TERMS AND CONDITIONS OFJCB SOCIAL MEDIA SERVICE
A customer who intends to use the social media service or its ancillary service (“Service”) which is provided by JCB Co., Ltd., or JCB International Co., Ltd. (collectively “JCB”) must agree to these terms and conditions of JCB Social Media Service (this “Agreement”) before commencement of using the Service.
ARTICLE 1Scope of this Agreement
This Agreement shall apply to all customers using the Service (“Customer”) regardless of his/her registration as a Customer. The Service will be provided on the homepage operated by JCB (“JCB Homepage”) and social media sites operated by third parties designated by JCB (“Third Party Sites”, and together with JCB Homepage, referred to as the “Site”). This Agreement shall apply to the Service which is provided on the JCB Homepage. Further, the terms and conditions governing the Third Party Site (“Third Party Site Rules”) as well as this Agreement shall apply to the Service which is provided on the Third Party Site. If there arises any discrepancy between this Agreement and Third Party Site Rules, the latter shall supersede.
ARTICLE 2Compliance, Consent and Prohibited Acts
In connection with use of the Services, a Customer shall comply with and agree to all of the followings:
A Customer shall be responsible for any and all results arising out of his/her posting, publishing, displaying or otherwise providing contents, images, moving images, and other information (collectively, “Information”) in connection with use of the Service. The word “use of the Service” hereunder means posting, publishing, displaying, providing any Information or otherwise receiving any benefit from the Service. For the avoidance of doubt, only viewing the Site shall be deemed as use of the Service.
A Customer who has caused a third party to suffer from any damage due to a Customer’s use of the Service shall reimburse for all damages to the third party. A Customer shall resolve, with his/her full responsibilities and costs, all disputes with the third party in connection with his/her use of the Service, without doing any harm to JCB.
JCB shall be in no event liable for any damage incurred by a Customer in connection with his/her use of the Service except for those arising out of JCB’s willful misconduct or negligence.
JCB is entitled to request a Customer who violates any item of this Article 2.01 or Article 2.02 to compensate for any and all damages incurred by JCB due to the Customer’s violation of this Agreement.
JCB may delete the Information provided by a Customer on the Site or take other necessary steps without any notice to the Customer if the Customer violates any item of this Agreement.
JCB will not provide any support, representation or warranty on the accuracy, completeness, compliance or other matters regarding the Information provided by the Customer on the Site. Further, there is a possibility that a Customer finds unpleasant, harmful, incorrect or inappropriate Information in connection with use of the Service, and JCB shall be in no event liable for any damage incurred by a Customer or a third party due to a Customer or the third party finding the unpleasant, harmful, incorrect or inappropriate Information.
In connection with use of the Service, a Customer shall not commit any of the followings acts:
Act which infringes or is likely to infringe any right or property of JCB, other Customers or third parties.
Act which defames or slanders JCB, other Customers or third parties or their products or services.
Act which publishes name, telephone number or other personal information of other Customers or third parties or otherwise infringes privacy rights of them.
Election campaign or other similar act.
Propagation or inducement for a specific religion, organization or entity.
Using or copying the Information beyond the extent of personal use. Using or publishing the copied Information to a third party shall not be deemed as personal use.
Using the Information for the commercial purpose.
Transmitting or posting any content including a software, virus, or other computer code, file or program which is designed to interfere, destroy or restrict computer software, hardware or communication equipments.
Using a copyright, trademark, service mark, logo, images under the Service without a prior written consent of JCB.
Act which disadvantages JCB, other Customers, or third parties.
Act which is or likely to be contrary to the public order or in violation of any applicable law and regulation.
Act which provides the Information being harmful, obscene, or violent or including similar scenes.
Act which leads or may lead to a crime.
Act which is vicious, discriminatory or unpleasant to other Customers or third parties.
Act which disturbs operation of the Service or defames JCB.
Act which provides false personal information, masquerades as another person or otherwise provides Information of others.
Act which JCB determines inappropriate.
ARTICLE 3Rules on Intellectual Property Rights
A Customer shall transfer to JCB without any charge, the copyrights (including the rights set forth in the Article 27 and Article 28 of the Copyright Act of Japan, and the rights set forth in the laws and regulations of foreign countries which are equivalent to them) on all Information which the Customer has published on the Site, or transmitted to JCB by emails or otherwise in connection with use of the Service. The Customer shall not exercise the moral rights of author (including the rights set forth in the laws and regulations of foreign countries which are equivalent to them) against JCB’s using the Information.
With respect to the Information which may be protected by any intellectual property right other than copyrights, a Customer shall grant to JCB, a non-limited, transferable, royalty-free license to use those Information anywhere in the world. JCB is also allowed to grant a sublicense to a third party to use the same Information.
A Customer shall not copy, distribute, publish, or transmit to the public, any Information acquired through the Service for any purpose other than personal and private use. Unless otherwise allowed by the Copyright Act of Japan or other laws and regulations of Japan regarding intellectual property rights, a Customer shall not use any Information under the Service without any consent of JCB.
JCB may amend any provision of this Agreement without any consent of a Customer. Amended Agreement shall take effect upon JCB publishing the amended Agreement on the JCB Homepage or the Third Party Site. A Customer is deemed to have agreed to the amended Agreement if the Customer uses the Service after the amended Agreement takes effect.
ARTICLE 5Applicable law and jurisdiction
This Agreement shall be governed by the laws of Japan.
Any and all disputes arising out of this Agreement or in connection with the Service between JCB and a Customer shall be settled at the Tokyo District Court as the exclusive first instance.
This Agreement shall take effect on June 19, 2012.