Kawada Co., Ltd. Terms of Use

Kawada Co., Ltd. (“Company”) hereby provides the following terms of use (“Terms”) for the event campaign sponsored by the Company (“Campaign”). The use of the Campaign is subject to the User’s acceptance of these Terms.

Article 1 (Scope of these Terms; Modification)
1. These Terms provide the terms of use of the Campaign.
2. These Terms shall apply to all Users (as defined in Article 4) of the Campaign.
3. The Company may modify these Terms in whole or in part without prior consent of the User.
4. In the event that these Terms are modified in whole or in part, the modified version of these Terms shall apply and the User shall accept these Terms as modified. 

Article 2 (Campaign)
The Campaign will sponsor and provide to the User online web events using “OWNLY” application service (“Online Events”) 

Article 3 (Use of the Campaign)
1. The User has the right to use the Campaign under the terms and conditions set out in these Terms.
2. The User shall be responsible for:
- promptly notifying the Company if the User discovers unauthorized access to or use of the Campaign; and
- using the Campaign in accordance with these Terms and notes and applicable laws and governmental regulations. 
3. The User who desired to use the Campaign shall agree that the responsibility for protecting the copyrights which may arise in the Campaign shall lie with the applicants themselves as in case of those posted on any website or the User's own SNS or blog, and the like.

Article 4 (User)
1. The "User" as used in these Terms shall collectively refer to any person who views or uses the images, texts, designs, logos, movies, programs, ideas, information and the like provided by the Company in the Campaign (collectively "Content") and/or participates in (applies for or votes in) an Online Event. The User shall be deemed to have understood and accepted all the terms and conditions of these Terms.
2. The User may participate in an Online Event by applying for it in a manner designated by the Company and accepting these Terms.
3. Submissions must be unpublished and original works on which the applicant owns any and all copyrights. The User shall warrant that his or her submission does not infringe on any third party copyrights or the like.
4. The Company may disapprove an application for participation in an Online Event as a result of examination. In this case, the User may not request disclosure of the reason of or object to such disapproval and the Company shall not be accountable for such disapproval in any manner.

Article 5 (Disclaimer)
1. The Company shall not be liable for any damage, loss or expense which may be incurred by the User as a result of or in relation to the use of the Campaign.
2. The Company may change, suspend or terminate the Campaign in its own discretion without announcement or notice to the User. The Company shall not be liable for any damage, loss or expense which may be incurred by the User due to change, suspension or termination of the Campaign by the Company.
3. The Company makes no warranty with respect to legitimacy, validity, accuracy, certainty, security, currentness or integrity of any third party website accessible through the Campaign or any product or service offered by such website. The Company shall not be liable for any damage, loss or expense which may be incurred by the User due to the use of such website or product or service. 
4. In the event that the User causes any damage to any other User or any third party through its use of the Campaign, the User shall resolve it at its own responsibility and expense and shall not cause any damage, loss or inconvenience to the Company. In the event that a complaint is brought or a petition is filed by a third party for any submitted work or any copyrighted work or portrait or the like shown in the submitted work claiming for damage or an injunction to stop the use thereof or the like, the Company shall not be liable therefor in any respect, and the applicant shall deal with and settle such claim, complaint, or petition, etc. solely at his or her own expense and responsibility.
5. The Company may delete any information posted by the User on a website operated by the Campaign which the Company deems as inappropriate without giving notice to, obtaining consent of or disclosing its reason to the User. In this case, the Company will not respond to any inquiry or complaint relating to such deletion. The Company shall not be liable in any way for such deletion of information. 

Article 6 (Prohibitions)
The User shall not do any of the following acts. The User shall be liable for any damage which may be incurred by the Company or any third party due to its breach of these prohibitions. 
1. Acts in breach of these Terms or laws and regulations, ministry orders or local government regulations or acts which instigate, induce, solicit or aid or encourage such acts.
2. Acts which interfere with smooth operation of the Campaign or acts which may disturb the Campaign.
3. Unauthorized use of User ID or password of any third party.
4. Use of one User account by more than one person.
5. Posting of any third party Content without consent of such third party. (Posting is allowed for the User’s own unpublished Content.) 
6. Posting of any Content which may instigate, induce, solicit or aid or encourage suicide, self-injurious behavior, drug abuse and the like. 
7. Posting of any Content which the Company reasonably deems as grotesque, violent or otherwise uncomfortable to the public.
8. Posting of any Content which the Company deems as obscene including but not limited to indecent exposure images (whether or not with mosaic or blur effect).
9. Posting of any Content which contains obscene images and the like or which may defame or discredit any third party. 
10. Posting of any information which directs other Users to age-restricted websites or other illegal or harmful websites (including posting of URL links). 
11. Posting of any Content which leads to or encourages discrimination based on race, ethnicity, gender, social status, religion, belief, etc. 
12. Acts which cause or may cause trouble, inconvenience or damage to any other User, any third party other than the Users or the Company.
13. Acts which infringe or may infringe on copyright or other intellectual property rights, portrait right, moral right, privacy right, publicity right or other like rights of any other User, any third party other than the Users or the Company. 
14. Use of the Campaign for commercial purposes without prior approval of the Company. 
15. Acts which offend public order and morals or otherwise violate laws and regulations or which may do so.
16. Registration or posting of any information which contains false or misleading information.
17. Use of any Content obtained through the Campaign for any purpose other than private use of the User.
18. Reproduction, sale, publication, distribution, public disclosure or the like of any Content obtained through the Campaign via any other User or any third party other than the Users.
19. Collection, gathering or storing of personal information of any other User.
20. Uploading on the Campaign or transmitting by email or in any similar manner computer viruses, computer codes, files, programs or like content designed to interfere with, destroy or restrict the function of computer software, hardware or communication devices.
21. Other acts which the Company reasonably deems as inappropriate, including but not limited to acts which damage the goodwill of the Company or any Online Event holder.

Article 7 (Intellectual property rights)
1. With respect to the work submitted by the User in the Campaign, any and all intellectual property rights pertaining to the designs, patents, utility models, trademarks, copyrights or the like shall be retained by the applicants, in principle.  For such reason, the applicants themselves shall be responsible for protecting them and taking necessary measures for rights protection in time of application; provided, however, that in case the work submitted wins an award, the User shall transfer the right to publish such work to the Company. The copyrights on the images of the submitted work taken by the Company shall be retained by the sponsor, and the images may be used by the Company without charge (this use shall include publication, reproduction, public transmission, and processing). The User shall be deemed to have agreed that the Company may publish images of the award-winning work he or she had submitted.
2. With respect to the Content posted by the User in the Campaign, the right to use images and the like shall be retained by the Company. The Company shall have non-exclusive rights to use the posted images in whole or in part without charge (this use shall include publication, reproduction, public transmission, and processing).
3. In the event that any act prohibited by copyright laws or other laws and regulations of Japan or any other country is discovered with respect to the Content owned by the Company, including but not limited to unauthorized reproduction and derivative use without prior consent of the Company, the Company shall immediately take legal steps against it regardless of the purpose of such act. 
4. In the event that any act prohibited by copyright laws or other laws and regulations of Japan or any other country is discovered with respect to any Content the copyright of which is owned by the Company, including but not limited to unauthorized reproduction or redistribution and other derivative use without the prior consent of the Company, the Company shall immediately take legal steps against it regardless of the purpose of such act.

Article 8 (Control of data)
1. The Company may, at its own discretion, use freely in the Company any Content issued by the User in relation to the Campaign, in whole or in part, without payment to the User. 
2. The User acknowledges that the use of the Campaign may be limited in the event that the User disables Cookies in its web browser. 
3. The Company shall not be liable in any way for failures or loss of data during data transmission.

Article 9 (Maintenance of the Campaign)
1. In the event that any of the following circumstances arises, the Company may suspend the provision of the Campaign, in whole or in part, without prior notice, in order to maintain sound operation of the Campaign. The Company shall not be liable for any damages which may be incurred by the User or any third party due to such suspension.
(1) When necessity arises for regular or emergent maintenance of the Campaign.
(2) When necessity arises due to any event beyond reasonable control of the Company, including but not limited to force majeure, act of government, flood, fire, earthquake, riot, terrorism, strike or other labor dispute (except those of the Company or affiliated companies of the Company) and failure or delay attributable to the Internet service provider or partner web media.
(3) When the Company deems it necessary to suspend the Campaign for other unavoidable reasons.
2. In the event that the User is in breach of these Terms, the Company may terminate the provision of the Campaign.

Article 10 (Miscellaneous)
1. In the event that any problem arises with respect to the use of the Campaign which cannot be resolved by these Terms, the Company and the User shall resolve it through good faith consultation.
2. Any and all claims arising between the User and the Company shall be subject to the laws of Japan. 
3. Any and all lawsuits arising with respect to the use of the Campaign shall be submitted to the Tokyo District Court as the court of jurisdiction for the first instance.
4. With respect to the works which the User has agreed to provide to the Company in the entry form or which won an award, the Company may request the User to permit a replica to be made for exhibitions in Events. In this case, the User will be advised of the necessary matters therefor separately in an official document.
5.About Prize shipment:We will send an email to the address provided in the entry form requesting a shipping address.
 Upon reciept of a reply, we will sent the prize to the requested location.
 We will only contact the prize winner. 
 We cannot accept questions about the nomination process.


[Supplementary Provisions] 
These Terms shall come into effect on April 1, 2016.