“Open Post” provides an online service used for the purpose of discovering and cultivating the new creators of the next generation.
On the precondition that they abide by the terms and conditions outlined below, participants who wish to submit their work may gain permission to create fun fiction using designated works (including characters, stories, logo designs, artistic settings, etc.) by “theme artists” indicated on the site. The site also provides a place for users to display their work, including completely original creations. It is the goal of the operating entities—the Association of Japanese Animations—to create commercialization and business opportunities in cooperation with content-business parties while properly protecting the copyright of the creators.

Article 1: Definition of Usage Terms and Conditions

These terms and conditions apply to the submission of works such as animated videos, drawings and designs submitted to “Open Post” (“the site”), operated by the Association of Japanese Animations (“the operating entities”); the browsing, viewing, submission of comments on and voting for such works; as well as the registration of accounts (“user registration”). (Participants who engage in such activities on the site are referred to as “users,” and works submitted to the site by users are referred to as “submitted works.”)

Article 2: User Registration

Item 1
User registration is required in order to use the site. However, user registration is not required if the user is only browsing or viewing submitted works.

Item 2
Users must register using the method set forth in these terms and conditions after agreeing to said terms and conditions and the privacy policy in their entirety.

Article 3: Usage of Personal Information

Item 1: About Personal Information
Users may not lend, exchange, resell, or transfer their own user information (registered information and the rights and interests thereto) to any third party whatsoever.

Item 2: Operating Entity Response
Should it be confirmed that a user has engaged in an activity that falls under the prohibited actions set forth in Article 4 and Article 6 of these terms and conditions, the operating entities may take actions against said user such as deleting submitted works, user registration, and/or comments at their own discretion and without prior notification. In this case, the user shall have no recourse to raise any objections whatsoever.

Item 3: Individual Responsibility for Information Management
Users shall:

1. Manage submitted works and data, etc., related to same
2. Manage the account name and password issued by the operating entities
3. Ensure that the user’s password is not obtained by a third party
4. Assume total responsibility for any damage or loss incurred due to insufficient management of his/her account name and password, errors in usage, usage by third parties, etc., and the operating entities shall bear no responsibility whatsoever.

Item 4: Disclosure of Personal Information
The operating entities shall not disclose to any third party information and/or log data entered by the user through use of the site. However, this shall not apply and users shall consent to disclosure in the following cases: 1) request for and/or authorization of disclosure by said user, 2) if the user violates these terms and conditions and disclosure is required in the process of protecting the operating entities’ own rights, and/or the operating entities have an obligation to cooperate with investigations or inspections, or 3) disclosure is requested in accordance with court orders, legal ordinances, securities exchange regulations and/or securities dealers’ association regulations.

Item 5: Cancellation of membership
Users may delete their registration according to the procedure set forth by the site on the site’s help page.

Article 4: About Submission of Works and Submitted Works

Item 1: Usage of Works by Theme Artists
Users may reproduce designated works (including characters, stories, logo designs, artistic settings, etc.) by specified theme artists appearing on the site (“theme artists’ works”) by quoting, altering, and/or revising said works. However, users must obtain prior written consent by the copyright holder of the theme artist’s works when publishing, using, etc., works that are citations, alterations, or revisions of said theme artist’s works in a manner other than submission to the site.

Item 2: Prohibited Items
Users shall not submit to the site works that include the following content:

1. Content about a specific political group and/or political activity
2. Content about a specific religious group and/or religious activity
3. Content that violates the law and/or aids and abets, invites, coerces or encourages violation of the law
4. Violent or grotesque images or videos, images or videos that depict dead bodies, murder scenes, etc., or any other pictures, videos, images, words, or other expressions that may upset the average person
5. Words that depict sexual activity or sexual organs; obscene expressions
6. Child prostitution or pornography, uncensored video images, etc.
7. Content that depicts child sexual activity, child abuse, etc.
8. Words or other expressions that may glamorize, induce, or encourage suicide, self-mutilation, rampant drug use, etc.
9. Content that infringes on others’ reputation, social trust, privacy, image rights, publicity rights, copyrights, other intellectual property rights or other rights (including all items specified by legal ordinance or recognized by legal precedent)
10. Content whose purpose is commercial advertisement or promotion

Furthermore, users are strictly prohibited from the following activities as they infringe on the law:

Alteration or modification of site contents, other submitted works, the material database, etc., without the permission of the operators
Reposting and/or reuse of theme artists’ works outside of the site without permission
Use of works that are citations, alterations, or revisions of theme artists’ works other than submission to the site (commercial use and/or reposting, etc.)

Item 3: Handling of Copyrights
Users may freely cite, use, or alter designated works by designated theme artists on the condition that the purpose is for submission of the product to the site. However, when quoting, altering, etc., works other than designated works by designated artists (e.g., music, voice actors, scripts, etc.) for use in submitted works, users shall be responsible for handling copyrights and similarly related rights themselves.

Item 4: About Submitted Work Data after the Operation Term
The site will be closed after the operation term (November 1, 2007 through March 31, 2009) expires. As a general rule, works submitted will not be returned.

Furthermore, the site shall bear no responsibility whatsoever for the elimination of accumulated and/or recorded data after the closure of the site. Users shall be considered to have agreed to the operation term and elimination of data.

Item 5: Management of Submitted Work Data
Users shall consent to the fact that in some cases submitted work data may not be completely saved, and that the operating entities bear no responsibility should some unforeseen circumstance occur and accumulated or recorded submitted works be eliminated, lost, damaged, etc., during the operation term.

Article 5: About Copyrights

Item 1: Submitted Works
Copyrights of works that do not cite theme artists’ works and do not use material from the works of theme artists shall belong to the user who produced the work. However, the operating entities shall be able to use submitted works at the point of submission to the site provided that the purpose is for promotion of the site. Further, when some conflict arise with regards to copyrights or other intellectual property rights in violation of these terms and conditions, the operating entities shall bear no responsibility whatsoever, and users shall be responsible for resolving the problem at their own expense and responsibility, and shall inflict no type of damage on the operating entities.

Additionally, users are granted permission to use theme artists’ works in the form of citations, revisions, etc., in submitted works provided that the purpose is for submitting the works to the site, and in general the copyright for submitted works shall belong to the user who created said work. However, when using submitted works that use the works of theme artists in the form of citations, revisions, etc., for purposes other than submission to the site, permission is required from the copyright holder of the theme artist’s work in each individual instance, and as such, is prohibited in principle.

Moreover, should you wish to use submitted works for purposes other than submission to the site due to some unavoidable circumstance, please inform the operating entities of this fact and obtain permission from the copyright holder of the theme artist’s work through the operating entities. This item shall be applicable after the closure of the site as well, so please obtain permission from the copyright holder of the theme artist’s work through the Association of Japanese Animations after the site is closed.

Item 2: Commercialization Point of Contact
Users who submit works that do not cite theme artists’ works and do not use material from the works of theme artists shall agree to make the operating entities the point of contact for inquiries from external parties regarding commercial use of said works during the site’s operating term.

Additionally, with regards to works that cite theme artists’ works and/or use material from the works of theme artists, the user who created said work shall agree that the operating entities shall serve as the point of contact for usage permission during the operation term, and that the Association of Japanese Animations shall serve as the sole point of contact after the site is closed.

Item 3: Text Information
Users shall agree that the copyright for text information such as comments made on submitted works, profiles, and works comments are transferred completely (including adaptation rights as defined in Articles 27 and 28 of the Copyright Law) over to the operating entities at the point said text information is entered into the comment field on the site. The user shall also agree to not exercise personal copyright rights with regard to the deletion (entire or partial) of said text by the operating entities. The user shall make no claim or exercise no right against the operating entities or parties that the operating entities designate with regards to the possession of rights to said text.

The user shall agree to raise no objection towards the operating entities for any and all actions that said entities take, including deletion of written entries and user registrations.

Article 6: Prohibited Actions

Users are prohibited from the following actions when using the site:

1. Actions that violate the law and/or aid and abet, invite, coerce or encourage violation of the law
2. Usage with a purpose that is or may possibly be contrary to public order and morality, or provision of information that is contrary to public order and morality to third-parties
3. Actions that place an excessive burden on the site’s servers
4. Actions that impede the operation of the site, or are deemed inappropriate by the operating entities
5. Actions that impede the use of the site by other users
6. Actions that infringe on others’ reputation, social trust, privacy, image rights, publicity rights, copyrights, other intellectual property rights or other rights (including all items specified by legal ordinance or recognized by legal precedent)
7. Actions that are deemed libelous, threatening, or harassing to other users
8. Actions that lead to meetings for the purpose of sexual or obscene activity
9. Sexual, obscene, or violent expressions, or other actions that may excessively upsetting to others
10. Trading, auction, payment, or similar actions with regards to works; publication of profile content whose purpose is to advertise or promote goods or services unauthorized by the operating entities; or other actions with the purpose of solicitation such as spam e-mail or chain mail.
11. Impersonation by using the name of another person, using the name of a company or other such organization, etc.
12. Gathering information from other users
13. Usage by a political group and/or usage for political activity
14. Usage by a specific religious group and/or usage for religious activity
15. Using or providing programs harmful to the site such as computer viruses, as well as support for or promotion or recommendation of such programs
16. Inappropriately accessing the network server environment, etc., of the operating entities or third parties
17. Other actions pursuant to those indicated above

Article 7: Exemption from Liability

Item 1: Liability Exemptions in Relation to Information
When using the site, the operating entities do not guarantee the accuracy, legality, timeliness, appropriateness, or adequacy of information appearing on the site.

Item 2: Liability Exemptions in Relation to the System
Users shall use the system after agreeing to the recommended environment, and the operating entities shall bear no responsibility whatsoever for any direct or indirect loss that arises as a result of using or being unable to use the site, or using or being unable to use pages linked from the site.

Item 3: Liability Exemptions in Relation to Legal Measures
In the event that a user of the site violates any of the provisions set forth in these terms and conditions, said user shall exempt the operating entities from any liability with respect to any claim, litigation, and any and all other legal measures made against the operating entities. The operating entities shall also be exempted from any liability should a conflict arise with the user with respect to any transmission fees incurred over the course of usage of the site.

Item 4: Data Management Users shall consent to the fact that in some cases data on the site’s system such as site information, submitted works, or text may not be completely saved, and that the operating entities bear no responsibility should some unforeseen circumstance occur and accumulated or recorded data is eliminated, corrupted, lost, damaged, etc., during the operation term.

Article 8: Governing Laws

Japanese law applies to the enforceability, performance, and interpretation of these terms and conditions, and the Tokyo Metropolitan Court shall be the court with exclusive jurisdiction over the first trial.

Article 9: Modifications to Site Operation or Terms and Conditions

The content of the site and/or terms and conditions may be modified without prior notice at the discretion of the operating entities, and users shall agree to the contents at the point of modification. The site may, at will, interrupt or suspend provision of the site system without any prior notification.

Article 10: Consent to Usage Terms and Conditions

All site users shall verify and consent to the usage terms and conditions. If the operating entities, copyright holders, or others incur some loss as the result of a user failing to abide by the usage terms and conditions, suitable compensation may be claimed against said user.

Article 11: Undefined Issues

The operators shall define issues should some event occur that is not defined by the terms and conditions or that is a questionable event.

Article 12: Enactment and Revisions of these Terms and Conditions

These terms and conditions shall apply to all users, including previously registered users, effective November 1, 2007.

Terms and conditions enacted: October 1, 2007
Partial revision: Article 1 – revision of operating entities: April 1, 2008
Complete revision: July 30, 2008