Terms of Use

Article 1. About these Terms

  1. These Terms of Use ("Terms") apply to all acts performed by persons who use the system provided by the Tokyo Marathon Foundation ("Foundation") on this site ("Users") in using the system.
  2. These Terms set out the conditions for the use of the system. Users are required to use the system in accordance with these Terms.
  3. By using the system, a User is deemed to have accepted the entire content of these Terms.
  4. This site stipulates in these Terms and other terms of use the conditions for the use of the system. Other terms of use, etc., regardless of designation, constitute a part of these Terms.
  5. In case of a difference between these Terms and other terms of use, etc., the provisions of other terms of use, etc., take precedence.
  6. If out of these Terms any provision cannot actually be applied to Users because system initiation has not occurred, application will take effect when enabled in the course of future changes.
  7. The Foundation can change these terms at its judgment at any time for any reason at its discretion.
  8. After a change of these Terms of Use, the changed Terms take effect at the time of their posting on this site unless prescribed otherwise by the Foundation.
  9. A User who uses the system after a change of these Terms has taken effect is deemed to have accepted the entire content of the changed Terms of Use.
  10. If these Terms are newly established or changed, etc., these Terms are applicable also to charity sheet contents and other information posted by system registered persons before such establishment or change.

Article 2. Definitions

Words and expressions used in these Terms have the meanings respectively defined in the following items.

  1. "Site" means the official website (URL: https://www.runwithheart.jp/) of the Tokyo Marathon Charity operated by the Foundation.
  2. "System" means the systems provided on the site for solicitations for donations, contributions of donations, applications for participation (as charity runner) in the Tokyo Marathon 2020, and the entirety of other systems.
  3. "Other terms of use, etc." means, irrespective of designation, conditions prescribed by the Foundation for use of the system other than these Terms, such as donation rules and other system terms of use, etc.
  4. "System registered person" means a User who in order to use the site has completed system registration in accordance with the method prescribed by the Foundation.
  5. “Non-Crowdfunding Charity registered person” and “Crowdfunding Charity registered person” mean a system registered person who has completed my-page registration for persons aiming to participate as charity runner.
  6. "Supporter" means a system registered person who endorses and donates toward a recipient program selected by a registered person.
  7. "Charity sheet" means the entirety of information entered or posted by Users, such as reasons and ideas for participating in the charity, profile pictures, and comments, etc. Note that the above includes information that can not currently be posted on the system and can only be posted if the system is changed in the future. The Foundation does not guarantee that such change will be made.
  8. "Posting" means the action by a system registered person of uploading information to the site such as charity sheet content, profile pictures, and comments, etc.
  9. "System internal communication functions" means all bulletin boards available for use in the system, mail to system registered persons, personal communication, telegrams, and communication functions between the Foundation and system registered persons or between system registered persons.

Article 3. Handling of personal information

Personal information acquired by the Foundation will be appropriately handled in accordance with the Privacy Policy set out separately hereof by the Foundation.

Article 4. Confidentiality of communication

  1. The Foundation observes the confidentiality of the communication of system registered persons in accordance with article 4. of the Telecommunications Business Act (Law No. 86 of 1984).
  2. In the following cases the Foundation is within the scopes set out in the following items discharged from the duty of confidentiality pursuant to the previous paragraph.
    1. (1) In cases where a compulsory disposition or court order has been issued under the provisions of the Code on Criminal Procedure (Law No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Law No. 137 of 1999): within the scope specified by the disposition or court order
    2. (2) In cases where a compulsory disposition based on laws and regulations has been executed: within the scope specified by the disposition or order
    3. (3) In cases where the Foundation finds that the requirements are satisfied for a request for disclosure based on article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Law No. 137 of 2001): within the scope of the request for disclosure
    4. (4) In cases where the Foundation finds that such necessity exists in order to protect a third party from loss of life, personal injury, or property damage: within the scope necessary for protecting the third party from loss of life, personal injury, or property damage

Article 5. Registration application

  1. A person who desires to register in order to use the system either as a Non-Crowdfunding Charity registered person, a Crowdfunding Charity registered person or as a supporter is required to accept the content of these Terms and file a user application in accordance with the methods respectively stipulated by the Foundation.
  2. A person who has filed a user application ("Registration applicant") becomes a system registered person when the Foundation has approved the user application.
  3. The Foundation will notify system registered persons of new system announcements, advertisement distributions, administrative information relating to system operations, and other information. However, a system registered person can at any time notify the Foundation by the prescribed method that the provision of information is not desired. In such a case, no information will be sent unless necessary for providing the use of the system.

Article 6. Denial of approval of registration application

If the Foundation finds that a circumstance corresponding to any of the following items exists, the Foundation can at its judgment deny approval of a registration application.

  1. If the registration applicant has filed a user application in a manner other than the method pursuant to paragraph 1 of the previous article
  2. If the registration applicant was previously the subject of compulsory registration cancellation on grounds of failure to observe these Terms or other terms of use, etc.
  3. If a system registered person is a constituent member of or a person related to organized crime
  4. In other cases considered inappropriate by the Foundation

Article 7. Registration cancellation

  1. A system registered person wishing to cancel a registration must in accordance with the method prescribed by the Foundation file a registration cancellation application with the Foundation.
  2. If a system registered person meets the conditions of any of the following items the Foundation can at its judgment force the system registered person to complete a registration cancellation and can deny system use.  
    1. (1) If it is found that a user application was not filed in accordance with the method pursuant to article 5, paragraph 1
    2. (2) If a provision of these Terms or of other terms of use, etc., was not observed
    3. (3) If the registration applicant is a person who was previously subject to compulsory registration cancellation on grounds of failure to observe a provision of these Terms or other terms of use, etc.
    4. (4) If a system registered person is a constituent member of or a person related to organized crime
    5. (5) In other cases considered inappropriate by the Foundation

Article 8. Usage environment maintenance

  1. System registered persons are responsible at their own cost and expense to appropriately maintain personal computers and all other devices, software, and communication means necessary for using the system.
  2. System registered persons acknowledge that for the use of the system in and outside of Japan telecommunications charges arise which are payable by system registered persons.
  3. System registered persons must in accordance with their user environments take security measures such as steps to prevent unauthorized access and information leakage, etc.
  4. The Foundation is not involved in and not responsible for the system user environments of system registered persons.

Article 9. Management of passwords, etc.

  1. System registered persons are in any event responsible for managing information such as passwords, IDs, and registered mail addresses, etc., if any are issued to system registered persons by the Foundation in connection with the system, and are likewise responsible for the management of terminals such as personal computers and mobile phones.
  2. System registered persons are solely responsible for damages arising from inadequate management of passwords, etc., and terminals such as personal computers and mobile phones, erroneous operation, and usage by third parties. The Foundation accepts no responsibility for any of the above.
  3. If a password, etc., of a system registered person has been compromised or if the possibility exists that a terminal of a system registered person such as a personal computer or mobile phone might be used by a third party, the system registered person is responsible for immediately notifying the Foundation and observing the instructions that the Foundation may issue.

Article 10. System changes, etc.

  1. The Foundation can supplement, change, suspend, and terminate the system at any time for any reason due to the circumstances of the Foundation.
  2. The Foundation does not warrant that the system will not be suspended, terminated, or sustain other failure.

Article 11. Donations

For making donations using the system in accordance with the methods prescribed by the Foundation, system registered persons must observe the donation rules stipulated separately by the Foundation.

Article 12. Warranties

System registered persons who post charity sheet contents and other information using the system warrant to the Foundation that the posted information does not infringe on a right of a third party. In the event that a dispute with a third party arises, the system registered person who has posted the information is responsible for resolving the matter and covering the cost without causing annoyance or loss to the Foundation.

Article 13. Conditions for licensing

  1. User license granted by the Foundation to system registered persons
    1. (1) System registered persons can use the system only within the scope prescribed by the Foundation.
    2. (2) The rights to all contents provided by the Foundation in the system are owned by the Foundation (in part by recipient programs as contribution recipients to be) and are not licensed to system registered persons for the implementation or use of patent rights, utility model rights, design rights, trademark rights, copyrights, viable know-how, and other intellectual property rights (hereinafter simply referred to as "Intellectual property rights, etc.") owned by the Foundation and by individual recipient programs.
    3. (3) System registered persons are not permitted to copy, transmit, transfer, loan, translate, adapt, or otherwise utilize the system's content in any way.
    4. (4) System registered persons are not permitted to engage in sub-licensing in connection with the system.
    5. (5) The use of the system is non-exclusive.
    6. (6) Without limiting the generality of the previous paragraph, if a person loses the qualification as a system registered person, the right to use the system also lapses.
    7. (7) The Foundation can at any time change the term of the license for use of the system.
  2. User license granted by system registered persons to the Foundation
    1. (1) The copyright to charity sheet contents and other information posted using the system belongs to the system registered person who created it.
    2. (2) Within the scope necessary for the ready provision of the system, advertising of the system, advertising related to third-party products or systems in connection with the system, as well as for creating, improving, and maintaining Foundation systems, the Foundation can use or grant user license to charity sheet contents and other information posted by system registered persons.
    3. (3) When using charity sheet contents and other information in the forms described above, the Foundation can partially omit information and can omit the display of personal names.

Article 14. Rights of the Foundation to view and delete, etc., information

  1. The Foundation can view, save, and disclose charity sheet contents and other information to third parties. However, the Foundation is under no duty to do any of the above and is not responsible for damages arising as a consequence.
  2. Irrespective of whether or not charity sheet contents and other information is illegal or in contractual breach, the Foundation can in any event take measures such as the complete or partial deletion, etc., of charity sheet contents and other information at the complete discretion of the Foundation. However, the Foundation is under no duty to do any of the above and is not responsible for damages arising as a consequence.

Article 15. Prohibitions

In using the system, Users are not permitted to either engage in or abet attempts at any of the acts listed below unless separately permitted by the Foundation.

  1. Using system internal communication functions to engage in or prepare real-life money based commercial transactions between Users.
  2. Acts in breach of warnings on display on the site.
  3. Acts of infringing, or potentially infringing, of intellectual property rights, etc., of the Foundation or another person.
  4. Acts of infringing, or potentially infringing, on property, privacy, or likeness rights of the Foundation or another person.
  5. Acts of unjustly discriminating against or slandering the Foundation or another person or acts of abetting unjust discrimination against another person or acts of damaging the reputation or the standing of another person.
  6. Acts, irrespective of the method, of harassing the Foundation or another person.
  7. In using the system, acts of for falsely identifying as a different person, falsely laying claim to rights as a representative and agent, or falsely representing an affiliation or cooperative relationship with another person or organization.
  8. Acts that connect, or potentially connect, to crimes such as fraud, abuse of controlled drugs, child prostitution, or unlawful trading in deposit savings accounts and mobile phones.
  9. Acts, based on personal beliefs or preferences, etc., of soliciting or coercing membership in and support for a political party, religious organization, or other group.
  10. Any of the following acts related to information constituting obscenity, child pornography, or child abuse (in the remainder of this item referred to as "Barred content").
    1. (1) Acts of posting or displaying barred content.
    2. (2) Acts of selling media containing an aggregation of barred content.
    3. (3) Acts of posting or displaying advertisement suggestive of transmission, display, or sales of media containing an aggregation of barred content.
  11. Acts of use of the system for the principal purpose of solicitation for casual sex or dating.
  12. Acts of organizing illegal gaming and gambling or soliciting participation in illegal gaming and gambling.
  13. Acts of undertaking, intermediating, or enticing illegal acts (such as the transfer of handguns etc., manufacture of explosives, provision of child pornography, forgery of public documents, murder, intimidation, etc.).
  14. Act to induce or solicit others to suicide.
  15. Acts of posting charity sheet contents and other information of the following contents using an in-site communication function or transmitting it to another system registered person.
    1. (1) Charity sheet contents and other information whose purpose is commercial advertising, promotion, or solicitation.
    2. (2) Charity sheet contents and other information that contains a link to an affiliate.
    3. (3) Charity sheet contents and other information soliciting others for pyramid schemes, chain mail, MLM, or paid to read email.
    4. (4) Charity sheet contents and other information that includes an account number of a financial institutions, etc.
    5. (5) Charity sheet contents and other information (including the act of setting only a link) guiding to sites that the Foundation deems inappropriate such as adult sites, one-click fraudulent sites, and sites designed to disseminate harmful computer programs such as computer viruses, etc.
    6. (6) Charity sheet contents and other information containing grotesque imagery which in the judgment of the Foundation is highly likely to be found objectionable by other Users.
    7. (7) Other charity sheet contents and other information judged inappropriate by the Foundation.
  16. Acts of spamming as follows using a system internal communication function.
    1. (1) "Spam posting / spam mail" - Acts where the same sentence or similar sentences are posted or transmitted by email by one or several system registered persons.
    2. (2) "Spam word" - Acts where strings of words unrelated or scarcely related to an ongoing discussion or excessively long sentences or large quantities of words are posted by one or several system registered persons.
    3. (3) "Spam URL" - Acts where the same URL is posted or transmitted by email by one or several system registered persons.
    4. (4) Other acts that the Foundation judges to be spam.
  17. Acts of using the system, in cases where restrictions were established by the Foundation, in disregard of age restrictions imposed on system registered persons with regard to functions and tools.
  18. Acts of modifying or deleting without authorization any information aggregated in facilities of the Foundation.
  19. Acts of sending or posting harmful computer programs such as viruses.
  20. Acts of burdening a server of the Foundation or of another person or acts of obstructing the system's operations, network, and systems, or acts with potential for any of the above.
  21. Acts of setting a link intended to abet an act that is known to correspond to an act described in a foregoing item.
  22. Acts which the Foundation judges to contravene public order and morals, or these Terms, or other terms of use, etc., or to infringe on a right of another person.
  23. Acts of posting information that enables identifying an individual person.
  24. Acts of falsely identifying as system management.
  25. Acts of reprinting support mail or personal communication from system management.
  26. Other acts judged inappropriate by the Foundation.

Article 16. Treatment of acts in breach of these Terms or other terms of use, etc.

  1. In case a User is found to have acted in breach of these Terms or other terms of use, etc., and in other cases where considered necessary by the Foundation, the Foundation can take the following actions against that User. However, the Foundation is under no duty to do any of the following and is not responsible for disadvantages or damages arising as a consequence.
    1. (1) Request to cease acting in breach of these Terms or other terms of use, etc., and request to refrain from repeating acts of the same kind.
    2. (2) Request to voluntarily delete or correct charity sheet contents and other information.
    3. (3) Delete part or all of charity sheet contents and other information, change the scope open to public viewing, or change the status to non-viewable (private).
    4. (4) If the matter potentially falls under criminal, administrative, or corresponding cases, disclose the breach in and outside of the system, including notice to the police and other public institutions.
    5. (5) Temporarily suspend usage.
    6. (6) Impose compulsory registration cancellation.
    7. (7) Deny a registration applicant's registration application.
  2. A User has no recourse to filing objection against measures imposed by the Foundation based on these Terms against acts in breach of these Terms or other terms of use, etc.
  3. If the Foundation has sustained damages due to a User, the Foundation can claim compensation for damages irrespective of whether or not the Foundation has imposed measures pursuant to paragraph 2.
  4. The Foundation is not responsible for consequences that arise from an act in breach of these Terms or other terms of use, etc.

Article 17. Disclaimer

  1. System registered persons use the system at their own responsibility. The Foundation is not responsible for actions performed using the system and the consequences of such actions.
  2. The Foundation is not responsible for any damages arising from or in connection with any of the following factors.
    1. (1) That a system registered person has used the system or was unable to use the system.
    2. (2) That a system registered person had to incur expenses for conducting a trade, obtaining information, or substituting services through the system.
    3. (3) That communication received or sent by a system registered person and data of a system registered person was accessed without authorization or tampered with.
    4. (4) That a third party sent or received communication or otherwise acted within the site.
    5. (5) Other matters related to the system.
  3. With regard to projects introduced on the system as recipient programs, the Foundation is not responsible for the legitimacy, morality, reliability, accuracy, and other matters concerning information provided by the Foundation such as project outlines, etc., business content, and operating methods of the subject organizations. Any and all cases where a User sustains damages in connection with a subject project or where a dispute arises between a User and a subject project or some other third party must be resolved between the subject project and the User.
  4. The responsibility for charity sheet contents and other information posted by a system registered person using the systems rests with that system registered person. The Foundation is not responsible for the legality, morality, reliability, accuracy, and any other properties of charity sheet contents and other information posted by a system registered person using the system.
  5. If a system registered person has slandered another person, infringed upon the privacy of another person, disclosed personal information of a third party without authorization, committed an act in breach of the Copyright Act (Law No. 48 of 1970), or otherwise infringed upon a right of another person, that system registered person is responsible for resolving the matter and covering the cost. The Foundation accepts no responsibility for any of the above.
  6. System registered persons acknowledge that the Foundation has no obligation to save charity sheet contents and other information posted by system registered persons using the system. System registered persons undertake to appropriately back up necessary charity sheet contents and other information.
  7. A system registered person using the system in a foreign jurisdiction is responsible for observing the regulations of the country or region where the use of the system occurs. The Foundation is not responsible for a breach of a regulation by a system registered person.
  8. The Foundation is not responsible for dispute and other issues arising as a result of a User's communication, activities, or transactions between system registered persons. Dispute arising between Users must be resolved by and between the subject Users.
  9. The Foundation is not responsible for any supplementation, change, interruption, or termination of the system for any reason. The Foundation is not responsible for any kind of disadvantage and damages that might arise to a User as a consequence and provides no compensation in connection with the data, etc., of the system.
  10. In the event that the Foundation determines that there are substantial reasons to believe that acts in breach of these Terms or other terms of use, etc., as stipulated separately in these Terms, have been committed, or may have been committed, the Foundation can with respect to the system registered person who has committed the act impose compulsory registration cancellation, delete in part or in total charity sheet contents and other information, or change, etc., the scope open to public viewing. The Foundation is not responsible for any damages that arise from any of the above measures.
  11. The Foundation is not responsible if a system registered person uses a system internal communication function to give a notice in order to congregate a meeting of system registered persons in actuality outside of the site or for widely soliciting participants for such a meeting.

Article 18. Validity of these Terms and other terms of use, etc.

  1. If part of the provisions of these Terms and other terms of use, etc., is judged invalid based on laws and regulations, all other provisions of these Terms and other terms of use remain valid.
  2. If part of the provisions of these Terms, etc., is in relation to a specific User invalidated or rescinded, the Terms of Use, etc., remain valid in relation to all other Users.

Article 19. Governing law and court of jurisdiction

  1. These Terms are governed by the laws of Japan.
  2. It is agreed between the Foundation and a User that if litigation becomes necessary between the Foundation and the User, the Tokyo District Court is the court of exclusive jurisdiction in the first instance.

Supplementary provisions
These Terms are enforced beginning October 1, 2012.