Article 1 (Scope of Application)

These terms and conditions apply to the use of video, audio, images, text, etc. (hereinafter referred to as "Content") provided by Media Japan Co. (hereinafter referred to as "the Company") through the Online Dojo GEN and other websites or applications (hereinafter collectively referred to as the "Service").

Article 2. (Service Usage)

• The Service may be used only by those who comply with these Terms of Use and applicable laws and regulations. Persons who use or intend to use the Service (hereinafter referred to as "Users") shall not use the Service without the prior consent of the Company. Users shall be deemed to have confirmed and agreed to abide by the provisions of these Terms of Use with respect to the rights and obligations of the Company and the User with respect to the Service.
• The Service shall be used by individuals and use by corporations or other groups shall require a separate application and permission from the Company.
• The User may become a paid or free member of the Service (hereinafter collectively referred to as "Member"). 3 Users may become paid or free members of the Service (hereinafter collectively referred to as "Members") or use the Service without becoming a Member. Depending on whether you are a paid member, free member, or non-member, the scope of the Service, such as the contents that can be viewed, will differ.

Article 3 (Service Usage Fees)

The user shall bear the costs of purchasing, installing, and maintaining the terminal, Internet connection fees, and other communication costs necessary for the use of Service.

Article 4 (Membership Registration)

• A user who wishes to become a member shall apply for membership registration by providing the necessary information in a method designated by the Company.
• Upon receipt of the application in the preceding paragraph, the Company shall register the user as a member. However, if the Company determines that it is inappropriate to allow the use of the Service due to reasons such as falsehoods or misrepresentations in the content of the application for registration, the fact that the User has been subject to measures such as suspension of all or part of the Service or revocation of membership registration in the past, or other reasons that may harm the interests of the Company or other users, etc., the Company will not accept the User as a member. This does not apply to cases where the Company judges that it is not appropriate to allow the use of the Service for reasons such as revocation of registration or other measures that may harm the interests of the Company or other users.
• In the event that the Company deems that a member falls under any of the following items, the Company may temporarily or permanently restrict the use from part or all of the Services, or cancel the member's registration, without prior notice or demand.
  • When a member has violated this Agreement.
  • When it is found that there is a false or untrue statement in the application for registration.
  • In the case of death, or in the case of commencement of guardianship, assistance.
  • When it is found that the use of the Service has been suspended or the membership registration has been revoked in the past.
  • In addition to the above items, if the Company deems it appropriate to restrict the use of the Service or cancel the membership registration.

Article 5 (Fees for paid members)

• Free members and non-members shall not be charged for the Service.
• Paid members shall pay the usage fee separately determined by the Company by the method designated by the Company.
• The Company reserves the right to change the usage fees in the preceding paragraph. In this case, the Company shall set a reasonable period of time in advance on the Service to make the changed usage fee and the effective date of the change in usage fee available to members, and the change in usage fee shall take effect when the effective date arrives.

Article 6 (Terms of use and cancellation of paid membership)

• The terms of use for paid members shall be monthly based on the calendar month and shall be automatically renewed every month unless cancelled in accordance with this agreement.
• A paid member may request cancellation of paid membership in a manner specified by the Company, and the paid membership registration shall be cancelled on the date the request is received by the Company.
• If the usage period is less than one month, or if the cancellation date is in the middle of a month, the usage period for the month in which the cancellation date falls shall be deemed to be one month, and one month's usage fee shall be charged for that month.
• A user who cancels the paid membership registration will be registered as a free member.
• In the event that the user fails to pay the usage fee stipulated in Paragraph 1 of the preceding article, the Company may cancel the paid membership registration of said user upon notice with a reasonable period of time or cancel the membership registration along with it.

Article 7 (Change of Provided Contents)

The Company may change the contents provided by the Service on a regular or irregular basis and does not guarantee that it will continue to provide specific contents.

Article 8 (Form of Provision of the Service)

The Company may categorize or rank the contents of the Service in a manner that the Company deems appropriate. The Company may also categorize or rank the contents differently for each user.

Article 9 (Prohibited Matters)

• A User may not engage in any of the following acts or acts that may lead to such acts.
  • Actions that violate laws and regulations, public order and morals, or these Terms of Use.
  • Infringing the copyrights or other intellectual property rights, portrait rights, publicity rights or other moral rights, ownership rights or other property rights of the Company or any third party
  • Modify or damage the Service, or disassemble, decompile, or reverse engineer the Service.
  • Use (reprint, duplicate, modify, store, or transfer) the Contents in any way other than the means provided by the Company through the Service or beyond the scope of use permitted in the Service.
  • Unjustly discriminate or slander the Company or any third party or defame the Company or this service.
  • Use the Service for commercial purposes without obtaining the Company's approval.
  • Causing or threatening to cause trouble or damage to the Company or any third party.
  • Interfere with the operation of this service.
  • Any other actions that the Company deems inappropriate.
• In the event that the Company deems that a User has committed any of the prohibited acts set forth in the preceding paragraph, the Company may, without prior notice, suspend or restrict the use of all or part of the Service, cancel the membership registration, or take any other action deemed appropriate by the Company against the User.
• The Company shall be entitled to demand compensation for any and all damages (including reasonable attorney's fees) incurred by the Company as a result of the User's actions that fall under the prohibitions set forth in Paragraph 1.

Article 10 (Intellectual Property Rights, etc.)

All copyrights and other intellectual property rights, portrait rights, publicity rights, other ethical rights, ownership rights, and other property rights in the contents provided by the Company through the Service and in the text, images, programs, and all other information that make up the Service shall belong to the Company or a third party that has such rights. All rights reserved. Using the service or registering as a member does not transfer or create any of these rights for the user.

Article 11 (Suspension and Termination of Service)

• The Company may suspend, discontinue, or terminate the Service, in whole or in part, for any of the following reasons
  • When the Company performs maintenance or inspection of the computer system for the provision of the Service on a regular or emergency basis
  • In the event that the operation of the Service becomes impossible due to an emergency situation such as fire, power outage, natural disaster, etc.
  • In the event that the operation of the Service becomes impossible due to war, civil war, riot, disturbance, labor dispute, etc.
  • In the event that the Company is unable to provide the Service due to malfunction of computer systems used to provide the Service, unauthorized access from a third party, infection by a computer virus, etc.
  • In the event that the Company is unable to provide the Service due to measures taken in accordance with laws, ordinances, etc.
  • When the Company has notified the User in advance to a reasonable extent.
  • In any other cases where the Company deems it unavoidable.
• In the event that the Company suspends, discontinues, or terminates the operation of the Service in accordance with the preceding paragraph, the Company shall, to a reasonable extent, notify the User to that effect in advance by means such as posting on the Service or the website separately designated by the Company. However, this shall not apply in the event of an emergency.
• Even in the event that the operation of the Service is suspended, terminated, or discontinued pursuant to the provisions of Paragraph 1, the paid membership fee already paid shall not be refunded.

Article 12 (Disclaimer)

• The Company does not guarantee the legality, accuracy, appropriateness, validity, morality, or existence of rights permission of any information contained in the Service.
• The Company shall not be liable for any damage caused to the user or a third party due to the content provided in the Service, even if the content infringes on the rights of the user or a third party, or due to the content of the content, except in cases where the Company is intentionally or grossly negligent.

Article 13 (Provision of Personal Information to Third Parties)

• The Company may provide Usage Information to the Company's parent company, subsidiaries, or affiliates (hereinafter collectively referred to as "Recipients") for the purposes set forth in the following items.
  • For the purpose of providing services or selling products by the Information Provider
  • To respond to inquiries, etc. from customers or users
  • To communicate with the information provider regarding the provision of services, etc. by the information provider or to conduct business related to the succession of the relevant business.
  • To provide benefits such as coupons provided or available by the Company or information providers
  • To provide information on various campaigns and events conducted by the Company or its information providers, and to provide various information, products, services, etc. (including products, services, etc. of third parties other than the information providers) that the Company or its information providers deem appropriate or beneficial to customers.
  • To conduct research and analysis of the sales and usage status of the products and services of the Company or its information providers, to provide such research and analysis data free of charge or for a fee, to improve the operation and quality of the products and services of the Company or its information providers, to plan and develop new products and services, and to conduct questionnaire surveys and other marketing analysis. For marketing analysis
• In addition to the provisions of the preceding paragraph, the handling of personal information and other information related to users shall be in accordance with the Personal Information Protection Policy.

Article 14 (Prohibition of Transfer of Rights and Obligations)

The User shall not transfer, succeed, pledge, or otherwise dispose of any rights or obligations under this Agreement to any third party without the prior written consent of the Company.

Article 15 (Revision of the Terms)

• If any of the following items applies, the Company may revise these Terms of Use by specifying the effective date of the revision and by making the revised Terms of Use known to the public through publication of the revised Terms of Use on the Service or on the Company's separately designated website or by other appropriate means. The Company may make changes to the Terms by publishing them on the Service or the Company's separately designated website, or by other appropriate means.
  • If the content of the change is compatible with the interests of the User
  • The content of the change is not contrary to the purpose of transactions related to the Terms and is reasonable in light of the necessity of the change, the reasonableness of the content after the change, and other circumstances related to the change.
• Any changes to the Terms and Conditions pursuant to the preceding paragraph shall become effective at the time of the effective date of the preceding paragraph, and the Terms and Conditions after the changes shall apply to the User.

Article 16 (Governing Law and Court of Jurisdiction)

• This Agreement shall be governed by and construed in accordance with the laws of Japan.
• The Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance for all lawsuits and other disputes related to these Terms.

Article 17 (Consultation)

In the event that any question or problem arises between the Company and the User in relation to the Service or these Terms, the Company shall consult with the User in good faith on a case-by-case basis in order to resolve the issue.

Article 18 (GEN/HAYATE points)

• GEN/HAYATE points can be used to acquire the right to use paid contents in the service specified by the Company.
• GEN/HAYATE members can acquire the right to use the content specified by the Company by using GEN/HAYATE points by the method specified by the Company. GEN/HAYATE points can only be used within the services specified by the Company.
• GEN/HAYATE members are not allowed to lend, transfer, pledge, buy or sell the rights to use GEN/HAYATE points and contents to other GEN/HAYATE members or third parties, unless approved by the Company.
• GEN/HAYATE members cannot request refund of GEN/HAYATE points or exchange of GEN/HAYATE points for content other than the content specified by the Company, unless approved by the Company.
• If a GEN/HAYATE member loses the qualification to use the services, due to withdrawal, or for other reasons, any unused GEN/HAYATE points will become invalid.

The Media Japan Corporation (From here on forward referred to as "the company") is engaged in the business of media and cloud-based video distribution through the Online Dojo service. For the purpose of appropriately acquiring and handling all private information that are used, all employees of the company must abide by these policies.

• The company shall abide by the regulations including the laws related to privacy policies, and the policies set by the country of Japan.
• The company uses and provides the framework for the appropriate acquisition of private information, considering the content and size of the business. For this to be achieved, acquisition of private information that, is beyond the necessary for achieving a certain goal, is not allowed and for this to be realized measures must be devised.
• The company must, in the event where some or all the privacy policies are entrusted to others, devise measures for the entrusted private information to be safely managed and for this the appropriate directing of entrusted personnel is necessary.
• The company is not allowed to provide private information to third parties without an agreement from the individual and/or in events that are statutable.
• The company must devise measures to prevent and rectify the damage, loss, and leakage of private information. The company must strive to provide quick and appropriate response and counseling related to the privacy policies.
• The company must continuously improve the privacy policy management system.

Privacy Policy

• The purpose for the use of private information.
  Media Japan Co.,Ltd. (hereinafter referred to as the (company) may acquire private information on the Online Dojo (hereinafter referred to as “The Online Dojo”) for use in the following
  • To provide our services to customers, process orders and payments, and to contact customers regarding these matters.
  • The customization of content provided by The Online Dojo to customers.
  • Improving company service
  • Implementing investigations on the actual conditions of service usage of the company
  • Preventing acts that concerns dishonest use of content and illegality
  • Protecting the Company’s rights
  • Providing information related to the features and services of the company to recommend to customers
• Pertaining to the acquisition of personal information
  • Our customers (including both paid members and free members) who wish to register as a member of The Online Dojo (including both paid and free members), the Company will request the entry or input of personal information necessary for the provision of our services in the form of a written application for registration or on the web display and will acquire the information provided by the customer in response to this request.
  • The Company will acquire and use the following information from customers who have registered or wish to register as members of The Online Dojo to the extent necessary to achieve the purposes described in part (1.) above.
    • Basic information
      Name, country of residence, address, e-mail address, date of birth
    • Credit card and payment information
    • Information related to your relationship with martial arts
      Martial arts experience, years of experience, dojo affiliation
    • IT and system data, including usage of our websites and mobile applications.
      *In doing so, we may use cookies and similar technologies.
      Please refer to the "Cookie Policy" for details on how this may be implemented.
    • Content of enquiries and opinions to the Company The information contained in the communication with the customer, the content of the enquiry, request, or opinion (including the cause of the enquiry, request, or opinion and how it was resolved), etc.
• Private information procedures.
  

  For information regarding the use of personal information, disclosures of personal information, corrections of personal information, additions to or deletion of certain content, suspensions or deletions of rights of use, or any other matters relating to our disclosure agreement, please contact the following customer service center.
  Customer Service Center: customer@gen-universe.com

• With respect to the personal information of customers located in the European Economic Area and the United Kingdom, this provision shall take precedence over the "Handling of Personal Information of Customers Located in the European Economic Area and the United Kingdom" (hereinafter referred to as the "EEA Provisions"). In addition, in relation to the EEA clause, this provision may be referred to as the "Main Provision." For customers to whom the EEA Terms apply, the provisions of the EEA Terms shall apply in the event of any conflict between these Terms and the EEA Terms.

Cookie Policy

In order to use our online service as a paid or free member (hereinafter referred to as "member"), agreement to each of the following must be made. However, if for any reason access or use of the service is made without having made this agreement, it will be considered usage in agreement of the following items.

About Cookies and IP Address Information

For the purposes of achieving the following points, the company must use the access log (including the IP address) acquired from cookies and users, and users must agree to this.

• The purpose of analyzing the trends of the users is to plan and provide better service.
• For the purpose of adjusting double advertising and redundant advertising
• For the purpose of providing to third parties, when implementing action targeted advertisements that includes recommendations of appropriate broadcasting programs that match the tastes of the user’s hobbies and such.

Use of Cookies and Similar Technologies

• The user must agree that the systems that comprise our services may store and refer to cookies on the equipment being used.
• The Company uses Google analytics feature for cookies and such, and the purpose or contents of use, is shown below.
  The contents of the Google analytics feature that the company uses include, remarketing, Google display network that is related with impression and such reports, user distribution reports, interest category related reports and such
• The company uses the remarketing feature of Google analytics, through methods to combine the first party cookies and third-party cookies acquired from the advertiser and the third-party distributing license (including Google), in order to create, optimize, and distribute new advertisements on the basis of past actions of users visiting the site of the advertiser or the advertisement indicator.

Use of Cookies and Similar Technologies

The company analyzes and investigates how the agreement of the advertisement indication or advertisement service influences or uses the data of interest-based advertisements (advertisements that match the assumed interests of the user) or data of third-party users for marketing to analyze and investigate. The purpose for this analysis and investigation is mainly targeted at improving the service or advertisement service and does not target a specific individual.

Handling of personal information of customers
located in the European Economic Area and the United Kingdom

The Media Japan Corporation (hereinafter referred to as "the company") will handle the personal information of customers residing in the European Economic Area (hereinafter referred to as the "EEA"), and/or the United Kingdom, based on the EU General Data Protection Regulation 2016/679 (hereinafter referred to as "GDPR") and the UK Data Protection Act 2018 (hereinafter referred to as "DPA 2018"), and other national and international data protection and privacy legislations (collectively referred to as "data protection laws").

As the laws of the EEA and the United Kingdom are similar and customers in both regions have very similar rights, the references to GDPR in the following chapters should also be read as references to the corresponding UK law.

A guardian’s permission or consent must be obtained, if the customer is under the age of 16 years old and wants to use the Online Dojo.

In the case of another person applying, entering in information, etc. on behalf of the customer, the customers consent must be obtained.

In the event of a conflict between the provisions provided here and the content provided below, the following provisions shall prevail.

• The controller of personal information
  The customer’s personal information will be managed by the Media Japan Corporation.
  Based on the data protections laws the company protects the information collected and used by the administrator (the person who manages and decides what to do with the customers personal information) and the processor (the person who acts on the instructions of the controller).
• Legal basis for processing personal data and the type of personal data processed
  The company processes the customers personal data, as specified below, based on the legal basis set forth in the GDPR articles 6 & 7. In addition, the company processes sensitive personal data such as the customers religious beliefs and health status in accordance with the special standards set out in the GDPR articles 9 & 10.
  • To perform the contracted services offered to the customer, the company will collect and process the necessary personal data of the customer for the reasons listed below.
    - Processing purposes
    To provide our services to the customer, processing orders and payments, and to contact the customer regarding these points.
    - Types of data collected
    Customer's name, email address, country of residence, address, date of birth, credit, and payment information.
  • If necessary and the company has justifiable legitimate reasons for it, the company will collect and process the personal data from the customer for the reasons listed below.
    - Processing purposes
    To Improve the company’s services, to conduct surveys on the actual state of use of these services, to prevent illegal acts such as unauthorized use of content and to protect the company’s rights.
    - Types of data collected
    Martial arts event in which the customer participates, years of experience, and the dojo to which the customer belongs.
    Information contained in the communication with customers, contents of inquiries, requests, and opinions.
  • In case of the customers explicit prior consent
    With the explicit prior consent of the customer, the company will also collect and process the customers personal data for the following reasons.
    The customer reserves the right to withdraw their consent at any time by the methods specified when the consent was obtained. However, the legality of any processing that has taken place before withdrawal of the consent is not affected by the withdrawal.
    - Processing purpose
    To customize the content the customer uses and to provide recommendations and information to the customer about the company’s functions and services.
    - Types of data collected
    Cookies (including technologies similar to cookies such as pixels and local storage) and access logs obtained from users (including IP addresses).
• The company will not make decisions, that can have any legal effect or equally significant impact on the customer, based solely on automated data processing.
• Sources of personal data acquisition
  The company will only collect personal data directly from the customer.
• Retention period of personal data
  The company will only retain the customers personal data for the period necessary to achieve the above specified reasons of acquisition and processing. The specific retention period of the acquired personal data is determined with consideration to the purpose of processing, the nature of the personal data, and the legal and/or business necessity of retaining the personal data.
• The customers rights
  The customer has the following rights to the personal data that the company collects and processes.
  • Acquisition of information related to data processing
    The customer reserves the right to obtain all necessary information from the company regarding the company’s data processing activities relating to the customer (GDPR articles 13 & 14).
  • Access to personal data
    The customer has the right to receive confirmation from the company whether any personal data related to the customer has been processed and, if so, to access that personal data and certain related information (GDPR article 15).
  • Correction or deletion of personal data
    The customer has the right to correct any inaccurate personal data, and to complete any incomplete data related to the customer without undue delay (GDPR article 16). The customer also reserves the right to delete personal data related to the customer without undue delay if certain requirements are met (GDPR article 17).
  • Restrictions on processing personal data
    The customer has the right to limit the processing of the customers personal data if certain requirements are meet (GDPR article 18).
  • Objection to the processing of personal data
    The customer has the right to object to the processing of the customers personal data when it meets certain requirements (GDPR article 21).
  • Personal data portability
    The customer has the right to receive personal data related to the customer in a commonly used, structured, and machine-readable format, if certain requirements are met. The customer has the right to have this data transferred to them by a separate entity without interruption from the company (GDPR article 20).
  • None subjection to automated decision making
    The customer has the right not to be subject to decisions (including profiling) based solely on automated data processing that can have any legal effect or similarly significant influence on the customer, if certain requirements are met (GDPR article 22).
    If the customer wishes to exercise the above mentioned right, please contact the company through the address listed below in paragraph 8.
    The customer may challenge the company’s processing of the customers personal data such as the customers whereabouts, workplace, or violations of GDPR to any other member nation of the privacy protection supervising body.
• Changes to this policy
  The company may change this policy at any time. If we make any substantive or material changes, we will contact the customer through this website and, if necessary, through email notification.
• Contact information
  If you have any questions or inquiries regarding this policy, please contact the data administrator through one of the following addresses.

Media Japan Headquarters Customer Service Center
452-1 Shinhakusuimaru-cho, Kamigyo-ku, Kyoto, Japan
Mail: customer@gen-universe.com

* This is a translation of the original Japanese text, in case of any discrepancies the original Japanese will take precedence.