Terms & Conditions
1 USE OF THE DOJA SITE
The DoJa Web Site is only for your personal and non-commercial use. The use of the DoJa Web Site shall be undertaken at your own responsibility. You understand and agree that the DoJa Web Site is provided on an "AS-IS" basis and you are responsible for obtaining all equipment, software and services necessary to have access to the DoJa Web Site.
2 LINK TO THIRD PARTY SITES
The DoJa Web Site may link you to other sites operated by third parties on the Internet. These sites are not under the control or supervision of DoCoMo and you agree that DoCoMo is not responsible for the accuracy, legality, copyright compliance or any other aspect of the content of such linked sites in any event. The inclusion of such links does not imply any recommendation or endorsement by DoCoMo of such linked sites.
You may create a link to the DoJa Web Site on your website, provided that you shall use the following banner without any modification when you create a link on your website.
3 MODIFICATION OR TERMINATION OF THE DOJA SITE
DoCoMo may modify or change any part or all of the content of the DoJa Web Site in any way at any time and at its sole discretion without any notice to you. Furthermore, DoCoMo has the right, in its sole discretion and without any notice, to terminate or suspend your access to or use of the DoJa Web Site and discontinue the DoJa Web Site with or without cause. Upon such termination or suspension, any information you have stored on the DoJa Web Site may not be retrieved later.
When you are required to create user account to have access to certain services on the DoJa Web Site, you agree to provide accurate, current and complete information about yourself and promptly update such data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or DoCoMo has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, DoCoMo may suspend or terminate your user account and refuse any and all current or future use of the DoJa Web Site.
5 MATERIAL POSTED BY YOU
By posting or providing the material or content to the DoJa Web Site, you grant DoCoMo and its affiliates world-wide and royalty-free licenses to use, copy, reproduce, display, modify, translate, perform and distribute such material for any purpose and sublicense these rights to the maximum extent permitted by applicable laws. You warrant and represent that you own all rights to such material and that use of such material by DoCoMo will not infringe any third party's rights.
6 PROHIBITED ACTIONS
7 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIAL, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DOJA WEB SITE (COLLECTIVELY, THE "CONTENT") IS PROVIDED ON AN "AS IS" AND THE USE OF THE DOJA SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, DOCOMO SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE WARRANTIES, WARRANTIES OF NON-INFRINGEMENT, WARRANTIES ARISING OUT OF COMMERCIAL OR INDUSTRY PRACTICE OR ANY WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE AND ALL STATUTORY WARRANTIES REGARDING THE DOJA WEB SITE OR THE CONTENT. DOCOMO ALSO DOES NOT REPRESENT OR WARRANT AND SPECIFICALLY DISCLAIMS AND YOU SPECIFICALLY ACCEPT AND ASSUME ALL LIABILITY AS TO WHETHER THE ACCESS TO OR USE OF THE DOJA WEB SITE OR THE CONTENT WILL ENABLE SPECIFIC RESULTS, IS ACCURATE, FREE FROM DEFECTS, SUITABLE FOR YOUR PROPOSED USE THEREOF, OR WILL NOT CAUSE ANY LOSS, DAMAGE OR INJURY WHEN USED.
8 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL DOCOMO BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT DAMAGES, ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF, BASED ON OR RELATED TO THE ACCESS TO OR USE OF THE DOJA SITE OR CONTENT, INABILITY TO USE THE DOJA SITE OR CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DOJA SITE OR ANY OTHER MATTER RELATING TO THE DOJA WEB SITE, EVEN IF DOCOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOCOMO SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR COSTS OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THE DOJA WEB SITE.
You agree to defend, indemnify and hold DoCoMo and its subsidiaries and other affiliates, and their employees, contractors, officers and directors harmless from any and all claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use or misuse of the DoJa Web Site.
10 PROPRIETARY RIGHTS
You acknowledge and agree that all content and material available on the DoJa Web Site, including, without limitation, the information, text, documents, photographs, sound, animations, software and the trademarks of "DoCoMo", "i-mode" and "DoJa" on the DoJa Web Site are protected by the copyrights, patent rights, trademark rights and other intellectual property rights which are owned by DoCoMo, its affiliated companies and other third parties in Japan and/or other countries. Except as expressly authorized by DoCoMo in writing, you agree not to modify, copy, reproduce, rent, lease, loan, sell, distribute, publicly display, publish, edit or create derivative works based on such content or material available on the DoJa Web Site in whole or in part.
12 GOVERNING LAW AND FORUM
13 GENERAL PROVISIONS
(iv) Assignment: You shall not be permitted to assign, transfer or sublicense your rights in the DoJa Web Site to any third party.