Last Updated on April 1, 2018
Legislated on October 31, 2013
3. WEAR is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions, Japan and the other countries that WEAR app is available to be downloaded (the “Territories”). By using WEAR, a User represents and warrants that he or she is of legal age to form a binding contract with the Company and meets all of the foregoing eligibility requirements. If a User does not meet all of these requirements, such a User must not access or use WEAR. The Company makes no claims that WEAR or any of its content is accessible or appropriate outside of the Territories. Access to WEAR may not be legal by certain persons or in certain countries. If the User accesses WEAR from outside the Territories, the User does so on his or her own initiative and are responsible for compliance with local law.
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 WEAR, or by sending e-mails to the Users. All changes are effective immediately when the Company posts them, and apply to all access to and use of WEAR thereafter. A User’s continued use of WEAR following the posting of revised Terms means that the User accepts and agrees to the changes. The User is expected to check this page from time to time so he or she is aware of any changes, as they are binding on the User.
Article 1. Definitions
The capitalized terms used herein shall have the meaning as follows:
(1) “Users” collectively means anyone who uses WEAR in any manner including viewing WEAR.
(2) “Member” means any User who has applied to be registered as a Member and has been approved by the Company, provided that they have 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 log in to WEAR such as IDs, e-mail addresses, and passwords. (4) “Post Contents” means the contents posted on WEAR by the Users.
(5) “Seller’s EC Website” means the designated EC website where the Users may buy goods posted on WEAR, by directly moving to the EC website from 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 applied to be registered as a Member of WEAR. If any of the following matters arise after completing membership registration, the Company may, without any prior notification, suspend the relevant User’s use of WEAR, delete the User’s account, or take other measures that 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 WEAR (including but not limited to, when the User is subject to regulations due to 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 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 WEAR) provided by the Company.
(6) When the Company otherwise reasonably decides that the approval of the registration shall be inappropriate regarding the operation and management of WEAR.
2. If there is no indication of disapproval from the Company with respect to the application, the User applying for WEAR membership shall be deemed to have been approved as a Member when the screen moves on to the next screen.
3. Unless the Company provides 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 their Login Information and shall assume all liabilities on its management.
5. If the Login Information, in relation to access to WEAR, is identical to the Login Information registered to the Company when applying for membership registration or changing the Login Information after 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 caused by using such Login Information.
6. If any or all of the Member’s information registered to the Company has changed, the User must 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 WEAR, or deletion of their account in accordance with this Article, the Company shall suspend the publication of the Post Contents posted by such User.
9. If the User chooses, or is provided with, a user name, password, or any other piece of information as part of the Company’s security procedures, the User must treat such information as confidential, and the User must not disclose it to any other person or entity. The User also acknowledges that his or her account is personal to him or her and agrees not to provide any other person with access to WEAR or portions of it using his or her user name, password, or other security information. The User agrees to notify the Company immediately of any unauthorized access to or use of his or her user name or password or any other breach of security. The User also agrees to ensure that the User exits from his or her account at the end of each session. The User should use particular caution when accessing his or her account from a public or shared computer so that others are not able to view or record his or her password or other personal information.
10. The Company has the right to disable any user name, password, or other identifier, whether chosen by the User or provided by the Company, at any time in its sole discretion for any or no reason, including if, in its opinion, the User has violated any provision of these Terms.
Article 3. Cancelling Registration
1. The User may cancel 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 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 he or she may lose all the rights and opportunities granted with respect to WEAR including but not limited to, the right to receive any of the services provided in relation to 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 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 WEAR, delete the User’s account, or take other appropriate measures at the Company’s discretion.
(1) Announcing, advertising, or publicizing that 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, that the Company has not given 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 WEAR.
(5) Unauthorized usage of 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 may infringe on intellectual property such as copyrights, trade secrets, know-how, portrait rights, moral rights, 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.
(12) Taking actions that solicit, induce, or encourage prostitution 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 beliefs.
(15) Posting false facts or information or other Post Contents that may result in misunderstandings or confusion of a third party.
(16) Grossly harmful, harassing, blasphemous, hateful, related to or encouraging money laundering or gambling.
(17) Harming minors in any way.
(18) Software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
(19) Threatening 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 WEAR out of the range of private use.
(22) Using WEAR for commercial purposes (this does not apply if the Company provides prior consent).
(23) Using WEAR for the purpose of obtaining, compiling, retaining, selling, distributing, or publicizing the personal information of third parties without receiving prior consent from the Company and the relevant third party.
(24) Taking any other actions that the Company reasonably determines to be inappropriate for the management and operation of WEAR.
Article 5. Changes in Services and Suspension or Discontinuance of Operation
1. The Company may change all or part of the services constituting WEAR at its own discretion.
3. The Company may suspend or discontinue all or part of the operation of 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 operating 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 operating 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 WEAR is requested by administrative agencies, judicial agencies, or other public agencies, based on considerable reasons.
(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 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 WEAR, or sending e-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 WEAR.
Article 6. Termination of Services, etc.
1. The Company may terminate all or part of the services constituting WEAR at its own discretion.
2. In the event of terminating, regarding all or part of the services pursuant to the preceding Paragraph, the Company may suspend the publication of the Post Contents included up until termination.
3. The Terms shall cease to be effective if all the services constituting WEAR are terminated or the User ends use of 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). However, Article 1, Article 2.5 to 2.7 and 2.9, Article 3.1 to 3.3, Article 4, Article 5.5, Article 6, Article 7, Article 8, Article 9, Article 10, Article 12 Article 13 and Article 14 shall remain in effect.
Article 7 Disclaimer
1. The Company shall make efforts to assure the security of the services constituting 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 third party 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 damages.
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 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) Linked content from WEAR to another website or resource regarding 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).
(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 prohibited 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 WEAR, the Company shall reserve the right to monitor the Users’ use of 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: (1) close or delete all or part of the Post Contents without prior notification to the User; (2) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and/or (3) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of WEAR. The Company shall not assume any liability for the damages or losses, if any, incurred by the User due to such measure.
3. Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through WEAR. THE USER WAIVES AND HOLDS HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
4. The Company cannot review all material before it is posted on WEAR, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Article.
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 WEAR, information included in the topics and news shown on WEAR, 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. The Terms permit the Users to use WEAR for his or her personal, non-commercial use only. The Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on WEAR, except as follows:
•The User’s computer or phone may temporarily store copies of such materials in RAM incidental to the User’s accessing and viewing those materials.
•The User may store files that are automatically cached by the User’s Web browser or phone for display enhancement purposes.
•The User may print or download one copy of a reasonable number of pages of WEAR for the User’s own personal, non-commercial use and not for further reproduction, publication or distribution.
•If the Company provides desktop, mobile, or other applications for download, the User may download a single copy to the User’s computer or mobile device solely for the User’s own personal, non-commercial use, provided the User agrees to be bound by the Company’s end user license agreement for such applications.
2. The User must not modify copies of any materials from WEAR or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from WEAR. The User must not access or use for any commercial purposes any part of WEAR or any services or materials available through WEAR.
3. If the User prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of WEAR in breach of the Terms, the User’s right to use WEAR will stop immediately and the User must, at the Company’s option, return or destroy any copies of the materials the User has made. No right, title, or interest in or to WEAR or any content on WEAR is transferred to the User, and all rights not expressly granted are reserved by the Company. Any use of WEAR not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
4. The Users shall upload only Post Contents which they are authorized to use and to legally and effectively post and register.
5. 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 by WEAR, advertisements of the services operated by the Company, and projects of the Company or its related companies.
6. The Company name, the terms, trademark of WEAR, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. The User must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this WEAR are the trademarks of their respective owners.
7. Any Post Contents the User posts to WEAR will be considered non-confidential and non-proprietary. By providing any Post Contents on WEAR, the User grants the Company and its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to the User’s account settings. The User represents and warrants that:
•The User owns or controls all rights in and to the Post Contents and has the right to grant the license granted above to the Company and its affiliates and service providers, and each of their respective licensees, successors, and assigns.
•All of the User’s Post Contents do and will comply with these Terms.
8. 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 their 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.
9. The information presented on or through WEAR is made available solely for general information purposes. The Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance the User places on such information is strictly at the User’s own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by the User or any other visitor to WEAR, or by anyone who may be informed of any of its contents. WEAR includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to the User or any third party, for the content or accuracy of any materials provided by any third parties.
Article 10. Disclaimer of Warranties, Limitation of Liability and Indemnification
1. The User understands that the Company cannot and does not guarantee or warrant that files available for downloading from the internet or WEAR will be free of viruses or other destructive code. The User is responsible for implementing sufficient procedures and checkpoints to satisfy the User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Company’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY 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 THE USER’S COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO THE USER’S USE OF WEAR OR ANY SERVICES OR ITEMS OBTAINED THROUGH WEAR OR TO THE USER’S DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
2. THE USER’S USE OF WEAR, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH WEAR IS AT THE USER’S OWN RISK. WEAR, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH WEAR ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF WEAR. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT WEAR, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH WEAR WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE COMPANY’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT WEAR OR ANY SERVICES OR ITEMS OBTAINED THROUGH WEAR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
3. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
4. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE, OR INABILITY TO USE, WEAR, ANY WEBSITES LINKED TO IT, ANY CONTENT ON WEAR OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. The User agrees to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or the User’s use of WEAR, including, but not limited to, your Post Contents, any use of WEAR’s content, services, and products other than as expressly authorized in these Terms or the User’s use of any information obtained from WEAR.
Article 11. 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 12. 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 13. 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 14. Jurisdiction and Limitation on Time to File Claims
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. ANY CAUSE OF ACTION OR CLAIM THE USER MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR WEAR MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Article 15. Contact us
If you have any questions about the Terms or how to exercise your rights, please contact the WEAR Customer Support Center (the officer in charge: Mineki Okura) at https://wear.jp/contact/