Terms of use for “Movies By Your Side” portal site, a movie delivering site for the mental care activities of children who are under the emergency situation.

Terms of use for “Movies By Your Side” portal site, a movie delivering site for the mental care activities of children who are under the emergency situation (the “Terms”), governs the conditions of “Movies By Your Side” portal site, the movie delivering site (the “Service”) between the NPO World Theater Project (the “Organization”) and the user (the “User”).  Please, read the following items carefully.

1.Common Word Definitions

Exception of words which are defined within the context, definitions of commonly used words are as follows.

  • “The Service”: The movie contents providing site “Movies by your side” run by the   Organization.
  • “The Site”: The official web site for the Service.
  • “The User”: Individuals or organizations/groups who requested to use the Service.
  • “contents”: The definition of the word is applied by the Japanese law of “Act on Promotion of Creation, Protection, and Exploitation of Contents (Act No. 81 of 2004)” comes under the Clause 1 Article 2
  • “The Contents”: Movies or other contents provided on the Site that the User applied to watch or use.
  • “provided free of charge”: The Contents “provided free of charge” means the User can gain the non-proprietary right of use on the Contents by applying the use of the Service to the organization. 
  • “The Terms”: The Terms of Use on the Contents between the User and the Organization.

2.Term Application and Revisions

  • The Terms of Use will be applied to the Service User, an individual, and an organization/ group who are visiting or using the Service provided by the Site.
  • In case of the User being a minor, the User is subjected to acquire the consent from the guardian or the legal representative before using the Service.
  • The Organization is entitled to revise the Terms of Use or additional provisions if needed.  The organization will indicate the effective date on the revised Terms and notify the Users by separately stipulated means.

3.User’s Application

  • The User need to fill out the personal information such as the name of individual, name of organization, E-mail address, and etc. to watch the Contents or using other services provided by the Organization.
  • The User is expected to inform the correct personal information, and need to update the status to the Organization.
  • If the User happened to change the status after applying for the Service, the User need to notify the changes via the Site application or other means provided by the Organization.

4.Use of the Content

  • The User who wishes to use the Contents needs to apply the Service via the procedure the Organization specifies.
  • The application of the User is effective when the digital data arrived to the Organization’s server through the internet. 
  • The use of the Service become effective after the Organization replies to the User on the consent to use the Service.  The Terms of Use agreement is established between the User and the Organization, and the User will screen the movies observing the Terms of Use.
  • After establishing the Terms of Use agreement, the User cannot change the application nor withdraw from the agreement.
  • After establishing the Terms of Use agreement, the User can obtain the non-proprietary and non-transferable right of use on the Contents.  If the User’s right of use is limited in period, the right of use will be expired by the scheduled date.
  • The User is expected to observe the conditions of use such as the period and/or other conditions the Organization indicated to the User.
  • The User needs to provide PCs, smartphones, tablet or other terminal computers, projectors, a screen, or speakers as the movie screening apparatus.  Also, the means of connecting to the internet and electricity need to be prepared by the User.  The User is responsible for providing and preparing the above all materials (“Screening Environment”).  The Organization will not be responsible for the unpreparedness of the User on the Screening Environment even if the User can not watch the Contents.

5.ID and Password

  • The User must manage ID and password of the Service properly.
  • The User should not share with, lend to, or reassign the right of use to any third party.
  • In case of forgetting ID and/or password, the User need to follow the specified procedure of the Organization.
  • In case of theft of ID and password or the ID and password being used by any third party, the User need to notify the Organization immediately and the User need to follow the specified instructions of the Organization.
  • The Organization will not be responsible for the damage inflicted by the User’s mismanagement, error in the usage, misconduct of ID and password.  The User will be responsible for the damage inflicted on the organization or on any third party caused by the User’s mismanagement, error in the usage, misconduct of ID and password.
  • 6.Intellectual Property Rights
  • The copyright of the materials in the Contents such as words, pictures, movies, sounds, and etc. (“the Materials”) are belonged to the Organization or the other party which permits to use the Contents to the User.
  • Except above Materials, copyright of materials constitute the Service are belonged to the Organization or the other party which permits to use the Contents to the User.
  • The Users will not acquire any right on the Contents nor the Service by using the Service except the right that indicated on the Term of Use with the written words.  
  1. Prohibited Matters 
  • The following acts (“Prohibited Matters”) are prohibited when using the Service.
    • Acts to collect an entry fee to watch the Contents or other means to gain a profit.
    • Acts to share with, lend to, or reassign the right of use to any third party.
    • Acts to allow unapproved personnel by the Organization or a huge number of audience watch the Contents.
    • Acts to delete, change, detour, refute, disrupt, or escape from the display of the copyright, trademark, and other rights put on the Contents.
    • Acts to copy, download, stream capture, duplicate, save at an archival storage, video distribute, upload, release, make a change, translate, broadcast, execute, display, sell, send, or resend the Contents.
    • Acts to embed into a hardware or software the Contents, or to stream the Contents by using hardware or software.  Also, to enable the use of the Contents by framing or in-line-linking.
    • Acts to create an index to recreate or distribute the critical part of the Contents.
    • Acts to create derivative works of the Contents or materials based on the Contents, including a montage, a mashup, similar movies, wall papers, desktop themes, greeting cards, or any merchandise.  Also, to create derivative works for providing free of charge.
    • Acts to conduct against laws, judgement of the courts, decisions and orders, regulations which are abended by the law.
    • Acts to conduct a harmful conduct against the public order or good manners and customs
    • Acts to interrupt the intellectual property rights, right of portrait, right of honor, right of privacy, or other rights regarding the law or the Terms of Use. 
    • Acts to pretend to be the Organization or the member of the Organization or any third party to deliberately spread misleading information.
    • Acts to lend, exchange, yell, sell, pawn, collateralize, re-licensing, or any other ways to allow others to use the Service or terminate the Service.
    • Acts to collect the personal information or application information by illegal manners, or to post or send messages to disclose or force to disclose the above information.
    • Acts to disassemble, reverse-compile, or reverse-engineer the technology or techniques used within the Site.
    • Acts to attempt unauthorized access on the Site by using technological methods to take over the Site management, to utilize the undeliberate bugs in the cording used for the Site. Also acts to repeat the same question over and over again or to make unfair inquiries to disrupt the operation of the Site or to harm the accessibility of other users.
    • Acts to prepare, help, or co-initiate the above nuisances.
    • Acts to conduct other kinds of deeds that being judged disruptive by the Organization.
  • When the Organization find out that the User has committed the any Prohibited Conduct, The Organization may take one or more following actions without giving any notice to the User.
    • Warning
    • Termination of the Terms of Use agreement.
    • Suspension of the all or part of the User’s qualification.
    • Other necessary and rightful measures.

8.Extermination of the Service

The Organization can refuse the agreement or terminate the Terms of Use agreement or take any other necessary and rightful measures if the User falls into any of the following category.

  • The bankruptcy proceedings, the civil rehabilitation proceedings, or any other organizational bankruptcy proceedings has being processed against the User.
  • The User being belonged to antisocial forces or leading or joining the antisocial movements.

9．Disclaimer

  • The Organization will not explicitly or implicitly guarantee that the provided data may or may not contain actual or legal defect such as safety, reliability, accuracy, integrity, effectiveness, compatibility to specific purpose, security, errors and bugs, infringement.
  • The organization will not be responsible for the damage to the User or to the third party caused by the use of the Service except there is an intentional or gross negligence.  In addition to that, this disclaimer will not be effective in case of the contracts between the User and the Organization including this Terms of Use are considered to be a consumer contract defined in the consumer contract law.
  • Even it is mentioned above, the Organization will not take a responsibility for damage to the User inflicted by the default or illegal acts taken place in special circumstances including the Organization or the User can clearly predict the occurrence of the damages.
  • Exception of the intentional or gross negligence, the Organization will not be liable to the damage inflicted on the User caused by the suspension, discontinuation, termination of the Service, incapability, the changes made in the Service, or the User-made contents being deleted or lost.
  • The Organization will not be responsible for the cooperated third party’s service being suspended, discontinued, terminated, being incapable to serve, or the changes made in the Service.  Also, the Organization will not be liable for the damages made above reasons.  Furthermore, the Organization will not be responsible for the inquiries for the resumption or rectification of the third party’s services.
  1.  Suspension of the Service in case of Maintenance
  • The Organization can suspend or discontinue a part or all the Service for the system maintenance when it is needed upon posting the maintenance notice beforehand on the Site.
  • Regardless of the preceding paragraph, the organization can suspend or discontinue a part or all the Service for the system maintenance in case of the following situations.
  • In case of the immediate attention is required for the system maintenance.
  • In case of accidental malfunction of the system related to computers, the server, or the communication lines.
  • In case of incapability of continuing the Service because of the earthquake, lightning strike, fire, wind and flood damage, blackout, natural disaster or etc. 
  • In case of the other reasons that the Organization decides to suspend or discontinue the Service.
  • Exception of the intentional or gross negligence, the Organization will not take a responsibility to the damage caused by the sudden accidents mentioned above in this section.
  1.  Notices

The Organization will notify the User at the appropriate place on the Site by displaying in case the organization need to notify the User.  Otherwise, the Organization will use the proper measures like E-mail, telephone, letter, or other methods to communicate the User.

  1.  Eliminating Infringement of Rights 

In case of finding out the infringement of the Contents by the Third party, the Organization will make a notice to the responsible party right away, and discuss the counter-measures.

  1. Change in The Terms
  • Comes under the Civil Law Clause 4 Article 548, the Organization can make a change in the Terms of Use.  The Organization will notify the User about the intention of the changes in the Term and the content being changed, and the effective date before at least one whole month.
  • After being notified the revised Term and after the effective date of the change, the user automatically agreed to the revised Term if the User decide to use the service.  If the User do not agree with the revised Term, the user is strongly advised not to use the Service.
  1. Governing Law and Jurisdiction

Regarding the Term, Japanese law is the governing law.  The conflict based on the Term between the User and the Organization is resolved by Tokyo district court as the exclusive jurisdiction court of first instance.

  1. Inquiries

Please contact the operating Organization at the following E-mail address for inquiry about the Term of Use or about “the “Movies By Your Side” portal site, a movie delivering site for the mental care activities of children who are under the emergency situation”.

NPO World Theater Project

Inquiry E-mail: Address: info@worldtheater-pj.net

Enacted from 14 Feb, 2023