1. These terms set out the legally binding terms which apply to everyone who accesses or uses any part of the WAP site or website at www.mkade.com whether as a guest or a registered user. These terms also apply to any correspondence by email between us and you. Please read the terms carefully before using any part of the WAP site/website. By accessing or using any part of the WAP site/website, you agree to be bound by these terms and the terms of the privacy policy, which are incorporated herein by reference. If you do not wish to be bound by these terms and the terms of the privacy policy, you must leave the WAP site/ website immediately.

2. The WAP site and website are owned and operated by Excite Japan Co. Ltd. (a company registered in Japan, whose registered office is at 20F Yebisu Garden Palace Tower, 4-20-3, Ebisu, Shibuya-Ku, JASDAQ company number 3754) ("we", "us", "our" and "Excite").

3. Your privacy is important to us. Please check our Privacy Policy for details about what information we collect and how we use and protect it.

4. You agree to us sending up to four advertisements or promotions per week to your mobile phone. Advertisements and promotions will be tailored to your interests as specified by you at the time of registration.

5. In exchange you can receive all the content available to be downloaded from the WAP site only and you can access and use all the features available on the WAP site and website ("the Service"). The Service will be provided by us without charge to you subject to those charges referred to in paragraph 7.

6. It is your responsibility to provide us with your correct mobile phone number or to ensure that you have permission to use this mobile phone number and to ensure that this information is kept up to date.

7. All the content and features that you access from your mobile phone will be across a GPRS or other data carrier service and is delivered as a series of WAP pages. Therefore, access to our Service, directly from a mobile phone, may incur transfer charges and these will vary across networks.

8. You must ensure that your mobile phone handset is WAP compatible and that your WAP service is activated. To activate your WAP service, please contact your mobile phone operator directly.

9. The content on our WAP site, games and the features on our WAP site and website, such as photo blog, are for entertainment purposes only. Some content may include expressions, images, or words that could be considered offensive to some people. If you are easily offended we suggest that you do not use our Service.

10. You understand and agree that the Service may include advertisements, such as banner advertisements, and that these advertisements are necessary for us to provide the Service.

11. You must be at least 18 years old to use the Service. Please ensure that you have the bill payer's permission before using the Service provided by the WAP site/website.

12. Parents or guardians who allow their children to use the Service should take care to supervise their children. We remind you that the Service is designed to appeal to an adult audience. As the legal guardians, we remind parents and guardians that it is their responsibility to supervise children and to determine whether the content and features of the Service is suitable for their child.

13. You are responsible for ensuring that all persons who access the Service through your internet connection are aware of these terms, and that they comply with them.

14. Each customer will be provided with data storage capacity of 10 GB to store personal files such as photographs, video and music files. However, we reserve the right to limit your data storage capacity if, in our opinion, you are using your data storage capacity for purposes that are disadvantageous to us, our group of companies, affiliates, officers and employees.

15. Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our website and WAP site, and in the material published on it apart from any material provided by users of the Service. You may print off one copy, and may download extracts of any page(s) from our Service strictly for your own personal use provided; you do not alter or remove any copyright, trade mark or other proprietary notices. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You undertake not to:

a. commercially exploit any materials on our WAP site/website without our express prior written consent;

b. use our WAP site/website to upload or distribute any material that contains viruses or anything similar;

c. infringe the rights of any other person, firm or company;

d. do anything that will or may interfere with, disrupt, damage or impair the WAP site/website or our provision of the Service; and/or

e. submit any information to our WAP site/website which is defamatory, obscene, offensive, liable to cause harassment or distress and/or which does not comply with any law.

16. You may not frame or use framing techniques to enclose any material on the WAP site/website or any part of it without our express prior written approval.

17. You are prohibited from de-compiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on our WAP site/website into a readable form. You are prohibited from circumventing or attempting to circumvent any of our or our group of companies' security safeguards.

18. If you violate any of these terms, your permission to use our WAP site/website automatically terminates and you must immediately destroy any downloaded or printed extracts from the WAP site/website.

19. Each registration is for a single customer only. We do not permit you to share your user name and password with any other person nor with multiple customers on a network.

20. If you choose, or you are provided with, a user identification code or password as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.

21. If you become aware of any unauthorized use of your password, you must change your password by visiting the registration page of our WAP site/website.

22. While we endeavour to ensure that our Service is normally available 24 hours a day, we shall not be liable if for any reason the WAP site/website is unavailable at any time or for any period.

23. Access to the WAP site/website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

24. Where our WAP site/website contains links to other sites and resources provided by third parties (via advertising or otherwise), these links are provided for your ease of reference and convenience only. If you use these links, you leave our WAP site/website. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. The fact that we may provide a link to any such WAP site/website does not mean that we endorse that WAP site/website. If you decide to access any of the third party websites linked to our WAP site/website, you do so entirely at your own risk.

25. We make no guarantee that our WAP site/website will be uninterrupted or error free. We aim to update the sites regularly, and may change the content or features at any time.

26. If the need arises, we may suspend access to all or any part of the Service, or close it indefinitely, without notice and without liability. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

27. The information, material, content and/or features of our WAP site/website is provided on an "as is" or "as available" basis and we make no promises, warranty or representations, whether express or implied, in relation to such content and/or features, including but not limited to implied promises or conditions of completeness and accuracy.

28. To the extent permitted by law, we and other members of our group of companies hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any customer in connection with our WAP site/website or in connection with the use, inability to use, or results of the use of the Service, any WAP sites and/or websites linked to it and any materials posted on it, including, without limitation, any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of opportunity;

loss of goodwill;

wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect our liability for death or personal injury arising from our negligence, nor our ability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

29. You will indemnify and defend us, our group of companies, affiliates, officers and employees from and against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms or any use of the WAP site/website by you.

30. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or any site linked to it.

31. Other than personal data, which is covered under our privacy policy, any material you transmit, post or upload to our WAP site/website, including data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Customer Material"), shall be considered non-confidential. However you will retain all proprietary rights for the Customer Material you submit and we shall be under no obligation with respect to such material.

32. However, by submitting your Customer Material to our sites, you grant us a worldwide, nonexclusive, royalty-free, assignable license to copy, disclose, distribute, incorporate and otherwise use such material and all data, images sound, text and other things embodied therein for any and all commercial or non-commercial purposes.

33. By submitting your Customer Material, you also grant each of our customers a non-exclusive license to access your Customer Material, and to copy, disclose, distribute, incorporate and otherwise use such material and all data, images sound, text and other things embodied therein as permitted by the Service and under these terms.

34. The aforementioned licenses granted by you terminate once you remove or delete your Customer Material from our sites.

35. You are prohibited from posting, transmitting or uploading to or from our WAP site/website any Customer Material:

a. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

b. for which you have not obtained all necessary licenses and/or approvals; or

c. which constitutes or encourages conduct that would be considered a criminal offence, given rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

d. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

36. You may not misuse our WAP site/website (including, without limitation, by hacking).

37. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any Customer Material in breach of these terms.

38. You understand that when using our Service, you may be exposed to Customer Material from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Customer Material.

39. You further understand and acknowledge that you may be exposed to Customer Material that is inaccurate, offensive, indecent, or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and will indemnify and hold us, our group of companies, affiliates, officers and employees, free from liability, to the extent permitted by law, regarding all matters related to your use of the Service.

40. You agree that your use of our Service shall be at your own risk.

41. To the extent permitted by law, we disclaim all liability for Customer Material or the defamatory offensive or illegal conduct of any third party and that the risk of harm or damage from the aforementioned rests entirely with you.

42. If you become aware of misuse of our Service by any person, please contact us at the contact details below.

43. We may delete any Customer Material that in our judgment violates these terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.

44. We assume no responsibility for monitoring the Service for inappropriate Customer Material. If at any time we choose to monitor the Service, we nonetheless assume no responsibility for Customer Material, and no responsibility for the conduct of the customers submitting such Customer Material.

45. You are solely responsible for the Customer Material that you submit on or through our Service, and any material or information that you transmit to other customers and you're your interactions with other customers.

46. To the extent permitted by law, we disclaim any liability for any loss of Customer Material stored on our WAP site/website. Customer Material is stored at your own risk.

47. To the extent permitted by law, we disclaim any liability for non-delivery of any transmission, such as instant messaging and greeting cards, sent by you to any other customer or third party via our Service.

48. Notwithstanding anything to the contrary, we reserve the right to revise these terms from time to time without notice. Amendments will take effect when posted on the website. Please check the website and (in particular) this page regularly to take notice of any changes we make, as they are binding on you. If you access or use the WAP site/website after any amendment to these terms has taken effect, you hereby agree to be bound by the updated version of these terms.

49. Each provision of these terms shall be severable and distinct from the others. If a provision of the terms is held to be illegal, invalid or unenforceable, in whole or in part, it is intended that the legality, validity and enforceability of the remainder of the terms shall not be affected.

50. We reserve the right to investigate any suspected non-compliance with these terms. If we believe that a violation of these terms (or any of the rights identified in these terms) has occurred, we may suspend or bar your access to the Service or take such other corrective action as we deem appropriate.

51. We reserve the right to reject, refuse to post, transmit or upload, or to remove any Customer Material (including private messages) in the event of a violation or potential violation of these terms.

52. Where applicable, you may withdraw from the Service provided by our WAP site/website at any time by emailing our customer support at cs@mail.mkade.com. Your membership will be cancelled no later than 2 working days after we receive your text. The withdrawal message will be charged at your network operator's standard messaging rates.

53. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our WAP site/website. These terms are governed by English law.

54. If you access the WAP site/website from outside England and Wales, you do so at your own initiative and risk, and you are responsible for compliance with any applicable local laws.

55. In these terms, a 'force majeure' event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

56. We shall not be liable for any failure, any suspension or any termination of access to the sites or any content and/or features in connection with or arising out of a force majeure event.

57. If you have any comments, questions or complaints about any aspect of the Service please contact us at our registered office or by sending an email to cs@mail.mkade.com. These terms are effective as at 1st April 2007. c Excite Japan Co. Ltd. All rights reserved.