Terms and Conditions

Effective March 1st, 2007

KDDI America, Inc., together with its subsidiaries, affiliates, agents and licensors (collectively, KDDI America) provide you access to this and other KDDI Mobile sites. The following terms apply to your use of and access to any KDDI America owned or operated websites (the Websites), as well as any related electronic transmission set, received, posted, accessed, or stored. By accessing, browsing, or using any of the Websites, you agree to be bound by the terms or conditions described herein and all documents, policies and guidelines incorporated by reference (the Agreement). KDDI America reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Websites. Any changes and/or modifications will be effective immediately upon posting of the new Agreement on the Websites as revised, and your access to and use of the Websites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

Copyright Notice
KDDI America, Inc. (C), copyright 2007 All rights reserved. The materials provided herein are for internal, non-commercial use only, and any copies of documents contained within this server or portions thereof must include the above copyright notice. Each document published by KDDI America on this server may contain other proprietary notices or describe products, services, processes or technologies owned by KDDI America or third parties. Nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of KDDI America or any third party.

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on KDDI America's system or network, should be promptly sent in the form of written communication to KDDI America, Inc.

E-mail address: webmaster@kddimobile.com

All claims must include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks
The KDDI America name and logo and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of KDDI America. All other products and service marks contained herein are the trademarks of their respective owners. The KDDI America name and logo and other trademarks and trade names owned by KDDI America may not be used in any commercial manner without the prior written consent of KDDI America, Inc..

Disclaimer of Endorsement
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply its endorsement, sponsorship or recommendation by KDDI America. Product and service information is the sole responsibility of each individual vendor.

Consent to Monitoring And Disclosure
KDDI America is under no obligation to monitor the information residing on or transmitted to this server. However, anyone using this server agrees that KDDI America. may monitor the server contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the server properly or to protect itself and its users. KDDI America reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the Agreement. Should any user of information on this server provide KDDI America with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and KDDI America assumes no obligation to protect such information from disclosure. The submission of such information to KDDI America shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by KDDI America for any purpose whatsoever and KDDI America, Inc. shall be free to reproduce, use, disclose and distribute the information to others without restriction.

Harmful or Illegal Use
You may access and use the Websites only for lawful purposes. You are responsible for any transmission you send, receive, post, access, or store via the Websites, including the content of any communication. Transmitting, distributing, or storing any material that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited: Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right.
Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.
Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce. Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes). Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or website that you access.
Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

Security related Harmful or Illegal Use
You may not violate the security of the Websites in any way. Such violations may result in criminal or civil liability. KDDI America may, but is not obligated to, investigate any violation of the Websites. KDDI America may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using KDDI America products services or sending, receiving, posting, accessing, or storing any electronic transmission via the Websites, you agree to cooperate, as well, in any such investigation. Examples of Network security violations include, without limitation:
Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.
Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.
Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.
Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.
Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by KDDI America or attempting to gain unauthorized access to, alter, or destroy any information that relates to any KDDI America customer or other end-user. KDDI America may, but is not obligated to, take any action it deems necessary to protect the Websites, its rights or the rights of its customers or third parties, or (2) optimize or improve the Websites, services, systems, and equipment. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Websites. KDDI America may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

Disclaimer of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND ITS SERVER(S) AND THE INTERNET GENERALLY. KDDI AMERICA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS WEBSITE, SERVER(S) OR THE INTERNET, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KDDI AMERICA DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE WEBSITES, SERVER(S) OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITES AND/OR SERVER(S). NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL KDDI AMERICA BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR ANY OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS WEBSITE, SERVER(S) OR THE INTERNET GENERALLY. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THE WEBSITES MAY REFER TO PRODUCTS, PROGRAMS OR SITES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

No Warranties
Any KDDI America material on this Website and/or server may include technical inaccuracies or typographical errors. KDDI America has the right to make changes and updates to any information contained within this Website and/or server without prior notice. THE INFORMATION PROVIDED ON THIS WEBSITE AND/OR SERVER IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY KDDI AMERICA, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER KDDI AMERICA, INC. NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS WEBSITE, SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE AND/OR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Indemnification
You agree to indemnify, defend and hold harmless KDDI America from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from; (1) any violation of this Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Websites; or (5) your use of the Websites.

Links and Linking
KDDI America prohibits the linking of the Websites with any other site, without its express prior written consent. Should KDDI America decide to provide links, such inclusion of any link does not imply endorsement by KDDI America of the other sites. Anyone permitted by KDDI America to link to the Websites must comply with all applicable laws and this Agreement.

Governing Law
This Agreement is governed by and must be construed under the laws of the States of New York. The federal and state courts of New York City , New York have exclusive jurisdiction over and venue of any suit that relates to this Agreement.

General Provisions
If any provision of this Agreement shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this Agreement and the other provisions shall remain in full force and effect. The failure of KDDI America to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and permitted assigns of the parties. KDDI America reserves the right to disclose any information, including registration data, in order to comply with any applicable laws and/or requests under legal process. The provisions of our Privacy Policy are incorporated herein by reference. KDDI America shall not be in default by reason of any failure in performance of this Agreement or the services provided via the Websites if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of KDDI America, including but not limited to, default by subcontractors or suppliers, acts of God or of the public enemy, terrorism, U.S. or foreign governmental acts in either a sovereign or contractual capacity, labor, fire, flood, epidemic, restrictions, strikes, freight embargoes, and/or banking and financial institution interruption.