Agreement between loftwork and Users (Account Registrants, etc.)
AWRD is a platform service operated by loftwork Inc. (“loftwork”) for conducting award and hackathon. These terms of services (the “Terms”) provide the rules that are required to be observed by all users of the Website which is operated under the above principles.The individual terms that loftwork prescribes separately (the “Individual Terms”) shall also constitute a part of the Terms regardless of the name. If the rules of the Terms are different from those of the Individual Terms, the Individual Terms shall prevail and be applied.Upon using the services provided by loftwork on the Website (the “Services”), the user shall be deemed to have accepted the Terms.
Amendment of the Services and the Terms
loftwork may change, revise, delete or add the Services and the Terms at loftwork’s sole discretion. If the user does not notify loftwork of his/her withdrawal within 10 days after the change to the Services or the Terms, or if the user uses the Services after the change, the user shall be deemed to have accepted such change.
Conditions for Using the Services
Some of the services provided by loftwork on the Website require ID registration before use. Users who wish to use such services are required to apply for registration in accordance with the procedures prescribed by loftwork. The user shall ensure that all information provided by him/her in the course of the registration process shall be accurate. If there is any change in the registered information, the user shall log into the Website and personally update his/her account with the latest and most accurate information. The user shall be responsible for safeguarding his/her ID and password issued from loftwork when registered. All damages arising from the user’s inadequate custody, erroneous use or use by a third party of the ID and password, etc. shall be borne by the user, and loftwork shall not be held responsible whatsoever. loftwork also reserves the right to delete any ID or account of the user which remains unused for one year or more.
Rules to Use the Services
In order to assure pleasant use by all users, the following conduct and activities shall be prohibited.
● To use the Services unlawfully or in a way which will contradictpublic order and morality, andsolicitation for unlawful acts;
● To upload any untrue, infringes others’ rights, is obscene, is contrary to public order and morality, contains illegal content including but not limited to content that is harassing, slanderous, defamatory, threatening, or content that uses violent, inappropriate, vulgar or abusive expressions, or expressions that give asense of hostility, is verbally discriminating against any ethnic or racial group, and/or any content that infringes privacy or publicity rights, and any other unlawful or socially unacceptable content (such as information, data, documents, software, images, letters or sound);
● To upload any content that may infringe others’ intellectual property rights (such as patents, utility model rights, design rights, trademarks and copyrights), portrait rights, privacy rights, reputation and any other rights orinterests of others;
● To harass or stalk others online;
● To upload any file that contains viruses or any other information that contains harmful computer programs;
● To engage in sales activities or advertise products or services for commercial purposes unless expressly permitted by loftwork;
● To disrupt or cause confusion with respect to other users’ access or operation;
● To interfere with or cause confusion with respect to the network system including loftwork’s network;
● To impersonate another person, to represent an organization such as a corporation without the due right of representation or delegation, or to falsify its alliance or collaboration with another person or organization;
● To collect personal information of others including e-mail address without consent from such individual;
● To engage in or transfer chain letters or pyramid schemes;
● To fabricate information that may be used in connection with the Services; or
● Any other activity that loftwork may deem inappropriate.
If loftwork finds any of the above conduct or activities, loftwork shall assess the situation and take appropriate measures at loftwork’s discretion including amendment of the posted information or deletion of the registration. Prior or latter notice regarding the measure taken against the breach of the Terms will be sent to the registered e-mail address. Even if the user fails to check the e-mail sent from loftwork for the user’s reasons, please note that loftwork shall take actions, such as deletions, in accordance with the Terms. In this connection, loftwork shall not receive any questions or complaints, etc. regarding any measures taken by loftwork such as making deletions.
Rights of Deleting and Editing
loftwork shall not be obligated to monitor or edit any content posted, registered, sent or provided by the users on the Website or the Services. Accordingly, loftwork shall not be liable for any damages, etc. occurred to the user or any third party by reason that loftwork did not monitor or edit the user’s content.
Provided, however, that loftwork reserves the right to check any content posted, registered, sent or provided by the users on the Website or the Services, and to edit, delete, or refuse all or a part of such content, or change the posted area at loftwork’s sole discretion. If loftwork deems that such user is not suited to use the Website, at loftwork’s sole discretion, loftwork shall have the right to delete such user’s ID, password and account, and prohibit such user’s access to the Website.
In this event, loftwork may invalidate the relevant user’s ID and account, etc., delete the relevant information and saved files, and prohibit such user from accessing such information, files and the Services in the future. loftwork shall assume no responsibility whatsoever to such user or a third party such as deleting information or files, or ceasing to provide the Services to such user.
Access from Abroad
Unless specified, the Website and the Services are operated for users in Japan. All users accessing the Website from any other countries and regions shall confirm at his/her responsibility that such access is in compliance with the laws of his/her region.
loftwork’s Property Rights
All intellectual property rights including patents, utility model rights, design rights, trademarks, copyrights and knowhow of the content (including those conferred in Japan and those conferred in jurisdictions outside Japan) which can be downloaded from the Website or the Services belong to loftwork or to the party who provided such content, etc. to the Website. Therefore, unless loftwork and/or such providing party who owns the copyright of such content give written consent in advance, the content on the Website may not be reproduced, performed, broadcasted, cable broadcasted, transmitted publicly, exhibited, presented on screen, distributed, rented, translated, musically arranged, transformed, dramatized, cinematized, otherwise adapted or used secondary. Also, intellectual property rights regarding the content will not be transferred to the user as he/she downloads the content, nor does it imply its license.
Contents Posted, Registered, Transmitted or Provided on the Website or the Services by the User
When a user posts or registers in a public setting, any content on the Website or the Services, the user shall be deemed to have granted loftwork a non-exclusive and perpetual license to use that content inside and outside of Japan (including public relations use, etc. but not limited to this), unless that content is used for sales purposes. The user consents to loftwork that he/she will not exercise the moral rights of the author.If loftwork intends to use such content for sale, loftwork will discuss the matter separately with the provider of such content and then use them.No consideration shall be paid for the use of the content provided by a user as provided hereunder.The user shall represent and warrant that the contents that he/she posted or registered on the Website or the Services do not infringe any intellectual property rights or any other rights of a third party.
Conditions for Providing the Services
loftwork may take necessary measures such as to change, suspend or cease the Services at loftwork’s sole discretion, without notice to the users and for any reason. loftwork shall not assume any responsibility towards the users for changing, suspending, or ceasing the Services, etc.The user shall prepare equipment, software and communication tools, etc. necessary for using the Services at his/her own expense and responsibility.loftwork reserves the right to prepare the rules and regulations concerning the user’s use of the Services and restrict the use as necessary (for example, to set restrictions on the number of e-mails that could be sent and received in a day, number of times the user can post on BBS, disc space allocated per user, and access hours, etc.). loftwork shall not assume any responsibility for deleting or not saving the user’s communications via e-mails or BBS, etc. or content provided by the Services.
Procedures for Cancelling Registration
When a user cancels his/her registration, the user shall follow the procedures prescribed by loftwork. Also, loftwork may cancel a user’s registration when loftwork deems it to be necessary for operating the Services. If a user’s registration is canceled, such user may also not use loftwork’s other services unless loftwork approves otherwise.
loftwork does not guarantee the appropriateness or the accuracy of the content, products or services provided on the Website or through the Services. A user shall be entirely responsible for the content provided by the user, and if a user is held responsible in a civil action such as claim for damages or even in a criminal case, loftwork shall be completely released from any rights or assertions the user may have as against loftwork, or from any legal action, litigation or similar procedures, etc.
loftwork may suspend the Services at any time for any reason. loftwork shall assume no liability whatsoever for any damages, etc. that may arise, whether directly or indirectly, from such suspension of the Services.
If any dispute arises with a third party, the user shall settle such dispute at his/her own expense and responsibility unless such dispute is attributable to loftwork’s intentional act or gross negligence. If loftwork receives any claims attributable to the user’s breach of the Terms or claims of infringement of third parties’ rights, etc., the user shall keep loftwork harmless, and if loftwork incurred damages or expenses in handling those claims, the user shall compensate such damages and reimburse loftwork for such expenses, etc. (including attorney fees paid by loftwork), and shall not cause any other problems to loftwork.
loftwork has no obligation to preserve information such as information concerning the users, and even if it causes damages to the user, loftwork shall have no responsibility for any such damages.
Assignment, etc. of the Status as Users
The user may not assign, transfer, establish securities or make any other dispositions to a third party with regard to his/her status as a user or his/her rights or obligations hereunder without a prior written consent.
If loftwork assigns the business pertaining to the Services to other companies (including company splits and all other cases where business is transferred), it shall be able to assign, in conjunction with such business transfer, the contractual status, rights and obligations hereunder, users’ registration matters and any other information to the transferee of such business transfer. The users shall be deemed to have consented to the transfer in advance.
If any provision of the Terms or part thereof is held invalid or unenforceable by laws and regulations, the remaining provisions of the Terms shall remain in full force and effect.
Governing Law and Jurisdiction
The Services and the Terms shall be governed by the laws of Japan. The Tokyo District Court shall be designated as the exclusive court of first instance for all disputes that arise between the users and loftwork in connection with the Services and the Terms.