Terms Of Use

[Article 1 Definitions]

• CUUSOO
  {A registered trademark applying to web sites or services which are operated by the Company, where a User has independently proposed an idea or an idea has been proposed in respect of a company's product or service, and colleagues are assembled to aim at product commercialization.}
• Contents
  A general title applying to information obtainable from the Services.
• User
  All or any Users (hereinafter "User(s)") who use the Services regardless of whether registered or not.
• Personal Information
  Information concerning a User when the name, birth date or other item included in such information enables identification of a specific User.

[Article 2 Terms of Use]

• By using the Services provided by the Company, a User consents to these Regulations, and all the terms of these Regulations apply whenever such User uses the Services.
• Each of the specific guidelines applied when any User uses an individual service comprises a part of these Regulations.
• If there is a discrepancy between a term of these Regulations and a term prescribed in the guidelines for an individual service, the guideline prescribed for the individual service shall have priority.

[Article 3 Use of Services Requiring Registration]

• The following conditions must be observed in respect of any service requiring ID registration for use.
• A party wishing to perform ID registration for a Service must deliver to the Company via the Internet or the like a registration application in the format specified by the Company containing the correct required items concerning the User.
• When the Company receives such an ID registration application, it may perform the examinations required for such application. The User bears full responsibility for the use and management of an ID and the Company bears no responsibility whatsoever for any loss sustained by a User due to use of a User's ID by a third party regardless of any malice or negligence on behalf of the User or not.
• If the Company determines by an examination, whether before or after the fact, that any of the following applies to a registration applicant, it may delete the content of the User application of such applicant and may refuse all future use of services by such User.
• • The party making the application is not a genuine entity.
  • The party making the application does not have an e-mail address capable of receiving and sending messages.
  • That at the time of making the application the party concerned is subject to measures to withhold eligibility for registration due to an infringement of these Regulations or has been subject to measures implemented by the Company due to a regulations infringement in the past.
  • The party making the application has intentionally declared an incorrect item during its application.
  • In the case of the party making the application being a minor, a person adjudged incompetent, a person under care or requiring assistance, the application procedures were not performed by a guardian of the minor, or, at the time of the application, consent was not obtained from the relevant legal representative, supervisor or assistant.
  • The party making the application is associated with any organization (such as a gang or the like) involved in antisocial behavior.
  • The party making the application is determined by the Company as inappropriate to be considered eligible for registration.
• A User must conform to these Regulations when using a service requiring registration.

[Article 4 Preparing the Use Environment]

• A User must prepare communications equipment and software required to use the Services and all other necessary equipment ancillary thereto at the User's own responsibility and expense and provide these in a condition enabling use of the Services. Further, a User must, at the User's own responsibility and expense, connect to the Internet at the User's discretion, via either an electronic communications service or electronic communications circuit.
• Referring to information provided by the relevant governing authorities, a User must maintain security systems pertinent to the User's own use environment to prevent computer virus infections, illicit access, information leakage, and the like.

[Article 5 Principle of Individual Responsibility]

• A User bears full responsibility for use of the Services by the User and for all actions and results arising due to use of the Services.
• If a User causes loss to be suffered by the Company or a third party due to use of the Services by the User or by any action arising due to use of the Services (including any loss suffered by the Company or a third party due to failure by a User to discharge the User's obligations under these Regulations), such User must compensate the injured party for its loss at the User's own responsibility and expense.

[Article 6 Prohibition on Transfer]

• A User may not transfer any of the User's rights received through provision of the Services to any third party, nor sell such rights, effect a name change with respect to such rights, make such rights the subject of any pledge, or perform any other action by which such rights are used as collateral.

[Article 7 Privacy]

• Information registered by a User and information concerning a User acquired by the Company (hereafter "User Information") must be handled appropriately in accordance with the Company's Privacy Policy.
• User information and information concerning a User acquired through a specific service from among a range of services provided by the Company may at times be used in the provision by the Company of another specific service.
• In addition to matters prescribed in the Privacy Policy, a User consents to display of the User's nickname or icon photograph or the like to other Users when necessary for the use of the Services.
• The Company may use Personal Information within the ambit of the following use objectives.
• • Use of information on the attributes of a User (hereinafter "User Attributes Information") such as postcode, gender, occupation, age, services used or products purchased until the present, pages and advertisements viewed, use time bands, usage and use environment or the like, in order to improve User convenience through customization of advertisements or Contents viewed on a page of the Services to suit a particular User.
  • Use of User Attributes Information in order to make services and advertisements provided more suitable for all Users, or to enrich and improve such services and advertisements, to assist in investigating new services and to discover participants for questionnaires.
  • Statistical information concerning User Attributes may be used in the provision of services by an advertiser, or information or services provider. Information that specifies a particular individual however cannot be included in analysis results.
  • Information concerning the name of a User, the User's address, contact details and services used in the past and the like may be used to encourage a User to modify and peruse the User's own registration information and to peruse the User's use conditions.
  • Contact information of a User such as the User's e-mail address or address or the like may be used in order to notify a User about services, deliver a User a prize or product or make contact as necessary.
  • Information such as the name, address, birthdate, or telephone number or the like of a User may be used in order to confirm the identity of the User.
  • In order to facilitate more convenient data input by a User, information registered for the Services may be displayed on an input screen or a User may be directed to other services etc. in response to the User's own instructions.
  • An ID or nickname may be displayed in order to identify which Users are posting and creating pages etc. for the Services.
  • Information that specifies an individual User such as name or address may be used in order to stop use by a User who has infringed the Terms of Use such as by causing another User or a third party to sustain loss, or who intends to use the Services for an inappropriate or improper objective.
  • The details of a contact made by a User, User Attributes Information, information used to provide a service a User has inquired about or contact information etc. may be used in order to respond to an inquiry made by a User.
• The Company may entrust the handling of Personal Information within the extent required for the performance of the above use objectives to a delegate.
• When it is necessary for the Company to present or disclose Personal Information to a third party, it must notify the User concerned in advance and obtain the User's consent for such use objectives while providing information concerning the third party to which disclosure or presentation of such Personal Information is to be made.
• Notwithstanding the preceding clause, the Company may present or disclose Personal Information in the following circumstances.
• • When procedures for specific performance apply based on the Code of Criminal Procedure Article 218 (seizure, search or inspection of evidence under warrant) or any other law or, presentation or disclosure of Personal Information is permitted within the ambit of such required performance.
  • When the conditions for a request for disclosure based on the Specified Electronic Communications Services Provider Liability Limits and Transmitted Information Disclosure Law Article 4 (requests for disclosure of information on a transmitting party etc.) are fulfilled, the Company may present or disclose Personal Information within the ambit of such displayed request.
  • When the Company decides it is necessary for the protection of life, body or property, it may present or disclose Personal Information to the extent necessary for such protection.

[Article 8 Prohibitions]

• A User may not do any of the following through use of the Services. If any of the following comes to apply to a User, the Company may peremptorily delete such User.
• Perform any clearly excessive act such as any proposal or comment that disturbs the peace (including any web page link to a page that includes such acts).
• Perform any act that infringes, or that raises concerns about an infringement of, the intellectual property rights, such as copyright rights or trademark rights, of the Company, another User, or a third party.
• Perform any act that infringes or that raises concerns about an infringement of the property, privacy or portrait rights of another User or a third party.
• Provide any information that would enable a third party viewing it to identify a specific individual such as the name, address, telephone number or e-mail address of a certain individual.
• If a single User uses a plurality of e-mail addresses to acquire multiple IDs in order to increase their number of votes or reservations etc.
• If a User acquires an ID in the place of another User whose ID has been stopped or rendered invalid.
• Perform any act that discriminates against or slanders another User or a third party or that damages the reputation or trust placed in another party.
• Performs any act or distributes any information that injures the reputation or brand image of the Company or any third party associated with the (Company's) Site.
• Performs any act to tamper with or delete information that can be accessed or information of another company.
• Performs any act to impersonate the Company or another party (including any act to modify a part of a mail header or the like to produce a title).
• Delivers any malicious computer program or the like or performs any act to place another party in such condition that they may receive such program etc.
• Performs any pre-election or election activities (including any act similar thereto) or any act that infringes the Public Offices Election Law.
• Performs any act to deliver to another party, without invitation, any advertisement, publicity or enticement via e-mail or delivers any e-mail inciting hateful emotions (including any e-mail that prompts fears of the same), performs acts to inhibit another from receiving e-mail, requests the forwarding of a chain e-mail, or participates in the forwarding of e-mail in response to such a request.
• Makes any illicit access to the equipment of another party or equipment used for the Services (including here and hereafter any communications equipment, computers or other equipment or software used by the Company for providing the Services) or performs any act that impedes the use or operation of such equipment etc. such as a port scan, DOS attack or bulk e-mail delivery (including any act that prompts fears of same).
• Acts to distribute information, equipment or software etc. for the purpose of removing or avoiding server access control functions etc.
• Acts to acquire Personal Information of another party without obtaining consent from such party or through fraudulent means (i.e. phishing or any means similar thereto).
• Undertakes business activities using the Services, uses the Services for a profit objective or in preparation of such objective (hereafter jointly referred to as "Business Activities") without obtaining prior consent from the Company.
• Acts to use the Services when there is a legal requirement to undertake procedures to obtain notification and receive permission from the competent governing authorities without complying with such procedures, or any act in connection with use of the Services otherwise in breach of any law or which raises concerns regarding a breach of law.
• Performs any act to obstruct operation of the Services, any act to prevent the sharing or exchange of information initiated by another User or a third party or performs any act such as destroying trust or infringing property rights that disadvantages the Company, a User or other party.
• Performs any act that substantially inhibits the Company in the performance of its work such as making long telephone calls to the Company, repeatedly making troublesome inquiries or forceful approaches to the Company without justification or reason.
• In addition to the above, perform any act in breach of a law or these Regulations or any act that breaches public order (including displaying or transmitting brutal images or information that could encourage or incite violence, or disseminating a particular religion).
• Forming a link for the objective of encouraging viewing of data showing any action corresponding to any of the above described actions (including where such action is performed by another party).
• Performing any other act determined by the Company as inappropriate.

[Article 9 Restrictions on Use]

• If any of the following apply to a User, the Company may restrict the use of the Services by such User without obtaining the User's consent.
• • If the Company determines that there is concern that a third party may suffer injury contributed to by a User through such User's providing of a route for bulk e-mail transmission or worm-type virus infections.
  • If a User performs a prohibited act as prescribed in Article 8 and no improvement is seen after the Company has issued a warning.
  • If contact cannot be made with a User by telephone, fax or e-mail.
  • If any article posted to a User by the Company is returned to the Company.
  • In addition to the above, if the Company determines that a User is inappropriate.
• The Company bears no responsibility howsoever for any loss sustained by a User due to such User being unable to use the Services as a result of the Company applying measures prescribed in the preceding clause.

[Article 10 Deletion of Data]

• If data accumulated in equipment used for the Services by a party that has acquired User status and an ID but who has no ID when data is deleted or a party subject to a temporary suspension of use (hereafter all of which parties are referred to as "User Etc.") exceeds the Company prescribed data duration or volume for the particular service, the Company may delete such data without issuing prior notice to such User Etc. Further, the Company may delete data registered in equipment used for the Services by a User Etc. without issuing prior notice to the User Etc. when necessary for maintenance and management or operation of the Services.
• The Company bears no responsibility in respect of deletion of data etc. in accordance with the preceding clause.

[Article 11 Temporary Interruption]

• The Company may temporarily suspend provision of the Services in whole or in part without issuing prior notice to a User in any of the following circumstances.
• • When performing regular or emergency maintenance on equipment used for the Services.
  • If the Company is unable to provide the Services due to a fire or power outage etc.
  • If the Company is unable to provide the Services due to a natural disaster such as an earthquake, volcanic eruption, flood or tsunami etc.
  • If the Company is unable to provide the Services due to war, civil disturbance, riot, disorder or industrial dispute.
  • If the Company decides it is necessary to temporarily interrupt the Services for operational or technical reasons.
• Except where specified otherwise in these Regulations, the Company shall bear no responsibility howsoever for any loss sustained by a User or third party caused by any interruption or delay in the provision of the Services in whole or in part due to any of the preceding circumstances or for any other reason.

[Article 12 Terms of Use Infringements]

• If the Company determines that any action of a User infringes these Regulations the Company may at its own discretion and without notice to such User, make changes to or delete Contents transmitted via the Services, temporarily stop service to such User, delete the User's registration or render the User's registered ID invalid, or deny the User access to the Services.
• Any notification by the Company to a User regarding whether or not there has been an infringement of these Regulations will be made by delivery to the User's registered e-mail address.
• If, due to circumstances affecting a User, an e-mail sent from the Company does not reach the User, such e-mail will still be deemed to have reached the User
• The Company will not admit any questions or complaints concerning any action it takes in accordance with this Article.

[Article 13 Liability]

• The Company bears no responsibility howsoever for any loss sustained by a User arising due to use of the Services.
• If a User causes loss to a third party through the User's use of the Services, such User shall compensate for loss at the User's own responsibility and expense.
• The Company bears no responsibility howsoever for any loss occurring due to inability to use the Services as a result of any failure, error or problem etc. arising in the Services.
• The Services and Contents are what the Company can provide at a particular time. There is no warranty guaranteeing the completeness, accuracy, appropriateness or usefulness of information provided by the Company or any material or software etc. registered by a User.
• Disclosure and deletion of all proposals are the responsibility of the User who made the proposal. The Company bears no responsibility howsoever for any loss sustained due to a registered proposal being unable to be viewed because the relevant User has been deleted or has withdrawn.
• The Company bears no responsibility howsoever in the event that data of the Services is destroyed due to some external cause (system breakdown etc.).
• In the use of the Services, links may be made to a web site of another company, or resources, or a web site such as a personal blog or the like. In such cases, the Company does not manage such site or resource and bears no responsibility howsoever for any loss (either direct or indirect) sustained due to or in connection with any Content, product or services etc. that can be used via such site or resource.
• Any transaction via the web site of another company entered via a link from the Services is made at the responsibility of the User concerned and such company. The Company bears no responsibility howsoever for any loss sustained due to a transaction performed via a web site of another company accessed via a link from the Services or caused due to the linking itself.

[Article 14 Change to Services]

• The Company may alter the content, interrupt or discontinue its services without prior notice at any time it deems it necessary. Where the content to be altered is an important element of a service, the Company will endeavor, but without guarantee, to provide a warning in advance to the relevant registered e-mail address or via its operated web site.
• The Company bears no responsibility howsoever for any disadvantage sustained by a User due to any alteration of the content, interruption or discontinuation of the Services.

[Article 15 Changes to Registration Application Items]

• If any changes arise relating to an essential item to be recorded at the time a User filed the User's registration application with the Company such User must promptly notify the Company of the details.
• The Company bears no responsibility howsoever for any delay, nonarrival or failed implementation of any notification or other item from the Company caused due to failure by a User to notify the Company of any changes to the User's details.

[Article 16 Changes to These Regulations]

• The Company may change or amend these Regulations at any time, without notice to Users.
• Users will be deemed to have acknowledged changes made to these Regulations from the point in time at which the changes are displayed on the site.

[Article 17 Contents Sent by Users]

• All intellectual property rights inherent in Content sent (transmitted) by any User belong to the Company. A User may not exercise moral rights.
• Any claim or inquiry arising due to or in connection with Content sent (transmitted) by any User, any connection or use of services by any User, any breach of these Regulations or any infringement of the rights of any third party by a User must be resolved entirely at the expense and responsibility of the User.
• If the Company incurs any expenses in connection with any claim or inquiry as envisaged in the preceding clause, or if the Company is required to pay any compensation in such a case, the User involved bears responsibility for any such expenses or compensation monies as well as legal expenses incurred by the Company, and the Company may request payment from such User for the total amount.
• In the operation of the site the Company may instruct a User to amend or delete Contents the User has sent (transmitted). When so requested, the User must promptly comply.

[Article 18 Property and Ownership Rights]

• All property rights to information and Content included in the Services, including anything sent (transmitted) by any User, belong to the Company.
• The property rights to any information or Content from among what has been sent (transmitted) from a User, that infringe on the property rights of any third party, belong to such third party and any claim or inquiry arising in connection or due to such rights infringement is handled subject to Article 17.
• Any information or Content from among what has been sent (transmitted) by a User the property rights which belong to the Company can be freely duplicated, disclosed, transmitted, distributed, transferred, lent, translated, adapted, authorized for use, reproduced or reused, including any such cases as may have a profit objective, by the Company or an associate authorized by the Company to use such information or content, and the User may not offer any objection.
• All Content in the Services as well as any content posted or provided in an advertisement included in the Services content includes items which are protected under the Copyright Law, the Trademark Law and the Design Law etc.
• The Services and all software used in connection with the Services include all business secrets and property rights protected under laws etc. covering intellectual property rights.
• Except where authorized in advance in writing by the Company, a Company associate, a sponsor or advertiser or, when permitted in accordance with the guidelines applicable to each service, all Users, agree that they may not duplicate, disclose, transmit, distribute, transfer, lend, translate, adapt, authorize for use, reproduce or reuse services, software associated with the Services or any content included therein. Further, all Users acknowledge in advance that, if they infringe this clause, the Company has the right to prohibit any such content or individual information (data) or aggregation of such information (data) or software, as well as any duplication, disclosure, transmission, distribution, transfer, loan, translation, adaptation, authorization for use, reproduction or reuse of same, and the Company may request payment to it of all profits acquired through such activities by such infringing Users.

[Article 19 Cancellation of Registration]

• A User wishing to cancel the User's registration must notify the Company by the prescribed method.
• Registration eligibility is a personal right accruing to a specific individual; thus from the time the Company learns of the death of a User, it may treat this as having received notification of cancellation of that User's registration.

[Article 20 Contact and Notifications]

• When the Company determines that it is necessary to notify or contact a registered User it may do so using e-mail.
• Except where prescribed otherwise in these Regulations, when a User wishes to contact the Company the User should do so by contact via e-mail to the appropriate address. The Company does not accept contact via telephone or visitation. Please make any contact via the respective e-mail address recorded for the respective service or operation.

[Article 21 Court of Jurisdiction]

• If any dispute should arise between a User and the Company the agreed exclusive Court of first instance is the Tokyo District Court.

[Article 22 Applicable Law]

• These Regulations are subject to and must be interpreted in accordance with the laws of Japan.

[Supplement]

• 12/22/2006 Amended/implemented
• 07/20/2007 Amended
• 05/07/2008 Amended
• 07/28/2008 Article 3, Clause 4, No.6 added