These Terms and Conditions set forth the terms and conditions for providing the Service and the rights and obligations between the Company and Users of the Service. You must read and agree to the entire Terms and Conditions before using the Service.
Article 1 Applicability
- The purpose of these Terms and Conditions is to set forth the terms and conditions for providing the Service and the rights and obligations between the Company and the Users. These Terms and Conditions shall apply to all aspects of the relationship between you and the Company in relation with the Services.
- Any rules for use of the Services posted on our website shall constitute an integral part of these Terms and Conditions.
- If there is any conflict between these Terms and Conditions and the Rules or any other description of the Services not provided for herein, these Terms and Conditions shall prevail.
Article 2 Definitions
For the purpose of these Terms and Conditions, the following terms shall have the following meanings.
- “Service Agreement” shall mean these Terms and Conditions as well as any other agreements relating to the Services executed between the Company and the User, and said agreements shall take effect at the point consent for these Terms and Conditions is received.
- “IP Rights” shall mean copyrights, patents, utility rights, design rights trademarks, and any other intellectual property rights (including rights to file for the registration of such rights.)
- “Company” shall mean UNIQLO Co., Ltd
- “Company Website” shall mean any website operated by the Company or a Group company.
- “Service” shall mean the app and any services provided by the Company under the name “UTme!” (Furthermore, if at any point the service name or content is modified for any reason, this shall include said modified service and/or content).
- “Market” shall mean a service by which a User lists a design he/she creates for the purpose of selling said design to another user, and another User purchases a product using said design.
- “Registered User” shall mean any person or entity that has been registered as a user of the Service pursuant to Article 3. Users wishing to purchase products shall be referred to as “Buyers” and Users listing their own designs on the Market shall be referred to as “Sellers”.
- “User” shall mean any person or entity that uses the Service.
- “Licensor” shall mean any person or entity with authorized rights to use design materials distributed via the Service.
- “Posted Data” shall mean any content that is posted or otherwise transmitted by the User using the Service (including but not limited to text, images, video and other data). Post Data that is to be purchased by the Buyer shall be referred to as “Data for Purchase” and data listed on the Market by the User shall be referred to as “Listed Data”.
- “Character stickers” shall mean design materials distributed through the Service that consists of works licensed by the Licensor.
- “User Design” shall mean the portion of Posted Data that excludes the Character Stickers.
- “Effects” shall mean functions implemented in the Service applications that can cause design effects to the Posted Data according to the User’s choice.
Article 3 Registration
- A User wishing to use Services shall register by agreeing to comply with these Terms and Conditions and by providing certain information as specified by the Company (the “Registration Information”) via the method prescribed by the Company.
The Company reserves the rights to refuse registration or re-registration without any obligation to disclose the reasons, in the event that any of the following is applicable to the Registered User:
- Any or all of the Registration Information provided to the Company is found to be false, inaccurate or omitted;
- The Candidate is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from the person’s legal representative, guardian, curator or assistant;
- The Registered User is determined by the Company to (i) constitute an Antisocial Force (shall refer to an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity), (ii) assist or be involved in the maintenance, operation or management of an Antisocial Force by way of financing or other means, or (iii) have any interaction or involvement with an Antisocial Force;
- The Registered User was determined to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreements;
- Has been subject to any of the measures under Article 11; or
- The Company otherwise deems the registration to be inappropriate.
Article 4 Change to Registration Information
The Registered User shall promptly inform the Company of any change to Registration Information in accordance with such a manner as prescribed by the Company.
Article 5 Password and E-mail Address Management
- The Registered User shall be responsible for the appropriate management and maintenance of passwords and e-mail addresses related to Services, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- The Registered User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the Registered User’s password or e-mail address by a third party.
Article 6 Special Provisions Related to Product Purchases
- As compensation for product purchases, the Buyer shall pay to the Company such fees as established by the Company and indicated within the Service in accordance with the payment method designated by the Company.
- If the Buyer fails to pay the above fees when due and payable, the Buyer shall be obligated to pay to the Company a default penalty at the rate of 14.6 per annum.
- Depending on the content of the data the Buyer wishes to purchase, the Company might not be able to accept your order.
- The handling of purchase products shall be in accordance with their care label and precautions included with the purchased product.
- In principle, order cancelations and product returns or exchanges are not allowed. However, in cases where the size, color, amount etc., of the received product(s) differs from the ordered product(s), contact us within seven days after delivery of such product(s). If the Buyer fails to contact us within 7 days, product(s) as ordered by the Buyer shall be deemed to have been delivered.
- Please refrain from reselling any of the product(s) you purchased. In the event of reselling (including cases where it is presumed that reselling occurred), the Company may refuse to accept orders from said User.
- If prior consent for the sharing of Posted Data has been received, the Company may introduce the Posted Data on its Website and Company sales promotion materials as an example of Service use.
- When another Buyer purchases a product using listed data, the Company shall pay to the Seller the compensation to be specified separately by the Company in accordance with methods specified by the Company to the payment recipient registered by the Seller.
Article 7 Special Provisions Related to Listed Data
The Registered User may list up to a total of 100 items of Listed Data per month (from the 1st until the end of the month).
Article 8 Prohibited Actions
- When using the Services hereunder, the User may not conduct any of the following acts or any act that the Company determines falls under any of the following;
- Acts that violate any laws or regulations or that are associated with criminal activity;
- Acts that defraud or threaten the Company, other users or other third parties;
- Acts against public order and good morals;
- Acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other users or other third parties;
- Use of the Service to transmit to other Users any of the following information or any transmissions that the Company determines includes under any of the following:
- Excessively violent or cruel content;
- Computer viruses or other hazardous computer programs;
- Content that damages the reputation or the credit of the Company, other users of the Services, or other third parties;
- Excessively indecent content
- Content that encourages discrimination;
- Content that encourages suicide or self-mutilation;
- Content that encourages drug abuse;
- Antisocial content;
- Content for the purpose of dispersing information such as spam or chain mails;
- Content that causes uncomfortable feelings to third parties;
- Content for the purpose of encountering unacquainted persons of the opposite sex;
Article 9 Suspension of the Services
- The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
- Computers or communication lines have been disrupted due to an accident;
- The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- The Company determines that suspension or discontinuance is required for other reasons.
- Excluding cases of malice or gross neglect on the part of the Company, and excluding cases where the User qualifies as a Consumer as defined under the Consumer Contract Act, the Company shall not be liable for any damages incurred by the User arising out of any actions taken by the Company pursuant to this Article. Furthermore, even in cases where the Company bears compensation liability for damages, this shall be limited to damages directly incurred by the User.
Article 10 Ownership of Rights
- Any and all IP Rights related to the Website and the Services are expressly reserved by the Company or the party granting the license to the Company. Nothing related to the user of Services shall be construed as granting to the User a license of the Company website or Services owned by the Company or the party granting the license to the Company.
- The Registered User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and the Posted Data does not infringe any third party’s rights. The User hereby shall receive prior approval to post or otherwise transmit the Posted Data in the event said data contains any of the following. (Furthermore, the following are examples and do not represent an exhaustive list of Post Data requiring licensing.)
- Quotation of any song lyrics, song titles, book passages, etc.
- Names or logos of any public figures, products, companies, brands, famous characters, etc.
- Character illustrations, images, etc. of characters from any comic book, cartoon, commercial, product, or business
- Illustrations or images that can be used to identify a person, famous or otherwise
Article 11 Special Provisions Concerning Use of Character Stickers
- The copyrights for the Character Stickers shall belong to the Licensor or the third party granting the license to the Licensor, regardless of the creation of Posted Data by the User.
- The copyrights for the User’s design shall belong to the User excluding portions copyrighted to a third party.
- The way of use of the Character Stickers and the types and the degree of the Effects available for the Posted Data vary according to the Character Stickers chosen by the User.
- Any use of or orders for Posted Data containing Character Stickers shall be limited to personal use only. Use for company names, foundation names, group names, school names, titles, etc., is prohibited.
- Posted Data containing Character Stickers may be used only within the Service. The User shall be required to obtain prior approval from the Licensor or the third party granting the license to the Licensor, and the Company to use Posted Data containing Character Stickers for purposes other than the Service.
- Data containing Character Stickers and data containing effects, etc., as specified by the Company may not be listed on the Market.
Article 12 Registration Cancellation
- The company may, without prior notice or demand, delete Posted Data, or temporarily suspend use by the User of the Services, cancel the Registered User’s registration as such or terminate the Service Agreement, in the event of any of the following:
- The User violates any of provisions hereof;
- Any of the Registration Information is found to be false;
- Payment suspension or insolvency, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was issued by or filed against the Registered User;
- The Registered User is applicable to the provisions set forth in Article 3.2; or
- The Company otherwise determines that it is inappropriate for the Registered User to use the Services, maintain its registration as a Registered User, or have the Service Agreement remain in effect.
- If applicable to any of the provisions set forth above, all amounts owed to the Company by the Registered User shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
- Excluding cases of malice or gross neglect on the part of the Company, and excluding cases where the User qualifies as a Consumer as defined under the Consumer Contract Act,, the Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article.
Article 13 Services Modification and Termination
- The Company shall be entitled to at any time modify Service content or terminate the provision of Services in its own discretion.
- Excluding cases of malice or gross neglect on the part of the Company, and excluding cases where the User qualifies as a Consumer as defined under the Consumer Contract Act, the Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article. Furthermore, even in cases where the Company bears compensation liability for damages, this shall be limited to damages directly incurred by the User.
Article 14 Disclaimer and Waiver of Warranties
- THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that use by the Registered User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects).
- Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the Registered User to the Services, deletion of the registration of the Registered User, loss of Posted Data or failure of equipment through the use of the Services, or otherwise in connection with the Services (“User Damages”). 3. The Company shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or a third party in connection with the Services or the Website.
Article 15 Confidentiality
The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Company.
Article16 Treatment of User Information
- The Company will obtain the following information about the User of the services:
- E-mail address
- Date of birth
- Phone number
- Other information entered by the user into such form as specified by the Company
- Login IDs for social networking sites such as Facebook, Twitter, etc.
- Bank transfer information (Limited to Sellers. Also, limited to bank accounts in Japan.)
- Other information such as IP Address, cookies, and the User environment data may be taken automatically from the User's browser and stored by the server.
Article 17 Amendments
The Company reserves the right to amend or change these Terms and Conditions any time at its own discretion. Unless the company declares otherwise, the amended or changed Terms and Conditions will be effective from the time displayed on the new Terms and Conditions. If the User uses the Service after the point that the new Terms and Conditions have come into operation, the User shall be deemed to have agreed to such amend or change to these Terms and Conditions.
Article 18 Notices
Any inquiries with respect to the Services or other communications or notices from the User to the Company, or other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.
Article 19 Assignment
- The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
- In cases where the User will transfer or assign the copyrights for the User’s design to a third party, any status afforded in accordance with the Service Agreement executed between the Company and the User and all rights and obligations set forth under these Terms and Conditions in relation to the copyrights of the User’s design shall transfer to said third party.
- In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating the User, and the User hereby agrees to such assignment in advance. For the purpose of this Article, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
Article 20 Severability
If any provision of these Terms and Conditions or part thereof its held to be invalid or unenforceable under the Consumer Contract Act of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
Article 21 Governing Law and Jurisdiction
- These Terms and Conditions shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
- Any and all dispute arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the First instance.
[Prescribed on 5/19/14]
[Revised on 5/20/14]
[Revised on 9/29/14]
[Revised on 4/28/15]
[Revised on 3/1/16]