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

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

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

2.  Password Control and Change of Registration Information

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.

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.

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.

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

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.

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.

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

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

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.

Established on October 1, 2016