Article 2 (Definitions of Terms) The definitions of terms used in the Terms are as follows:
An individual who wishes to become a Member of the Service.
Membership Registration Information
Information entered by a Membership Applicant into the registration form designated by the Company at the time of the membership registration and on the profile screen.
A person who applied to use the Service and acquired a Fisdom account.
A general term for a Member's personal information acquired by the Company, including: - Member Registration Information;- Posted Information; -Aggregated Information (i.e. the information aggregated from Membership Registration Information and Posted Information); and - Action History (i.e. the information automatically collected as the user uses the Service).
A general term for an online course provided by the Service or the classes provided at a university or other educational institution.
The corporation or individual who is the entity providing a Course.
Course application by a Member requesting to attend the Course.
A Member who has completed Course registration for a specific Course.
The message board provided by the Service as an area for postings by Course Participants and Course Providers.
Information composing a course, including all the textbooks, images, and videos provided by the Service, statements in Posted Information from a Member or Course Participant, and other information.
Information including postings to the Discussion Board, responses and comments to an assignment, scores of and comments on peer scoring, and submissions from Course Participants in Courses.
The site stipulated by the Company to provide the Service to the Members.
The right of a Member to use the Service. The account is assigned to the Member's e-mail address.
Article 3 (Change of Terms, etc.) 1. The Company may change, should the need arise, the following respective matters with notice given to the Members: (1) the terms of the Terms (2) URL of This Site 2. Changes to the Terms shall take effect at the completion of notice to the Members through publication on This Site. 3. The Members who use the Service after the completion of notice set forth in Article 3.1 shall be deemed to have agreed to all of the changes in the Terms. 4. The latest terms of the Terms shall always be published on This Site.
Article 4 (Provided Service) 1. The Service is a digital learning platform service where the Members can attend various lectures via the Internet. 2. Through the Service, the Members are able to not only view and browse Course Content but also receive learning services, such as by participating in discussions and answering assignments, of the registered courses. 3. The Course Providers are the entities in charge of the Courses provided by the Service.
Article 5 (Membership Registration) 1. Membership Applicants shall proceed with the membership registration procedure on the "Create your new account" screen. However, the Membership Applicants shall have to understand the Terms and agree to the Terms, and they shall also provide the Company with correct information at the time of application. 2. Membership Applicants themselves shall personally submit their applications. 3. An application can be made in person by a Membership Applicant who is any of the following: a minor, an adult ward, a person under curatorship, or a person under assistance (hereinafter collectively, a "Person with Limited Capacity"); provided, however, that the Membership Applicant is required to obtain the prior consent of the legal representative, guardian, curator, or assistant. 4. Once the Company verifies and accepts the contents of an application from a Membership Applicant, the Membership Applicant becomes a Member and can use the Service. The message "Your new account has been registered.", considered to be notification of the acceptance to the membership applicant, appears on the screen displayed through e-mail authentication at the completion of account registration. 5. The Company may revoke the acceptance of a Membership Application from a Membership Applicant without the obligation to disclose the particulars of such decisions by the Company to the said Membership Applicant, if: (1) the Membership Applicant is already a Member; (2) the Membership Applicant breached the obligations under the Terms in the past; (3) the membership application contains a false statement, erroneous entry, or omitted entry within the declared items; (4) the Membership Applicant is any Person with Limited Capacity who has applied for use without obtaining the consent of a legal representative, guardian, curator, or assistant; or (5) The Company finds the Membership Applicant to be inappropriate to be a Member for any other reason.
Article 6 (Change of Information Provided by the Members) 1. If the contents of information provided by a Member to the Company or a Business Partner have changed, such Member shall report the change to the Company or Business Partner immediately. 2. If the Member fails to report the change set forth in Article 6, Clause 1, the Company or Business Partner may suspend provision of the Service to such Member. 3. After the Member has reported the change set forth in Article 6, Clause 1, if the Company requests the Member to submit documents, etc. certifying the changed contents, such Member shall respond to such request immediately.
Article 7 (Management of the Account and Password) 1. Login to the Service needs the e-mail address (hereinafter the "E-mail Address"), which has been registered as an account, and password (hereinafter the "Password") of the Member to receive the Service. The account and Password may only be used by the Member. 2. The Member shall: (a) strictly manage its own account and Password on its own responsibility to keep them secret and prevent their loss; and (b) not disclose them to a third party. The Member shall be responsible for all actions and results brought about with such Member's account and Password to the Service, regardless of whether the Member took the actions or was negligent. 3. If a Member saves its account or Password on information equipment and such information equipment is lost or stolen, such Member shall change its account and Password immediately to prevent a third party from using them. 4. The Company, Business Partners, and Course Providers assume no responsibility for damages due to the use of the E-mail Address and Password together with the Service for any illegal purpose. 5. Once a Member becomes aware that the E-mail Address or Password has been stolen or used by a third party, such Member shall report it to the Company immediately and comply with any instructions given by the Company to such Member.
Article 8 (Prohibited Transfer, etc.) The Member shall not transfer, sell, or sublicense the right granted to such Member hereunder, nor change the name of such Member. Only the Member may use the information and copyrighted works provided by the Company, Business Partners, and Course Providers to the Member in the course of the provision of the Service. The Member shall not make any of the said information and copyrighted works accessible to a third party without the prior written consent of the Company, Business Partner, or Course Provider.
Article 9 (Equipment, etc.) 1. The Member shall prepare its own devices, software, and any other equipment necessary in connection with such devices and software (hereinafter collectively, the "Member's Equipment") that are necessary for such Member to use the Service, at its own expense and responsibility. The Member shall also connect with the Service through the Internet at its own expense and responsibility. 2. While using the Service, the Member shall take security measures (such as protection against computer virus infection, unauthorized access, loss or damage of information equipment, or divulgence of information) appropriate to the Member's Equipment at its own expense and responsibility. 3. The Company shall not have any duty to ensure the compatibility of the Member's Equipment with the Service, including the duty to modify, change, or add to the equipment, system, and/or software, etc. that are managed by the Company or managed by a third party on behalf of the Company, nor shall the Company have any duty to make changes, etc. in how the Service is provided.
Article 10 (Membership Cancellation) 1. If the Member wishes to cancel its membership, he or she shall personally perform the membership cancellation procedure by sending an e-mail to the administration office from the Inquiry function. 2. If the Member who wishes to cancel its membership owes any amount of money in connection with the Service, such Member shall pay the full amount owed by the date of membership cancelation. 3. The amount of money owed as described in Article 10, Clause 2 remains outstanding until paid, even after the membership is canceled. 4. The Member who wishes to cancel its membership agrees that, even after the membership is canceled, the Company and third parties can use its User Information acquired by the Company as the Members used the Service, in accordance with the Terms and within the scope of the purpose of use in Article 19 (User Information).
Article 11 (Participation in the Course) 1. The Member can register for a Course while the Course is open for Course registration, by clicking the "Attend a Course" button. 2. By registering for a Course as described in Article 11, Clause 1, the Member shall be deemed to agree to the Company providing all or part of the Member's User Information to the Course Provider within the scope of the purpose of use in Article 19 (User Information). 3. While already attending a course, the Member may suspend studies in the Course by canceling participation in the Course. After suspending studies in the Course, the Member may resume participation in the Course by registering for the Course again. 4. Even the Members who have suspended studies in a course shall be deemed to agree to the Company and the Course Provider using their user information within the scope of the purpose of use in Article 19 (User Information). 5. The Course Providers shall bear responsibility for the contents of their Courses. The Company assumes no responsibility for the said contents.
Article 12 (Suspension and Changes of the Course) The Member shall agree in advance that the Company and Course Providers may suspend or change the provision of all or part of any Courses that are being held, in the Course registration period, or being prepared.
Article 13 (Scope of Use of the Course Content) 1. The Member can use the Course Content only within the scope of private use. 2. The Member can neither use the Course Content beyond the scope of private use, such as allowing an unspecified large number of people to view and browse the Course Content, nor for profit without the prior written consent of the Company and Course Providers. 3. The Member cannot transfer, duplicate, rent, or publicly transmit Course Content, or otherwise use it in ways not permitted by the Company or Course Providers, and cannot allow third parties to do so.
Article 14 (Responsibility for Posted Information) 1. The Member shall be responsible for its Posted Information. 2. The Member acknowledges that: (a) the Company has no duty to save Posted Information, and (b) the back up of any necessary Posted Information shall be done by the Member on its own responsibility. 3. The Member shall, at its own expense and responsibility, settle any inquiry, claim, etc. reported by a third party about the use of the Service when such Member's Posted Information is defamatory, infringes a person's right to privacy, discloses a third party's personal information without permission, violates the Copyright Act (Act No. 48, 1970), or infringes the rights of others, etc. 4. The Company may delete the Posted Information that provides information that may infringe the rights of the others, such as defamation or copyright infringement, and if: - (i) a third party requests the Company to delete such Posted Information and proves that such Posted Information clearly infringes such third party's rights, or - (ii) the Company determines that the Posted Information is inappropriate.
Article 15 (Prohibitions) The Member shall not take the following actions in the course of the usage of the Service. If the Member takes such actions, the Company may suspend its use of the Service, cancel its membership, delete all or part of its information, change the disclosure range, or take other measures. 1. Act of unauthorized use of the account and Password. 2. Act of using or providing a malicious program such as a computer virus through the Service or in association with the Service. 3. Act of modifying all or part of content and creating a derivative product based on the content. 4. One of the spamming actions listed below: - Act of consecutively posting the same or similar text to places where posting is allowed inside the Service. - Act of posting extremely long texts, a large number of phrases, or a list of multiple phrases with little relevance or no relevance at all to a place where posting is allowed inside the Service. - Act of consecutively posting the same URL to places where posting is allowed inside the Service. 5. Act of infringing (or possibly infringing) the trademark or other intellectual property rights of the Company, a Business Partner, or a Course Provider. 6. Act of duplicating, selling, publishing, or otherwise using the data, information, text, software, etc. obtained through the Service, beyond the scope of private use authorized by the Copyright Act. 7. Act of infringing (or possibly infringing) the asset, privacy, or portrait rights of a third party. 8. Act of discrimination or mental abuse against a third party, or act of defamation harming a third party's reputation or trustworthiness. 9. Criminal act, or act that is or may be associated with a criminal act. 10. Behavior relating to sexual morals, religion, or politics. 11. Act that is or is likely to be associated with fraud, abuse of a controlled substance, the child-sex trade, illegal transactions with bank accounts and cellular phones, or other crimes. 12. Act of sending or posting images, documents, etc. equivalent to obscenity, child pornography, or child abuse, act of selling media with the aforementioned materials recorded, or act of displaying or sending an advertisement invoking the sending, posting, or selling of the said materials. 13. Act that violates the laws regulating the acts of stalking, etc. 14. Act of setting up or soliciting someone to join a pyramid scheme (Ponzi scheme). 15. Act of joining, or soliciting a third party to join, an illegal gambling operation. 16. Act of directly and explicitly undertaking or mediating an illegal act (handing over a handgun or the like, providing child pornography, forging an official document, committing murder, issuing a threat, etc.) or inducing a third party to act illegally (including requesting another person to do so). 17. Act of posting the following information, or act of sending that information to an unspecified large number of people: - Cruel information such as the scene of a person's murder, - Images of animal abuse or similar information, or - Information instilling feelings of disgust or hatred based on some social norm. 18. Act of inducing or inviting a third party to commit suicide. 19. Act that violates the service provider restrictions based on the Act on Regulation on Soliciting Children by Using Opposite Sex Introducing Service on Internet, or act that violates the prohibition against unauthorized solicitation activities using the service described therein. 20. Act of pre-election campaigning, election campaigning, or similar campaigning, or act that contravenes the Public Offices Election Act. 21. Act of sending unauthorized e-mail for publicity, advertisement, solicitation, etc. to the Company or a third party, act of sending e-mail that instills (or may instill) feelings of disgust or hatred (hate e-mail), act of preventing someone from receiving e-mail, act of requesting a series of e-mail transfers, or act of transferring e-mail according to the said request. 22. Act of repeatedly connecting to a computer owned by a third party many times in order to make it difficult to use the computer. 23. Act of collecting a third party's personal information without obtaining the prior consent of such third party or by fraudulent means. 24. Act of falsifying or erasing information available in the Service without the proper authority. 25. Act of using the Service by pretending to be a third party. 26. Act of gaining unauthorized access to a third party's equipment, an electrical communication line for network service, electronic communication equipment for network service, an access line, or an access point, or act of obstructing or possibly obstructing the use or management of the above-described equipment. 27. Act of sending or posting a malicious computer program, etc. or making it possible for a third party to receive it. 28. Act of neglecting to carry out a required procedure in accordance with the law, such as reporting to regulatory authorities or acquiring permission/approval, or act that violates the law. 29. Aside from the respective acts described above: - Act that violates the law, the Terms, or public order and morals (prostitution, violence, cruelty, etc.), - Act of interfering with the administration of the Service, - Act of harming the Company's trustworthiness, or infringement upon its property, or - Act that disadvantages the Company. 30. Act of putting a link to data that shows any of the respective acts described above (including cases where a third party carries out that act). 31. Act of promoting any of the respective acts described above. 32. Act of making it possible for a third party to carry out any of the acts described above, or knowingly letting a third party to carry out the said act without taking appropriate measures. 33. Any other act that the Company considers inappropriate.
Article 16 (Suspension of Use of Service by a Member and Membership Cancellation) 1. The Company may, immediately without giving a prior notice to the Member, cancel the membership or suspend the use of the Service, if: (1) the Member is found to be violating the Terms or have violated the Terms in the past; (2) the Member is found to have not obtained the consent of a legal representative, guardian, curator, or assistant as set forth in Article 5, Clause 3; (3) the Member has delayed payment for the Service or failed to pay the amount owed; (4) the contents of the Membership Registration Information are found to contain a false statement, erroneous entry, or omission; (5) the Company determines that the Member interfered with the administration of the Service by some means; (6) the Member commits any of the acts stipulated in Article 13 (Use Scope of Course Content), Clauses 2 and 3, and Article 15 (Prohibitions); or (7) the Company determines that the Member is an inappropriate person to be a Member. 2. The Company shall not be held liable for any damage caused by a Member who cannot use the Service because of a measure described in Article 16, Clause 1.
Article 17 (Interruption of the Service) 1. If any of the following situations arises, the Company may temporarily interrupt the Service without notifying the Member beforehand. However, if the Company can forecast the situation beforehand, the Company shall try to notify the Member in advance through means such as posting on This Site or sending an e-mail to the Member's registered E-mail Address. (1) The Company is carrying out construction, maintenance, etc. for the equipment (including the equipment of telecommunications carriers or Internet service providers) necessary to provide the Service. (2) A failure occurs on the equipment (including the equipment of telecommunications carriers or Internet service providers) necessary to provide the Service. (3) The Company can no longer provide the Service because a fire, power outage, natural disaster (earthquake, eruption, flood, tsunami, etc.), or other emergency occurred. (4) The Company can no longer provide the Service because of war, insurgency, riot, public violence, labor dispute, etc. (5) The Company decides that the Service needs to be temporarily interrupted for an operational or technical reason. (6) Any other reasonable cause preventing provision of the Service occurs. 2. Even if any of the respective causes in the preceding clause or other reason delays or interrupts the provision of the Service, the Company, Business Partners, and Course Providers shall not be held liable for any damage caused thereby to a Member or a third party.
Article 18 (Changes and Suspension of the Service) 1. The Member agrees that the Company may change, add, or suspend all or part of the Service without giving a prior notice to the Member. 2. The Company, Business Partners, and Course Providers shall not be held liable for any damage incurred by the Member or a third party due to the events set forth in Article 17.
Article 19 (User Information) The Company shall handle the User Information acquired through the use of the Service by the Members, in accordance with Article 11, Clause 2 and the following provisions: 1. User Information to be Acquired The Company acquires the following types of User Information in the course of the Service. (1) Membership Registration Information In order to use the Service, the Member enters this registration information in the registration form designated by the Company and profile settings. The following information is registered: - E-mail Address - Password - User name (corresponds to the nickname or usual name used in the Service) - Name (information displayed on the certificate) The following information registered by the Members is used as statistical information that is not personally identifiable: - Educational background - Occupation - Gender - Birth year (Western calendar) (2) Posted Information (Information Registered by Users while Attending a Course) The information includes postings to the Discussion Board, responses to an assignment, scores and comments from cross evaluation, and submissions from participants in courses. (3) Aggregated Information (Information Aggregated from Member Registration Information and Posted Information) This statistical information is aggregated from member registration information and Posted Information. The main information is as follows: - Progress of Course participation, and - Score information from Course participation (4) Action History on This Site For the purpose of statistical processing, this information is automatically collected when the Members use the Service. The main information is as follows: - Access logs of the website or their equivalent (accessed URLs, reference order or reference time of course content or the like, information generated or accumulated on information terminals, etc.), and - Viewing history of the videos included in courses 2. Purpose of Use The Company uses the acquired User Information for the following purposes: - Provision of the Service and proper administration of courses provided by the Service - Communicating with the Members on matters incidentally related to the provision of the Service - Support for participants and response to inquiries - Administration of actual classes related to the courses attended by participants - Providing information related to the Service and recommendations for other courses provided by the Service - Sending brochures on seminars and events related to the courses attended by participants - Conducting questionnaires to improve the quality, etc. of the Service - Improvement of courses based on statistical information 3. Provision to Third Parties The Company may provide the acquired user information to course providers as follows. (1) User Information to be Provided Membership Registration Information (except the E-mail Address and name), Posted Information, aggregated information, and action history described in Article 19, Clause 1 above (2) Scope of Provision to Third Parties The scope is the Course Providers of the Courses attended by the Members. The Company provides the User Information by e-mail, etc. to the Course Providers contractually obligated to properly manage the User Information. (3) Purpose of Use of Provided User Information The purpose is the same as the purpose of use described in Article 19, Clause 2 above. 4. Provision to Subcontractors The Company may assign all or part of its business to subcontractors and provide the User Information to the subcontractors within the necessary scope. 5. Inquiry Regarding Personal Information For details on personal information disclosure, correction, deletion, discontinued use, etc., please contact us at the following: [Contact] Solutions Promotion Dept., Educational Business Promotion Division, Fujitsu Limited Shiodome City Center 5-2 Higashi-Shimbashi 1-chome, Minato-ku, Tokyo 105-7123, Japan firstname.lastname@example.org +81-3-6252-2565
Article 20 (Disclaimer) 1. The Company, Business Partners, and course providers do not guarantee and are not responsible for the completeness, accuracy, reliability, usefulness, value, fitness for a particular purpose, fairness, non-infringement of third-party rights, etc. with respect to the contents of the Service and the information, etc. that the Members can acquire through the Service. 2. The Company, Business Partners, and Course Providers assume no responsibility for damages to a Member (including damages caused by trouble with a third party) or a third party as result of the use or unavailability of the Service and are under no obligation to give compensation. 3. If a Member uses the Service in a way that damages the Company or a third party or causes a dispute with a third party, the Member shall compensate for the damage or resolve the dispute at its own expense and responsibility so that the Company, Business Partners, and course providers incur no damage. 4. If any data or the like accumulated on the Company's servers or other equipment is lost when a Member uses the Service, etc., or if a third party falsifies the data or the like, the Company shall use its efforts to restore the data or the like to the extent technically possible and reasonable as determined by the Company. By using such efforts for restoration, the Company shall be held harmless against claims from the Member or third party for damages pertaining to the loss, falsification, etc.
Article 21 (Compensation of Damage) 1. If a Member uses the Service in a way that damages the Company, a Business Partner, or a Course Provider (including cases where the Company, a Business Partner, or a third party incurs damage because the Member violate the Terms), the Member shall compensate the Company, Business Partner, or Course Provider for the damage at its own expense (including court costs and legal fees) and responsibility. 2. If the Company or its partner in a business tie-up is liable for compensating a Member for damages according to the Terms, the Company assumes no responsibility for compensating for both the damages due to reasons not attributable to the Company and the damages and lost profits arising from special circumstances that the Company may or may not have foreseen. 3. If a Member suffers damage due to the use or unavailability of the Service, as provided by the Company, and the damage is attributable to the willful or gross negligence of the Company, the provisions in this Article shall not apply.
Article 22 (Intellectual Property Rights) 1. The copyrights and other intellectual property rights to all the textbooks, graphics, images, videos, music, sounds, logos, button icons, statements, items, resources, software, and any other copyrighted works associated with the Service belong to the Company, Course Providers, or other third parties authoring the works. The Member cannot use these works beyond the extent permitted by the Terms or by law, such as regulations on personal use in the Copyright Act. 2. All trademarks, service marks, logos, names of service functions, etc. relating to the Service are trademarks or registered trademarks of the Company, Course Providers, or third parties. The Member cannot use any of them without permission. 3. The copyrights to the Member's Posted Information belong to the Members. However, the Members shall grant the following rights globally without cost and claim for consideration to the Company, Business Partners, and course providers: - Right to duplicate Posted Information - Right to publicly transmit Posted Information - Right to edit Posted Information - Right to change Posted Information - Right to adapt and translate Posted Information - Right to use Posted Information for other purposes The rights shall be granted within the necessary scope, such as business operations including provision of the Service. The grant of the rights shall remain in force even after membership is canceled. 4. The Member shall not exercise the author's moral rights to Posted Information against the Company, Business Partners, and Course Providers.
Article 23 (Dispute Resolution) 1. If a Service-related dispute arises among the Member, the Company, a Business Partner, and a Course Provider, the parties shall sincerely consult with each other to settle the dispute amicably. 2. The Tokyo District Court shall be the court of first instance and have exclusive jurisdiction with respect to lawsuits concerning the Terms or the Service.
Article 24 (Language) The governing language of the Terms shall be Japanese. If a translation hereof in another language is made for reference purposes, only the Japanese original shall have legal effect on the Terms and the translation in another language shall have no effect.
Article 25 (Governing Law) The Terms shall be governed by and construed in accordance with the laws of Japan.
Article 26 (General Provisions) 1. The Company, Business Partners, and Course Providers shall not waive any rights arising from the Terms unless the Company or Course Providers explicitly notify the Member of the waiver of the rights. 2. If any provision in the Terms is determined as unlawful, invalid, or unenforceable, all provisions other than that in the relevant clause shall remain in force and be enforceable.
Effective as of: February 29, 2016
March 24, 2016
March 24, 2016
Added "Occupation" to Article 19, Clause 1(1) (Member Registration Information).