- 日本語
- English
These terms and conditions were originally written in Japanese and translated into English (US). In the event of any discrepancies between different language versions of these terms and conditions, the original Japanese version takes precedence. Please note that Article 14 contains certain changes to the general terms and conditions for users outside Japan. By accessing or using the services provided by the ARIGATO application, you are required to abide by the following terms and conditions.
Date of Last Revision: March 29, 2011
Article 1. Coverage and Amendments
1. ARIGATO Terms and Conditions (hereinafter referred to as “Terms”) govern the relationship between OKWave, Ltd. (hereinafter referred to as “OKWave”) of Japan, the operating company of the ARIGATO internet services (hereinafter referred to as “Services”) and Users of said Services. Your access and/or use of the Services is conditioned on your acceptance of and compliance with the Terms. By using or accessing the Services you shall be deemed to agree to be fully bound by the Terms.
2. OKWave reserves the right to amend the Terms without prior notice to Users and Users shall agree to be bound by the new Terms.
Article 2. Definition of Basic Terms
1. “User” or “Users” means anyone who accesses or uses the Services made available by ARIGATO.
2. “Content Contributor” or “Content Contributors” means those Users that post questions, translations, comments and/or answers to the Services.
3. “Facebook” means the social network service available at http://www.facebook.com/.
4. “Facebook Account” means an account on Facebook that a User holds.
5. “User information” means data related to User’ Facebook Accounts including, but not limited to, registration information on Facebook, history of posts on the Services and use of the Services.
6. “Posted Text-Based Contents” means the contents of any posts, namely questions, translations, comments and/or answers.
7. “Posted Multimedia Data” means data posted including, but not limited to, graphics, moving images, audio files, and handwriting functions, collaterally with Posted Text-Based Contents, by utilizing the upload functionality of multimedia data.
8. “Posted Contents” means Posted Text-Based Contents and Posted Multimedia Data collectively.
Article 3. Purpose and Scope of Services
1. The purpose of the Services is to allow Users to exchange information in the form of Q&A (question and answer) interactions as well as to offer the opportunity to view the Q&A interactions of other Users in order to gain useful information.
2. OKWave reserves the right to offer additional services or change existing services without prior notice to Users.
3. When Content Contributors post any contents by making use of the Services, the Content Contributors shall use the authentication of Facebook Accounts. Content Contributors acknowledge that their Posted Contents on the Services are linked to the information of the Facebook Accounts that the Content Contributors use for such authentication and are stored and displayed on said Services.
Article 4. Use and Disclosure of User’s Information
1. For the purposes of marketing or improving the Services, User information may be collected and analyzed.
2. User information is handled in accordance with the privacy policy of OKWave.
3. Users agree to allow OKWave to store and handle User information as outlined herein and not to challenge OKWave’s storage and handling.
Article 5. Management of Facebook Accounts
Users shall hold full responsibility of the management of own Facebook Accounts. In the event of a stolen password or misuse of a User’s Facebook Account by someone other than the authorized User, even in circumstances when the authorized User suffers loss or damage, such use of the Services by someone other than the authorized User is deemed as the use by the authorized User and OKWave shall not be held responsible under any circumstances for any resultant loss or damage.
Article 6. Exemption of Liabilities
1. OKWave does not warrant the accuracy or completeness of information provided by the Services. Furthermore, OKWave shall not be responsible for damage which any User or any third party may suffer related to the information found on the Services.
2. OKWave shall not be responsible for opportunity loss, data loss, business interruption or any and all kinds of damage (including indirect damage, specific damage, incidental damage, consequential damage, and lost earnings) which Users may suffer even in circumstance where the possibility of such damage is known or made known to OKWave beforehand.
3. When a User’s use of the Services causes any damage on or dispute with any other User or third party, OKWave shall not be responsible for such damage or dispute arising from said User’s use of the Services, and furthermore OKWave shall not be responsible for the User’s own damage or dispute.
4. Any costs incurred as a result of accessing the internet in order to use the Services shall be borne by Users. OKWave shall not be responsible for the costs.
Article 7. Prohibitions
1. OKWave prohibits following acts in using the Services:
(1) any act contrary to public order and morals;
(2) any act promoting or suggesting a crime;
(3) any act infringing or likely infringing the intellectual property rights, rights to one’s own likeness, and/or publicity rights of a User, third party, and/or OKWave and any of its associated rights;
(4) any act damaging or likely damaging the property, trust, reputation, honor and/or privacy of a User, third party and/or OKWave;
(5) any act disclosing information that can identify a specific individual such as a User or third party without any permissions of said individual;
(6) any act in conflict with the laws and regulations in the area where the Services are provided;
(7) any act causing disadvantage, damage or loss to another User or a third party;
(8) any act that can be considered the slander of another User or a third party;
(9) any act aimed at advertising a business or any other form of advertisement;
(10) any act that excessively or inappropriately aims to lead Users to an external site;
(11) any act that is considered to have a negative effect on children, adolescents or minors;
(12) any act that provides links to sites with age-restrictions including adult-content sites and dating sites, sites containing illegal or malignant content, or any other inappropriate site;
(13) any act to assign or lease a Facebook Account to a third party or any act to share a Facebook Account with a third party;
(14) any act aimed at or causing the disruption or hindrance of the Services;
(15) any act aimed at or causing the defamation of or damage to the trust and/or reputation of OKWave;
(16) any act contrary to the Terms; and
(17) any act not listed that OKWave considers to be inappropriate.
2. In the event of any damages incurred by OKWave as a result of a User’s act listed in the preceding Paragraph, OKWave has the right to claim compensation in the total amount of damages incurred.
Article 8. Termination of Services
1. OKWave reserves the right to terminate the Services without prior notice to a User, and without approval from a User in the following circumstances:
(1) act stipulated in Article 7 or breach of any other article of the Terms;
(2) inappropriate use of a Facebook Account;
(3) inappropriate use of the information provided by the Services;
(4) damages to other Users or third parties have been or are likely to be caused; and
(5) any other circumstances where use of the Services is considered to be inappropriate by OKWave.
2. In the event that the Services are terminated for a particular User based on the preceding Paragraph by OKWave, even in circumstances when said User suffers any damage or loss, OKWave shall not be held responsible.
Article 9. Change and Deletion of Posted Contents
1. OKWave reserves the right to modify and/or delete Posted Contents displayed on the Services without prior consent of the Content Contributor of said contents under the circumstances stipulated below, and additionally, OKWave may claim compensation from said Content Contributor for the damages including costs or expenses relating to the labor associated with the modification or deletion of said contents or any other costs incurred.
(1) in the event of a breach of laws and regulations;
(2) in the event where prohibited matters stipulated in Article 7 or any other article of the Terms have been violated; or
(3) in the event that the immediate modification or deletion of Posted Contents is required as determined by OKWave.
2. OKWave will not modify or delete Posted Contents in any circumstances even in the event that the Content Contributor of said contents makes a direct request for modification or deletion of the Content Contributor’s contents; provided that OKWave may modify or delete the Posted Contents if the preceding Paragraph is applicable to such Posted Contents.
Article 10. Unauthorized Use of Contents
1. OKWave prohibits the use of text, images, illustration or any other content and/or information provided by the Services without prior explicit consent of OKWave.
2. OKWave prohibits the distribution, reproduction and/or reprinting of any content or information found on the Services (including, but not limited to, notices on websites, e-mail newsletter/magazine).
3. If a User violates Paragraph 1 or Paragraph 2 and OKWave suffers any damage as a result of such violations, the User shall pay OKWave compensations for such damage.
Article 11. Usage Rights to Contents
1. OKWave reserves the right to store Posted Contents or use Posted Contents as appropriate on the Services. In the event that OKWave finds it necessary, OKWave may delete or modify any Posted Contents that are stored without obtaining the Content Contributor’s approval.
2. The ownership in the copyrights and other rights in Posted Contents shall be as provided below:
(1) The Content Contributor represents and warrants that it holds any and all property rights, including patent rights, trademark rights, trade secret and copyrights, and the rights such as privacy rights, including rights on personal information and rights of publicity, regarding the Content Contributor’s Posted Contents, and that it has the license, rights, consents and permissions that are necessary to allow OKWave to use the Posted Contents set forth in Sub-paragraph 3 of this Paragraph. Should any dispute arise with any third party, the Content Contributor shall resolve the issue at its own cost and responsibility, and shall indemnify OKWave from and against the same.
(2) The Content Contributor shall not exercise, or cause third parties to exercise, the rights defined in Articles 18 through 20 of the Copyrights Act of Japan against OKWave or any third party designated by OKWave.
(3) The rights defined in Articles 21 through 28 of the Copyrights Act of Japan shall be reserved by the Content Contributor or the original right holders. Based on such assumption, the Content Contributor grants to OKWave a non-exclusive, world-wide, sub-licensable, transferable, and royalty-free license to display, edit, duplicate, reproduce and distribute the Posted Contents, and, if OKWave finds it useful, to use such contents (such act to use including the act to create and use any derivative work such as publication, image, translation, broadcasting and dramatization).
3. Under the license provided for in Paragraph 2 above, OKWave reserves the right to edit, duplicate or reproduce any Posted Contents, or, if OKWave finds it useful, to use such Posted Contents (such act to use including the act to use any derivative work such as publication, image, translation, broadcasting and dramatization). In doing so, OKWave shall not be required to make any payment to the Content Contributor of said contents, and OKWave may elect not to display the Content Contributor’s Facebook Account or any name or information that represents the Content Contributor.
4. Under no circumstance shall OKWave be liable for any damage suffered by any User or any third party with respect to the use of Posted Contents.
Article 12. Temporary Suspension of Service
OKWave may suspend the Services temporarily for the following reasons without prior notice to Users, and, in the event of suspension of the Services, OKWave shall not be held responsible for any damages or losses caused by said suspension.
(1) suspension due to system maintenance, inspection repair, etc.;
(2) suspension due to fire, power failure or any natural disaster;
(3) suspension due to administrative or technical problems; or
(4) suspensions deemed necessary by OKWave.
Article 13. Change, Suspension and Termination of Services
1. OKWave may change contents of the Services without prior notice to Users.
2. OKWave may suspend or stop the Services without prior notice to Users.
3. OKWave shall not be held liable for damages or losses that may occur to Users or third parties as a result of changing, suspending or stopping of the Services.
Article 14. International Usage of Services
1. In the event of using the Services from outside of Japan, Users shall adhere to all applicable laws of countries of residence and international treaties.
2. In the event that use of the Services by a User outside of Japan is in conflict with Japanese law or causes damage to the User itself or to a third party despite being in adherence with the laws of the country of the User’s residence and/or international treaties, OKWave shall not be held liable under any circumstances.
Article 15. Governing Law
The Terms shall be governed by and construed under the laws of Japan.
Article 16. Jurisdiction
In case of any dispute regarding the Services between OKWave and a User or a third party, any disputes shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 17. Effectiveness of the Terms
The Terms are effective as of November 1, 2011.
Date of Last Revision: March 29, 2011
ARIGATO Terms & Conditions
Article 1. Coverage and Amendments
1. ARIGATO Terms and Conditions (hereinafter referred to as “Terms”) govern the relationship between OKWave, Ltd. (hereinafter referred to as “OKWave”) of Japan, the operating company of the ARIGATO internet services (hereinafter referred to as “Services”) and Users of said Services. Your access and/or use of the Services is conditioned on your acceptance of and compliance with the Terms. By using or accessing the Services you shall be deemed to agree to be fully bound by the Terms.
2. OKWave reserves the right to amend the Terms without prior notice to Users and Users shall agree to be bound by the new Terms.
Article 2. Definition of Basic Terms
1. “User” or “Users” means anyone who accesses or uses the Services made available by ARIGATO.
2. “Content Contributor” or “Content Contributors” means those Users that post questions, translations, comments and/or answers to the Services.
3. “Facebook” means the social network service available at http://www.facebook.com/.
4. “Facebook Account” means an account on Facebook that a User holds.
5. “User information” means data related to User’ Facebook Accounts including, but not limited to, registration information on Facebook, history of posts on the Services and use of the Services.
6. “Posted Text-Based Contents” means the contents of any posts, namely questions, translations, comments and/or answers.
7. “Posted Multimedia Data” means data posted including, but not limited to, graphics, moving images, audio files, and handwriting functions, collaterally with Posted Text-Based Contents, by utilizing the upload functionality of multimedia data.
8. “Posted Contents” means Posted Text-Based Contents and Posted Multimedia Data collectively.
Article 3. Purpose and Scope of Services
1. The purpose of the Services is to allow Users to exchange information in the form of Q&A (question and answer) interactions as well as to offer the opportunity to view the Q&A interactions of other Users in order to gain useful information.
2. OKWave reserves the right to offer additional services or change existing services without prior notice to Users.
3. When Content Contributors post any contents by making use of the Services, the Content Contributors shall use the authentication of Facebook Accounts. Content Contributors acknowledge that their Posted Contents on the Services are linked to the information of the Facebook Accounts that the Content Contributors use for such authentication and are stored and displayed on said Services.
Article 4. Use and Disclosure of User’s Information
1. For the purposes of marketing or improving the Services, User information may be collected and analyzed.
2. User information is handled in accordance with the privacy policy of OKWave.
3. Users agree to allow OKWave to store and handle User information as outlined herein and not to challenge OKWave’s storage and handling.
Article 5. Management of Facebook Accounts
Users shall hold full responsibility of the management of own Facebook Accounts. In the event of a stolen password or misuse of a User’s Facebook Account by someone other than the authorized User, even in circumstances when the authorized User suffers loss or damage, such use of the Services by someone other than the authorized User is deemed as the use by the authorized User and OKWave shall not be held responsible under any circumstances for any resultant loss or damage.
Article 6. Exemption of Liabilities
1. OKWave does not warrant the accuracy or completeness of information provided by the Services. Furthermore, OKWave shall not be responsible for damage which any User or any third party may suffer related to the information found on the Services.
2. OKWave shall not be responsible for opportunity loss, data loss, business interruption or any and all kinds of damage (including indirect damage, specific damage, incidental damage, consequential damage, and lost earnings) which Users may suffer even in circumstance where the possibility of such damage is known or made known to OKWave beforehand.
3. When a User’s use of the Services causes any damage on or dispute with any other User or third party, OKWave shall not be responsible for such damage or dispute arising from said User’s use of the Services, and furthermore OKWave shall not be responsible for the User’s own damage or dispute.
4. Any costs incurred as a result of accessing the internet in order to use the Services shall be borne by Users. OKWave shall not be responsible for the costs.
Article 7. Prohibitions
1. OKWave prohibits following acts in using the Services:
(1) any act contrary to public order and morals;
(2) any act promoting or suggesting a crime;
(3) any act infringing or likely infringing the intellectual property rights, rights to one’s own likeness, and/or publicity rights of a User, third party, and/or OKWave and any of its associated rights;
(4) any act damaging or likely damaging the property, trust, reputation, honor and/or privacy of a User, third party and/or OKWave;
(5) any act disclosing information that can identify a specific individual such as a User or third party without any permissions of said individual;
(6) any act in conflict with the laws and regulations in the area where the Services are provided;
(7) any act causing disadvantage, damage or loss to another User or a third party;
(8) any act that can be considered the slander of another User or a third party;
(9) any act aimed at advertising a business or any other form of advertisement;
(10) any act that excessively or inappropriately aims to lead Users to an external site;
(11) any act that is considered to have a negative effect on children, adolescents or minors;
(12) any act that provides links to sites with age-restrictions including adult-content sites and dating sites, sites containing illegal or malignant content, or any other inappropriate site;
(13) any act to assign or lease a Facebook Account to a third party or any act to share a Facebook Account with a third party;
(14) any act aimed at or causing the disruption or hindrance of the Services;
(15) any act aimed at or causing the defamation of or damage to the trust and/or reputation of OKWave;
(16) any act contrary to the Terms; and
(17) any act not listed that OKWave considers to be inappropriate.
2. In the event of any damages incurred by OKWave as a result of a User’s act listed in the preceding Paragraph, OKWave has the right to claim compensation in the total amount of damages incurred.
Article 8. Termination of Services
1. OKWave reserves the right to terminate the Services without prior notice to a User, and without approval from a User in the following circumstances:
(1) act stipulated in Article 7 or breach of any other article of the Terms;
(2) inappropriate use of a Facebook Account;
(3) inappropriate use of the information provided by the Services;
(4) damages to other Users or third parties have been or are likely to be caused; and
(5) any other circumstances where use of the Services is considered to be inappropriate by OKWave.
2. In the event that the Services are terminated for a particular User based on the preceding Paragraph by OKWave, even in circumstances when said User suffers any damage or loss, OKWave shall not be held responsible.
Article 9. Change and Deletion of Posted Contents
1. OKWave reserves the right to modify and/or delete Posted Contents displayed on the Services without prior consent of the Content Contributor of said contents under the circumstances stipulated below, and additionally, OKWave may claim compensation from said Content Contributor for the damages including costs or expenses relating to the labor associated with the modification or deletion of said contents or any other costs incurred.
(1) in the event of a breach of laws and regulations;
(2) in the event where prohibited matters stipulated in Article 7 or any other article of the Terms have been violated; or
(3) in the event that the immediate modification or deletion of Posted Contents is required as determined by OKWave.
2. OKWave will not modify or delete Posted Contents in any circumstances even in the event that the Content Contributor of said contents makes a direct request for modification or deletion of the Content Contributor’s contents; provided that OKWave may modify or delete the Posted Contents if the preceding Paragraph is applicable to such Posted Contents.
Article 10. Unauthorized Use of Contents
1. OKWave prohibits the use of text, images, illustration or any other content and/or information provided by the Services without prior explicit consent of OKWave.
2. OKWave prohibits the distribution, reproduction and/or reprinting of any content or information found on the Services (including, but not limited to, notices on websites, e-mail newsletter/magazine).
3. If a User violates Paragraph 1 or Paragraph 2 and OKWave suffers any damage as a result of such violations, the User shall pay OKWave compensations for such damage.
Article 11. Usage Rights to Contents
1. OKWave reserves the right to store Posted Contents or use Posted Contents as appropriate on the Services. In the event that OKWave finds it necessary, OKWave may delete or modify any Posted Contents that are stored without obtaining the Content Contributor’s approval.
2. The ownership in the copyrights and other rights in Posted Contents shall be as provided below:
(1) The Content Contributor represents and warrants that it holds any and all property rights, including patent rights, trademark rights, trade secret and copyrights, and the rights such as privacy rights, including rights on personal information and rights of publicity, regarding the Content Contributor’s Posted Contents, and that it has the license, rights, consents and permissions that are necessary to allow OKWave to use the Posted Contents set forth in Sub-paragraph 3 of this Paragraph. Should any dispute arise with any third party, the Content Contributor shall resolve the issue at its own cost and responsibility, and shall indemnify OKWave from and against the same.
(2) The Content Contributor shall not exercise, or cause third parties to exercise, the rights defined in Articles 18 through 20 of the Copyrights Act of Japan against OKWave or any third party designated by OKWave.
(3) The rights defined in Articles 21 through 28 of the Copyrights Act of Japan shall be reserved by the Content Contributor or the original right holders. Based on such assumption, the Content Contributor grants to OKWave a non-exclusive, world-wide, sub-licensable, transferable, and royalty-free license to display, edit, duplicate, reproduce and distribute the Posted Contents, and, if OKWave finds it useful, to use such contents (such act to use including the act to create and use any derivative work such as publication, image, translation, broadcasting and dramatization).
3. Under the license provided for in Paragraph 2 above, OKWave reserves the right to edit, duplicate or reproduce any Posted Contents, or, if OKWave finds it useful, to use such Posted Contents (such act to use including the act to use any derivative work such as publication, image, translation, broadcasting and dramatization). In doing so, OKWave shall not be required to make any payment to the Content Contributor of said contents, and OKWave may elect not to display the Content Contributor’s Facebook Account or any name or information that represents the Content Contributor.
4. Under no circumstance shall OKWave be liable for any damage suffered by any User or any third party with respect to the use of Posted Contents.
Article 12. Temporary Suspension of Service
OKWave may suspend the Services temporarily for the following reasons without prior notice to Users, and, in the event of suspension of the Services, OKWave shall not be held responsible for any damages or losses caused by said suspension.
(1) suspension due to system maintenance, inspection repair, etc.;
(2) suspension due to fire, power failure or any natural disaster;
(3) suspension due to administrative or technical problems; or
(4) suspensions deemed necessary by OKWave.
Article 13. Change, Suspension and Termination of Services
1. OKWave may change contents of the Services without prior notice to Users.
2. OKWave may suspend or stop the Services without prior notice to Users.
3. OKWave shall not be held liable for damages or losses that may occur to Users or third parties as a result of changing, suspending or stopping of the Services.
Article 14. International Usage of Services
1. In the event of using the Services from outside of Japan, Users shall adhere to all applicable laws of countries of residence and international treaties.
2. In the event that use of the Services by a User outside of Japan is in conflict with Japanese law or causes damage to the User itself or to a third party despite being in adherence with the laws of the country of the User’s residence and/or international treaties, OKWave shall not be held liable under any circumstances.
Article 15. Governing Law
The Terms shall be governed by and construed under the laws of Japan.
Article 16. Jurisdiction
In case of any dispute regarding the Services between OKWave and a User or a third party, any disputes shall be subject to the exclusive jurisdiction of the Tokyo District Court.
Article 17. Effectiveness of the Terms
The Terms are effective as of November 1, 2011.
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