Terms of Use

These Terms of Use (“Terms of Use”) govern the contractual relationship between Carpe Diem Co., Ltd. (“We” or “us”) and you as users (“Users”) of our curation media services, ”WASABI” (“Services”), intended for introducing the Japanese culture to the audience abroad. These Terms of Use are applicable whenever you use the Services. Please read these Terms of Use carefully, as you will be deemed to have agreed to all of the provisions hereof upon your use of the Services.

Article 1 (Agreement)

  1. Users may use the Services in accordance with these Terms of Use only if they have agreed to all of the provisions contained in these Terms of Use. Any separate agreements entered into by us with Users, or any additional documentation published, distributed or posted by us containing certain individual terms (hereinafter collectively referred to as “Individual Terms of Use”) in relation to the Services, shall constitute a part of these Terms of Use.
  2. Except as otherwise provided in Individual Terms of Use, once a User begins using (including browsing) the Services, a user agreement (“User Agreement”) is executed between us and the User in accordance with the terms and conditions stipulated in these Terms of Use.

Article 2 (Amendments)

  1. We reserve the right to make amendments or additions to these Terms of Use at our discretion. Any amended Terms of Use shall take effect upon release on our website (“Website”) having the domain name, http://www.wasa-bi.com or any other domain name assigned thereto regardless of any change subsequently made to its name or contents.
  2. Users shall immediately cease their use or browsing of the Services if they do not agree to any provision of the amended Terms of Use. Failure to do so will be deemed as acceptance of the amended Terms of Use. Users are responsible for keeping themselves updated with the latest Terms of Use or any such changes.

Article 3 (Definition)

As used in these Terms of Use, the following terms shall have the meanings set forth below:

  1. “Content” means any information made available to Users through the Services, which cover Company Contents and Posted Contents, including, but not limited to, texts, images, video, audio, music and other sound effects, graphics, software, programs, codes, and other form of data;
  2. “Company Content” means any content we provide to Users through the Services; and
  3. “Posted Content” means any content posted or otherwise transmitted by Users through their use of the Services.

Article 4 (Use of the Services)

  1. Users may use the Services provided they comply with the provisions of these Terms of Use and use the Services only for the purposes permitted under these Terms of Use in a manner prescribed by us.
  2. Users may use the Services for their personal use only and may not use the same for any other purposes such as for sale, distribution or development of the Services.
  3. Users may only use the Services “as is” and may not reproduce, amend, change, modify or adapt the same in any way whatsoever.
  4. Users are responsible for procuring and maintaining computers, software, other devices, network connection and environment necessary for using the Services at their own expense and on their own responsibility.
  5. Each User hereby acknowledges that some or all of the Services may only be available to certain qualified Users based on their age, availability of identification verification or certain user information or any other qualification criteria we deem as necessary.

Article 5 (Account Management)

  1. We will assign a user account to each User who has completed the registration procedure for the Services, allowing such User to use all or part of the Services.
  2. Users are responsible for managing their own accounts in an appropriate manner, and may not allow or cause any third party to use, or lend, transfer, modify, sell or otherwise dispose of, their accounts for any reason whatsoever. Any use of the Services confirmed as being associated with a User’s account will be deemed as the use of the Services by the User who is the holder of such account.
  3. Each User is held solely liable for any loss or damage arising as a result of their lack of management, misuse or unauthorized use of their account, and we will not be in any way responsible for any such loss or damage caused.

Article 6 (External Services)

  1. Users may use their information registered with certain external services (including without limitation Facebook and Twitter) for registration or verification purposes in connection with their use of the Services. In that respect, Users hereby consent to our use of their information obtained through such relevant external services.
  2. In addition to the preceding paragraph, if a User uses any external services in connection with their use of the Services, such User must comply with these Terms of Use as well as other terms prescribed by the providers of such external services.
  3. We assume no responsibility and provide no guarantee with respect to any external services. The third party providers of the external services shall be solely responsible for any losses, damages or claims arising in connection with their respective external services.

Article 7 (Prohibited Acts)

Users are prohibited from performing, whether directly or through a third party, any of the acts that falls or may fall under any of the following items:

  1. Inducing any malfunction of the Services;
  2. Using software bugs that are not normally anticipated within the Services, or using, developing or distributing tools that cause certain effects not normally anticipated within the Services;
  3. Any act of excessively overloading the network or systems for the Services;
  4. Any act in violation of the applicable laws, regulations, decisions or orders of court, or other legally binding administrative dispositions, or any act of encouraging such violation;
  5. Any fraudulent or threatening act against us, other Users of the Services or a third party;
  6. Any act that is or may be in violation of public order and morality;
  7. Any act that is or may be interfering with the intellectual property right, publicity right, privacy, reputation, or any other right or benefit of us, other Users or a third party;
  8. Any act of transmitting to us, other Users or a third party any information we determine as falling under any of the following information:
    1. Information that damages the reputation or credibility of our company or any third party;
    2. Information containing excessively violent or cruel expressions;
    3. Information containing computer viruses or other harmful programs;
    4. Information containing excessively obscene expressions;
    5. Information containing racial expressions;
    6. Information containing expressions that may encourage suicide or self-injury;
    7. Information containing expressions that may encourage inappropriate use of drugs;
    8. Information containing antisocial expressions;
    9. Information requesting dissemination of junk, spam, or chain mail to third parties;
    10. Information containing illegal solicitations or advertisements;
    11. Information containing disturbing expressions;
    12. Information intended for meeting strangers of the opposite sex; or
    13. Information similar or equivalent to any of the preceding items;
  9. Reassembling, decompiling, reverse engineering or otherwise analyzing the source code for the Services;
  10. Causing harm to us by having unauthorized access to the systems related to the Services, unlawfully modifying information stored in those systems or through other means;
  11. Reproducing, assigning, lending or modifying the Services;
  12. Any act in violation of the objective or purposes of these Terms of Use or the Services; or
  13. Any other act we deem inappropriate.

Article 8 (Reporting of Infringements)

  1. Users may submit a report to us by following the prescribed procedure if they believe that their rights or the rights of a third party have been infringed by certain Posted Contents provided by other Users.
  2. Upon receipt of a report pursuant to the foregoing paragraph, we will, at our discretion, investigate on the existence of such infringement and will, upon confirmation of such infringement, delete relevant Posted Contents or suspend the use of the Services for such infringing Users without giving prior notice.
  3. Nothing provided for in the preceding two (2) paragraphs shall be construed as imposing us an obligation to respond to every report submitted by Users.

Article 9 (Damages)

  1. Users are responsible for compensating for any loss or damage (including the attorney’s fees, other professional fees and personnel costs incurred by us to resolve the matter) incurred by us as a result of their breach of these Terms of Use or in connection with their use of the Services (including the case where we receive a claim for damages from a third party on the grounds of their breach).
  2. Users shall be solely responsible for, and we will not be in any way responsible for, any loss or damage incurred by any User in relation to the Services. Even in the case where we have an obligation to compensate a User for such loss or damage on the grounds of the applicable consumer protection laws despite the provisions of this Article or other provisions indemnifying our liability for damages, the extent of such damages to be compensated by us will be limited to the direct and ordinary damages actually incurred due to reasons attributable to us, and will not include any damages resulting from a special circumstance even if the occurrence of such damages were foreseen or foreseeable.

Article 10 (Confidentiality)

  1. Except as otherwise consented to by us in writing, Users shall treat as confidential any and all information specified as confidential and provided by us in connection with the Services.
  2. Users shall, whenever requested by the Company, return or destroy any and all documents and recordable media containing such confidential information (including any reproductions thereof) without delay.

Article 11 (Termination by User)

  1. Users may terminate their use of the Services at any time by deleting their account or by following the prescribed procedure, upon which event such Users will no longer be able to use Services.
  2. Users understand and agree that their account information and other user information will be deleted and cannot be restored if they delete their account by mistake or otherwise, or if their right to use the Services is revoked for any reason whatsoever.

Article 12 (Modifications, Additions, Termination, or Suspension of the Services)

  1. We reserve the right to modify or add to all or part of the Services without giving prior notice to Users.
  2. We have the sole discretion to terminate all or part of the Services by giving prior notice to Users in a manner we deem appropriate; provided, however that such termination may take place without notice in case of an emergency.
  3. We may temporarily suspend all or part of the Services without giving prior notice to Users in the event of any of the following circumstances:
    1. An emergency or periodical maintenance or repair work is performed on the hardware, software or other network equipment for the Services;
    2. There has been a system overload due to increased usage or other unexpected reasons;
    3. There is a need to take security measures for Users;
    4. Telecommunications provider does not provide its services;
    5. Provision of the Services is rendered difficult due to a force majeure event;
    6. Provision of the Services is rendered difficult due to fire, power failure, accidents, war, riots or labor disputes;
    7. Provision of the Services has been rendered difficult due to any laws or regulations, or any dispositions made pursuant to certain laws or regulations; or
    8. We have determined that such suspension is necessary for any reason equivalent to any of the foregoing items.
  4. We will not be in any way liable for any loss or damage caused as a result of our actions pursuant to this Article.

Article 13 (Ownership of Company Contents)

  1. Any and all intellectual property rights pertaining to the Company Contents provided by us through the Services shall belong to and remain our property or the property of our licensor, as the case may be.
  2. No trademarks, logos or service marks (collectively “Trademarks, etc.”) displayed on the Services shall be construed as conferring on any User or third party any rights to, or license to use, such Trademarks, etc.

Article 14 (Ownership of Posted Contents)

  1. Each User represents and warrants that they are duly authorized to post or otherwise transmit their respective Posted Contents, and that their Posted Contents do not infringe upon or otherwise violate the rights or interests of any third party.
  2. The ownership of the Posted Contents posted, uploaded or saved by each User through the Services shall belong to and remain the property of the respective User that posted, uploaded or saved each respective Posted Content, and we will not obtain any ownership rights pertaining to such Posted Contents provided by Users through the Services.
  3. Each User hereby grants us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, create derivative work from, display or execute their respective Posted Contents provided to us. Such license granted to us shall remain in force and effect even if Users terminate their use of the Services or if they delete their accounts.
  4. Each User hereby waives, and agrees not to assert, any and all moral rights they may have in connection with the Services, and will not exercise any such rights against us or any of our successors or licensees.
  5. It is the sole responsibility of Users to make backups of their own Posted Contents. Users agree that we do not have the obligation to back up any of their Posted Contents.
  6. We reserve the right to delete any Posted Content or otherwise restrict the use of the Services for certain Users without giving prior notice if we deem that such Users are or may be in violation of any applicable laws or regulations or these Terms of Use.

Article 15 (Disclaimer)

  1. Nothing in these Terms of Use shall be construed as our guarantee that the Services or any information or Contents provided through the Services are suitable for specific use purposes of Users or are equipped with functions, product value, accuracy, usability and integrity expected by Users, that any use of the Services will be compliance with applicable laws, regulations and other internal rules enforce by relevant organizations applicable to Users, that the Services will be free of any defects or malfunctions, or that we will resolve any issues arising in connection with the use of the Services.
  2. Users hereby understand that nothing in these Terms of Use shall be construed as our guarantee that the Services are compatible with all communication devices, and therefore also understand that some issues could arise in connection with the Services if and when they update the version of their operating system or web browser even if the Services had initially been compatible with their device. We do not guarantee that we will be able to resolve any such defects, malfunctions or issues through our bug fixes.
  3. In the event of any dispute arising between a User and a third party, the User shall immediately notify us to that effect and resolve the matter at his or her own expense and on his or her own responsibility, and we will not be in any way involved or responsible therefor.

Article 16 (Notice)

  1. Any notice or communication from us to Users in connection with the Services will be made through our Website, by email or through other means as we deem appropriate.
  2. Any email communication by us will be sent to each User’s email address registered with us, which will be deemed as delivered when it should normally have arrived.
  3. For any inquiries or notices regarding the Services, please contact us using the inquiry form on our Website or through other means specified by us.

Article 17(Assignment)

  1. No User may assign, transfer, pledge as security or otherwise dispose of any of their rights or obligations under any User Agreement (including transfers by general succession through a merger or a company split), unless prior written consent is obtained from us.
  2. Each User hereby consents that, if we transfer any of the Services or a part of its business related to the Services to a third party, including transfers by general succession through a merger, company split or otherwise, we shall be able to assign to such third party our title, rights, obligations, registered information and other information pertaining to Users.

Article 18 (Severability)

  1. If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms of Use shall continue in full force and effect; provided, however, that the Company and Users shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.
  2. If any provision of these Terms of Use is determined to be void, invalid or unenforceable in whole or in part in respect of our relationship with certain Users, such determination shall not affect the validity or enforceability of these Terms of Use in respect of our relationship with other Users.

Article 19 (Governing Law and Jurisdiction)

The original language of these Terms of Use is Japanese and any interpretation of this Agreement will be based on the original Japanese text. These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and any disputes arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court, depending on the amount of claim, as the court of first instance.

These Terms of Use shall be effective from August 10, 2015.