AWRD Terms and Conditions
AWRD is a platform service for awards, hackathons, etc., operated by Loftwork Inc. (the "Company").
Terms and Conditions
These terms of use ("Terms and Conditions") sets out the rules to be complied with by all Members of AWRD, which is operated for the above purpose.
Separate rules to be established by the Company ("Individual Terms") shall constitute a part of these Terms and Conditions for any purpose whatsoever.
If the provisions of these Terms and Conditions differ from those of the Individual Terms, the Individual Terms shall prevail.
In using services provided by the Company in AWRD (the "Services"), a Member shall be deemed to have agreed to the provisions of the Terms and Conditions herein.
Membership Registration
(1)To use the Services, you must first register as a Member. Those who wish to use the Services ("Applicants") shall apply for membership in accordance with the procedures prescribed by the Company.
(2)The information to be submitted at the time of registration must be current and accurate information about the Applicant. The Company shall not be liable for any damage incurred by the Applicant due to errors, etc. in the registered contents.
(3)If any errors or changes in the registered contents are found after registering for the Membership, each Member must log in to AWRD and promptly update the information to the current and accurate version in his/her account. In no event shall the Company be liable for any damage incurred by a Member or a third party due to a failure by the Member to correct or change the registered contents.
(4)The Member shall be responsible for managing the Member ID and password provided to him /her by the Company in the registeration. The Member shall be liable for any damage caused by insufficient management of the Member's ID or password, any error in use thereof, or any third party's use thereof, and the Company shall not be liable therefor. In addition, the Company reserves the right to delete the membership IDs or accounts of Members that have not been used for 1 (one) year or longer.
(5)If you are an Applicant under 20 years old, please make sure to obtain the consent of your guardian before applying for the membership. If a person who is 13 or older and under 20 applies for admission, it is deemed that the consent of the guardian has been obtained.
Examination of Membership Registration, etc.
The Company may refuse registration of a person whose membership was revoked in the past or who is considered inappropriate by the Company. The Company assumes no responsibility whatsoever concerning whether or not to permit the person pass the examination of membership registration, and does not assume the obligation to disclose the reasons for refusing the registration for the membership to the subscriber for the use.
Services
Members may use the following services:
- (i) Uploading data of the work to the profile and editing the profile;
- (ii) Submission of work data to a specific project;
- (iii) Voting on the works in an Award;
- (iv) Receiving information on specific projects designated by the Member; and
- (v) Receiving information by appropriate means such as mail magazines.
Intellectual Property Rights, etc.
All intellectual property rights (including those granted in Japan and other jurisdictions), including patent rights, utility model rights, trademark rights, design rights, copyrights, and know-how related to contents that is made available for download from the Company’s website or the Services, belongs to the Company or the suppliers of such contents to the Company or AWRD. Therefore, the contents on the site may not be reproduced, performed, played, broadcasted, wire-broadcasted, publicly transmitted, exhibited, shown, distributed, lent, translated, arranged, modified, dramatized, cinematized or adapted, and any derivative use without the prior written consent of the Company and/or the supplier, which own the copyright. In addition, the download of the contents by a Member does not transfer the intellectual property rights concerning the contents to the Member nor does it mean granting a license to the Member.
Member Provided Contents and Member Generated Contents
The Company is not obligated to monitor or edit the contents posted, registered, transmitted or provided by any Member on the AWRD website or the Services ("Member Provided Contents") in advance. Therefore, the Company shall not be liable to the Member or a third party for any damages, etc. due to the Company’s not monitoring or editing the Member Provided Contents.
The attribution of rights for contents newly created by Members using the Services ("Member Generated Contents") shall be as prescribed by each project.
A Member represents and warrants that the Member Provided Contents and the Member Generated Contents do not infringe the intellectual property rights or other rights of a third party.
The Company may monitor the Member Provided Contents and the Member Generated Contents. The Company reserves the right, in its sole discretion and judgment, to hide or delete any Member Generated Contents without prior notice. The Company assumes no responsibility for any Member-Generated Contents.
With respect to the Member Provided Contents and the Member Generated Contents, the Member shall grant the Company to use such contents non-exclusively in and outside of Japan (including, but not limited to, promotional use), except for the cases where the Company uses such content for profit. Members hereby agree that they shall not exercise their moral rights against the Company or a third party designated by the Company with respect to the Member Provided Contents and the Member Generated Contents. If the Company uses the Member Provided Contents or the Member Generated Contents for profit, it shall use such contents after consultation with the Member who provided such contents.
The Company shall not pay any consideration for use of the Member Provided Contents or the Member Generated Contents herein provided.
A Member agrees that if a third party may make a claim, demand or request against the Company (including, but not limited to, legal claims) in relation to the Member Provided Contents or the Member Generated Contents, he/she shall pay, indemnify and hold the Company harmless from and against all damages, losses and expenses resulting therefrom (including reasonable attorneys' fees and litigation costs).
Creative Commons
A Member can grant a Creative Commons license in AWRD when the Member posts his/her work. The Member may use a work within the specified terms of use if the work has been granted a Creative Commons license by the Member who posted the work. For more information on Creative Commons, see HERE.
Prohibited Acts
AWRD prohibits the following acts in order to make the use of AWRD enjoyable for all its Members.
* To use the Services in a manner that is unlawful or contrary to public order and morals and to solicit unlawful acts;
* To upload what is untrue, infringes any right of others, is obscene, is contrary to public order and morals, violates any law or regulation, (including, but not limited to, harassment, slander, defamation, intimidation, violent expression, inappropriate expression, vulgar expression, abusive language, hateful expression, ethnic or racist expression, and violation of right to privacy and publicity rights), and any other unlawful or socially inappropriate contents (information, data, documents, software, images, characters, sounds, etc.);
* To upload contents that may infringe on the intellectual property rights (patent rights, utility model rights, design rights, trademark rights, copyrights, etc.), portrait rights, right to privacy, reputation or other rights or interests of others.
* To engage in harassment and stalking of other Members online;
* To upload files containing computer viruses or other information containing harmful computer programs;
* To sell or advertise goods or services for commercial purposes, except as expressly permitted by the Company;
* To interfere with or disrupt the access or operation of other Members;
* To interfere with or disrupt network systems, including the Company;
* To impersonate any other person, or to identify yourself as an organization such as a company without authority of representation or agency, or to falsify that you are affiliated with or cooperating with any other person or organization.
* To collect personal information of others including e-mail addresses without the consent of the other party;
* To engage in chain letters or pyramid schemes, or to forward them.
* To falsify any information available in connection with the Services.
* To perform any other acts that the Company deems to be inappropriate.
If such conduct is found, the Company shall judge the circumstances and take appropriate measures at the Company's discretion. All prior and subsequent communications concerning actions to be taken in response to violation of these Terms and Conditions shall be sent to the registered e-mail address. Please note that we will take measures in accordance with these Terms and Conditions including deletion even if Members are unable to check the e-mail from the Company due to a reason attributable to the Member. The Company will not accept any inquiries or complaints regarding the deletion or other handling by the Company.
Use from Outside Japan
If a Member uses AWRD in any other country or region, the Member shall use AWRD on his/her own responsibility after confirming that the Member are in compliance with the laws of that region, and the Company assumes no responsibility whatsoever.
Terms of Service
The Company may, at its discretion, take necessary measures such as changing, suspending or discontinuing any AWRD Services for any reason without notice to a Member. The Company shall not be liable to the Member for any change, suspension or discontinuation, etc. of the Services. The Member shall, at his or her own expense and responsibility, provide the equipment, software, means of communication, etc. necessary to use the Services. The Company reserves the right to formulate rules and regulations regarding Members' use of the Services and to restrict such use (for example, to specify the number of messages that can be sent and received in a day, the amount of disk space to be allocated for the Member, the time of access, operating environment, etc.) as necessary. The Company shall not be responsible for the deletion of or failure to retain the contents of communications such as e-mails and messages of the Member and contents on the Services.
Early Termination of the Project
Even if a Organizing Member has opened a project to the public on the Service and said project has not been completed, there is a possibility that the project will be terminated without any prior notice due to a mid-term cancellation intended by the Organizing Member or a compulsory cancellation from the Company due to a failure to make a settlement or violation of the rules, etc. The Company shall not be liable for any disadvantages that may arise to applicants or organizers in connection therewith.
Procedure for Cancellation of Registration
If a Member cancels its registration, the Member must follow procedures prescribed by the Company. In addition, the Company may cancel its membership registration in the event it deems necessary for the operation of the Services by the Company. If his/her membership is cancelled, the Member will no longer be able to use any of the Company’s other services unless otherwise approved by the Company.
The Company reserves the right to delete a Member's ID, password and account and to prohibit a Member from access at the Company's discretion if it determines that the Member is inappropriate to be the Member of AWRD including the case where the Member performs prohibited acts. In such a case, the Company may revoke the Member's ID, account, etc., delete relevant information or stored files, and prohibit the Member from accessing such information, files and the Services in the future. The Company shall not be liable to such Member or any third party for deletion of information or files or discontinuance of provision of the Services to such Member.
Method of Withdrawal
The Member can proceed with withdrawal procedures from "Account Settings" on My Page "Account Deletion".
Exemption from Liability
The Company does not warrant the adequacy or accuracy of any contents, products or services contained on the AWRD website or in the Services. A Member is responsible for the contents provided by himself/herself, and if the Member is held liable for civil liability such as compensation for damages or criminal liability, the Company shall be exempt from all rights, claims, legal actions, suits, proceedings similar to suits held by the Member against the Company.
The Company may suspend the Services at any time and for any reason. The Company shall not be liable, directly or indirectly, for any damage, etc. caused by the interruption of the Service.
Any dispute between the Member and a third party shall be resolved at the cost and expense of the Member unless there is willful or gross negligence on the part of the Company. The Member shall ensure that the Company does not suffer any damage due to violation of these Terms and Conditions, and infringement on the rights of a third party, etc. If the Company incurs any damage or cost as a result of such acts, the Member may compensate such damage or cost, etc. (including legal fees paid by the Company), and shall not cause any other inconvenience to the Company.
The Company shall have no obligation to preserve any information of the Member. Even if the Member suffers damage as a result thereof, the Company shall not be liable for any damage resulting therefrom.
Assignment, etc. of the Status of a Member
A Member may not assign, transfer, create security interests in, or otherwise dispose of its status as the Member or its rights or obligations under these Terms and Conditions to any third party without prior written consent of the Company.
If the Company transfers its business concerning the Services to another company (including corporate splits and any other cases where business is transferred), upon the business transfer, the Company may transfer the status of the Member under the use agreement, rights and obligations under these Terms and Conditions, and registration matters of the Member and other information to the transferee of the business, and the Member shall be deemed to have consented to such transfer in advance.
Hyperlink
The Company’s website contains links to other websites. The Company does not manage those websites and is not responsible for their content.
Amendments to the Services and Provisions of Use in these Terms and Conditions
The Company may amend, modify, delete or add to the Services and these Terms and Conditions at any time. If a Member fails to take procedures for withdrawal within ten (10) days from the amendment of the Service or these Terms and Conditions, or uses the services provided by the Company after the amendment, the Member shall be deemed to have agreed to such amendment.
If there are any material changes to the terms and conditions relating to the use of the Service, the Company will notify Members in advance in an appropriate manner. If the Member does not cancel his/her membership by the next billing date, the Member shall be deemed to have consented.
Preferences
All equipment, facilities, software and means of communication necessary to use the Services shall be properly prepared, installed and operated at the User's own responsibility and expense. The Company is not involved in, and shall not be responsible for, the Members’ access environment for the Site and Services.
Integration with External Applications and Web Services
In AWRD, the Company may work with third-party applications, websites and services as an online service. (“External Services”)
Each External Service may have separate terms of use and privacy policies that apply in use. The Company does not guarantee that each external service will be updated or continue to function. The Company shall not be responsible for each transaction entered into by the Member and any provider of External Services.
Certain registration information may be transferred from External Services to us to ensure smooth service operation.
Communications and Notices
Any inquiries concerning the Services and other communications or notices from the registered Members to the Company and notices concerning changes to these Terms and Conditions and any other communications or notices from the Company to the registered Members shall be made by the methods specified by the Company.
However, inquiries regarding the contents of the project shall be made directly to the Organizing Member.
Severability
Even if any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable by Laws, the remaining provisions of these Terms and Conditions shall remain in full force and effect.
Governing law, Jurisdiction
The Services and other Terms and Conditions shall be governed by the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction for the first instance over any dispute that may arise between the Company and the Members in connection with the Services or these Terms and Conditions.
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.
Creative Commons
On the Website, Creative Commons licenses may be granted at the time of posting a work. Works that have been granted Creative Commons licenses by the user who posts works may be used within the terms of use provided. For more information on Creative Commons, please see here.
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.
Disclaimer
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.
Severability
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.
