poupeegirl

Agreement

Poupeegirl/Fashion Dictionary Terms of Use

This Terms of Use prescribes the terms and conditions of use regarding the service which provides information through the Poupeegirl/Fashion Dictionary managed by poupeegirl. Inc. Only persons who submit a membership registration and who later receive consent by the Company may receive member services. Said Terms of Use shall be applied in a layered manner along with guidelines in each of the services. (When persons less than 20 years of age use the member services, please obtain the prior consent of your parent or legal guardian and use the member services together with that parent or legal guardian.)

Article 1 (Definitions)

The definition of the terms used in this Terms of Use shall be as follows below.

• The “Company” means poupeegirl. Inc.
• The “Site” means the Poupeegirl (http://pupe.ameba.jp) and Fashion Dictionary (http://pipejiten.ameba.jp) websites.
• The “Services” means all the information and services provided through poupeegirl and Fashion Dictionary.
• “Membership Registration Applicant” means a person who wishes to be provided with member services.
• “Membership Registration” means that a membership registration applicant agreed to the Terms of Use and applies for the provision of member services via the method prescribed by this Terms of Use and the Company.
• “Member” means a person who has received the consent of the Company from amongst persons who desire the provision of services and, having agreed to the Terms of Use, has completed the membership registration.
• “Registration Information” means all the information provided to the Company by the member for the purpose of making the membership registration and receiving member services.
• “Personal Information” means information from amongst the registration information which can distinguish a specific individual, such as e-mail addresses, etc.
• “Authentication Information” means information from amongst the registration information required for the Company to authenticate the connection by a member and means information including ID’s and passwords.
• “Membership Withdrawal” means the cancellation of membership registration and the termination of the provision of member services through the method prescribed by the Terms of Use and the Company.
• “Member Services” means the services prescribed in Article 8 and which are provided to members.
• “Campaign” means limited time services (including prizes, etc.) provided to members and member registration applicants.
• “Members’ Only Page” means the page on the website where a member may confirm/change his/her registration information.
• “Questionnaire, etc.” means the responses, votes and contributions made by members or membership registration applicants by entering data through the website and e-mails in a fixed questionnaire format for the purpose of surveying the attributes, trends, opinions, etc. of members and membership registration applicants.
• “Contributor” means a member or membership registration applicant who has responded/voted/contributed to a questionnaire, etc.
• “Partner Media” means a media planned and managed by a third party pursuant to an agreement concluded by the Company with said third party.
• “Poupee” means the character appearing on the screen as an avatar. There may also be cases where this is expressed as “----Pupe” or “Pupe----.”
• "Jewel" means the points which are a numericak expression of the benefits granted to the member by the Company.

Article 2 (Site Explanation)

“Poupeegirl”
A social community service focused on fashion information.
Members may register as friends of other members and may post and share on the site by contributing images (items) of clothing, such as brand-name clothing, and accessories. Additionally, upon completing registration with the site, it is possible for members to use the pupe as his/her avatar, make this public on the website and it is also possible to post on the blog service.

“Fashion Dictionary”
A database site focused on brand information.
Members themselves can, of course, peruse the brand information and they may also add new descriptions to the brand information and revise articles. Members may also write comments concerning each brand.

Article 3 (Membership Registration)

1. Membership registration applicants shall, having agreed to the Terms of Use in full, be registered as members through the method prescribed by the Terms of Use and the Company.
2. When there has been the membership registration of the preceding paragraph, the Company shall, having passed through the required examination, procedures, etc. prescribed by the Company, decide whether to approve said registration. The Company may, without disclosing its reasons to the membership registration applicant, not approve said registration.
3. When the Company approves the membership application of the membership registration applicant, a member services use agreement consisting of the contractual details of this Terms of Use shall be concluded by and between the Company and the membership registration applicant.
4. Persons less than 20 years of age who do not have the consent of a parent or legal guardian may not register as a member. (At the point in time that this becomes clear, all rights as a member shall become void.)
5. At the point in time that admission is approved by the Company, the member shall be deemed to have consented to accepting the provision of the member services prescribed in Article 8.
6. With respect to the right to receive the provision of the services, members may not assign, lend, transfer, offer as security or otherwise act so as to place member services at the disposal of a third party.
7. Among the member services are included services required for the setup of the registration of unique information. When using individual services, members shall use those services having registered the required information in accordance with the guidelines designated by the respective services.

Article 4 (Change of Registration Information and Administration of Authentication Information)

1. Members shall, at their own responsibility and expense, administer their authentication information and may not lend, transfer, sell, buy, pledge, make public, allow a third party to use, etc. the authentication information.
2. Liability for damages suffered due to a leak of information caused by the inadequate administration of the authentication information, mistaken use, third party use, unauthorized access, etc. shall be borne by the member and the Company shall bear no responsibility. In the event the Company suffers damage due to the improper use of the authentication information, the member shall indemnify said damage.
3. In the event a change arises in the registration information or in the event the authentication information becomes known by a third party or in the event there are suspicions that the authentication information is being used by a third party, the member shall immediately contact the Company to that effect and, when there are instructions from the Company, the member shall follow those instructions.
4. The Company shall bear no responsibility in the event the member suffers a disadvantage such as not being able to use the member services as a result of not providing the notice of the preceding paragraph.
5. In the event that the member does not provide the notice of paragraph 3, the Company may deem said member to have withdrawn his/her membership.

Article 5 (Registration Information/Personal Information)

1. The Company shall use registration information (including personal information) for the purposes of each of the following items.
   1. Management of the Services (within this is included the provision of all genre of information to members by the Company).
   2. Services of the Company which the Company judges to be beneficial to members (not limited to the Services) or the provision of information concerning the services, products, etc. of advertising firms and partner firms.
   3. Questionnaire surveys and analysis for the quality management of the Services.
   4. Communication to members relating to matters which have a significant impact on the management of the Services (including but not limited to major changes in the content of the Services and the temporary suspension of the Services).
   5. Communication in order to request consent from members relating to the handling of personal information.
2. With respect to registration information, the Company shall not disclose to a third party other than the individual concerned excluding the cases of each of the following items.
   1. When registration information is tabulated and analyzed for the purpose of improving the Services, the development of related businesses, the marketing of partner firms, etc.
   2. When the data obtained through the tabulation and analysis of the preceding item is disclosed or provided to a third party in a format in which an individual is not able to be discerned or identified.
   3. When there has been member consent with respect to the disclosure and use of personal information.
   4. When the disclosure and use of personal information is deemed necessary in order to provide services desired by members.
   5. When a third party such as a partner firm, etc. requires personal information for the purpose of providing services to members (such firm may not use the personal information provided by the Company in excess of the required scope for the provision of services).
   6. When a member is requested to respond to a questionnaire, etc., provided as a service by the Company and the Company provides to a third party the letters, numbers, still pictures, moving images and other information provided to the Company by the member as a response to said questionnaire, etc. (in this event, the persons to whom the information shall be provided by the Company shall be limited to the party who ordered said questionnaire and to partner firms and it shall be provided in a format which does not allow for the identification of the individual member).
   7. When information relating to the advertisements, services, etc. of the Company or a third party, such as partner firms, is sent to members.
   8. When there has been a proper request for disclosure from a court, a public prosecutors office, the police or a public body having authority corresponding to these.
   9. When the Company deems it necessary in order to protect the rights, property, services, etc. of the Company, a member or other third party.
   10. When there is an imminent danger to the life and limb of a person or to property, etc. and when there is an urgent necessity.
3. The Company shall handle personal information pursuant to the Company’s privacy policy.
4. Members shall consent in advance and raise no objection to the use of registration information by the Company pursuant to the stipulations of this Article.
5. Members may request the disclosure, deletion, correction or suspension of use of the personal information registered in the Services and the Company, only to the extent that it is able to confirm that there has been a request from the individual concerned, shall promptly deal with said request.

In the Services of the Company, the contact point for inquiries concerning the above matters shall be as follows below.

poupeegirl, Inc.
Customer Service
Info@pupe.jp

Article 6 (Cookie and IP Address Information)

1. Members shall, at their own responsibility and expense, administer their authentication information and may not lend, transfer, sell, buy, pledge, make public, allow a third party to use, etc. the authentication information.
2. In order to achieve the purposes of each of the items below, the Company shall use cookies and IP addresses and members consent to this use.
   1. In order to save the time of inputting all the registration information for members by inputting only a portion of the registration information
   2. In order to analyze member trends and plan and provide better services
   3. In order to regulate advertisements so that the same advertisement does not appear more than a certain number of times
3. Members shall set their web browser on their personal computer to consent to the acceptance of cookies. In the event the transfer of cookies is refused by the setting of the browser, there is a possibility that the Company will not be able to correctly recognize the member’s information and the Company shall have no liability with respect to damages that arise as a result.

Article 7 (Membership Withdrawal)

1. Members may at anytime terminate the use of member services pursuant to the method prescribed in the Terms of Use and by the Company. Upon membership withdrawal, all rights as a member including the right to receive information by e-mail, etc. and the right to win prizes in campaigns, questionnaires, etc shall be lost. However, due to circumstances relating to the member services system, from the completion of the membership withdrawal procedures by the member until those procedures are reflected on the system, there are cases requiring the time designated by the Company and members shall consent to this.
2. In the event that any of the below conditions is applicable to a member or in the event the Company judges that there is a risk thereof, the Company may at the Company’s discretion immediately withdraw the membership of said member without providing advance notice or warning to the member and furthermore without obtaining the consent of member.
   1. When the Terms of Use has been breached
   2. When there is a falsification or error in the registration information
   3. When it is judged that the registered e-mail address is not functioning
   4. When membership registration has been undertaken under the guise of a third party
   5. When the prohibitions prescribed in Article 14 have been undertaken
   6. When the member dies
   7. When the Company otherwise judges membership is inappropriate
3. In the event the Company suffers any form of damage in cases of the preceding paragraph, the member must indemnify the Company for those damages.
4. The Company shall not bear an obligation to disclose the reasons for withdrawal of membership of paragraph 2.
5. Agreements concluded by and between the Company and the member shall be terminated pursuant to membership withdrawal prescribed in this Article and the member shall lose all rights to use the Services.
6. In the event membership qualifications are lost, the member shall lose the right to receive all the services prescribed in Article 8.

Article 8 (Content of Member Services)

Members may use the Services provided through the Site. There may be circumstance when, as necessary, the Company adds new services or changes the Services and members, having consented to this in advance, shall use the Services.
Each of the following services is included within the Services which members may use.

1. The Company shall organize members into classes and, in a service format that differs among respective members, shall as needed provide information relating to member services, information which is provided by third parties with whom the Company has concluded separate agreements, and which the Company at the Company’s discretion judges to be beneficial to members, other notices, etc. from the Company.
2. As formats for the services provided by the Company, the Company may provide as needed services through a viewable website though telecommunications equipment, etc., including cellular phones, e-mails, direct mail through the postal service, etc. and through other means.
3. With respect to the format of e-mails, the Company may provide e-mails in either an HTML format or text format.
4. Members shall acknowledge in advance that the necessary space increases for HTML formatted e-mail (hereafter referred to as “HTML mail”) compared to text formatted e-mail.
5. Members shall view/use the recommended environment with respect to the HTML mail display internet connection environment and the type and settings of e-mail software.
6. The Company shall give notice to members using e-mails and the website when sever problems, changes in services, etc. occur.
7. Members may receive free of charge the services prescribed in each of the items below. However, all communications expenses for the receipt of e-mails and viewing websites by telecommunications equipment, etc., including cellular phones, and other required expenses shall be borne by the member.
   1. Message functions
   2. Friends’ registration/invitation functions
   3. Brand search/registration functions
   4. Closet functions
   5. Poupee functions
   6. Dress-up item display functions
   7. Ribbon (points) functions
   8. Jewel (points) functions
8. The Company may deploy within the member services campaigns planned by the Company or third parties with whom the Company has concluded separate agreements (hereafter referred to as “campaigns”).
9. The Company may develop within the Services questionnaires, etc. planned by the Company or third parties with whom the Company has concluded separate agreements.
10. By concluding agreements with third parties, the Company may cooperate with media planned and managed by said third parties (hereafter referred to as “partner media”).
11. The Company may provide members’ only page services to members.
12. The Company may at anytime add and implement services other than the services prescribed in this Article.
13. The Company, regardless of the reason, may without giving members prior notice/warning change all or a portion of the content of the member services, change the frequency of its provision, suspend or discontinue member services. However, in the event all the services are discontinued, the Company shall, in a manner judged appropriate by the Company, give prior notice to that effect to members or make an announcement on the Site or on members’ only page.

Article 9 (Purchase of Jewels and Expiration Date)

1. Members may purchase jewels by the method separately stipulated in the Site. Additionally, regardless of the reason, jewels once purchased by a member cannot be refunded.
2. Members may, by the method stipulated by the Company, use purchased jewels for the purchase of items of the Services or otherwise for the use of a portion of content of the Services.
3. Members may not transfer or assign (regardless of whether for value or free of charge, the same being applicable below) purchased jewels to another member ID, assign to a third party or exchange for cash or other currency, etc. (including electronic currency, etc. issued by a third party) nor may members engage in acts similar to these.
4. Members shall consent without objection to the Company’s undertaking oversight of the improper usage, etc. of jewels by members.
5. In the event a member does not follow the rules/conditions prescribed by the Company or in the event the Company discovers that the method of the purchase/acquisition, etc. of a jewel was improper/dishonest, the Company may cancel jewels once granted.

Article 10 (Ribbons, Jewels and Dress-Up items)

In the event any one of the items below is applicable, the Company may cancel all or a portion of the ribbons, the jewels and dress-up items accumulated in a member’s ribbon passbook.
Additionally, the Company shall also make no guarantees and shall bear no liability with respect to cancelled ribbons, jewels and dress-up items.

1. In the event an individual member has made multiple registrations
2. In the event a partner firm requests the cancellation of ribbons, jewels and dress-up items granted to a member and when the Company deems that request to be reasonable
3. In the event that products/services purchased from a partner firm is returned or cancelled based on a request from a member
4. In the event there was a false statement, incorrect and improper display in the information submitted by the Company or partner firm
5. In the event a member acquires a ribbon, a jewel and dress-up item through improper means
6. In the event a member breaches the Terms of Use
7. In the event that it can be reasonably judged that due to a system bug, etc. the ribbons, the jewels and dress-up items granted to a member were more than the ribbons,the jewels and dress-up items which should have been granted to that member
8. In the event that the Company otherwise judges that it is proper to cancel the ribbons, the jewels and dress-up items granted to a member

Article 11 (Campaign/Questionnaire, etc.)

1. The Company at any time may implement campaigns and questionnaires as one aspect of the services to members or membership registration applicants.
2. Intellectual property rights, including copyrights and all other rights relating to the content of responses to campaigns and questionnaires by members or membership registration applicants shall be transferred to the Company at the point in time a member transmits the response to the Company and that usage shall conform to the handling of registration information/personal information prescribed in Article 5.
3. When a campaign or questionnaire is implemented, there may be cases when a present is provided by the Company to separately designated members or member registration applicants (hereafter referred to as “prize winners”).
4. Members or membership registration applicants who wish to participate in a campaign or questionnaire may be required to register the required information with the Company by the method designated by the Company in order to be provided the prize.
5. When the registration of the preceding paragraph is not made or when false information is registered or when the Company judges that there is a possibility thereof, the prize winner shall lose the right to receive the prize and the Company shall bear no obligation to provide the present to the prize winner.
6. The Company shall bear no obligation to make any indemnification with respect to damage, disadvantage, etc. suffered by the prize winner caused by the present and the preceding paragraph.
7. With respect to the right to receive the present, the prize winner may not assign, lend, transfer, offer as security or otherwise act so as to place the present at the disposal of a third party.
8. Contributors warrant respectively to the Company that the contributed data does not infringe a third party’s copyright, image right or any other right and, furthermore, that the data is lawful.
9. In the event that with respect to the contributed data there is assertion of rights, objection, complaint, demand for indemnification, etc. from a third party, the contributor shall deal with this at his/her own responsibility and expense, including attorney fees, and cause no inconvenience/damage to the Company.
10. In the event of the preceding paragraph, when a legal demand is made against the Company by said third party or the Company suffers damage, the contributor who caused said dispute or damage shall bear the expenses required by the Company to deal with the matter and furthermore shall indemnify said damages.

Article 12 (Cooperation with Partner Media)

1. The Company may cooperate with partner media through reciprocal linking, etc.
2. Membership registration applicants who learned of the Service via a partner media shall recognize the partner media and the Services are different services and consent to the Terms of Use relating to the Services which differ from the terms of use of the partner media and shall make a membership registration.
3. Members who learned of a partner media via the Services shall recognize the partner media and the Services are different services and, having consented to the terms of use of the partner media which differ from the Terms of Use of the Services, shall use the partner media pursuant to the method prescribed by the partner media.
4. The Company shall bear no liability with respect to the member of paragraph 2 and paragraph 3 in relation to the information provided from the partner media and the use of the partner media.

Article 13 (Intellectual Property Rights, etc.)

1. All rights (ownership rights, intellectual property rights, image rights, publicity rights, etc.) relating to the text, images, programs and other data, etc. which constitute the Services shall, excluding those created by the member himself/herself, vest in the Company or the third party who holds said rights.
2. When works created by the member himself/herself are published through the Services, the member shall authorize the Company to use said works for advertising, etc. Additionally, on the occasion of such use, said member shall not exercise his/her moral rights.
3. In the event a problem, such as the rights infringement of a third party, etc., arises with respect to a members own work, the member shall resolve such problem at his/her own responsibility and expense and shall cause no inconvenience or damage to the Company.

Article 14 (Prohibitions)

1. In using the Services, the member shall not engage in the acts of the items below or which risk constituting such acts.
   1. Acts breaching the Contribution Guideline prescribed by the Company
   2. Acts causing a disadvantage or damage to other members, the Company or a third party
   3. Acts against public order and decency
   4. Acts violating laws, ordinances, etc.
   5. Posting adult pictures/drawings and revealing pictures (including dressed in underwear)
   6. Introducing/linking to adult website, dating service websites, websites which have age restrictions, etc.
   7. Posting of violent/grotesque pictures/drawings or other pictures/drawings, images, text or expressions which generally cause discomfort
   8. Acts discriminating against, defaming or slandering the reputation or credibility of other members or third parties
   9. Acts for the purpose of commercial gain in relation to the services without the consent of the Company
   10. Acts inhibiting the management of the services
   11. Acts causing the loss of or damage to the credibility of the services
   12. Acts registering false information or information which differs from objective facts
   13. Acts improperly using the registration information of membership registration applicants or members, authentication information, etc.
   14. Acts intentionally obstructing campaign and questionnaire information (excluding certain members authorized by the Company)
   15. Acts otherwise judged inappropriate by the Company
   16. Acts using ribbons and jewels for improper purposes or acts using ribbons for commercial purposes
2. In the event of the preceding paragraphs, when the Company suffers any damage the member must indemnify the Company for those damages
3. In the event a user engages in the prohibitions prescribed in each of the preceding paragraphs, the Company may take the following measures.
   1. Delete the contributed pictures
   2. Confiscate the ribbons and dress-up items. Confiscate the jewels and dress-up jewel items
   3. Delete user information such as comments
   4. Suspend picture contributions/dress-up functions
   5. Suspend comment contributions
   6. Suspend use of functions in the services such as Poupee market
   7. Compulsory membership withdrawal
   8. Suspension of new membership registration by the same user
   9. Other measures judged appropriate by the Company

Article 15 (Suspension/Discontinuance of the Services)

1. In the event the conditions of the items below arise, the Company may suspend all or a portion of the Services and the Company shall bear no liability in the event that members or third parties suffer damage due to said suspension.
   1. When periodic or urgent maintenance and repairs of the computer system used to provide the Services is undertaken
   2. When the operation of the Services becomes impossible due to emergency situations such as fires/power failures, acts of providence, etc.
   3. When the operation of the Services becomes impossible due to wars, civil wars, riots, disturbances, labor disputes, etc.
   4. When the Services cannot be provided due to faults in the computer system used to provide services and when there has been the unauthorized access by a third party, infection by a computer virus, etc.
   5. When the Services cannot be provided due to measures pursuant to laws, ordinances, etc.
   6. When the Company otherwise judges it to be unavoidable
2. In the event the operation of the Services is suspended due to the preceding paragraphs, the Company shall give prior notice to that effect to members and third parties by e-mail, etc. However, this shall not be applicable in the event of an emergency.
3. By giving prior notice to that effect to members and third parties by e-mail, etc., the Company may discontinue all or a portion of the Services and the Company shall bear no liability in the event that members or third parties suffer damage due to said discontinuation.
4. By giving prior notice to that effect to members and third parties by e-mail, etc., the Company may change the content or name of the Services. The Company shall bear no liability in the event that members or third parties suffer damage due to said conditions.

Article 16 (Rights of the Company)

1. The Company has without the need for the prior consent of members the right to post advertisements, etc. using the Services.
2. The Company may without the need for the prior consent of members post the Services in categories or in an order based on a method judged appropriate by the Company. Additionally, in accordance with said categories or order, the Company has the right to organize members into classes and, in a service format that differs among respective members, may as needed provide services.
3. The Company has without the need for the prior consent of members the right to copy for the purpose of publicizing/advertising the Services, the right to transmit to the public, the right to alter and the right to edit articles and comments contributed by members.

Article 17 (Disclaimer)

1. The Company shall bear no responsibility with respect to damage caused or induced by the content of the Services, the results obtained by use of the information, or the legality and morality, the grant of rights, or accuracy of the information.
2. The Company shall bear no responsibility with respect to trouble (proposals to act against the law or contrary to public order and decency, defamation of character, insults, violation of privacy, blackmail, slander, harassment, etc.) arising between all users and third parties in the services provided by the Company.
3. In the event that the content of advertising information infringes the rights of all users or third parties or in the event a dispute arises caused by an infringement of rights, the Company shall be no responsibility in respect to that infringement and dispute.
4. The Company shall bear no obligation to indemnify damages based on delayed or undelivered e-mails, erroneous displays on the Site or on the members’ only page or based on any other causes resulting from failures, etc. of the computer system used to provide services.
5. The Company shall bear no obligation to indemnify damages based on the environment, etc. of the computer, line, software, etc. used by all users. The Company shall by a separately stipulated method notify members concerning said environment, etc.
6. The Company shall bear no obligation to indemnify damages suffered due to a suspension or discontinuance of the Services or due to a change in the services content.
7. The Company shall bear no obligation to indemnify damages to computers, lines, software, etc. caused by downloads, computer virus infections, etc. through the Services, partner media and the website of third parties including advertisers.
8. The Company shall bear no responsibility with respect to transactions (including participation in promotions such as prizes, etc.) between members and third parties including advertisers undertaken through the service and all transactions shall be undertaken at the responsibility of members and said third parties.
9. The Company shall bear no responsibility with respect to damages arising due to a delay, change, suspension, discontinuance, abolition relating to the Services and due to elimination of information, etc. provided through the Services or other damages arising in relation to the Services.

Article 18 (Revisions to Terms of Use)

1. The Company may as needed revise the Terms of Use.
2. When the Company wishes to revise the Terms of Use, the Company shall give notice to members as needed using e-mails or the website relating to the Services.
3. Pursuant to the preceding paragraph, when a member does not withdraw his/her membership within the period prescribed by the Company starting from the date of the notice of the revisions to the Terms of Use (when there is no stipulation, 1 week from the date of the notice), said member shall be deemed to have consented to the revisions to the Terms of Use and the revised Terms of Use shall come into force between said member and the Company.
4. On and after the point in time of the coming into force of the stipulations of the preceding paragraph, members may not assert ignorance of or non-acceptance of said content.

Article 19 (Consultations/Competent Court)

1. In the event questions or problems arise between members, the Company or third parties in relation to the Services, the Company shall on all such occasions consult in good faith and seek to a resolution.
2. In the event the questions or problems are not resolved through the consultations of the preceding paragraph, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive agreed court of competent jurisdiction in the first instance.

Article 20 (Governing Law)

This Terms of Use shall be interpreted in conformity to the laws of Japan.

February 28, 2007 enacted

March 3, 2008 revised

October 14, 2008 revised

August 12, 2009 revised