The Wonder 500

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The Wonder 500™ Terms of Service

Last updated on: August 26
This agreement (hereafter referred to as “the agreement”) is a legally-binding contract between the user and The Wonder 500™ Administration Office (Office in charge: Revamp Corporation, hereafter referred to as “the office”). The agreement covers all the content (hereafter referred to as “content”) and services including story texts, images, videos and others provided by The Wonder 500™ website at https://thewonder500.com (hereafter referred to as “the website”) and the office to the user. Upon use of the site, content or services provided by the office, all individuals and organizations that use the content or services shall be deemed to agree to abide by the terms of the agreement. Users who do not agree to the terms of the agreement may not use these services or content. This agreement may be changed at any time at the discretion of the office. If the amended contract is listed on the office’s website, the amended contract is applicable to all licenses obtained thereafter.

1 Granting rights

1.1

The office grants the user the right to use the content (meaning use of all or part of content to duplicate, change, alter, create derivative works, etc., regardless of form) within the specified scope of the agreement. These rights are non-transferrable, non-exclusive, and cannot be sublicensed.

1.2

Before using the content, the user must first use the notification form on the website to notify The Wonder 500™ Administration Office of the specified items on the form.

1.3

Each piece of content was created to introduce a specific product and promote its sale. Users may only use the content or use content derivative works within the scope of introducing the product in the content (hereafter referred to as “the product”) or to promote sale of the product (hereafter referred to as “purpose of use”).

1.4

Users must comply with this agreement, copyright law, and any other related laws and regulations upon using the content.

1.5

If there is a possibility that the content is claimed that it infringes on another’s rights, and the office may bear legal responsibility for this infringement, the office may demand that the user immediately cease use of the content or content derivative works, as well as deleting any electronically-stored, or removing any physically-stored content or derivative works.

2 Usage restrictions

2.1

The following content may not be used.
(a) Any content on the website owned by a copyright holder other than the office, shown as “© (copyright holder)”.
(b) Content specified individually by the office as unavailable for individual use or duplication.

2.2

Content cannot be used for the following purposes, or in these ways or forms. Please contact the office beforehand to see if any of the following items apply.
(a) Usage for pornographic, or anything that resembles pornographic materials, slander or any other purpose, means, or form that may infringe laws, public order and morals whether directly or indirectly.
(b) Usage for abusive purposes or uses that result in abuse.
(c) Usage that results in false statements.
(d) Usage that may result in damage to the features, quality, or reputation or credibility of the subject (anything including a person, item, scenery, etc.) in the content.
(e) Distribution (sale, rental, distribution free of charge, loaning free of charge, etc.) or transmitting on a website or broadcasting of duplications or modifications (items that are not derivative works) of content, content data, or prints as subject of independent transaction.
(f) Usage of derivative work including the contents as the main content of the product to distribute it via the internet or other similar means, or incorporating into software or hardware of derivative work as the main content that includes the content.
(g) Incorporating the content into a logo, corporate identity (CI), trademark, or service mark without prior written consent of the office.
(h) Providing content in a way that third parties can download, extract, redistribute, or access individual files from the content.

3 Credits and intellectual property rights

3.1 Copyright

3.1.1 Copyright of content provided by the office belongs to the office or the creator of the content. The office has been entrusted with managing copyrights of the content posted to the website by the author or administrator of the content.
3.1.2 Unless specifically identified, the office does not own the portrait rights, trademark rights, patent rights, copyrights or other rights to persons, buildings, or items used as subjects in the content. As long as the office does not have documents guaranteeing the various rights of the applicable works, the office is not responsible in any way for disputes arising from these various rights.
3.1.3 Granting of licenses included in this agreement does not entail transfer of content copyright to the user. Except for when noted in this agreement, the office does not grant any rights or licenses whatsoever, whether explicit or implicit. Because any rights to the content, including copyrights, are not transferrable to users, users may not assert any rights to income from fee collecting organizations related to mechanical or digital reproduction or other secondary usage of the content included in user creations.

3.2 Trademark rights

3.2.1 With respect to use of “The Wonder 500™” or the trade names, trademarks, logos, or service marks (hereafter referred to in general as “marks”) of any products in content or their provider (hereafter referred to as “product provider”) users must agree that (i) hese marks are the property of the office or the product provider only, currently and in the future, and (ii) unless the duty to display credit based on this agreement is explicitly demanded, rights to use the marks are not granted to users, and (iii) users agree to not state objections as to the validity of the applicable marks now or in the future.

3.3 Credits

3.3.1 When using photo content, users must display one of the following items near the content.
“© The Wonder 500 Administration Office”
“Image provided by The Wonder 500™ Administration Office”
3.3.2 When using video data content and a credit along with content that shows a similar subject from a different provider, users must display a credit of the equal size and in the same location, substantially in the following format, to the extent that it is technically possible.
“This video was provided by The Wonder 500™ Administration Office”
3.3.3 When using text content, users must display one of the following items near the content.
“© The Wonder 500™ Administration Office”
“Text provided by The Wonder 500™ Administration Office”

3.4

When using content on a website, users must link “The Wonder 500” to the following URL in addition to displaying the text shown in item 3.3.1 of this agreement.
https://www.thewonder500.com

4 Limitation of liability

4.1

The office assures that all necessary rights and authorities are possessed by the office in order to conclude and fulfill this contract.

4.2

Except in cases specified in the previous section, the office does not guarantee whatsoever (including, but not limited to implied warranties of marketability or appropriateness for a specific purpose), whether explicitly or implicitly, the rights of the contents or their subject, the quality of content, uniformity of the content subject and product, product quality or attributes, or product provider display or actions. The office has no liability whatsoever for any punitive damages, special damages, indirect damages, consequential damages, incidental damages, or any other similar damages, fees, or loss, caused by the agreement even if the office is notified of the possibility of such damages, fees, or loss toward the user or any other individuals or organizations.

5 Exemptions

5.1

If the office intentionally, or through negligence, violates the assurance stipulated in section 4.1 of the agreement, and the contents are used in accordance with the agreement, and the user has not violated the agreement, the office will protect against, compensate, and make exemption for a claim made by third parties (hereafter referred to as “the claim”) within the scope of damages actually experienced by the user. However, the office is not obligated to do this when any of the following items (a) to (d) applies.
(a) The user has not followed the terms of the agreement
(b) Damages to a third party have occurred due to willful acts or negligence on the part of the user
(c) The user has modified the content (including, but not limited to adding overlays and refocusing) and it can be reasonably admitted that the claim has arisen due to said modifications
(d) The user has used content in a work that they own the copyright for, and it can be reasonably admitted that the claim has arisen due to use of, the usage conditions, or the method of use of said work
(e) The content is the target of a claim of rights infringement by a third party and the user continues to use the content after notification by the office or after the user has become aware of the situation themselves

5.2

The user continues to use the content after notified by the office or after the user has become aware upon the user’s knowledge that the content is the target of a claim of rights infringement by a third party. The user will protect against, compensate, and exempt The Wonder 500™ Administration Office, its constituent organizations, parent companies, subsidiaries, product providers, content authors, and their executive officers, directors, and staff against any and all responsibility and costs (including reasonable external legal costs) arising from damages that occur due to claims from third parties as a result of violation of the agreement by the user.

5.3

Except for what is noted in section 5.1 of this agreement, the office has no obligation to make any kind of compensation.

5.4

Parties who make a claim for compensation (hereafter referred to as “compensation claimant”) based on sections 5.1 and 5.2 of this agreement must immediately notify the party who will make compensation for said claim (hereafter referred to as the “compensating party”) after receiving a claim for compensation from the third party. The compensating party may choose to process the claim, seek legal action, reach a settlement, or defend the claim. In such a case, the compensation claimant must respond to reasonable requests from the compensating party and cooperate in defending the claim or legal action. The compensation claimant has the right to pursue legal action through a lawyer of their choice, with all pursuant costs borne by the claimant. The compensating party bears no responsibility to compensate the compensation claimant for any legal or other costs borne by the compensation claimant before the claim was reported to the compensating party.

6 Unauthorized use

6.1

If content is used in a way that is not explicitly authorized in this agreement, the office reserves the right to exercise all rights to remedy the copyright infringement. Users bear all responsibilities for damages (including claims from third parties) occurring due to copyright infringement.

6.2

If content is used in a way that is not explicitly authorized in this agreement, the office may demand that the user immediately cease use of all content and content derivative work. If a user is subject to such a demand, they must immediately cease all use of content and content derivative work, comply with the demands of the office, and collect, destroy or return all content data or prints, content or content derivative work used in printed material, items, or products (including duplications) possessed by or managed by the user at their own expense. In such a situation, the user must disclose all information regarding the whereabouts, and situation of distribution and use of content data, printed materials, items or products to the office.

6.3

If the user is made aware of wrongful use of all or part of the content by a third party with access to the content via the user, or that the office’s intellectual property (including, but not limited to trademarks and copyrights) has been infringed upon, the user must immediately notify the office.

7 Separability

7.1

Even if it has been certified that one or multiple articles in this agreement are invalid, these shall not have any effect on the validity of other articles. The applicable articles shall be amended within the scope necessary to ensure that the articles are made valid.

8 Applicable laws and jurisdiction

8.1

All content in this agreement is governed by Japanese law.

8.2

Any disputes arising under or in connection with this agreement shall be subject exclusively to the jurisdiction of the court of first instance of the Tokyo District Court.

8.3

The parties agree to initiate legal proceedings within two years of the occurrence of the phenomenon which is the cause of the applicable claim regardless of the time limit imposed by law.
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