- Terms and Conditions
September 1, 2004
The WEIDER Web site
(http://www.weider-asia.com)(hereinafter referred to as this “Web Site”) is operated by Morinaga & Co., Ltd. (hereinafter referred to as “Morinaga”).
Relationship between Morinaga and JWO Corporation
Morinaga has formed a partnership with the U.S.-based company known as JWO Corporation (including its affiliated companies; hereinafter referred to as “JWO”), thereby currently selling WEIDER-branded products in Japan. In this connection, any intellectual property right that is applicable to the WEIDER trademark/logo mark or any similar trademark registered in Japan is the property of JWO.
Morinaga’s view on the protection of intellectual property rights on the Internet
Information pertaining to corporate marks, trademarks (including service marks and logo marks), character designs, images, text, music, or program data contained in this Web Site (hereinafter collectively referred to as the “Data”) is the property of Morinaga/JWO, in principle, and is subject to intellectual property rights, including copyrights and trademark rights. Accordingly, downloading, printing, reproducing by any other means, modifying, leasing, lending, distributing, transmitting and broadcasting, reproducing for use on any other Web site* or printed material, or making commercially available, all or part of the Data (hereinafter collectively referred to as “Accessing the Data”) without obtaining permission from Morinaga/JWO constitutes an infringement of the intellectual property rights, including copyrights and trademark rights, of Morinaga/JWO. This means that any person who has Accessed the Data without obtaining permission from Morinaga/JWO may be liable to criminal penalty. In addition, the sale or distribution for profit of any material contained in this Web Site is also prohibited. Notwithstanding the foregoing, the reproduction of Data is permissible if such reproduction is intended exclusively for the personal use of Data by the person who Accesses the Data or for the use of Data by a limited number of persons within a family or any other equivalent group ; provided, however, that any act other than the aforesaid reproduction, including the modification and distribution of Data, is not permissible. In addition, Morinaga/JWO permits the use of Data that customers may download from this Web Site, assuming that the purpose of the aforesaid use of such Data is limited to personal use as set forth above. This does not mean, however, that any right that is owned by Morinaga/JWO in connection with such Data will be assigned to the customers. Moreover, no notice pertaining to the intellectual property rights, including copyrights and trademark rights, of Morinaga/JWO shall be deleted, and this stipulation shall remain in effect in the case of downloading for the aforesaid personal use.
* Placing Data on any other Web site or computer networking environment without obtaining permission from Morinaga/JWO constitutes an infringement of copyright. The placement of Data on any other Web site is not deemed to be intended for the personal use of such Data even if such Web site is operated by an individual, since any Web site serves as a medium for distributing information to a wide range of people and is accessible from anywhere in the world. The foregoing shall apply mutatis mutandis to the placement of Data on a mobile terminal or in a similar computer networking environment.
Precautions to be noted by users who intend to publish or have published any Web page that handles information on WEIDER products on a Web or within any other computer networking environment
Any intellectual property right pertaining to a product name, design, image, or the like contained in this Web Site is the property of Morinaga/JWO. Using the WEIDER logo or an image of a WEIDER-branded product or the like on any other Web site without obtaining permission from Morinaga/JWO may constitute an infringement of trademark rights, copyright, and other intellectual property rights. Based on the recognition that the introduction of the WEIDER logo, WEIDER-branded products, or the like on other Web pages by Morinaga’s valued customers is a proof of their favor to Morinaga/JWO, however, Morinaga/JWO permits the use of the aforesaid logo or image exclusively on non-profit-oriented Web sites operated by individuals, provided that the provisions below are complied with. These provisions shall apply mutatis mutandis to the use of the aforesaid logo and image on a mobile terminal or in a similar computer networking environment.
-----Please make sure to adhere to the following provisions:-----
1. Scope of and conditions for use
(1) No Web page with the WEIDER logo or a reference to a WEIDER-branded product or the like shall contain any information that may be detrimental to Morinaga/JWO or may offend against public order and decency;
(2) In order to prevent the aforesaid Web page from being erroneously interpreted as an official Web site of Morinaga/JWO or a Web site officially authorized by Morinaga/JWO, necessary notice shall be given, or other appropriate measures shall be implemented;
(3) It is not prohibited for an individual to create an image in imitation of the WEIDER logo or an image of a WEIDER-branded product or the like and place such image created by the individual on a Web page, and without seeking any profits thereby; provided, however, that the individual shall not trace, revise, process, or modify any images originally created by Morinaga/JWO.
(4) It shall be ensured that any Web site with the WEIDER logo or an image of a WEIDER-branded product or the like contains the full contents of the following notice:
Morinaga/JWO has no involvement in this Web site. Any and all intellectual property rights pertaining to the WEIDER-branded products referred to on this Web site are the property of Morinaga/JWO.
2. Prohibited acts: Please make sure to refrain from all of the following acts:
・ Placing trademarks (including service marks and logo marks) of Morinaga/JWO (excluding link banners whose use is permitted by Morinaga/JWO) on other Web sites;
・ Processing images of products of Morinaga/JWO (including images created by you) in order to make them available as free software in the form of icons, wallpaper, cellular phone wallpaper, or the like so as to make them publicly available or distribute them or to create and release a game or the like; and
・ Making publicly available images, sounds, or music used in Morinaga’s commercial messages or re-arranged versions of such
Even if the aforesaid conditions are satisfied, you may be requested to delete data deemed inappropriate by Morinaga/JWO, regardless of whether not you have of such data is already in use. In addition, the satisfaction of the aforesaid conditions will not result in your Web site being officially authorized by Morinaga/JWO. (Morinaga/JWO authorizes no external Web sites.)
Links to this Web Site
Any Web site operating entity, whether it be an organization, corporation, or individual, is allowed to establish links to this Web Site; provided, however, that links to this Web Site can be established only from Web pages. (If you wish to establish links to this Web Site from any other medium, such as a CD-ROM or hardware device such as a TV, please consult with Morinaga.)
Notwithstanding the foregoing, Morinaga will not accept links from Web pages that are deemed by Morinaga to be fall under any of the categories below. In addition, Morinaga may also reject links from other Web pages, regardless of whether or not you have already provided such links on those respective Web pages.
■ A Web site where Morinaga/JWO or any third party is or may be slandered, libeled, or defamed;
■ A Web site that is detrimental to the intellectual property rights and/or other rights of Morinaga/JWO or any other third party;
■ A Web site that offends against public order and decency;
■ A Web site that may misguide or mislead visitors;
Make sure to use the following link banner:
・ WEIDER Web site: http://www.weider-asia.com
■ Although Morinaga/JWO places information on the weider-asia.com Web Site with the greatest possible care, Morinaga/JWO cannot guarantee the accuracy or integrity of such information.
Morinaga/JWO may make changes to the information on the weider-asia.com Web Site without notice. Morinaga/JWO shall assume no liability for any loss or damage arising out of your use of such information or out of your inability to use such information for any reason.
In addition, Morinaga/JWO shall assume no responsibility or liability for any hardware/software problems or any other loss or damage. Morinaga/JWO may suspend the operation of the weider-asia.com Web Site without notice.
Customer feedback, proposals, etc.
■ Morinaga/JWO highly appreciates customer feedback comments on the products of Morinaga/JWO or this Web Site. However, as a matter of policy Morinaga/JWO cannot receive or consider ideas, proposals, or materials from customers pertaining to the manufacture of products or the like except in cases where the provision of such ideas, proposals, or materials is specifically requested by Morinaga/JWO. You are requested to refrain from making manufacturing proposals etc. to Morinaga/JWO by telephone, mail, fax, e-mail, or any other means. Your understanding and cooperation is highly appreciated.
■ Should a customer submit any proposal, idea, memo, drawing, plan, or other information (hereinafter collectively referred to as “Information”) to Morinaga/JWO at his/her own discretion without regard to the aforesaid request from Morinaga/JWO, the submitted Information will be handled as an asset of Morinaga/JWO. In this case, however, Morinaga/JWO shall assume no duties of confidentiality pertaining to such Information and shall assume no responsibility, for how the Information may be used or disclosed in whatever manner. In addition, please note in advance that all of the rights pertaining to Information that is currently known as well as such rights that may arise in the future shall be or become the property exclusively of Morinaga/JWO, regardless of the jurisdiction in which such rights are/will be applicable as well as the type and nature of such rights, and that Morinaga/JWO is entitled to use such Information without compensating the person who provided the Information as well as without being subject to any restrictions.