Chapter 1. General Provision
Article 1. Objectives
- The Terms and Conditions stipulates matters relevant to the conditions and procedures for using the web Services operated by “Mobile Internet Business Association” (hereinafter “MOIBA”).
- Please make sure you are fully aware of the details before joining us. The Terms and Conditions are applicable to all members using all web Services operated by “MOIBA,” and it is your responsibility to read and understand the details.
Article 2. Notification and Effect of the Terms and Conditions
- The details of the Terms and Conditions take effect by notifying members via posting the details on the web Service screen or other methods.
- “MOIBA” may make changes to the Terms and Conditions, and the changes take effect by notifying the details as in Paragraph 1.
- Membership refers to joining the web Service offered by “MOIBA” and agreeing to the conditions and regulations of the web Service. “MOIBA” has the right to make overall or partial changes to the conditions and clauses of the web service with or without prior notice. Please beware that you can not object to such changes due to reasons such as failure to make instant replies or receive relevant notices to the changes.
Article 3. Rules Other than the Terms and Conditions
All matter that are not stipulated in the Terms and Conditions conform to the regulations of the 「Framework Act on Telecommunications」, 「Framework Act on Electronic Documents and Transactions」, 「Digital Signature Act」, 「Mail-Order Sales Act」, and other relevant legislations.
Article 4. Definition of Terminologies
The terminologies used in the Terms and Conditions are defined as follows.
- ID: a combination of letters and numbers selected by the member and approved by “MOIBA” for “MOIBA” to identify members and members to use services.
- Password: a combination of letters and numbers set by members to protect their confidential information in terms of communications.
- Delete Account: expression of a member’s will to terminate the agreement of use after using the service.
Chapter 2. Agreement of Service Use
Article 1. Conclusion of Use Agreement
- If the user reads the Terms and Conditions and clicks on the “I Agree” button when joining the service, the user is considered to have agreed to the Terms and Conditions.
- The Agreement of Use is concluded when the member enters his/her personal information and completes the joining process.
- Users who wish to join as a member and use the service shall provide the personal information requested by “MOIBA.”
- By principle, the Agreement of Use shall be signed by one(1) ID from one(1) participating company.
Article 2. Use Application
For use application, please use the online application form.
Article 3. Approval of Use Application
The use application is approved when and if the member applies for use with correct information for all matters determined in Article 2 of Chapter 2.
Article 4. Non-Approval of Use Application
The web service may refuse the registration of use applications, or may edit or delete member information without notifying the member after registration in the following circumstances. When and if...
- 1) the user applied with another individual’s name/identity;
- 2) the user entered false information for necessary details for use application;
- 3) the user applied with a purpose to offense against law and order and/or public morals;
- 4) the use is a registered credit delinquent according to the 「Credit Information Use and Protection Act」;
- 5) it is difficult to approve use due to other reasons attributable to the applicant user.
“MOIBA” may not approve until the reasons for approval limitations are resolved for the following applications of use. When and if...
- 1) “MOIBA” does not have spare facilities;
- 2) “MOIBA” has technical issues;
- 3) other circumstances in which “MOIBA” considers necessary.
- When and if applications of use are not approved or approvals are limited, “MOIBA” must notify the fact to applicants of use.
Article 5. Changes in Details of Agreement
When and if changes occur to the details entered when applying for use, members shall edit the relevant information online.
Article 6. Sharing of Member Information
- When and if “MOIBA” decides to forge partnership or merge with or acquire other institutions or break up for better service, member information may be shared.
- For events that offer various giveaways, registration information of the winner may be shared through negotiations with the sponsorship for the giveaways.
- When and if circumstances of Paragraph 1 and 2 occurs, “MOIBA” must notify the fact to the members.
Article 7. Additional Use of Member Information
Additional member information provided by the member when using the Service Community shall only be used for managerial and statistical purposes.
Article 8. Provision of Information
“MOIBA” may provide information on the Member’s use of the Service, events held by “MOIBA” or information services to members via e-mail or SMS.
Article 9. Protection of Personal Information
- “MOIBA” must receive consent from the user when collecting user’s personal information.
- “MOIBA” is fully responsible for the use of personal information for purposes other than managerial and statistical purposes and those stipulated in Paragraph 6 of Article 2; and the damage to the user caused by the provision of personal information to a third party, loss, theft, leakage, and falsification of personal information without consent of the user.
Chapter 3. Use of Service
Article 1. Use of Service
Unless “MOIBA” has professional or technical issues, the Service can be used 24hours a day. However, for better service, “MOIBA” may temporarily suspend the Service with prior notice when and if necessary such as regular inspection.
Article 2. Suspension of Service Provision
- inevitable for repairing facility, etc.;
- the key telecommunications service provider suspends telecommunication service stipulated in the 「Telecommunications Business Act」;
- “MOIBA” can not provide its Service due to other surfacing reasons.
“MOIBA” may suspend provision of the Service in the following circumstances. When and if...
Article 3. Elimination of File Information and Deletion of Member Authorization
- When and if “MOIBA” concludes that it does not have enough facility capacity for Services, “MOIBA” may delete member information and personal information as needed.
- When and if “MOIBA” concludes that there are operational or security-related issues in its Service, “MOIBA” may search member information and personal information without prior notice.
- In case of Paragraph 1, “MOIBA” notifies the matter to members via the Service or e-mail in advance.
Chapter 4. Limitations on Service Use and Termination of Agreement
Article 1. Limitations on Service Use
The user should not commit acts listed in the following sub-paragraphs when using the Service. The user’s use of the Service may be limited when and if committed. Acts...
- 1) of wrongfully using other member’s ID;
- 2) with a purpose of crimes or acts related to other crimes;
- 3) that are against law and order and/or public morals;
- 4) of harming or insulting other’s reputation;
- 5) of violating other’s rights such as intellectual property rights, etc.;
- 6) of hacking or spreading computer viruses;
- 7) of persistently sending the same information to others against their will such as commercial information;
- 8) that cause or may cause inconvenience to the safe operation of the Service;
- 9) that are against other relevant legislations.
Article 2. Cancellation of Agreement
- Members who wish to cancel the agreement of use must apply to “MOIBA” one(1) day prior to the desired date of cancellation via the Service or e-mail. (However, if the desired date of cancellation is an official national holiday, the application must be done two(2) days before the holiday.)
- When and if a member has violated Article 1 of Chapter 4 and does not settle the issue within the time specified, “MOIBA” may cancel the agreement of use.
- When and if a member who has been canceled due to Paragraph 2 re-applies for Service use, “MOIBA” may limit approval for a certain period of time.
Chapter 5. Liabilities
Article 1. Member Obligations
- Members are responsible for all management of ID and/or password.
- Members can not transfer, lend, or borrow ID and/or password without prior approval by “MOIBA.”
- When and if ID has been wrongfully used, members must notify the fact to “MOIBA.”
- When and if changes occur to the details filled out in use application form, members shall notify the details to “MOIBA” vial the Service.
- Members must conform to the matters stipulated in this Terms and Conditions and/or relevant legislations.
Article 2. Obligations of MOIBA
- With the exceptions of circumstances stipulated in Articles 1 and 2 of Chapter 3, “MOIBA” provides its service and enables users to use the service on the day of application as stipulated in this Terms and Conditions.
- As stipulated in this Terms and Conditions, “MOIBA” has an obligation to provide a reliable service. However, “MOIBA” has no responsibility for any inevitable loss in Member’s personal information.
- “MOIBA” does not give away and/or distribute Member’s personal information to others without approval from the individual of concern. However, this is not true for circumstances where national organizations, etc., require certain information according to relevant legislations such as acts related to telecommunications.
- Upon acknowledging that opinions or complaints raised by Members are reasonable, “MOIBA” must immediately take action. However, when and if the matter can not be promptly taken care of, “MOIBA” must notify Members why and the schedule for handling the matter.
Article 3. Deletion of Notices and Posts
When and if certain posts and/or details of the service are against the regulations stipulated in Article 1 of Chapter 4, or has exceeded the period for posting set by “MOIBA,” “MOIBA” may delete the posts and/or details without prior notice or consent.
Chapter 6. Compensation for Damages and Exemption Clauses
Article 1. Compensation for Damages
Even though Members may experience loss related to the use of service, “MOIBA” is not responsible for the loss unless it is due to grave negligence by “MOIBA.”
Article 2. Exemption Clauses
- “MOIBA” is exempted from responsibilities relevant to service provision in circumstances where it can not provide services due to natural disasters or force majeure equivalent to natural disasters.
- “MOIBA” is not responsible for errors in Service use caused by reasons attributable to its Members.
- “MOIBA” is not responsible for losses caused by the expected gain and loss or data acquired via using the Service.
- “MOIBA” is not responsible for the information, data, reliability, and accuracy of the information and/or data posted by Members.
- Members are responsible for all damages caused by careless management and use of member ID and password, and/or wrongful use of member ID and password by a third party.
- When and if a Member violates regulations of Article 1 of Chapter 4 and/or any in this Terms and Conditions thereby causing “MOIBA” to charge responsibility to the member and/or a third party, and eventually leading to damages to “MOIBA,” the member who violated this Terms and Conditions must compensate all damages arisen in “MOIBA,” and shall exempt “MOIBA” from the liability for the damages of concern.
Chapter 7. Use of the Community
Article 1. Limitations on the Use of the Community
- “MOIBA” operates a Community Service to enable users express opinions and share common interests.
The following are cases that may limit the use of the Community, and the limitation is not limited the items below. Acts of...
- 1) harming, misusing, stealing, threatening, besetting or violating other’s legal rights such as privacy and/or rights of publicity;
- 2) publishing, mailing, posting, distributing and/or spreading titles, names, data, and/or information that are inappropriate, profane, defamatory, invasionary, obscene, indecent and/or illegal;
- 3) uploading files that include software or other data that are protected by the 「Act on Intellectual Property.」However, this is not the case when and if the user owns and/or manages the rights and/or has obtained necessary consent;
- 4) uploading data that includes viruses, contaminated files and/or other similar softwares and/or programs that may cause damage to other’s computers;
- 5) advertising and/or selling goods and/or services for commercial purposes;
- 6) conducting data research, contests, pyramid structures or sending chain letters;
- 7) downloading files uploaded by other Community Users that are known or can rationally be known to be illegal to distribute;
- 8) forging and/or removing marks, legal and/or other precautions, and/or brand name, and/or source or original indicators on the software and/or other data included in the uploaded file;
- 9) limiting or prohibiting other users from using or enjoying the Community;
- 10) posting non-modelistic content such as content that are against law and order and/or public morals, obscene, content that propagate or slander certain religions, induce regionalism, etc.
- “MOIBA” holds the authority to terminate part or all of your Community access at all times for any reason without notice.
Article 2. Liabilities of MOIBA
- “MOIBA” does not have the obligation to censor the Community. However, “MOIBA” has the right to disclose information to fulfil applicable legislations, regulations, legal procedures and/or government requirements, edit and/or reject the delivery of and/or remove all and/or part of the information or data under its own discretion.
- You acknowledge that all Community Services are public and not private communication, and that the user’s communication may be read by another individual unbeknownst to you. Therefore, beware at all times when sending information on a user who can identify whose information it is and/or the user’s children. “MOIBA” does not manage or approve the content in the Community, message and/or information.
- “MOIBA” clearly disclaims its responsibility for the Community as well as all events caused by the user’s participation to the Community.
Chapter 8. Others
Article 1. Changes in the Terms and Conditions
When and if revisions are made to the Terms and Conditions, the changes must be notified at least seven(7) days prior to the revision. If the revisions are unfavorable to the consumer, the changes must be notified thirty(30) days prior to the revision.
Article 2. Resolution of Disputes
- MOIBA and the Member shall make all necessary efforts to efficiently resolve any disputes related to the Service.
- When and if a suit is filed due to a dispute despite the rule of Paragraph 1, the case shall be under exclusive control of the court of jurisdiction for the 「Civil Procedure Act.」
Date of Revision: This Terms and Conditions has been revised on February 26, 2018.
Date of Implementation: The revisions are to be implemented from February 26, 2018.