Terms of Service for the Software Application "Purenista"
Cocone V (hereinafter referred to as "the Company") sets forth the relationship of rights and duties between the Company and you in regards to the use of the software application "Purenista" (hereinafter referred to as "the Application") within this Terms of Service agreement (hereinafter referred to as "the Terms"). The Terms represent a binding agreement between you and the Company regarding your use of the Application. The Company grants permission for use of the Application only to those customers who have carefully read and consented to the Terms in their entirety.
1. Consent to the Terms
- The Terms are intended to stipulate rights and duties between the Company and you regarding use of the Application, and are applied in dealings between you and the Company.
If you are a minor, please make sure to get consent from a legal guardian such as a parent before using the Application. This also applies to other customers who do not possess the ability to take legal action on their own behalf (referred to collectively hereinafter as "Minors"). Minors who do not have the consent of a legal guardian or parent cannot use the Application and must cease to do so at once. Any continued use of the Application by a Minor will be viewed as a legal guardian or parent having agreed to the Terms and Provisions.
3. Application of Terms
In the event that, in accordance with law, a portion of the Terms and Provisions is determined to be invalid, illegal, impossible to enforce, or not consented to, only the portion that was determined to be invalid, illegal, impossible to enforce, or not consented to shall lapse, with all other terms contained herein remaining in effect. If determined to be invalid, illegal, or impossible to enforce according to the laws of a specific jurisdiction, the portions in question shall lapse only in said jurisdiction with no influence on the efficacy of the terms and provisions in other jurisdictions. Furthermore, even if all or a portion of the Terms and Provisions become invalidated or are otherwise revoked in relation to a specific customer, the Terms and Provisions shall maintain their validity in relation to other customers.
4. Changes to the Terms
- The Company reserves the right to change, without the consent of the customer, the Terms and Provisions at any time in the following instances.
(1) If the changes to the Terms and Provisions would be in the best interests of the customer.
(2) If the changes to the Terms and Provisions do not go against the intent of the agreement, and are reasonable in view of the necessity of said changes, the suitability of the Terms after changes have been made, or other conditions concerning the changes.
- When making changes to the Terms and Provisions as described in the preceding paragraph, the Company shall, by the effective date of the revised Terms and Provisions, provide notice of the Company's intent to revise the Terms and Provisions, details of the changes to be made, and the effective date of said changes through the notifications function of the Application.
- Any continued use of the Application after these changes have been made will be viewed as you having agreed to the updated Terms and Provisions.
2. Ownership of Copyright and Other Rights
- (1) All intellectual property rights, including copyright, concerning the Application belong to the Company or to a third party that possesses fair authority. You may not use the Application in any manner beyond the scope of use of the Application defined herein. Excluding situations stipulated within the Terms and Provisions, you are forbidden from, without the explicit permission of the Company, committing any acts involving the Application that infringe upon the rights of the Company or a third party in possession of the copyright to the Application, including reproduction, editing, alteration, analysis, presentation to the public, broadcasting, exhibition or display, distribution, transfer, loan, translation, adaptation, transmission, reprinting, recording, sub-licensing, and registration or application of rights.
- (2) The avatars, avatar outfits, ornaments, and peripheral items (and any other content, including video or animated content, hereinafter referred to as "Customer Content") provided within the Application shall be considered to have been loaned to the customer by the Company. The customer is granted permission to display combinations of this content within the Application, but all power of copyright for Customer Content belongs to the Company. If you place Customer Content on display within the Application, you shall abide by the stipulations of the Terms and Provisions.
- (3) There may be situations where the Company establishes platforms for the exchange of Customer Content between customers, or establishes platforms for customers to give and transfer equivalent value to each other. Such exchanges or transfers shall be considered to be exchanges or transfers of "the position to borrow content from the Company and display said content within the Application" and not a bestowal of any further rights beyond that (including but not limited to rights of ownership). Furthermore, the Company does not condone or bear any form of responsibility for exchanges or transfers between customers made without the use of platforms established for such purposes.
3. Customer Responsibilities
- (1) You shall agree that your use of the Application is under your own responsibility, and that you bear full responsibility for any actions, outcomes, and losses connected to your use of the Application.
- (2) You shall bear sole responsibility and financial liability for resolving any infringements upon the rights of others (including businesses and other organizations) resulting from your use of the Application, with the Company bearing no responsibility whatsoever.
- Infringements upon the rights of others include, but are not limited to, the following situations.
- Injury to another's reputation (including acts of expression using symbols in place of censored words; the same applies below).
- Defamation, libel, or insulting another person.
- Violation of another person's privacy (for example, publishing another person's name, identity, address, telephone number, affiliation to a school or organization, or any other personal information that could be used to identify them).
- Infringing upon the copyrights, trademarks, or likeness rights of another person.
4. Prohibited Matters
You are prohibited from committing any of the following acts while using the Application.
- (1) Displaying information, content, or created video on the Application that includes any of the following.
- Content that infringes upon, or has the possibility to infringe upon, the copyrights, trademarks, right of privacy, likeness rights, reputation, or any other rights of a third party.
- Content that includes matters affecting the privacy of a third party.
- Content that includes the personal information of a third party (including another person's name, identity, e-mail address, physical address, telephone number, affiliation to a school or organization, or any other details that could be used to ascertain their identity). This includes, but is not limited to, instances of use of the name of the contributor of a post or the details of a post.
- Content that includes pornographic imagery, overt sexual depictions, or other forms of obscenity.
- Content of a violent or grotesque nature that is uncomfortable to the general public.
- Content that obstructs the healthy development of children or adolescents by inciting or encouraging criminal behavior or acts of violence or cruelty.
- Content that violates, or has the possibility to violate, laws or public order and morality.
- Content including depictions that could be used to discriminate against the race, nationality, creed, gender, or social status of another person.
- Content including depictions that incite or encourage suicide, acts of self-harm, substance abuse, or use of illegal drugs.
- Slander, defamation, accusations, discriminatory remarks, or other inappropriate content made towards the Company or specific companies, corporations, organizations, regions, or individuals.
- Sending or displaying spam messages (the same or similar content or messages in repetition) on the Application.
- Content intended to establish in-person encounters or relationships with individuals that one is not acquainted with.
- Content that supplies profit to, or otherwise cooperates with, criminal groups or individuals.
- Any other content deemed inappropriate by the Company in light of planned purpose of use of the Application.
- (2) Use of the Application in any manner other than those approved by the Company.
- (3) Solicitation or guidance for the financial gain of applications or services of other companies, or for illegitimate purposes not permitted by the Company.
- (4) Alteration, disassembly, decompiling, or reverse engineering of the Application.
- (5) Modification of the Application and use of emulators, bots, mods, unofficial add-ons, and/or altered software.
- (6) Creating bugs within the Application, or otherwise exploiting or proliferating bugs within the Application for personal benefit.
- (7) Using the Application for commercial or business purposes beyond personal use.
- (8) Infringing upon, or acting in a manner that has the possibility to infringe upon, the copyrights, trademarks, right of privacy, likeness rights, reputation, or any other rights of a third party.
- (9) Exchanging your right to use in the Application for the right to use of another user, cash, or another form of financial gain through means other than those approved by the Company.
- (10) Actions that violate law, public order and standards of decency, or the Terms and Provisions.
- (11) Any other actions deemed inappropriate by the Company in light of the operation of the Application.
- (1) The Company does not guarantee the Application's accuracy, validity, applicability, usefulness, or performance, the Application's intended purpose and compatibility with equipment used, and any and all other similar matters. Even in instances where the customer suffers losses connected to the Application, the Company shall bear no responsibility for any losses incurred by the customer or third parties in relation to the Application, excluding cases where said losses are the result of bad faith or gross negligence on the part of the Company.
- (2) The Company retains the right to change and/or suspend any or all of the services provided in the Application without prior notice.
6. Customer Obligations
- (1) The customer shall abide by any laws and regulations related to the Application (including, but not limited to, the Foreign Exchange and Foreign Trade Act, and any other relevant acts).
- (2) To ensure safe use of the Application, the Company will at times inspect the content and post history of customers in order to confirm compliance with the Terms and Provisions as well as relevant laws and regulations. However, the Company shall not bear any obligation to confirm customer compliance with the Terms and Provisions.
- (3) If, as a result of a violation of the Terms and Provisions on the part of the customer, the Company or a third party suffers losses, the customer shall make reparation for said losses.
- (4) You acknowledge that your use of the Application is at your own volition (and, in the case that you are a Minor, that you have obtained the consent of a legal guardian or parent), and that, if a dispute should arise with a third party in relation to your use of the Application, you bear full responsibility and financial liability for the resolution process of said dispute, and will not cause any form of damage or loss to the Company.
- (5) In the event that the Company determines you have violated, or are likely to violate, the Terms and Provisions, the Company reserves the right to take appropriate measures to correct said violation without serving any prior notice. Appropriate corrective measures refer to the following, but in some instances may include other methods.
- Notify, warn, or report to the authorities.
- Reject content the offending customer is trying to create, or remove (hide) offending posts from the view of other customers.
- Delete some or all of the offending customer's content (or suspend said customer's ability to publish content).
- Suspend or close the offending customer's account.
- Restrict, suspend, or revoke some or all rights of use.
- Note that while corrective measures on the part of the Company can remove some or all of a customer's rights of use on the Application (including, but not limited to, Customer Content), the offending customer shall have no ability to voice any form of objection to said measures, and the Company bears no responsibility for any losses suffered by the offending customer. Furthermore, in the event that a customer's account is deleted, the customer shall lose any and all right to use the Application and have no ability to recover said account.
- (6) If more than a year passes since a customer's last use of the Application, the Company reserves the right to, at the Company's own discretion, delete or suspend the account of said customer, or take any other measures deemed appropriate.
7. Prohibition of Transfer of Rights and Obligations
The customer must not, excluding instances where prior approval has been granted by the Company, assign, or offer collateral for, their position as a customer or the rights and obligations of said position within the Application.
8. In-Game Currency
- (1) Customers have the ability to purchase in-game currency for use within the Application. The Company retains the right to set the purchase price of in-game currency, and change the price of this currency without prior notice.
- (2) The Company may, through campaigns or similar events, give customers in-game currency at no cost. In the event that both premium and free versions of in-game currency exist, any free in-game currency will be spent first.
- (3) Customers must not exchange in-game currency with others, or for cash or other forms of economic profit (except in those instances approved by the Company).
- (4) Absolutely no refunds can be issued for in-game currency for any reason. However, this does not apply to those instances deemed necessary by law or ordinance.
- (5) If more than a year has passed since a customer's last login, the Company retains the right to, without the consent of said customer, invalidate any remaining in-game currency without compensation.
- (1) The Company will respect the customer's privacy. In providing the Application, the Company will collect the following information (hereinafter referred to as "Customer Information") for the purposes stipulated below.
- Account name (which may be your real name in some instances) and other profile information (greeting and so on): To foster harmonious use of the Application and amicable communication between customers.
- E-mail address: To respond to inquiries from customers and distribute prizes or products when conducting surveys or campaigns within the Application.
- Date of Birth: To foster harmonious use of the Application and amicable communication between customers, and to gather statistics and analysis for customer surveys.
- Name, address, telephone number, and gender: To gather statistics and analysis for customer surveys, and to distribute prizes or products when conducting campaigns within the Application.
- Device model, OS version, and user agent: To respond to certain types of customer inquiry, to make improvements in order to provide better service, and to prevent cheating that blocks identity confirmations or provision of proper service.
- Service use information (Cookies, access logs [IP address, browser type, browser language, etc], location information, advertising identifiers [Google Advertising ID, etc])
- Cookies: Saving user settings and similar information, in order to improve customer convenience, for security purposes such as maintaining and safeguarding sessions, and to improve the service by analyzing number of visits, forms of usage, and customer scale as it pertains to use of the Application.
- Access logs (IP address, browser type, browser language, etc): To make improvements in order to provide better service by analyzing customer scale, and to prevent cheating that blocks identity confirmations or provision of proper service.
- Location information: To provide a friend suggestion feature using customer location information
- Advertising identifiers: To measure customer traffic and behavior, and to distribute and display advertising to customers, as well as measure advertising effectiveness.
11. Applicable Law
Japanese federal law shall apply to the establishment, efficacy, enforcement, and resolution of the Terms and Provisions.
12. Court of Jurisdiction
All disputes arising from the Terms and Provisions that are brought to suit shall be subject exclusively to the Tokyo District Court as the court of first instance.