Terms and Conditions

1.1 ACCEPTANCE OF TERMS OF SERVICE

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE ("Terms") BEFORE USING THE SERVICES WHICH ARE PROVIDED BY ACCESS CO., LTD. AND ITS AFFILIATES (COLLECTIVELY, "ACCESS"). IF YOU DO NOT AGREE TO ALLTHE TERMS, YOU MAY NOT USE THE SERVICES. USING ANY PART OF THE SERVICES INDICATES THAT YOU ACCEPT THE TERMS.

1.2 ADDITIONAL TERMS

When using particular services, You may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into these Terms and Conditions. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions. ACCESS may also offer other services that are governed by different Terms and Conditions.

1.3 TERMS UPDATES

ACCESS may update the Terms from time to time without notice to You.

Your use of ACCESS' products, software, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to You by ACCESS under a separate written agreement) is subject to the Terms.

ACCESS grants You a non-exclusive, non-transferable, royalty-free license to use the Services subject to and solely in accordance with the terms, conditions and restrictions set forth in the Terms. The use of the Services may only be for personal and non-commercial purposes.

You acknowledge and agree that ACCESS or its licensors own all legal rights, title and interest in and to the Services including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ACCESS and / or its licensors, and that You shall not disclose such information without ACCESS' and/ or its licensors' prior written consent.

You retain copyright and any other rights on information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively "Content") that You submit, post, email, transmit or otherwise make available via the Services.

By submitting, uploading, posting, emailing, transmitting or otherwise making available the Content, You give ACCESS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute through multiple tiers of distribution any Content that You submit, upload, post, email, transmit or otherwise make available via the Services.

You agree that this license includes a right for ACCESS to make such Content available to other companies, organizations and individuals with whom ACCESS has relationships for the provision of Services, and to use such Content in connection with the provision of those Services.

You agree that this license also includes a right for ACCESS, in performing the required technical steps to provide the Services to our users, (i) to transmit or distribute Your Content over various public networks and in various media; and (ii) to make such changes to Your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services, advertisements or media.

You are entirely responsible for all Content that You submit, post, email, transmit or otherwise make available via the Services. ACCESS does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ACCESS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or damages of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

All copyrights, trademarks or trade names mentioned in the Services are the property of ACCESS or its licensors.

You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless You have been expressly authorized to do so in writing by ACCESS, You agree that in using the Services, You will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

• Additional Information

7.1 REGISTRATION OF USERS’ INFORMATION

In order to use the Services, You agree to provide true, accurate, current and complete information on yourself as prompted by the prescribed form.

You shall not register or use, as the user name, any name of other natural person, partnership, corporation, limited liability corporation, company, organization or other legal entity.

7.2 ACCOUNTS AND PASWORDS SECURITIES

You will choose a user name and a password to create an account. You are responsible for maintaining the confidentiality of Your user name and password and entirely responsible for all activities that occur under Your user name or password.

ACCESS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING FROM YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD.

If You become aware of any misuse of user names, password or data, You agree to notify ACCESS immediately. The notices concerning the misuse of user names, password or data should be directed to;

• E-mail contact

7.3 PERSONAL INFORMATION AND PRIVACY POLICY

You may be required to provide us with information about You such as Your e-mail address, name, home or work address, telephone number, Your ZIP code, age, gender, preferences or interests and favorites (collectively “Personal Information”) when You use the Services. You understand that NetFront Widgets Player will transmit, automatically or at Your choice, Your user name or other information and data relating to the Content on the player, etc. to the server of ACCESS.

ACCESS is committed to respecting Your privacy. Our Privacy Policy explains the collection, use, and disclosure of Your Personal Information by us.

• Additional information

8.1 USERS' CONDUCT

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ACCESS, unless You have been specifically allowed to do so in a separate written agreement signed by an authorized representative of ACCESS. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with the instructions set out in any file present on the Services.

You agree not to use other person’s account.

You agree not to upload, submit, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You agree not to interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

You agree that You will not submit, upload, post, email, transmit or otherwise make available any Content that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

You agree that You will not submit, upload, post, email, transmit or otherwise make available any Content for the commercial purposes; e.g., Content supported by advertising revenue and/or displaying advertisements and promotions, unless You have been specifically allowed to do so in a separate written agreement signed by an authorized representative of ACCESS.

8.2 RESTRICTED ACTIONS

You may not, and may not authorize any third party to, use the Services for any reason or purpose other than as specified by these Terms. Without limiting the foregoing, You shall not, (i) sell, rent, lend, lease, assign, sublicense or transfer the Services to any other person or entity; (ii) use or rely on any part of the Services or the technology embodied therein for the purpose of making improvements or modifications to products or services of You or any third party; (iii) modify, alter, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code for the Services, in whole or in part provided, however, that if such reverse engineering is permitted by applicable law to achieve interoperability between the Services and other software or systems owned by You, You will first notify ACCESS and afford ACCESS a reasonable opportunity to provide the necessary modifications and ACCESS may negotiate with You a fee for such modifications; (iv) reveal the APIs for the Services, or any materials associated therewith to any third party; (v) reveal any bench marking or test results obtained with or through use of the Services; (vi) prevent, alter or interfere with the display of any copyright, trademark, or proprietary right notice or ACCESS logo incorporated in the Services or included with materials. You are expressly prohibited from creating derivative works of the Services or the software underlying the Services.

9.1 RIGHTS TO MONITOR WEBSITE AND TO REMOVE ANY CONTENTS

ACCESS has no obligation to check Content on the Services. However, ACCESS reserves the right to review and monitor Content and to remove or invalidate Content (such as the Content that are not compliant with the restrictions in Section 8.1) in its sole discretion without notice to You.

ACCESS reserves the right to terminate Your access to any or all of the Services at any time, without notice to You, in breach of the Terms.

9.2 RIGHTS TO MODIFY AND TERMINATE SERVICES

The Services, including any updates, enhancements, new features, and/or the addition of any new ACCESS properties, are subject to the Terms.

ACCESS may update, modify or stop, temporarily or permanently, the Services or any part thereof from time to time without notice to You.

9.3 CONTENTS UPDATE

ACCESS may update from time to time through Services some or all of the Content that You downloaded from the Services. Such updates may be done automatically or at Your request,.

9.4 NOTICE

ACCESS may send You information or materials You have requested, to inform You of new products or services that we believe will be of interest to You, and for administrative purposes (such as to notify You about changes to the Terms).

10.1 ADVERTISEMENT

Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information including personal information provided by You. The manner, mode and extent of advertising by ACCESS on the Services are subject to change without specific notice to You. In consideration for ACCESS granting You to access to and use of Services, You agree that ACCESS may place such advertising on the Services.

10.2 DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that ACCESS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

The Services may provide, or third parties may provide, links to other web sites or resources. You acknowledge and agree that ACCESS is not responsible for the availability of such external sites or resources, and dose not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ACCESS shall not be responsible for liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You may provide links to the Services with prior notice to ACCESS.

Requests concerning links to the Services should be directed to:

• E-mail contact <nfbw_support@access-company.com>

ACCESS may, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who may be repeat infringes.

If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide ACCESS' Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that You claim has been infringed;
• a description of where the material that You claim is infringing is located on the Services;
• Your address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

ACCESS' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

• By mail:
  ACCESS' Copyright Agent
  1188 East Arques Avenue
  Sunnyvale, CA 94085, U.S.A.
• By phone:
  (408) -400-3000
• By fax:
  (408) 408-400-1500
• By email:
  tok_copyright_o@access-company.com

The designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring in the Services or on sites linked to from the Services or in connection with the Services. All other inquiries directed to the designated Agent will not be responded to.

The software obtained from the Services, including technical data, is subject to Japanese and U.S. export control laws, including the Japanese Foreign Exchange and Foreign Trade Law and the U.S. Export Administration Act and their associated regulations, and may be subject to export or import regulations in other countries. You agree to comply with all such regulations and acknowledge that it has the responsibility to obtain licenses to export, re-export, or import such software. Such software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, Afghanistan or any country to which Japan or the U.S has embargoed; or (ii) to anyone on the Japanese End User List or the U.S. Treasury Department’s list of specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders.

THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND AS TO FREEDOM FROM DEFECTS, MERCHANTABILITY, USABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER. USE OF THE SERVICES SHOULD BE PERFORMED AT YOUR OWN RISK AND BASED ON YOUR OWN JUDGEMENTS AND RESPONSIBILITY.

UNDER NO CIRCUMSTANCES SHALL ACCESS OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO USE OR FAILURE TO USE OF THE SERVICES UNDER THE TERMS, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, HOWEVER CAUSED AND ON WHATEVER THEORY, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE), THE FAILURE OR ASSERTED FAILURE OF ACCESS TO PERFORM ITS OBLIGATIONS HEREUNDER OR OTHERWISE, AND WHETHER OR NOT ACCESS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

In the event any provision of the Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.

The failure of ACCESS to enforce any provision of the Terms at any time will not be construed to be a waiver of any such provision and will not affect the validity of the Terms or any part hereof or the right of ACCESS to enforce any such provision. No waiver of any breach hereof will be construed to be a waiver of any other breach.

The Terms set forth the entire understanding and agreement between You and ACCESS, and supersede all prior agreements, whether written or oral, with respect to the Services and subject matter hereof.

The Terms shall be governed by, and construed in accordance with, the laws of Japan, without regard to choice of law rules thereof. Any dispute arising out of or relating to the Terms shall be brought exclusively in the Tokyo District Court, Tokyo, Japan.