To the Users of These Services - Terms of Use
Welcome to Cure! All users shall use the Cure Services in accordance with these Terms of Use. Users are considered to have accepted the terms and conditions under these Terms of Use by using the Services. The terms and conditions in these Terms of Use may be amended as needed. However, such amendments will not be communicated to users at any time, so users should refer to the latest version of the Terms of Use posted on this Website before accessing the Services. Users should also refer to the guidelines appended to each of the individual Cure Services before using them. Such guidelines to each service form part of these Terms of Use. In other words, these Terms of Use consist of all related documents, including the guidelines.
1. About the Services Provided by Cure
In order to use the Services, it is necessary to have access to our Website. Users are required to prepare, properly install and operate any necessary equipment, software and communication tools, etc., at their own responsibility and cost. Cure takes no part in user preparation and method, etc., in accessing the Internet. Cure may add, change and/or delete any of the Services in the future. Cure has granted users access to the Services provided by Cure, although it does not provide any guarantee on the content of the Services, the certainty of providing the Services or the results of such access, etc.
2. To Use the Services with Registration
Please observe the following conditions for the Services that require member registration before use:
- - The member registration form shall be completed with accurate and true information for that specific user and transmitted to Cure;
- - The member registration form shall be corrected and updated from time to time so as to reflect the user's accurate and true information;
- - In the event of nonobservance of the conditions mentioned above or any failure to provide accurate and true information at the judgment of Cure, Cure shall have the right to remove the member ID and permanently refuse access to the Services.
3. Privacy Policy
Any information registered by users and/or information on users acquired by Cure shall be handled in accordance with Cure's privacy policy. Cure's privacy policy can be confirmed separately here.
4. Please Be Careful Managing IDs and Passwords
As long as any ID is registered, it is the member's responsibility to manage the ID and password. If and when any act is performed using the ID and password, it shall be considered that the act was conducted under the responsibility of the member who possessed the relevant ID. If your ID is used without your authority or your ID and password become known to any third person in any way, please inform Cure immediately. Every time you discontinue the use of the Services for any interval, be sure to log out of the Services. Please remember that Cure does not indemnify members for any damage arising out of the loss, unauthorized use or any other issue related to member IDs and passwords.
5. Registered Member Liability
Users must recognize that all the content (such as information, data, documents, software, music, sound, photographs, pictures, movies, videos, messages and characters) as well as any rights to such content shall belong to the person who originally created the same (including any person to whom the original creator duly transferred or granted those rights), even if the content is known to the public or of common knowledge or individually acquired by the member. Each member shall be liable for any content that is posted, disclosed, provided or sent by said member for or to any other person through the medium of the Services. Cure shall not be liable for any content in lieu of members, nor manage any content that is posted, disclosed, provided or sent by members for or to any other person through the medium of the Services, nor guarantee the reliability, truthfulness and/or lawfulness of the content. In other words, members must thoroughly understand that they may be subject to punishment, claims for damages or an objection from a third party for such content that is posted, disclosed, provided or sent by members. Cure shall not be liable for any damages that may arise out of the details of such content and/or through the use of such content.
In order for members to carry out their responsibilities mentioned above, the performance of any and all of the following conduct is prohibited:
- - To post, disclose, provide or send such things or content to any other person through the Services that may be in contravention of laws and ordinances, that may constitute a violation of the rights of other people, that may cause economic or mental harm to others, that may be threatening to others, that may bring disgrace to others, that may infringe upon another person's privacy, that may be considered harassment or defamatory to others, that is obscene, indecent or ignoble, that may be considered any kind of abuse, that may disgust others, that may result in racial or ethnic discrimination or that may be considered unethical, etc.;
- - Any conduct that may be harmful to minors;
- - Any links to sexually explicit content;
- - To appropriate another person's name, to give the name of an organization such as a company without the right of representation or agency or to misrepresent oneself as if there were a relationship of affiliation or partnership with the other person or organization, including the case of misidentification or misrepresentation caused by willful conduct or negligence (such as conduct to take a name of a Cure employee or use the false identity of another member);
- - To cover up a sender's name or falsify any part (such as the header) of the content delivered through the Cure Service;
- - To upload, post or send (transmit) any content without the right to send (transmit) under the law via email or other means;
- - To upload, post or send (transmit) any content that may infringe on the intellectual property rights (such as patent right, utility model right, design right, trademark right and copyright) of a third party via email or other means;
- - To upload, post or send (transmit) any content, junk mail, spam mail, chain letters, endless chain schemes for the purpose of commercial advertisements and any other content for solicitation purposes via email or other means, except in the case where it is performed within a specially designated service by Cure (such as shopping) and in a manner consistent with the guidelines of that service;
- - To upload, post or send (transmit) any content, junk mail, spam mail, chain letters, endless chain schemes for the purpose of religious promotions and any other content for solicitation purposes via email or other means;
- - To send (transmit) any mail or other means to an unspecified number of members without the authorization of Cure, except for e-mail newsletters of fan clubs or the operational activities of a company which, at the opinion of Cure administrators, are providing services beneficial to Cure Cosplayers;
- - To specify any URL or establish any link to sexually explicit content or commercial content without the authorization of Cure administrators in the member profile, the self-introduction, any caption for a picture or image, diary, schedule, calendar and so on;
- - To specify any URL or domain address in the caption for a image;
- - To upload, post or send (transmit) any content with a computer virus, computer code, file or program designed to interrupt, destroy and/or restrict the functions of computer software, hardware or other communication devices, through email or other means;
- - Any conduct that may cause an interruption of interactive flow on display or a negative influence on the real-time operation or input of other members, regardless of manner;
- - To disrupt or interrupt our service or server or network connected to the Service or to not comply with the Terms of Use, the operating procedures, regulations and/or rules for the network connected to the Service;
- - To commit an act of infringement against laws and ordinances, whether willful or unknowingly;
- - To carry out harassing behavior against any third party, such as stalking, regardless of manner;
- - To collect or stockpile the personal data of other members or intend to do same.
Cure does not preview any content. However, if Cure considers it necessary, it may delete or change the posting site of any content sent (transmitted) through the Service. This right of deletion by Cure shall include the right to delete any content that is not in conformity with these Terms of Use or for which there may be a problem in the sole judgment of Cure.
Before accessing any content, users shall agree to use it at their own risk and responsibility, determining its reliability, correctness, level of completeness, usability (usefulness), etc., by themselves. Therefore, users must completely recognize that there is a potential risk that any content posted to Cure, including all the Services such as the forum, may be unreliable (untrustworthy).
Cure shall have the right and title to secure or disclose any content or information on the content at any time when Cure considers it necessary, which includes cases where it is required to do so under laws and ordinances, it is necessary for legal procedures, it is necessary for the compliance with these Terms of Use, it is necessary to deal with complaints against content infringing any rights of a third party and where it is necessary to protect the security of Cure or users for property, rights, life and limb activities, etc., as well as the public interest.
Users shall use the Service with the proper understanding that it may be routed through many different networks in the process of receiving the Service sent (transmitted) with content, as well as understanding the fact that there is a possibility of changing data or signals as needed to connect to or pass through the connected networks or equipment or devices.
6. Criteria for Images to Be Posted
In principle, images to be posted in the Gallery shall be restricted to those of the Cure Cosplayer himself or herself or properties that are designed and shaped for costume play by that Cure Cosplayer. In case another Cure Cosplayer appears along with the Cure Cosplayer posting an image, however, such image may be posted with the permission of such other Cure Cosplayer included in such image.
Cure will determine that a Cure Cosplayer has obtained the permission from another Cure Cosplayer to post an image including such other Cure Cosplayer by reviewing whether the commentary column of the subject image contains: (i) the costume-play name assumed by such other Cure Cosplayer, such as the Customer User Name; (ii) such other Cure Cosplayer's Cure number or (iii) an indication from the Cure Cosplayer that he or she has received permission from such other Cure Cosplayer to post such image.
The posting of images of persons who are not registered as Cure Cosplayer will not be permitted.
7. Prohibited Images
- Images that are offensive to public order and morals or are obscene;
- Images that would aid and assist or evoke the commission of offences;
- Images that simulate any conduct to abuse or injure human life;
- Images that may cause a feeling of discomfort or disgust to the public, such as pictures with a large amount of blood or grotesque images;
- Images that may impair another person's credit, bring disgrace on others or infringe on another person's privacy;
- Images that may cause the impression of discriminatory intent;
- Images that embrace the intent of religious or political solicitation or cause the impression thereof;
- Images that have links to a Website with information for a commercial or promotional purpose or with any commercial information;
- The posting of illustrations;
- Images of a ready-made commodity, such as stuffed animals and items;
- Images where it is impossible to recognize the costume on a single screen;
- Images of animals or landscapes that are irrelevant to costume play or costume play articles;
- Any reproduction of images extracted from copyrighted, broadcasted, or distributed works (such as the background and characters of the work);
- Any conduct to post the same images in a Gallery;
- Any conduct to repeatedly upload and delete the same images on one day;
- The extraction or reproduction of a title logo of the work or any other logo that appears in the work with registered trademarks as well as similar images
(Images that are created in imitation of others in the design, colors and font, etc., may be deleted as similar images); - Any other images that Cure considers as improper.
Upon a violation of these Terms and Conditions, as determined by Cure , in its sole judgment, Cure may remove any image and suspend the member from his or her ID.
8. About the Criteria for Images that are Offensive to Public Order and Morals or Obscene
Sometimes costume playing clothing can be sexually revealing and explicit.
Under such circumstances, the images that may fall under the following criteria will be the object of removal.
Upon a violation of these Terms and Conditions, as determined by Cure , in its sole judgment, Cure may remove any image and suspend the member from his or her ID.
- Any images that intentionally show underwear;
- Any images that, although wearing tennis skirts, underskirts, revealing panties or leotards, still sexually emphasizes the lower part of the body with the legs open;
- Any images that show underwear, tennis skirts, underskirts, revealing panties or leotards intentionally taken from any angle, such as the front or a lower angle;
- Any mosaic images without clothes;
- Images without any clothes even if they are artificially processed or that are considered as impossible to recognize any clothes on a single screen;
- Images that display only cleavage on a single screen or a manner of showing which is considered as malicious;
- Images that display the genitals or the areolas of women;
- Images that are taken with adult goods;
- Images that simulate sexual conduct;
- Artificially processed images that contain any keyword that clearly indicates sexual conduct;
- Images that contain any keyword in a comment that clearly indicates sexual conduct;
- Any other images that Cure considers as improper.
9. Notice for International Use
Users must fully understand that the Internet is used beyond national borders and shall comply with any regulations within the country or region where they access the Internet in view of what they do or what kind of content is allowed. In particular, when users send (transmit) technical information from the country of their residence to any other country, they are considered to have agreed to comply with the laws and regulations concerning the export of technology.
10. About Content Sent (Transmitted) to Cure
Cure provides several services, including the forum, where an unspecified majority of users can access the content sent (transmitted) by other members. When a member has sent (transmitted) content to such a service to which an unspecified majority of members have access, the member will be considered to have granted Cure the right (including the right of sublicensing) nonexclusively to use (including to reproduce, disclose, transmit, distribute, transfer, rend, translate and adapt) the content without charge within or outside of Japan. In addition, no member shall exercise any moral right.
11. Indemnity for Cure
Any and all complaints and claims arising out of or in respect to any content sent (transmitted) by a user during the Service, any use of the Service by a user, any access to the Service by a user, any violation of these Terms of Use by a user or any infringement by a user of the rights of any third party shall be resolved at the user's own cost and responsibility. If any cost has been borne by Cure or compensation, etc., has been paid by Cure in respect to such complaints or claims, the user shall bear the cost and compensation, etc. (including legal fees paid by Cure).
12. Prohibition from Reselling or Reusing of the Service
Users are prohibited from using all or a part of the Service provided by Cure, any utilization (use) thereof and any access thereto for commercial purposes (regardless of the form of use, replaying, reproducing, copying, selling and reselling, etc.).
13. Restrictive Use of the Service
Cure reserves the right to establish rules on the use of the Service in respect to the users as needed and restrict the use thereof (for instance, the amount of mail to be transmitted or received per day, the number of postings on the forum, the disk capacity allocated by Cure to members and the time of access may be prescribed).
Cure shall not be liable for any deletion or failing to store any details of communication or content in the Service, such as member mail and messages. Also, Cure reserves the right to eliminate member IDs, accounts, mail, images that have not been used for a certain period of time.
Cure shall have the right to revise such rules on the use of the Service at any time without communicating with users when Cure considers it necessary.
14. Change of Service, etc.
Cure shall have the right to change, suspend or discontinue the details of the Service at any time without communicating with users when Cure considers it necessary. If Cure has changed, suspended or discontinued any of the details of the Service, it shall not be liable to the users for any such changes.
15. Registered IDs, etc., May Be Eliminated
Cure reserves the right to eliminate member IDs, passwords and accounts, forbid the use of the Service and delete any content in the Service, when it considers it necessary. This right of Cure may be exercised not only when Cure considers the member has violated any rule or intent under these Terms of Use or behaved inappropriately in the light of the spirit of these Terms of Use, but also at the sole discretion of Cure. In the event that Cure considers it necessary to discontinue the provision of the Service to a specific member, Cure may invalidate the member ID and account, etc., delete any relevant information or files stored and permanently prohibit the member from having access to such information, files and services. In this case, Cure shall not be liable for the discontinuance of the Service to the member, as well as to any third party.
16. Transactions with Advertising Providers
Any transactions with advertising providers (including reward advertising) during the period of the Service (including participation in prize promotions, etc.) must be conducted at the responsibility of the user and the relevant advertising providers. In other words, any and all responsibilities for the payment of merchandise, etc., the determination of terms and conditions of the contract, guarantees and warranties and the liability for security shall be undertaken between the user and the advertising provider as parties thereof. Cure shall not be liable for any loss and damages arising out of transactions made in relation to such advertisements posted in the Service or those resulting from the mere fact that the advertisement was displayed in the Service.
17. About the Links
Some users may establish a link from the Service to another website or resource or a third party may provide a link to another website or resource. In these cases, because Cure does not have any control over such websites or resources, it shall not have any responsibility for the availability (usability) of websites or resources outside of Cure. Likewise, Cure shall not be liable at all for any content, advertisements, commercial goods and services, etc., that are included in or available at such external websites or resources. Therefore, Cure shall have no liability for loss or damages, direct or indirect, that may arise out of or in relation to such content, advertisements, commercial goods or services, etc.,
18. Cure's Property Right
All users must acknowledge the following matters:
Except for content sent (transmitted) by users, the property rights to the content, individual or collective information (data) involved in the Service is owned by Cure or the affiliates that provide said content, etc., to Cure.
This Service and any software that is used in respect to this service (hereinafter referred to as "software") contain property rights and trade secrets protected by the laws and ordinances, etc., on intellectual property rights. The content posted or provided in this service or advertisements is protected by the copyright law, the trademark law, the design law and other laws. Users shall agree not to reproduce, disclose, transmit, distribute, transfer, lend, translate, adapt, license, reprint or reuse any service, software or the content therein (whether in part or whole), without the prior written approval of Cure, the affiliate and/or the advertising provider. In addition, users shall acknowledge in advance that if any user has acted against this clause, Cure has the right to suspend the access to (or use of) the relevant content, individual or collective information (data) and software as well as that reproduced, disclosed, transmitted, distributed, transferred, lent, translated, adapted, licensed, reprinted or reused, as well as make a claim for the amount equivalent to the profit acquired by the user acting in such manner.
Cure grants the users the nonexclusive and personal right to run the object code of the software provided by Cure on a single computer at a time. Provided, however, it is prohibited for the users to copy, revise, alter or make secondary use of the software or to decode the source code by way of reverse engineering, disassembling and other methods or transfer or sublicense it to any third party. Users shall not access the Service through any method other than the interface provided by Cure to the users.
19. Disclaimer of Warranty
It is the user's own responsibility to access (use) the Service. Cure shall make no warranty at all for the content of the Service (such as trustworthiness, correctness and non-infringement of a third party's right), the condition of provision, accessibility or the condition of use.
Cure shall make no warranty at all (1) that the Service will satisfy the user's desires, (2) that there will be no problems, errors or failures in the provision of the Service, (3) that the information, etc., acquired from the Service is correct and precise, (4) that the merchandise, services and information, etc., available through the Service will satisfy the user's expectations (5) that the problems or bugs in the provided software will be solved or corrected, and (6) that the site, information, content, materials, services included on or otherwise made available to users through this site or Cure servers, or emails sent from Cure, are free of viruses or other harmful components.
Any and all content that is obtained by way of downloading, etc., via the Service shall be done at the user's own responsibility, including the act of downloading, etc. All risks shall be borne by the user himself or herself, so that the user shall have all liability for any loss or damages resulting from such conduct.
Even if the user has received advice or information directly from Cure or through the Service of Cure, he or she shall not be warranted beyond the limitation specified in these Terms of Use. As such advice or information would be given on the basis of the limited information communicated from the user, Cure shall also not make any warranty for the trustworthiness, quality or correctness of the advice or information.
20. Cessation and Termination of the Service
Cure may temporarily halt the provision of this service without prior notice to users for any unavoidable reason, such as maintenance or engineering work for the equipment used to provide the Service.
In addition, Cure shall be entitled to terminate this service or a part of this service after an appropriate period of notice to users.
21. Limitation of Cure's Liability
Users agree that Cure shall not be liable for any loss or damages arising out of or in respect to the fact (1) that the user did or did not use the Service, (2) that the user had to bear any cost or expense in order to make a transaction, obtain any information through the Service, exchange merchandise or have an agent for the Service, (3) that any unauthorized access or alteration was made to the user's communication (transmission) or data or (4) any other matters related to the Service.
22. About the Use of the Service for Asset Management
Before using the Service related to company information, stock or securities information and investment information, etc., please carefully read the details noted above one more time. The Service is provided only for informational purposes. No content is posted to promote any specific investment. It is the user's responsibility to make any and all judgments. Cure shall not be liable at all for the correctness or usability, etc., of the information provided through the Service. Likewise, it shall not be liable for any results from investments, etc., made by utilizing (using) or trusting (believing) such information.
23. Notice or Communication
In the case where Cure considers it necessary to notify or communicate with a user who has a registered member ID, it will make the notice or communication by mail or post. In the case where the user considers it necessary to communicate with Cure, the user shall make the communication to the relevant contact point by mail. Cure will not accept communication by phone or in person in principle.
24. About Copyright
As Cure respects the intellectual property rights of all third parties, all users shall also make efforts to respect the intellectual property rights of all third parties. In the event that you feel that any of the copyrights of your copyrighted work have been infringed upon, you should provide Cure with the following information:
- - The claimant's name, address, phone number and email address;
- - The copyright holder's name, address, phone number and email address;
- - If the claimant is not the copyright holder, an explanation of the grounds for his or her legal authority to represent the copyright holder;
- - An explanation of the copyrighted work and the copyright that is alleged to have been infringed upon;
- - The place of the publication of the work that is alleged to be infringing the original copyrighted work's copyright;
- - An explanation of the legal grounds to claim that the copyrighted work in question is being used without the copyright holder's authorization.
Providing the above information does not guarantee that Cure will take any action.
25. Governing Law; Court of Jurisdiction
These Terms of Use shall be governed by the laws of Japan. In addition, the Tokyo Summary Court or the Tokyo District Court shall have the competent and exclusive jurisdiction for the first instance over any dispute arising between Cure and the users out of or in connection with the Service or these Terms of Use.
26. About the Violation of These Terms of Use
If any user finds an act, etc., to be in violation with these Terms of Use, please inform Cure support.
These Terms of Use shall be effective as of December 8, 2007.
