WorldCosplay Terms of Use

1. Your Acceptance: 1-1 This WorldCosplay Terms of Use (the "Terms of Use") set out the terms and conditions of use of “WorldCosplay” (the “Service”) which is provided by NHN Japan Corporation (“NHNJ”). Any individual that uses the Service (the "User" and collectively the “Users”) is considered to have agreed the terms and conditions under the Terms of Use by using the Service.; 1-2 All related notifications that NHNJ provides in accordance with the Article 3-1 will be incorporated in the Terms of Use.

2. Modification: 2-1 NHNJ may, in its sole discretion, modify or revise the Terms of Use at any time without obtaining the User’s prior consent. User’s continued use of the Service will constitute User’s acceptance of the modified or revised Terms of Use.; 2-2 The modified or revised Terms of Use will be effective and enforceable on the date the modified or revised Terms of Use are posted on the Service website unless otherwise expressed by NHNJ.

3. Notification: 3-1 NHNJ will provide the Users with necessary information from time to time by means of notification that NHNJ considers, in its sole discretion, reasonable such as sending an e-mail, posting on the Service website etc.; 3-2 The notifications mentioned in the Article 3-1 will be effective and enforceable on the date such notifications are sent or posted on the Service website.

4. Eligibility: Minors can use the Service only after acquiring consent from their legal representatives such as parents.

5. Registration: 5-1 In order to use the Service, the User needs to register for the Service and provide true, accurate, current and complete self-information in accordance with the registration form.; 5-2 Upon accepting the User’s registration, NHNJ will provide the User with a set of User ID and password for the Service.; 5-3 NHNJ can at any time suspend the User’s account when NHNJ reasonably believes that the User failed to provide true and accurate data.

6. Account and Password Security: 6-1 The User shall be fully responsible for the security of the User ID and password including but not limited to damages, losses and/or expenses from being used in error or wrongfully used.; 6-2 User shall notify NHNJ of any unauthorized use of the User’s ID or password immediately after recognizing such use and follow NHNJ’s instruction, if any, in order to prevent the User’s ID and password from being used wrongfully.

7. Upload: 7-1 Users who have chosen the “Registration for Cosplay User” (the “Cosplay User”) may post photographs of cosplayed self-portrait or self-made cosplay items on the Service by uploading such photographs. The Cosplay User also may post photographs of cosplayed self-portrait taken together with other Cosplay User who has consented to post his/her photograph on the Service by uploading such photographs. Such photographs are herein after referred to as the “Posted Images.”; 7-2 When a person in the Posted Image demands NHNJ to remove it, NHNJ can delete the Posted Image from the Service.

8. Restrictions: The following conduct is prohibited on the Service. The User agrees that NHNJ may remove or delete the Use’s account, the Use’s profile data and/or any images that the User has uploaded and prohibit future use of the User. In addition, NHNJ shall not responsible to salvage the removed images.
(1) Conducts that violate, intentionally or negligently, the Terms of Use;
(2) Conducts that violate laws, regulations or ordinances of the countries and/or regions where the Service has been provided;
(3) Conducts that may express sexually explicit including but not limited to a child porno and descriptions of sexual organs or intense violence, result in criminogenic effect, defamation, discrimination, ignore public order and standards of decency, or give someone a discomfort feeling;
(4) Conducts that may result in any impersonation of any person or entity, including but not limited to other Users (the “Third Party”);
(5) Conducts that may spread false information and deceive other Users;
(6) Conducts that may collect personal data of the Third Party;
(7) Conducts that may infringe intellectual property rights　including but not limited to copyright;
(8) Conduct that may disrupt or interrupt the the operation of the Service;
(9) Commercial advertising activities that NHNJ considers excessive or improper;
(10) Conducts that may set links of a third party’s website or induce traffic from a third Party’s websites that NHNJ considers excessive or improper;
(11) Conducts that may provide harmful computer viruses, computer codes, files or programs;
(12) Conducts that may result in fraud such as pyramid scheme or NHNJ considers likewise;
(13) Conduct that may detriment or slander the Service; and
(14) Conduct that NHNJ considers improper.

9. Intellectual Properties: 9-1 NHNJ owns all copyrights and other intellectual property rights in the software etc. provided by NHNJ in relation to the Service (the “Software”). NHNJ grants the User the non-exclusive right to use the Software only for the purpose of using the Service. The User shall n not reproduce, copy, modify, translate, create a derivative work from, reverse engineer, decompile or reverse assemble the Software without obtaining prior written approval from NHNJ.; 9-2 The User agrees to grant NHNJ the royalty-free and perpetual right, in related to the Posted Images, to modify, copy, revise, alter (including but not limited to resize and change the brightness of the photograph) or sublicense of such rights to the extent that NHNJ may deem necessary (“Modification”).; 9-3 The User agrees not to exercise the moral right of the Posted Images, nor to have the author exercise the moral right of the Posted Images, when NHNJ exercises the license in accordance with the Article 9-2 above.

10. Storage: NHNJ shall not be responsible for storing the Posted Images in the Service. Therefore, the User should always have the back-ups of such photographs.

11. Suspension of the Service: NHNJ may temporarily cease the provision of the Service without prior notification to the User when the following events occurred;
(1) When the facilities of the Service are during maintenance;
(2) When the facilities of the Service are in failure;
(3) When the telecommunication provider fail to provide the service; or
(4) When NHNJ considers it necessary.

12. Termination of the Service: 12-1 NHNJ may, at any time, modify or cease all or part of the Service.; 12-2 NHNJ will delete all or part of the Posted Images upon termination of the Service. The User cannot request NHNJ to return such Posted Images.

13. User’s Information: 13-1 NHNJ may collect the User’s information including name, gender, User ID, password, mail address, IP address, access history (“User’s Information”). NHNJ will manage such User’s Information properly and use such User’s Information for the following purposes:
(1) For identification or to prevent fraudulent use;
(2) To introduce NHNJ’s products or services;
(3) To provide information in relation to the Service;
(4) To analyze such personal information for the purpose of improving the Service;
(5) To provide advertisement in regard to NHNJ or its business partners;; 13-2 NHNJ may provide a third party with User’s Information in the following circumstances:
(1) When NHNJ provides certain business partner with User Information to the extent that the business partner needs to know such User’s Information in order to implement the business in relation to the Service entrusted by NHNJ, only after NHNJ has imposed on the business partner an obligation, in a contract etc., to manage such User’s Information properly; or
(2) When NHNJ provides the result of the analysis of User’s Information, only after editing and processing such User’s Information into unidentifiable information.; 13-3 NHNJ will not provide the User’s personal information to a third party, except in the following circumstances:
(1) When the User personally agree to such provision in advance;
(2) When the law allows;
(3) When NHNJ finds sufficient reasons to believe that the User is violating the Terms of Use and has to disclose the User’s personal information in order to protect NHNJ’s rights, properties or services;
(4) When it is necessary to protect a person’s life, body or property, and obtaining the User’s prior consent is difficult;
(5) When it is especially necessary for improving public health or promoting the sound growth of children, and obtaining the User’s prior consent is difficult;
(6) When NHNJ is required to cooperate with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations, and obtaining the User’s prior consent is difficult; or
(7) In the case that the User’s personal information is provided as a result of the succession of our business in a merger, demerger, business transfer, etc.

14. No Warranty and Disclaimer: 14-1 The User acknowledges that he/she uses the Service at his/her own risk and responsibility. The User shall prepare necessary PC, mobile phone, device, communication device, operating system, communication means and power necessary for using the Service under the User’s own responsibility and at the User’s own expense.; 14-2 NHNJ doesn’t guarantee that the Service (including but not limited to the Posted Images) is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness to certain purpose, security-related faults, flaws, bugs, violation of rights). NHNJ shall not be responsible for providing the Service without such defects.; 14-3 On no event will NHNJ be liable to the User for any damages and losses arising out of the use of the Service and/or the provisions of the Terms of Use including but not limited to Article 2 (Modification), Article 6 (Account and Password Security), Article 7 (Upload), Article 10 (Storage), Article 11 (Suspension of the Service), and Article 12 (Termination of the Service).

15. Indemnity: In case when NHNJ has suffered a loss or damage or been charged an expense (including but not limited to the lawyer’s fee) directly or indirectly (including but not limited to the case when NHNJ has been claimed by a third party) due to the User’s use of the Service violating applicable laws or the Terms of Use, the User shall immediately compensate or indemnify such a loss, damage and/or an expense according to NHNJ’s demand.

16. Separability: If any provision of the Terms of Use is found by a court of competent jurisdiction or governmental authority to be invalid, the provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be fully effective and enforceable.

17. Superiority of Japanese Version: Although NHNJ has provided the User with the translations of the Service and the Terms of Use in English and other languages, the User agrees that such translations are provided only for the purpose of the User’s convenience and that the Japanese language version will govern the relationship between the User and NHNJ. If there is any contradiction between the Japanese language version and its translations, the Japanese language version will supersede such translations.

18. Governing Law: The Terms of Use shall be governed and construed in accordance with the laws of Japan without regard to its conflict of law provisions.

19. Jurisdiction: The User agrees that any and all claims, causes of action or disputes between the User and NHNJ arising out of or relating to the Service and/or the Terms of Use shall be governed under the exclusive jurisdiction of the Tokyo District Court.

This Terms of Use shall be effective as of December 22, 2011.
Last updated: January 1, 2012