User Agreement
This User Agreement (this “Agreement”) set forth the terms and conditions for providing the Services (as defined below), and the rights and obligations between Planetia Co., Ltd. (hereinafter referred to as the "Administrator") and registered members of the Services. Members must read and agree to the entire terms and conditions of this Agreement before using the Services
Article 1 (The Service)
The COSMERIA website (hereinafter referred to as the "Service") is managed by Administrator and its affiliated companies.
Article 2 (Rules and Guidelines, etc.)
2.1 This Agreement defines the rules between the Administrator and the members, in order for all the members stipulated in the following Articles to use the Service.This Agreement shall apply to all the relationships between the Administrator and the members.
2.2 The Administrator may revise this Agreement with immediate effect without provision of prior notice to members.
Article 3 (Registration)
3.1 The members in this Agreement refer to persons approved by the Administrator, who have applied for registration to the Service by the predetermined method of the Administrator, upon acceptance of this Agreement based on the procedure specified by the Administrator.
3.2 Registration may not be approved when the Administrator determines that it is inappropriate to accept a person as a member.Even after being approved, the approval may be canceled and the registration deleted by the Administrator in its discretion.
3.3 It is prohibited for registered members to apply for member registration in duplicate.
Article 4 (Member Account)
4.1 The use and management of the member account shall be the responsibility of the members themselves.
4.2 The members shall assume responsibility themselves for all actions taken on their own account and the results, irrespective of said actions being taken by the members themselves or not.
4.3 When a member causes loss or damage to a third party or the Administrator due to the negligence, gross negligence or willful misconduct, the member shall be responsible for such loss or damage incurred by said third party or the Administrator.
Article 5 (Prohibited Matters of Members)
The members shall not perform the following actions within the Service.
(1) Actions which breach or may breach this Agreement and public policy;
(2) Actions which connect to or may be connected to criminal acts;
(3) Actions related to or may be related to anti-social activities;
(4) Actions which register or provide false information;
(5) Actions which defame or slander other members or third parties;
(6) Actions which infringe on the intellectual property rights (Including but not limited to copyrights, design rights, patent rights, utility model rights, rights of trademarks and know-how) of other members or third parties;
(7) Actions which may generate disadvantages or cause trouble to other members or third parties;
(8) Actions for the purpose of soliciting organizations, services, and activities, etc. not related to the Service;
(9) Actions which cause obstruction to the system infrastructure of the Service, such as a computer virus, etc.;
(10) Actions which generate monetary interest, such as trading between other members and third parties performed by methods not approved by the Administrator, actions which generate financial proprietary interests, such as exchange or provision of goods without fair value, and all other actions for the purpose of any other profit;
(11) Actions which are determined to have an adverse effect on persons under age;
(12) Actions which send spam e-mail, send e-mail to an unspecified number of members, reading of replies, answering questionnaires, and compelling other members or third parties to forward said e-mail;
(13) Actions which reproduce or redistribute all information including e-mail from the Administrator, or text and images in the Service (Video clips, still pictures, sketches, illustrations, etc. The same shall apply hereinafter.), etc. without the Administrator’s permission
(14) Actions which obstruct the operations of the Service, or obstruct the business or damage the trust of the Administrator; or
(15) Any other action which is determined as being inappropriate by the Administrator
Article 6 (Information between Members)
The members shall use the Service according to common sense at your own responsibility, and shall not cause trouble to the Administrator, other members, and third parties when using the Service.
Article 7 (Attribution of Rights)
7.1 When intellectual property rights (Including but not limited to copyrights, design rights, patent rights, utility model rights, rights of trademarks and knowhow) are generated in the contents which are posted or contributed by a member on the Service provided the Administrator through the Service, all said rights shall be contributed to the Administrator or the content provider.
7.2 The members acknowledge and agree that there are cases where the information in the Service is published in various media, including newspapers and magazines, etc. or issued as a publication, or indicated in other Internet web pages besides the website approved by the Administrator. In this case, the full name of the member who posted the information may be indicated. However, from the viewpoint of protection of personal information and privacy protection, personal information including address and e-mail address, etc. shall not be published without the prior consent of the member.
Article 8 (Receiving and Sending E-mail)
8.1 The Administrator may send information important for the operation of the Service to the members via e-mail.
8.2 The Administrator may send e-mail to the members for notification of a new opening or renewal opening, etc. of a sister service stipulated for the Service.
8.3 The Administrator may send e-mail to the members for promotion and marketing of products sold by vendors using the COSMERIA website.
Article 9 (Advertisement of Products, etc.)
The members acknowledge and agree that any contents of products, etc. are created based on material provided from the company which sells and provides the product, etc. therefore, the Administrator shall assume no responsibility concerning the contents indicated in the advertisement. The Administrator shall assume no responsibility for the results concerning such product provided through the Service (including but not limited to the use of the product).
Article 10(Termination of Member Qualification)
10.1 When a member is applicable to any one of the following items, the Administrator may terminate the member's qualification without the consent of the member.
(1) When the member qualification is used illegally;
(2) When the Service is used for the purpose of profit by a method not approved by the Administrator;
(3) When a fabrication of fact is recognized in the registration information of a member;
(4) When an action which may threaten the trust or the social standing of the Service is revealed;
(5) When the Service and system of the Administrator is used illegally;
(6) When any other rules of this Agreement, etc. are breached; or
(7) Any other case when the Administrator determines it to be inappropriate.
10.2 Upon termination of the qualification, the member shall forfeit all the rights of points and point guidelines kept by the Service.All the points shall be invalidated when the member is withdrawn, and cannot be restored.
Article 11 (Withdrawal from Membership)
11.1 When a member is withdrawing from the membership, a notice shall be submitted to the Administrator according to the predetermined procedure, and the member shall be withdrawn after the withdrawal process has been completed by the Administrator.
11.2 The member shall agree in advance that the information registered during the registration process to become a member, the information registered to use the Service shall be deleted, and the points, etc. which have not been used before withdrawing shall be lost after the member has withdrawn.
11.3 Notwithstanding the preceding two paragraphs, the information posted by the member on the COSMERIA website through the Service (including but not limited to word of mouth) may not be deleted and the Administrator may use such information even after the withdrawal.
Article 12 (Information and Service)
12.1 The Administrator shall assume no obligation of research and guarantee of the integrity, accuracy, usefulness, and finality concerning the various information and services provided by the Administrator.The Administrator shall have the right to perform editing and reconstruction of information, etc., such as documents, images and sound, etc. provided from third parties including the members, and the members shall not raise any objections against the rights of the Administrator.However, the Administrator shall assume no obligations of said editing, etc.
12.2 Even when loss or damage (including but not limited to physical, mental and proprietary damage) occurs to the member resulting from the information provided by a third party, the Administrator shall assume no responsibility.
Article 13 (Suspension and Stoppage of Service)
When a member is applicable to any one of the following items, the Administrator may temporarily suspend or stop some or all of the Service without the consent of the member.
(1) In the case of scheduled maintenance, updating and emergencies of the Service and the concerned systems, including the network, etc.;
(2) When it is difficult to provide the Service due to force majeure, such as a fire, power failure, and natural disasters, etc.; or
(3) When the Administrator determines that it is difficult to provide the Service due to any other unexpected situation.If any disadvantage, loss or damage occurs to the member in the case of the preceding items, the Administrator shall assume no responsibility.
Article 14 (Change and Stoppage of Service Contents)
The Administrator may change or stop the contents of the Service, without obtaining the consent of the member.If any disadvantage, loss or damage occurs to a member in such case, the Administrator shall assume no responsibility.
Article 15 (Exemption from Liability of Service, etc.)
15.1 The Administrator shall assume no responsibility to perform research, management and deletion of the information exchanged between members, including posting of word of mouth, message boards, and exchange of e-mail.
15.2 When any dispute arises concerning the Service provided by the Administrator, where the Administrator receives a claim from a member or third party, and the judgment of the court recognized compensation for damage and other responsibility and the payment is settled according to the judgment, the Administrator shall be able to claim all the costs incurred by said dispute (including compensation for damages, legal costs, and attorney's fees) to the member who created the cause of concerned trouble.
15.3 When there are difficulties or it is impossible to connect to the Service, or a portion or all of the Service is incomplete or not provided at all, the Administrator shall assume no responsibility.The users who can connect to the Service shall also not be able to pursue any responsibility to the Administrator concerning said trouble.
Article 16 (Governing Law and Jurisdiction)
16.1 This Agreement shall be governed by and construed in accordance with the laws of Japan.
16.2 Any and all disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 17 (Severability)
If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
Article 18 (No Waiver)
The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not be construed as acquiescence or waiver of such failure to perform such provision. The failure of either party to take action upon the breach of any provision of this Agreement shall not be construed as acquiescence or waiver of any such breach.
Article 19 (No Third Party Beneficiaries)
Except as may be expressly set forth herein, nothing in this Agreement shall be construed to give rise to any obligation on either party hereto for the benefit of a third party or to confer any rights on any third party.
Article 20 (Assignment)
This Agreement may not be assigned by the member except upon prior written consent from the Administrator.
Article 21 (Headings)
The headings contained in this Agreement are for reference purposes only and shall not in any way control the meaning or interpretation of this Agreement.