Article 1 (Application of the Terms of Use)

1.   The purpose of these Terms of Use is to set forth the terms and conditions for the provision of the Services as well as the relationship regarding the rights and obligations between the Company and the Users with respect to the Services. These Terms of Use shall apply to any and all relationships between the Users and the Company pertaining to the Services.

2.   Any rules and Q&As (hereinafter, “Rules”) posted by the Company on the website for the Services with respect to the use of the Services as well as any notices from the Company to the Users via email or a similar form of communication (hereinafter, “Notices”) constitute a part of these Terms of Use.

3.   The Rules will come into effect when posted by the Company on the website for the Services, and the Notices will come into effect when the e-mail or a similar form of communication is sent by the Company.

4.   In the event that there is any inconsistency between these Terms of Use and the Rules, Notices, or any other descriptions of the Services other than those set out in these Terms of Use, the provisions of these Terms of Use shall supersede and apply.

Article 2 (Registration of Use)

1.   Any person who desires to use the Services (hereinafter, an “Interested Person”) may apply to the Company for registration to use the Services by agreeing to comply with these Terms of Use and by providing certain information designated by Company (hereinafter, the “Registration Entries”) in a manner designated by the Company.

2.   The Company shall review the registration of an Interested Person who has made an application for registration (hereinafter, “Applicant”), and shall issue a “User ID” if it permits registration. Registration of the Applicant as a User of the Services shall be considered complete upon issuance of a “User ID”.

3.   An agreement on the use of the Services shall have been formed between the User and the Company at the time of the completion of the registration set forth in the preceding paragraph, after which the Services shall be available to the User in accordance with these Terms of Use.

4.   The Company may refuse registration or re-registration of an Applicant or suspend use by a User, if any of the following applies. The Company shall have no obligation to disclose the reason(s) for such refusal or suspension.

• (1) There is any false statement, error, or omission with respect to all or a part of the Registration Entries provided to Company;
• (2) The person is under the age of eighteen (18), an adult ward, or a person with a legal guardian, custodian, or other similar arrangement, and has not obtained the consent or similar permission or approval from his/her guardian, custodian, or other similar person with legal rights over that person;
• (3) The person is part of a “boryokudan” crime syndicate, “boryokudan” affiliated company, “sokaiya” racketeer group, a group engaging in criminal activities under the pretext of conducting social campaigns or political activities, a crime group specialized in intellectual crimes, or any other person similar to any of the foregoing or who is a member thereof (hereinafter, the “Anti-social Forces”), or is deemed by the Company to have any relationship with these Anti-social Forces;
• (4) The Interested Person has breached any agreement with the Company in the past, or is deemed by the Company to be a related party thereto;
• (5) The person has been subject to any actions described in Article 8; or
• (6) Any other case where the Company considers it inappropriate to register the person for the Services.

Article 3 (Change of Registration Entries)

  In the event that any change occurs to the Registration Entries, the User shall notify the Company of such Registration Entries in a manner designated by the Company without delay.

Article 4 (Management of Password and User ID)

1.   The User shall appropriately manage and keep his/her User ID and password for the Services and at his/her responsibility, and shall not allow the use of, lease, assign, sale, or purchase of his/her User ID and password to any third party.

2.   Any login for which the combination of a User ID and password is consistent with the registered information shall be deemed by Company to be the use by the User himself/herself who has registered the relevant User ID.

3.   The User shall be responsible for any damage caused by inadequate management, erroneous use, or a third party’s use of his/her password or User ID, and the Company shall have no responsibility therefor.

Article 5 (Posting of Text/Graphics on the Services)

1.   The User may only post or edit text on the Services for which he/she owns the copyright or similar intellectual property rights, or for which he/she has obtained the necessary approval of the right holder(s).

2.   The User may post cosplayer, cosplay props, or other forms of graphic data and images relating to cosplay (hereinafter, the “User’s Images”) on the Services using the method of uploading designated by the Company, provided that such User’s Images do not fall under any of the items below (User’s Images posted on the Services shall hereinafter be referred to as the “Posted Images”):

• (1) The User has not obtained permission from the subject, photographer, or editor of User’s Images, or any other person who has rights such as a copyright to User’s Images (hereinafter, “Co-holder of Right”) regarding his/her posting of the User’s Images on the Services, if any such Co-holder of Right exists other than the User;
• (2) The User’s Images are irrelevant to cosplay, such as where the User’s Images include only landscapes or animals;
• (3) The User’s Images are illustrations;
• (4) The User’s Images only include photographs of off-the-shelf articles; or
• (5) The User’s Images are in violation of laws and regulations.

3.   The User shall tick an “adult only (18 years or older)” check box to post any User’s Images which contain sexual or violent expressions such as those listed in any of the items below which may be inappropriate for those younger than 18 years old to view:

• (1) Images which are suggestive of sexual acts, genitals, or other sexual matters;
• (2) Images that display or expose the body in a suggestive manner; or
• (3) Images depicting violent acts, highly dangerous acts, or other similar acts.

4.   In the event that the Posted Images contain sexual or violent expressions, the Company may, at its sole discretion, restrict access or take similar action regarding the Posted Image for Users younger than 18 years old.

5.   In the event that any of the following items applies to any text or Posted Images posted by the User, the Company may, without approval of the User, suspend the posting of, change the privacy range of, or delete such text or Posted Images posted by the User.

• (1) The Co-holder of Right has requested suspension of the post or deletion of the Posted Images;
• (2) The Posted Images fall under any of the items in Paragraph 1 of this Article;
• (3) The Posted Images fall under any of the items in Paragraph 2 of this Article, but the check box for “adult only (18 years or older)” has not been ticked; or
• (4) The Company considers that the text or the Posted Images posted by the User infringes on the rights of any third party.

6.   Users who post Posted Images shall represent and warrant to Company that the information in the Posted Images does not infringe on the rights of any third party. In the event that any issue occurs, such as where the Posted Images infringe on the rights of any third party, the relevant User shall resolve the issue at his/her expense and responsibility and shall not cause any damage to the Company.

Article 6 (Intellectual Property Rights)

1.   The copyright to the texts or Posted Images posted or edited by the User using the Services shall be reserved by the relevant User or other existing right holder(s); provided, however, that the Company has the worldwide, non-exclusive, free, sub-licenseable, and assignable right to use, reproduce, distribute, translate, or create derivative work with respect to the text or Posted Images posted or edited using the Services. (In exercising this right to use, the Company or any third party authorized by the Company may make necessary modifications, remove, alter, reproduce, or edit, the Posted Images and may omit the name.) User shall neither exercise the moral right of an author nor have the author exercise his/her moral right of an author with respect to this use.

2.   Except as set forth in the body of the preceding paragraph, all copyrights and other intellectual property rights with respect to the Services and any information relating to the Services shall belong to the Company or the right holder(s) who allowed the Company the use thereof, and the User shall not reproduce, assign, lease, translate, alter, reprint, send to the public (including making transmittable), transmit, distribute, publish, create derivative works, or reverse engineer them without approval.

Article 7 (Prohibited Conduct)

  The Company prohibits the following conduct of the Users in using the Services (hereinafter, the “Prohibited Conduct”):

• (1) Conduct in violation of or which threatens to violate of these Terms of Use or laws and regulations;
• (2) Conduct that infringes on the intellectual property rights, other proprietary or personal rights, or privacy of, or defames the Company or any third party which grants a license to the Company;
• (3) Conduct that causes or may cause prejudice or damages to the Company, other Users, or third parties;
• (4) Fraudulent access to the Services, distribution of computer viruses, conduct that imposes an excessive burden on the server of the Services, or other conduct that hampers the normal operation of the Services;
• (5) Criminal conduct or conduct that may lead to or encourage criminal conduct;
• (6) Conduct or conduct threatening to pretend to be another User or any other third party;
• (7) Conduct or conduct threatening to deceiving third parties by posting false information;
• (8) Conduct that directly or indirectly provides benefits to Anti-social Forces through the use of the Company’s Services;
• (9) Posting or sending excessively violent images or other expressions, sexually explicit expressions, expressions which may lead to discrimination based on race, nationality, creed, sex, social status, family origin or the like, or expressions which contain anti-social content and cause discomfort in others;
• (10) Excessive sales, promotions, advertisements, solicitation, or other conduct aimed at commercial profit;
• (11) Use of the Services for the purpose of engaging in sexual or obscene acts, seeking out inappropriate relationships with other Users, harassing, abusing, or defaming other Users, pyramid schemes, or for any other purpose that is different from the purpose of use contemplated by the Services;
• (12) Soliciting others to join, participate, or engage in religious activities or organizations;
• (13) Conduct that results in harm to the credit of the Services; or
• (14) Any other conduct considered by the Company to be inappropriate.

Article 8 (Restriction on Use and Deregistration)

  In the event that any of the following occurs to the User, the Company may, without notifying the User, restrict the User’s use of all or a part of the Services (including suspension of the ability to post, change of privacy range, or deletion of text and Posted Images posted by the User) or halt the User’s use of the Services and deregister such User. In this case, the Company shall not be liable for the compensation of damage incurred by the User, if any.

• (1) The User has engaged in the Prohibited Conduct listed in Article 7;
• (2) The User has not used the Services for a period of one (1) year or longer;
• (3) The User has not responded for thirty (30) days or longer to the Company’s inquiry or other communication requiring an answer; or
• (4) Any other case considered by the Company to be inappropriate.

Article 9 (Withdrawal)

  User may withdraw from and deregister the Services by notifying the Company in the manner designated by the Company.

Article 10 (Suspension of Services)

1.   In the event that any of the following occurs, the Company may suspend all or a part of the Services:

• (1) Maintenance and inspection for the Services become necessary;
• (2) The Services have become unavailable due to emergency situations such as natural disasters;
• (3) Communications line used for the Services have been halted or disconnected; or
• (4) Any other cases where the Company has determined that suspension of the Services is necessary.

2.   The Company shall not be liable for compensation of damages incurred by the User, if any, due to the suspension of the Services in the preceding paragraph.

Article 11 (Termination of Services)

  Company may change the content of the Services or terminate a provision of all or a part of the Services without notifying the Users, and shall not be liable for compensation of damages incurred by the User due to such change or termination.

Article 12 (Disclaimer of Warranty and Immunity)

1.   The Company does not guarantee that the texts and Posted Images posted by the User will be saved on the Services.

2.   The Company does not guarantee the integrity, accuracy, reliability, usefulness, or fitness for particular purpose of any content of the Services or information or the like obtained by the User through the Services.

3.   The Company does not guarantee that the Services operate without any interruption.

4.   The Company shall have no obligation to compensate User for any interruption, suspension, termination, unavailability, or change of provision of the Services by the Company, deletion or disappearance of text and Posted Images posted by the User on the Services, deregistration of the User, breakdown of or damage to devices due to the use of the Services, or any other damage incurred by the User in relation to the Services (hereinafter, “User’s Damages”).

5.   In the event that Company shall be liable for User’s Damages, it shall have no obligation to compensate the User for any incidental, indirect, special, or anticipated damages, or damages pertaining to any lost profit.

6.   The Company shall neither have any involvement with nor be liable for any disputes between the User and another User(s) or third party arising from the Services.

Article 13 (Compensation of Damages)

  With respect to the use of the Services, the Company is entitled to commence a legal action against the User for damages (including a reasonable amount of attorney’s fees) which it incurred due to reasons attributable to such User.

Article 14 (User Information)

1.   When the Company has obtained any information from the User, it shall conform to the Privacy Policy which it separately sets forth, and the User agrees that the Company will handle the User’s information in accordance with the Privacy Policy.

2.   The Company may, at its discretion, use the information, data and similar information provided by the User to the Company as statistical information by which individuals cannot be identified, and the User shall not make any objection against such use.

Article 15 (Non-assignment of Rights)

1.   Except where prior written approval has been obtained from the Company, the User may assign neither its status as a user nor any rights to the Company pertaining to the use of the Services.

2.   In the event that the Company transfers to others its business which involves the Services (not only through business transfer but also by other methods of transferring a business such as by a corporate split), it may assign to the transferee along with such business transfer its status concerning the use of the Services, its rights and obligations under these Terms of Use, and the information of the Users including the Registration Entries, and the Users shall hereby give consent to such transfer in advance.

Article 16 (Change of Terms of Use)

  The Company may change these Terms of Use, as it deems necessary, at any time without notifying the Users. The modified Terms of Use shall come into force at the time it is posted on the website for the Services.

Article 17 (Severability)

  In the event that any part of these Terms of Use is judged to be null and void or unenforceable based on the Consumer Contract Act or any other law or similar regulation, the remaining provisions of these Terms of Use as well as the remaining portion of the provision which has been judged to be null and void or unenforceable shall continue in full force and effect.

Article 18 (Language)

  In the event that there is any inconsistency between the Japanese version and the versions in other languages of these Terms of Use, the Japanese version shall prevail.

Article 19 (Governing Law and Jurisdiction)

  These Terms of Use shall be interpreted under the laws of Japan. Any disputes arising in connection with the Services or these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court for the first instance.