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Terms of Use for the WEAR Users

The official text of this Terms of Use is provided in Japanese and any translations in a language other than Japanese are for reference only.
Any translations in a language other than Japanese have no effect. The official Japanese text of this Terms of Use shall prevail in all circumstances, including circumstances of inconsistencies between the official Japanese text and its translations.
Our company shall be exempt from any liability to the maximum extent permitted by applicable laws regardless of this Terms of Use.

Last Updated on May 22, 2015
Legislated on October 31, 2013

Introduction

1. These terms of use (hereafter referred to as the “Terms”) provide the conditions of use concerning the Users (defined in Article 1 and used in the same meaning hereafter) of the WEAR (the “WEAR”), a social network service specialized in fashion operated by a Japanese corporation, START TODAY CO., LTD. (referred to as the “Company”).

2. Users wishing to use the WEAR are required to completely understand and accept the provisions of the Terms. Upon using the WEAR, the Users shall be deemed by the Company to have completely understood and accepted all the provisions in the Terms.

3. In order to use the WEAR, the Users are required to (i) accept the WEAR Privacy Policy which stipulates the Company’s handling of personal information (including information concerning privacy) obtained in relation to the WEAR, and (ii) comply with the Terms and other rules separately prescribed by the Company.

4. The Company may, without receiving prior consent from the Users, change all or part of the Terms at its own discretion by publicizing or giving notice to the Users with respect to the change through manners that the Company determines to be appropriate such as making announcements on the WEAR or sending electronic mails to the Users. The Terms reflecting these changes shall become applicable as of the publication or the notification.

Article 1. Definitions

The capitalized terms used herein shall have the meaning as follows:
(1) “Users” collectively means anyone who uses the WEAR through means such as viewing the WEAR;
(2) “Member” means any User who has applied to be registered as a Member and has been approved by the Company, provided that he/she has completely understood and accepted all the provisions in the Terms in accordance with the procedures prescribed by the Company;
(3) “Login Information” collectively means the information to be sent by the Members in order to login to the WEAR such as IDs, e-mail addresses, and passwords;
(4) “Post Contents” means the contents posted on the WEAR by the Users;
(5) “Seller’s EC Website” means the designated EC website where the Users may buy the goods posted on the WEAR, by directly moving to the EC website from the WEAR.

Article 2. Membership Registration

1. If any of the following matters are acknowledged, the Company may refuse to approve the membership registration of the User who has applies to be registered as a Member of the WEAR. If any of the following matters arise after completing the membership registration, the Company may, without any prior notification, suspend the relevant User’s use of the WEAR, delete the User’s membership account, or take such other measures as the Company deems appropriate.
(1) When the User is under 13 years old;
(2) When the country of the User’s address statutorily prohibits the use of the WEAR (including but not limited to, when the User is subject to regulations due to its age or other reasons.);
(3) When all or part of the membership application includes false or misleading facts or information;
(4) When the User has , in the past, been punished by the Company for breaching the terms of any of the services (including but not limited to the WEAR) provided by the Company;
(5) When the User has, in the past, defaulted without any reasonable excuse with respect to the services (including but not limited to the WEAR) provided by the Company; or
(6) When the Company otherwise reasonably decides that the approval of the registration shall be inappropriate regarding the operation and management of the WEAR.

2. If there is no indication of disapproval from the Company with respect to the application, the User applying for a membership registration for the WEAR shall be deemed to have been approved as a Member when the screen moves on to the next screen.

3. Unless the Company provides a prior consent, one User shall obtain only one status as a Member. For one User to obtain several statuses as a Member or several Users to share one status as a Member shall be prohibited.

4. Members shall make efforts to prevent unauthorized uses of its Login Information and shall assume all liabilities on its management.

5. If the Login Information, sent in relation to the access to the WEAR, is identical to the Login Information registered to the Company when applying for the membership registration or changing the Login Information after the registration, the Company shall deem that it has been sent from the Member who registered it. The Company shall not assume any liability for the damages incurred by the Users through unauthorized uses and other accidents invoked by using such Login Information.

6. If any or all of the Member’s information registered to the Company has changed, the User shall immediately change the registered information. The Company shall not assume any liability for the damages, if any, incurred by the User for not changing the information.

7. If the User is subject to suspension of the use of the WEAR or deletion of its account in accordance with this Article, the Company shall suspend the publication of the Post Contents posted by such User.

Article 3. Cancelling Registration

1. The User may cancel its registration any time by following the procedures prescribed by the Company. Unless the Company’s intentional act or gross negligence is found, the Company shall not assume any liability for the damages, if any, incurred by the User due to the certain time required to complete the registration cancelling procedures.

2. If the User cancels its registration in accordance with this Article, the Company shall suspend the publication of the Post Contents posted by such User.

3. Upon completing the registration cancelling procedures, the User shall accept that it may lose all the rights and opportunities granted with respect to the WEAR including but not limited to, the right to receive any of the services provided in relation to the WEAR, the right to receive information provided through e-mails, and the right to participate in campaigns and surveys.

Article 4. Prohibitions

With respect to the use of the WEAR, the User may not perform any of the actions set forth in each of the following Items or any action that may fall under any of them. If any damage, loss or expense is incurred by the Company or a third party due to the User’s breach of this Article, the User shall be liable to compensate all such damages. In this event, the Company may, without any prior notification, suspend the User’s use of the WEAR, delete the User’s membership account, or take other appropriate measures at the Company’s discretion.
(1) Announcing, advertising, or publicizing that the goods may be bought in places other than the Seller’s EC Website by linking its Post Contents to an EC website of the User’s own or a third party (provided, however, this shall not be applicable if the Company has given a prior consent.);
(2) Taking actions that breach the Terms, other rules separately prescribed by the Company, laws, cabinet and ministerial orders, regulations or ordinances, or actions that abet, induce, persuade or encourage the performance of the above mentioned breaches;
(3) Registering false or misleading information or facts (including but not limited to, information or facts concerning a third party);
(4) Interfering with, or posing an obstacle to, the smooth operation of the WEAR;
(5) Unauthorized using others’ Login Information;
(6) Taking actions that cause any damages, losses or expenses to the Company or a third party, without any reasonable excuse;
(7) Actions which or which may infringe the intellectual property such as copyrights, trade secret, know-how, portrait right, moral right, fame, privacy, publicity and other rights of a third party or the Company;
(8) Posting Post Contents that abet, induce, persuade or encourage suicide, self-mutilation, or drug abuse;
(9) Posting grotesque or violent pictures or any other Post Contents that are reasonably determined by the Company to be offensive to the public;
(10) Posting videos and pictures of highly exposed skin (including those blurred) or any other Post Contents that are reasonably determined by the Company to be indecent;
(11) Posting Post Contents that libel or slander third parties;
(12) Taking actions that solicit, induce or encourage prostitutions or encounters intended to have sex or actions similar to sex, and other indecent actions, or exchanging e-mail addresses in order to carry out the above listed actions;
(13) Posting information (including providing links) that leads the viewers to a dating service website, pornographic website, or other illegal or harmful websites;
(14) Posting Post Contents that leads to or encourages discrimination with respect to race, ethnic groups, gender, social status, religion, or belief;
(15) Posting false facts or information or other Post Contents that may result in misunderstandings or confusions of a third party;
(16) Grossly harmful, harassing, blasphemous, hateful, relating or encouraging money laundering or gambling;
(17) Harm minors in any way;
(18) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(19) Threatens the unity, integrity, defense, security or sovereignty of any country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(20) Taking offensive actions to the public policy;
(21) Using the Post Contents acquired through the WEAR out of the range of private use;
(22) Using the WEAR for commercial purposes (provided, however, that this shall not apply if the Company provides a prior consent);
(23) Using the WEAR for the purpose of obtaining, compiling, retaining, selling, distributing, or publicizing the personal information of third parties without receiving a prior consent from the Company and the relevant third party; or
(24) Taking any other actions that the Company reasonably determines to be inappropriate for the management and operation of the WEAR.

Article 5. Changes in Services and Suspension or Discontinuance of the Operation

1. The Company may change all or part of the services constituting the WEAR at its own discretion.

2. The Company may provide the Users fee-charging services related to the WEAR. In this event, if the User applies for the use of the fee-charging service, the User shall comply with the terms of use of the fee-charging service separately prescribed by the Company.

3. The Company may suspend or discontinue all or part of the operation of the WEAR under any of the following circumstances.
(1) When the Company conducts a scheduled or urgent maintenance or checkup of the computer system;
(2) When providing the WEAR becomes impossible or difficult due to unpredictable matters such as fires, blackouts, natural disasters, wars, civil wars, insurgencies, riots, or labor disputes;
(3) When providing the WEAR becomes impossible or difficult due to the malfunction of the computer system, unauthorized accesses from third parties, or infections with computer viruses;
(4) When the suspension or discontinuation of the WEAR is requested by administrative organs, judicial organs, or other public organs, based on considerable reasons; or
(5) When the Company otherwise reasonably determines that the suspension or discontinuation of the system is necessary.

4. In the event of suspending or discontinuing the WEAR pursuant to the preceding Paragraph, the Company shall make efforts to announce to the Users, or notify the Users of, the matter in a way the Company considers to be appropriate such as posting a prior notice on the WEAR or sending electronic mails to the Users in advance. However, this may not be applicable if the prior announcement or notification is reasonably impossible or difficult, or if the matter is urgent.

5. The Company shall not assume any liability for the damages, if any, incurred by the Users due to the suspension, discontinuation, or changes in services of the WEAR.

Article 6. Termination of Services, etc.

1. The Company may terminate all or part of the services constituting the WEAR at its own discretion.

2. In the event of terminating all or part of the services pursuant to the preceding Paragraph, the Company may suspend the publication of the Post Contents included in the terminating proportion.

3. The Terms shall cease to be effective if all the services constituting the WEAR are terminated or the User ends the use of the WEAR for a certain reason (including but not limited to, the suspension of use or account deletion under Article 2, and the cancelling registration under Article 3); provided, however, that Article 1, Article 2.5 to 2.7, Article 3.1 and 3.2, Article 4, Article 5.5, Article 6, Article 7, Article 8, Article 9, Article 11, Article 12, and Article 13 shall remain in effect.

Article 7 Disclaimer

1. The Company shall make efforts to assure the security of the services constituting the WEAR and fix and improve the bugs in the server, software, etc. to a commercially reasonable extent, but shall not guarantee the non-occurrence or absence of such matters for the present and the future.

2. The Company shall make efforts to take appropriate measures, to the reasonable extent of the Company’s techniques, in order to combat the third parties’ actions which are prohibited by the domestic or foreign copyright acts and other regulations, concerning the Post Contents. However, though there may be an infringement concerning the Post Content by a third party, the User shall agree that the Company is not be obligated to demand an injunction against such infringement or claim for compensation for the damages and.

3. In addition to the circumstances in Paragraphs 1 and 2 of this Article and those otherwise stipulated in the Terms, the Company shall not assume any liability for the damages and losses incurred by the User with respect to the following matters.
(1) The contents or the use of the WEAR;
(2) Loss of the registered information or the Post Contents’ data;
(3) The legality, effectiveness, accuracy, certainty, security, and integrity of the goods and services provided on the Seller’s EC Website;
(4) If a link from the WEAR to another website or resource is provided, the contents, use, and result of use of the linked website (including but not limited to, its legality, effectiveness, accuracy, certainty, security, newness, and integrity); or
(5) Measures taken by the Company in accordance with the Terms.

4. Any damage such as direct damage, indirect damage, contingent damage, incidental damage, or punitive damage shall be subject to the disclaimers set forth by the Company in the Terms. However, if the disclaim to such damage is denied pursuant to the acts and regulations of the country the User lives in, the Company’s liability shall be limited to the extent acceptable at most in accordance with the act or the regulation.

Article 8. Monitoring

1. For the purpose of the legal and healthy operation of the WEAR, the Company shall reserve the right to monitor the Users’ use of the WEAR by the Company itself or a third party to which the Company separately delegates a task and the Users shall agree to the monitoring; provided, however, that this Article shall not oblige the Company to perform such monitoring.

2. If the Company reasonably determines through the monitoring under the preceding Paragraph that the Post Contents breach the Terms or other regulations separately prescribed by the Company, it may close or delete all or part of the Post Contents without prior notification to the User. The Company shall not assume any liability for the damages or losses, if any, incurred by the User due to such measure.

Article 9. Intellectual Property Rights, etc.

1. The Company shall exclusively reserve, worldwide, the pictures, texts, designs, logos, videos, programs, ideas, banners, and music provided through the WEAR, information included in the topics and news shown on the WEAR and e-mail magazines, and all related intellectual property rights. However, with respect to the Post Contents posted by the Users, their rights shall vest in the User or a holder of a legal right to use them.

2. The Users shall upload only Post Contents which they are authorized to use and alienate, and to legally and effectively post and register.

3. The Users shall grant the Company and its related companies the right to use all or part of the intellectual property rights of the Post Contents, free of charge and on a non-exclusive basis worldwide, to the extent necessary for the services separately provided by the Company and its related companies. The right shall be used for the WEAR, advertisements of the services operated by the Company, and projects of the Company or its related companies.

4. If any dispute arises between the User and a third party due to the User’s breach of the provisions in this Article, the User shall settle such dispute at its own expense and responsibility and shall not cause any damage, loss, or expense to the Company. If any damage, loss, or expense is incurred by the Company, the User shall compensate or pay for such damages, losses, or expenses.

Article 10. No Assignments of Rights and Obligations

Without the prior written consent from the Company, the Users may not assign, transfer, or pledge to a third party, or otherwise alienate its contractual status or any rights or obligations under the Terms.

Article 11. Severability

Though any of the stipulations in the Terms may become invalid or illegal, such invalidity or illegality shall not, in any sense, affect the other stipulations in the Terms or their interpretations and applications, damage their legalities and effectiveness, or void them.

Article 12. Governing Law

The Terms shall be governed by the laws of Japan. Regardless of its reason, if the application of the laws of Japan is unaccepted upon the application or the performance of the Terms, the intent and stipulations of the Terms shall be respected to the utmost extent and disputes shall be settled under the Terms.

Article 13. Jurisdiction

The Tokyo District Court shall be designated as the exclusive court of jurisdiction for the first instance for all disputes arising in relation to the Terms.

Article 14. Contact us

If you have any questions about the Terms or how to exercise your rights, please contact at WEAR Customer Support Center (the officer in charge: Mineki Okura) at member@wear.jp.

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