenge Us in any manner in connection of above procedure.

Article 12 Prohibited Acts

1. The Members or the Users shall not act in any way specified in below Paragraph 4, or post information or send emails (“Post”) which contain, or are suspected to contain, information or description as set forth in below Paragraph 4.

2. If We determine that the Member or the User breaches the provisions of Article 12, We may delete the Posted Contents, suspend the Member or the User from using the whole or a part of the Service, cancel the membership of the Member or the User, or take any other measures We consider appropriate.

3.  In case the Member or the User breaches any provision of Article 12, We are entitled to claim for compensation for any and all damage incurred by Us due to such breach (including reasonable attorney’s fee) against the Member or the User concerned.

4. The prohibited acts stated in above Paragraph 1 shall be as follows.

• Sending, mediating the transmission of, or receiving information containing obscenity, gambling, violence, or savagery, and any other act against, or suspected to be against, the public order and morals.
• Criminal acts and any act abetting, or suspected to be abetting, criminal acts.
• Acts of violating copyrights, trademark rights, property, privacy, and other rights of other people, or any acts likely to violate such rights.
• Defamation and libelous acts, or any acts suspected to be defamation or libelous acts.
• Acts of encouraging, or acts likely to encourage, sexual, ethnic, or racial discrimination.
• Sending, mediating the transmission of, or receiving information containing harmful program, false or fraudulent information, or information conflicting with laws and regulations, or any acts likely to send, mediate the transmission of, or receive such information.
• Acts of threatening the security of the Service such as sharing the Registration Information with others.
• Commercial activities by use of the Service without Our approval.
• Acts of disturbing, or likely to disturb, the operation of the Service or Our business operations.
• Acts against, or likely against, laws and regulations.
• Any other acts determined inappropriate by Us.

Article 13 Change, Suspension, Discontinuation, and Termination of Service

1. We may change, discontinue, and terminate the whole or a part of the Service for any reason without giving prior notice to the Members. Nonetheless, in the case of the abolition of the entire Service, We will give prior notice to the Members or post the prior notice on the Application, whichever We consider appropriate.

2.  When the Service is terminated pursuant to the provision of above Paragraph 1, all Posted Contents, including comments and activities, of the relevant Members shall be deleted in the Service.

3. In any of the following cases, We may temporary suspend the Service without giving prior notice.

• When the Service is disturbed due to natural disaster, power outage, and any other reasons not attributable to Us.
• When the operation of the network relevant to the Service is affected by the failure or shutdown of telecommunication equipment owned by the relevant service providers.
• When disturbance occurs in Our telecommunication equipment.
• In any other cases where We determine that temporary suspension of the Service is necessary.

4. When maintenance or construction work for the telecommunication equipment is implemented in the facilities which affect Our network operation, We may temporary suspend the Service by giving prior notice to the Members as much as possible.

5.  For maintenance services for the enhancement or supervision of security or performance, We may temporary suspend the Service by giving prior notice to the Members as much as possible.

6.  If any act by the Member or by a third party who wrongfully accesses the Member’s account and uses the Member’s identity is correspondent to any of the acts specified in Paragraph 4 of Article 12, We may temporary suspend the Service without giving prior notice to such Member.

7. Rules on High Load

• If high load is likely to give material effect to the operation of the equipment, We may temporary suspend the whole or a part of the Service without giving prior notice.
• If the cause of the temporary suspension of the Service pursuant to the preceding Paragraph is attributable to the User, such User shall take either of the following measures.
  • To remove the cause of the high load and continue to use the Service. In this case, the cost of work performed by Us, if any, shall be paid by the User.
  • To withdraw from the membership in accordance with Paragraph 3 of Article 9.

Article 14 Disclaimer

1. Scope of Maintenance

We guarantee the normal performance of the Service according to Our standards. However, We do not guarantee that the Service normally operates with any load or in any circumstances.
If the Service is suspended for reasons such as unexpected halt of the relevant equipment, We will attempt to restore the Service as quickly as possible, but will not guarantee the time limit of the restoration.

2. Service Operation

• We do not guarantee the legitimacy, accuracy, appropriateness, validity, moral quality, and the acquisition of license of any information contained in the Service. Moreover, the Users understand and agree that the Service may contain bugs, may be interrupted, or may not operate as intended or instructed.
• We will not be responsible for any trouble arising between the Users or between the User and a third party in connection with the Service (such as solicitation of illegal acts or acts against the public order and morals, defamation, insult, invasion of privacy, threatening, libelous acts, and harassment), unless such trouble is caused by Our intention or gross negligence.
• If any advertisement distributed under the Service violates the rights of the User or third parties, or any dispute arises from such violation of rights, We will not be responsible for such violation and dispute, unless such violation and dispute are caused by Our intention or gross negligence.
• We will not be responsible for any damage incurred by the Users arising from the change, suspension, discontinuation, and termination of the Service pursuant to Article 13 (including, but not limited to, damage arising from the loss of information), unless such damage is caused by Our intention or gross negligence.
• We will not be responsible for any damage incurred by the environments of the Users’ personal computers, smartphone terminals, mobile terminals, and software, or otherwise infection with a computer virus. We may give notice to the Users of suitable environments in the manner We specify.
• All transactions between the Members and third parties including the advertisers of the advertisements offered under the Service (including participation in prize competitions and promotional events) shall be conducted under the responsibility of such Members and third parties, and We will not be responsible for such transactions.

3. In addition to the cases stated above, We will not be responsible for any damage suffered by the Users arising from the use of the Service, unless such damage is caused by Our intention or gross negligence.

Article 15 Governing Law and Jurisdiction

These Terms and all relevant legal acts shall be governed and construed in accordance with the laws of Japan, irrespective of the countries of residence of the Users. Any claim, legal procedure, and legal action shall be first submitted exclusively to the Tokyo District Court. Both parties shall agree to the jurisdiction of such court and waive all challenges of inconvenient forum.