Article 1 (Purpose)
These terms of use shall define the conditions when a Member (as defined in Article 2) uses the service titled “CocoPPa Play” provided by Plus U, Inc.
Article 2 (Definitions)
Definitions of terms used in these terms of use are the following:
(1) “the Company” shall mean Plus U Inc.,.
(2) “this Service” shall mean all the services provided by “CocoPPa Play” which Company operates.
(3) “Member” shall mean a person or non-individual who acknowledges these terms of use and applies to use this Service and is approved by the Company in accordance with the procedures that the Company designates.
(4) “Company-provided Information” shall mean the information such as documents, images and data, etc. which the Company posts to this Service.
(5) “Coins” shall mean the virtual currency issued by the Company and utilizable in the Service with or without consideration by which the Members can obtain the license to use the Company-provided Information provided by the Company for consideration.
Article 3 (Scope of application)
When the Company provides this Service, notices or announcements, etc. of the conditions of use or the precautions, etc. to the Members shall also constitute a part of the terms of use, and if the contents of such notices or announcements, etc. are different from the provisions of these terms of use, such notices or announcements shall prevail.
Article 4 (Amendments to the terms of use)
1. The Company shall be entitled to amend these terms of use when necessary. The amended terms of use shall be deemed to have been accepted by the Members one week after the announcement of such amendment on this Service or by notices or announcements the Company considers appropriate and the terms of use for the Members shall be deemed to have been effectively amended unless the Members delete their registration of membership.
2. The Company may assign its status in the terms of use of this Service to a company which succeeds to the business of this Service in the future. In case of the assignment process of the status of the Company, the former Section shall apply mutatis mutandis.
Article 5 (Terms of Use)
1. The Service shall mean any and all services, including, but not limited to, information collection service, browsing service, messaging service, community service, games and any other services provided by the company through “CocoPPa Play.”
2. Any person or non-individual who wants to become a Member shall agree to the terms of use and apply for a membership registration in accordance with the procedures designated by the Company.
3.The Company will determine whether to accept the application for registration after conducting necessary procedures; provided, however, the Company can decline the application for registration and shall not bear any obligation to disclose to an applicant the reasons for declining.
4.In case the Company approves the application according to the former Section, the applicant for registration becomes a Member and a contract containing the terms of use shall be executed between the Member and the Company. Even after the Company’s approval, in case the Company determines that a person or non-individual is inappropriate to use this Service, the Company can cancel the approval. The Company shall not bear any obligation to disclose the reasons for not granting or canceling the approval.
Article 6 (Notification of Change)
1. Members shall be responsible to keep the registered information to the Company accurate and up-to-date. In case there is a change in the registered information, Members shall quickly notify such change to the Company in a manner separately designated by the Company.
2.The Company assumes no responsibility if Members fail to provide notification as prescribed in the preceding Section and suffer from disadvantages such as an inability to use this Service.
Article 7 (Loss and Cancellation of Membership)
1. If a Member falls under any of the items below, the Company can immediately stop the use of all or part of this Service or terminate the provision of this Service without prior notice and can cancel the eligibility of Membership and the Member will lose the eligibility to use this Service. In addition, the Company does not assume any obligation to disclose the reason of cancelation to those whose eligibility to use this Service was canceled.
(1) When the Company determines that a Member conducted acts prescribed in each Item of the Section 1 of Article 16 or those that may fall into the categories of those acts.
(2) When there is an error in the content of application or registered information.
(3) When the same person or non-individual has duplicate membership registrations; provided, however, the Company may allow the same person or non-individual to hold multiple accounts when required under the activities in this Service such as differentiation by name or product and to the extent that such use is not contrary to the terms of use.
(4) When a Member pretends to be another person or non-individual.
(5) When a person falls in the category of an adult ward, a person under curatorship or a person under assistance, and has not obtained such consent from guardian of adult, curator or assistant (including the case where the decision of the commencement of guardianship was rendered).
(6) If the Company deems that a Member breached or threatened to breach this Agreement.
(7) If a Member does not access this Service for more than a year.
(8) Otherwise, if the Company deems that a Member is ineligible as a Member or deems that it is difficult to maintain the person or non-individual as its Member.
2. If usage eligibilities are lost due to any of the items in the preceding Section, the said Member shall lose the right to receive all the services provided through this Service. If the said Member has made a re-registration application, the Company may not accept the said application.
3. The Company can delete or modify all or part of the information and the Coins of the Member who has lost eligibility in accordance with Section 1 of this Article, and the Company shall not be held responsible for any losses arising out of or in connection with such deletion or modification conducted by the Company. In addition, the Company does not assume any obligation to disclose the reasons of deletion or modification to the Member whose information or Coins have been modified or deleted in whole or part by the Company.
Article 8 (Suspension and/or Deletion of Account)
1. When a Member wants to withdraw, such Member needs to undertake the procedures designated by the Company.
2. Article 7, Sections 2 and 3 shall also apply when a Member withdraws according to this Article.
Article 9 (Terminal Management)
1. Member shall bear responsibility for administering the terminal and payment information for the use of the Service.
2. Member shall bear all responsibility for any and all damages or losses arising out of or in connection with the misuse of the terminal by the said Member and/or use of the terminal by third parties, and the Company shall not bear any responsibility for such damages or losses in any way.
3. Activities accompanying the use of the password in this Service, including acts and use by third parties other than the Member itself, are deemed to be done by such Member and such Member shall bear all the obligations and responsibilities arising from such use and acts.
Article 10 (Use of this Service)
1. Members can use the following services that the Company offers.
(1) Posting Service
-Members can display avatars, dress-up items, and/or other data of images by utilizing and combining the Company-provided Information and can evaluate the images displayed by other Members.
(2) Comment Service
-Members can personally communicate with other Members through this Service on the bulletin board of CocoPPa Play.
(3) Other additional services the Company offers
Article 11 (Posting and Providing Information)
1. In case that a Member slanders any third party's reputation or violates any third party's copyright, privacy, image right or any other rights in connection with the use of the Service and accordingly any disputes arise between the said Member and other Members or any third party, said Member shall at its own responsibility and expense settle such disputes. The Company shall not bear any responsibility for any of the preceding matters.
2. Where the Company deems that the use of the Service by a Member falls under any of the following cases, the Company may amend or delete all or a part of the information posted, uploaded, or stored through the Service by the Member (hereinafter collectively referred to as “Posting”) without obtaining the approval of the Member who posted the information. The Company shall not bear any responsibilities for the damages arising from the above acts of the Company. The Company shall not bear any obligation to disclose to the Member the reasons why the Company amended or deleted all or a part of the information posted by the said Member.
(1) Posting false information.
(2) Abusing a particular person, shop or entity.
(3) Acts deemed to fall under the each Item of the Section 1 of the Article 16 (1).
(4) Any claim of right by third party against a Member regarding the information posted by such Member.
(5) Conducting any other acts which the Company deems inappropriate or necessary to stop posting.
3. The Company shall not guarantee the completeness, accuracy, lawfulness, adequateness for the purpose and novelty, etc. for any advertisements to be displayed and shall not bear any liability thereto. Members shall be solely responsible for its viewing of any sites linked with the posted advertisement or using the advertised applications.
4. The Company shall not guarantee nor be held liable for the completeness, accuracy, lawfulness, adequateness for the purpose, novelty or non-infringement, etc. of the Company-provided Information.
Article 12 (Intellectual Property Rights, etc.)
1. Copyrights and other rights of any and all information provided to the Members in this Service shall belong to the Company or the third party who owns such rights.
2. Notwithstanding the situations where phrases such as “Purchase” and the like appear in this Service, the Company shall not transfer the intellectual property rights and any other right concerning the Company-provided Information to Members and the Company grants the Members rights only within the scope of the Company designated, non-transferrable, non-re-licensable and non-exclusive license solely for the purpose of using this Service.
3. Members are prohibited to use (including copy, modify, transmit, reproduce, etc.) the Company-provided Information beyond the scope of the manner designated by the Company.
4. When Members post copyrighted work, etc. they created through this Service, Members shall grant the Company and other users the license to use such works through this Service without consideration and the Company may use same without consideration for the purpose of the advertisement, etc and the Member shall not exercise the moral rights of the author.
5. Members are prohibited to post any copyrighted works posted in this Service to any other websites in any manner other than approved by the Company.
6. If any problem, such as infringement of any third party's intellectual property rights, occurs in connection with the information which was made by the Member, the Member shall at its own cost and responsibility resolve such problem.
7. If any problem arises as a result of a breach of any provisions of this Article, the Member shall at its own cost and responsibility resolve such problem and hold Company harmless from any troubles or damages.
Article 13 (Sales of the Company-provided Information)
1. The Company may sell some of the Company-provided Information for consideration to Members.
2. Members can obtain the license of the Company-provided Information (“Paid Company-provided Information”) by paying the price the Company separately designates and announces in this Service by the payment methods the Company designates.
Article14 (Coins)
1. Coins are granted to the Members who make a “Purchase” in this Service or in other ways designated by the Company. The Company shall separately designate and announce in this Service the units, payment methods and the other conditions for granting the Coins.
2. Coins shall be exchanged only for the Paid Company-provided Information and other contents or services designated by the Company and cannot be exchanged or used for any other content, services, cash or any other benefits. The Company shall separately designate and announce in this Service the number of Coins required for receiving the Paid Company-provided Information and other conditions to use the Coins.
3. The Company will not convert the Coins into cash or reissue the Coins for any reasons. The Company will not refund the Coins for any reasons other than when obliged by the laws and regulations or when the Company agrees to a special permission.
4. When the Company terminates or interrupts this Service according to Article 17 or when the membership is lost or canceled according to Article 7, the remaining Coins shall terminate after the announcement period prescribed in Article 17, Section 3. In addition, the Members cannot additionally purchase the Coins in the announcement period.
5. Members shall not pass, transfer, or lend their Coins to other Members except in special cases prescribed by the Company.
6. Paid coins shall be deemed as Prepaid Payment Instruments subject to the Payment Services Act (Act No. 59 of 2009,Japan) .Any other digital information purchased by means of Prepaid Payment Instruments is considered to be consumed when it is acquired. Therefore, it is no longer deemed as Prepaid Payment Instruments when the settlement process has been completed.
Article 15 (Charges)
1. As stated in the preceding two Articles, Members shall pay the charges the Company separately designates and announces in this Service by the payment methods designated by the Company regarding the consideration for the using of the Paid Company-provided Information, or for obtaining the Coins with consideration. However, when the Company provides special permission, Members can pay the charges by Coins for the amount equivalent to such charges.
2. The Company will not return the charges for any reasons except when a return of the charges is obligated by the laws and regulations.
3. Upon purchasing the Paid Company-provided Information or the Coins, minors are required to obtain the prior consent from their parents, attorneys for minors, etc.
Article 16 (Prohibitions)
1. Members shall not do the following acts when using this Service:
(1) Acts which fall under the provisions of the each Item of the Section 1 of the Article 7.
(2) Acts infringing or threatening to infringe any third party's or the Company’s intellectual property rights, including copyrights and trademark rights, image rights, publicity rights and other rights.
(3) Acts which the Company deems to be violating or threatened to violate other Member's, any third party's or the Company’s property or privacy.
(4) Acts which the Company deems to be impairing or threatening to impair or damage to other Members, any third parties or the Company.
(5) Acts abusing, slandering or damaging the credit of, or threatening to abuse, slander or damage the credit of other Members, or any third parties or the Company.
(6) Acts which are not approved by the Company and are aimed for gaining profits or preparing to gain profits by using this Service.
(7) Acts deemed by the Company to be or threatened to be offensive to public order and morals such as posting pornographic copyrighted works, etc.
(8) Acts transmitting or enabling to transmit a malicious computer virus or programs.
(9) Acts which will or may result in or which the Company deems to be threatened to result in criminal action.
(10) Pretending to be a third party to use this Service.
(11) Acts to register, file or publish false information.
(12) Double registration of memberships by a single person. Notwithstanding the foregoing, cases especially permitted under Article 7 are excluded.
(13) Acts to hinder the management of this Service.
(14) Defaming the Company or this Service.
(15) Acts deemed by the Company to be violating or threatened to violate laws or regulations.
(16) Acts based on business or commercial use purpose without the Company’s permission.
(17) The use of this Service by companies, organizations or other non-individual entities without the Company’s permission.
(18) Other acts deemed by the Company to be inappropriate.
2. Members cannot dispose of all or a part of the rights of themselves as Members by means of, without limitation, assignment, sale, lease, or securitization to any third parties.
3. If any problems arise due to any of the acts as set forth in the preceding two Sections of this Article, Member shall at its own expense and responsibility resolve such problem and shall hold the Company harmless from any trouble or damage.
Article 17 (Alteration, Interruption or Termination of This Service)
1. The Company is entitled to alter, add, terminate, or assign to any third party all or a part of the operation of this Service without giving prior notice to the Members.
Provided that, if the Company terminates this Service entirely, the Company will give prior notice to the Members of such termination by means which the Company deems appropriate.
2. The Company may interrupt or terminate all or a part of the operation of this Service at its discretion, if any of the following occurs:
(1) Natural disaster, coup or similar emergency occurs or is threatened to occur;
(2) When system maintenance for this Service is periodically or urgently conducted;
(3) When any obstacles occur in the electronic communication system installed by the Company;
(4) When the Company deems it necessary, for example, when other inevitable incidents occur.
3. When the Company interrupts or terminates all or a part of the operation of this Service due to any of the reasons as set forth in the preceding Section, the Company will give prior notice to the Members in a way the Company deems appropriate, including by means of this Website; provided, however, in case of emergency, the Company need not give such prior notice.
4. Irrespective of any reasons, the Company shall not bear any responsibilities for any damage to any third parties due to alteration, interruption or termination of all or a part of the operation of this Service.
Article 18 (Installations)
1. If any failure occurs to any of the Company’s installations or this Service, or it becomes known to the Company that such installations have been lost or damaged, the Company shall strive to promptly repair or recover such installations. In such a case, even if it causes any damage to Members or third parties, the Company shall not bear any responsibilities.
2. Each Member shall at its own expense and responsibility make this Service available by setting necessary communication devices, software or other devices necessary for connecting and arranging, setting and operating a connecting environment and other necessary items.
3. If a Member finds any error in installments or in this Service during the use of this Service and requests Company to repair or restore for such error, Member should check if there is any error in its installations beforehand.
Article 19 ( Handling of personal information)
1.UNITED,Inc. may collect your personal information and additional information relating to you when you use our services.
2.We deal with your personal information and additional information relating to you accordingly to our Privacy Policy indicated in the App. All the users who use our services are to have consent to our Privacy Policy.
Article 20 (Disclaimers)
1. The Company shall not assure nor be responsible for the completeness, accuracy, legality, adequateness for a particular purpose, novelty or non-infringement of third party’s rights of any and all information provided by means of the content of this Service or by means of this Service itself.
2. The Company cannot assure safe storage of all the information and data, etc. provided by the Company through this Service or of all the information and data, etc. which are posted by the Members. The Company shall not bear any liabilities if such information or data, etc. are lost.
3. The Company shall not bear any liabilities for the delay, alteration, interruption or abolition of this Service, or loss or leak of information registered or provided through this Service, and also shall not bear any liabilities for any damage caused to any Member or third party in connection with this Service.
. If a Member damages another Member or third party in connection with the use of this Service, or should a Member have a dispute with another Member or third party, such Member shall resolve such problem at its own costs and responsibility, and shall hold Company harmless from any trouble or damage. If the Company suffers any damage due to such dispute, such Member shall indemnify the damage of the Company.
5. The Company shall not guarantee the operation status of the computer system used to provide this Service and shall not bear any responsibilities for any and all damages caused by any reasons such as computer system errors.
6. The Company shall not bear any liabilities for any damages caused to computers, peripheral equipment, lines or software through using this Service, downloading or infection with a computer virus from the Website of this Service.
7. In case the Company shall bear responsibilities to indemnify for the damages to the Members according to the term of use, excluding when the Company is willful or grossly negligent, the scope of damages which Company shall indemnify shall be limited to that of direct and actual damages to the Members and such damages shall be limited to the total amount of received charges from the Member in this Service in the particular calendar month in which such damages occurred.
Article 21 (Jurisdiction)
1. If any problem arises in connection with this Service between a Member and the Company, both parties shall engage in discussions to resolve such problem in good faith.
2. If the dispute cannot be resolved between the parties and accordingly litigation is filed, the Tokyo District Court shall be the exclusive competent jurisdiction in the first instance.
Article 22 (Languages)
These terms of use are written in Japanese as the original language and translated into English and other languages merely for the sake of Member's convenience.
If there are inconsistencies between the Japanese version and versions in other languages, the Japanese version will prevail over other translated versions.
Article 23 (Governing Law)
The governing law of this Agreement shall be the laws of Japan.
Miscellaneous
These terms of use shall apply from February , 2013.