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Terms & Conditions

This terms and conditions of use (hereinafter referred to as this "Terms and Conditions") are applicable to the website under [http://www.nttdocomo.com] (hereinafter referred to as "Site") posted by NTT DoCoMo, Inc. (hereinafter referred to as "DOCOMO"). Any persons who accesses and browses this Site (hereinafter referred to as "Users") shall read this Terms and Conditions set forth below before accessing and browsing this Site, and shall agree and accept this Terms and Conditions without any limitation or reservation. DOCOMO may, at any time and at its sole and exclusive discretion, change, alter, modify, add, and/or remove any parts or whole of this Terms and Conditions.

Warranty / Limitation of Liability

  • - The use of this Site shall be undertaken at Users' own responsibility. Although the documents, photographs, illustrations, animations, software and other materials carried on this Site (hereinafter collectively referred to as "Documents") are carefully created and managed by DOCOMO, please be advised in advance that DOCOMO has no responsibility for accuracy and/or completeness of any and all information described within the Documents herein.
  • - DOCOMO reserves the right at anytime and from time to time to change all or a part of the contents carried on this Site without prior notice to the Users at its sole and exclusive discretion. Furthermore, DOCOMO is under no obligation to update this Site.
  • - DOCOMO shall not be responsible for any damages or losses of the Users resulting from information (including the data or the like) provided through this Site. Moreover, DOCOMO shall not be responsible for any damages or losses of the Users whatsoever resulting from the use of information acquired from websites operated by other companies (hereinafter referred to as "Third Party Sites") which are linked to this Site.
  • - All contents of the Documents shall be provided on an "as is" basis. DOCOMO makes no warranty for communication conditions of the Users, including, without limitation, computer conditions.
  • - DOCOMO has the right to suspend or close this Site without providing any prior notice to the Users.
  • - DOCOMO makes no statement or representation on this Site as to whether the contents of this Site are compatible with the computer of the Users. This Site shall be accessed based on the free will of the person who accesses it and the responsibility for the use of this Site shall be irrevocably and unconditionally assumed by the Users.
  • - Investor Relations area in this Site is described for informational purpose only. This Site is not an offer or a solicitation of an offer to buy or sell securities whatsoever. Users shall be fully responsible for the final decisions regarding making investment.

Copyrights, etc.

  • - All the Documents are protected by the copyrights, patent rights, trademark rights and other intellectual property rights which are owned by DOCOMO, its affiliated companies (hereinafter referred to as "Affiliated Companies") and other third parties.
  • - Except for personal and non-commercial internal use, Users are prohibited from copying, publishing, selling, distributing, or modifying any part or whole of the Documents.
  • - DOCOMO grants no copyrights, patent rights, trademark rights, nor any other intellectual property rights of any third party to the Users.

Trademarks

  • - The trademarks, logos and service marks (hereinafter referred to as "Trademarks") used within this Site are owned by DOCOMO and its Affiliated Companies. DOCOMO grants to the Users no permission to use these Trademarks.
  • - @FreeD, Doccimo, DoCommerce, DoPa, FOMA, i-appli, i-appli DX, i-area, i-mail, i-mode, i-motion, i-shot, Infogate, M-stage, Mzone, MOBILER'S CHECK, mopera, mopera Live!, mova, Musea, Pre-Call, Quickcast, Sigmarion, WideStar, WORLD CALL, WORLD WING, WRISTOMO, FingerWhisper, Osaifu-Keitai and all other DOCOMO products and services described within this Site are Trademarks or registered Trademarks of DOCOMO within Japan and other countries.
  • - The company names and product names appearing within this Site may be trademarks of the pertinent companies. The names of companies, organizations, products, persons, characters and data etc. used within this Site are fictitious. Any resemblance to the names of actual products, groups or individual persons is purely coincidental.

Governing Law and Jurisdiction

  • - DOCOMO and Users agree that the use of this Site is governed by and construed in accordance with the laws of Japan and the regulations of the city of Tokyo.
  • - DOCOMO makes no statement, indication or representation about whether the content of this Site is compatible with the hardware and software of the Users who accesses the site. Any Users who accesses this site does so on their own free will, and the responsibility for the use of this Site shall be assumed by the Users who accesses this Site.
  • - Unless otherwise provided, Tokyo District Court in Tokyo, Japan shall have the exclusive jurisdiction of the first trial for all disputes in connection with all controversies and disputes arising out of or relating to the use of this Site.

Cookies

  • - DOCOMO may use cookies to enable more convenient browsing when the Users revisit the Site, and to collect marketing data to improve service quality. A cookie is a type of data which is sent from the Site to the Users' Internet browser software, and is stored on the Users' computer. The stored information does not contain any personal information including, without limitation, the Users' name, address, telephone number or e-mail address which may identify specific individuals. Storing cookies does not have any adverse effect on the Users' computer.
  • - The collected information allows DOCOMO to: (i) understand the actual number of Users visiting the Site (traffic surveys); (ii) analyze User composition and usage trends by classifying the Users according to their attributes (country name, job classification etc.); and (iii) offer more attractive content to meet Users' needs. DOCOMO does not conduct specific traces for the access patterns of individuals.
  • - Cookies can be disabled from the User side by using Internet browser software to disable the receipt of cookies. Disabling cookies will not interfere with your browsing of this Site. For details on how to disable cookies, please look for information on "Cookies" on the Help menu on your Internet browser software you are using. Cookies are also explained at the Microsoft site (if you are using Internet Explorer as your Internet browser software), or on the Netscape Communications site (if you are using Netscape).

News Mailing List

  • - Using this Site, DOCOMO provides an e-mail-based news distribution service. For Users that have chosen to be included in the mailing list and have registered their e-mail address, Site usage may be monitored after receiving e-mail from the list. DOCOMO uses this monitoring to analyze User composition and usage trends while classifying the Users according to their attributes (country name, job classification etc.) The obtained information is used to offer more attractive services that meet Users' needs, and DOCOMO does not trace access patterns of specific individuals.
  • - The User can terminate the news mailing list service anytime by using the "Unsubscribe" function on the Site.

Special Note Regarding Forward-looking Statements

Information on this Site contains forward-looking statements about DOCOMO's industry, business, plans and objectives, financial condition and results of operations that are based on DOCOMO's current expectations, assumptions, estimates and projections. These forward-looking statements are subject to various risks and uncertainties. Generally, these forward-looking statements can be identified by the use of forward-looking terminology such as "may", "will", "expect", "anticipate", "estimate", "plan" or similar words. These statements discuss future expectations, identify strategies, discuss market trends, contain projections of results of operations or of DOCOMO's financial condition or state other forward-looking information. Known and unknown risks, uncertainties and other factors could cause DOCOMO's actual results to differ materially from those contained in or suggested by any forward-looking statement. DOCOMO does not promise that expectations, projections, anticipated estimates or other information expressed in these forward-looking statements will turn out to be correct. Potential risks and uncertainties include, without limitation:

  • - The successful development of DOCOMO's 3G services is subject to market demand.
  • - The introduction or change of various laws or regulations could have an adverse effect on DOCOMO's financial condition and results of operations.
  • - Changes in the current system for setting tariffs and forms of communications between the telecommunications operators may negatively affect DOCOMO's profitability.
  • - Increasing competition from other wireless telecommunication service providers, other technologies or rapid changes in market trends, could have an adverse effect on DOCOMO's financial condition and results of operations.
  • - DOCOMO's acquisition of new subscribers, retention of existing subscribers and revenue per unit may not be as high as expected.
  • - Subscribers may experience reduced quality of services because DOCOMO only has a limited amount of spectrum and facilities available for services provided.
  • - The W-CDMA technology that DOCOMO uses for the 3G system may not be introduced by other wireless telecommunications operators, which may limit DOCOMO's ability to offer international services to its subscribers.
  • - DOCOMO's international investments, alliances and collaborations may not produce the returns or provide the opportunities expected.
  • - The performance of DOCOMO's PHS business may not improve as expected and the business may continue to operate at a loss in the future.
  • - DOCOMO's i-mode system is subject to various inappropriate uses, such as unsolicited bulk e-mail, which may decrease customer satisfaction with DOCOMO's services, congest DOCOMO's system and adversely affect DOCOMO's financial results.
  • - DOCOMO's parent company, NIPPON TELEGRAPH AND TELEPHONE CORPORATION, may exercise influence that may not be in the interests of other shareholders.
  • - Concerns about wireless telecommunications health risks may adversely affect DOCOMO's financial condition and results of operations.
  • - System failures caused by earthquakes, power shortages or software and hardware malfunctions may adversely affect our financial condition and results of operations.
  • - Computer viruses and cyber attacks may harm our network systems and other communications using cellular phones.
  • - Volatility and changes in the economic conditions and securities market in Japan and other countries may have an adverse effect on DOCOMO's financial condition and results of operations.

DOCOMO's actual results could be materially different from and worse than as described in the forward-looking statements. Important risks and factors that could cause our actual results to be materially different from as described in the forward-looking statements are set forth "Item 3.D: Risk Factors" of its annual report on Form 20-F filed with the U.S. Securities and Exchange Commission on July 3, 2003, a copy of which is available through the "IR Library" section of this web site and also through the SEC's web site at www.sec.gov .

Disclaimer Regarding the 12-hour Rule

Some information on this Site could be, or could be deemed to be, "material information" as defined in Paragraph 2, Article 166, of the Securities and Exchange Law of Japan. Moreover, any person who becomes aware of relevant information through this Site may be a "primary information receiver" as defined in Paragraph 3, Article 166, of the said Law. Therefore, based on Paragraph 1, Article 30, of the Securities and Exchange Law Enforcement Order, any person who trades DOCOMO's shares or other relevant shares based on information obtained from this Site prior to twelve (12) hours after such information has also been published in two (2) or more media sources could be in violation of Insider Trading rules under the Securities and Exchange Law.

Other Disclaimers

DOCOMO does not disclose on this Site all of the information it discloses elsewhere in compliance with applicable U.S. and Japanese securities laws and regulations. Moreover, information and expressions used on this Site may differ from information and expressions used in disclosures made under the terms of the said laws and regulations. Information on this Site was current at the time it was placed on the Site, except for documents, press releases, and other publications bearing dates, which were current as of their respective dates. As a result, such information may become outdated, inaccurate, or incomplete with the passage of time. DOCOMO assumes no obligation to update information posted to this Site, and does not promise to do so.
This Site contains links to Third Party Sites. Users who access to Third Party Sites shall do so solely at their own discretion and responsibility. DOCOMO neither recommends nor makes any warrant with regard to the use of, or information (including data) on, Third Party Sites. DOCOMO assumes no liability whatsoever for any damages that may result from the use of, or information on, Third Party Sites. Any Third Party Sites accessed should be used only in strict compliance with the applicable terms and conditions for use of those sites. This Site and any information posted on it are not intended as investment recommendations.

Precautions on Linking to this Site

  • - DOCOMO shall not be responsible for any damages or losses caused by the Users' or the Users' company's link to this Site.
  • - DOCOMO does not guarantee continual maintenance of the information and URLs on this Site, and as a general rule, these are subject to change without prior notice to the Users.
  • - Please refrain from using techniques such as displaying within a frame or other methods of linking where it is unclear that the content comes from this Site.
  • - DOCOMO's logo is a "corporate mark" which is the symbol mark of the company, and at the same time is a "trademark" indicating the responsibility DOCOMO takes for its products and services. Therefore, the Users may not use this logo on the Users' or the Users' company's site without the prior written permission of DOCOMO.
  • - DOCOMO does not grant any linking which may: (i) infringe the rights of DOCOMO; (ii) interfere with DOCOMO's business; and (iii) contain elements which are harmful to DOCOMO's image.