These Terms of Use (hereinafter referred to as the "Terms of Use") define the terms and conditions of the Service and the relationship of rights and obligations between the Company and the Users. The Users of the Service are required to read and agree to the Terms of Use in their entirety before using the Service.
Article 1 (Application)
1.The purpose of these Terms of Use is to define the conditions of provision of the Service and the relationship of rights and obligations between the Company and the user regarding the use of the Service, and shall apply to all relationships between the User and the Company regarding the use of the Service.
2.Rules regarding the use of the Service that are posted on the Company's Website shall constitute a part of this Agreement.
3.In the event of any discrepancy between the contents of these Terms of Use and the rules and other explanations of the Service outside of these Terms of Use, the provisions of these Terms of Use shall take precedence.
Article 2 (Definitions)
The following terms used in these Terms of Use shall have the meanings set forth below.
“Service Usage Agreement" means these Terms of Use and the agreement between the Company and the User for the use of the Service, which shall come into effect upon acceptance of these Terms of Use.
“Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademarks, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
“Company" means UNIQLO CO.,LTD.
"FR Group" shall mean the Company and its parent company, Fast Retailing Co., Ltd.
“Company’s Website" means the website operated by FR Group.
“Service" means the "Create a new look that's just right for you" service provided by the Company. (If the name or content of the service is changed for any reason, this includes the service after such change.
“User" means any individual or entity that uses the Service.
“Created Data" means images created by a User using the Service.
Article 3 (Use of Service)
1.Use of the Service is conditional upon the User's agreement to abide by these Terms of Use, and the User is deemed to have agreed to these Terms of Use at the time the User uses the Service.
2.The Company may refuse the User's use of the Service and the Created Data if the User falls under any of the following items, and the Company shall not be obligated to disclose any reason for such refusal.
a.The User is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, conservator, or assistant.
b.The Company determines that the User is antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or other similar persons. The same shall apply hereinafter) (i.e., a person who is a member of a crime syndicate, organized crime group, right-wing group, antisocial force, or other similar group), or is involved in any interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc. through funding or otherwise
c.The Company determines that the User has violated a contract with the FR Group in the past, or is related to such a person.
d.If the user falls under any of the prohibited items in Article 5 of these Terms of Use.
e.In any other cases in which the Company deems that the use of the User is not appropriate.
Article 4 (Ownership of Rights)
1.All Intellectual Property Rights (including patent rights, trademark rights, design rights, copyrights, and other intellectual property rights) related to the Company’s Website, the Service, and the Created Data belong to FR Group. Use of the Service does not grant any license to use the Intellectual Property Rights of the FR Group relating to the Company’s Website or the Service.
2.The Company grants the User permission to use the Created Data within the scope of the purposes of use specified below, provided that such use does not fall under the prohibited items specified in Article 5.
Storage on the User's own device
Posting to the User's own Social Media account
Use based on individual permission or request from the Company
Article 5 (Prohibited Matters)
1.In using the Service, the User shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.
a.Use of the Created Data for purposes other than those stipulated in the preceding article
b.Actions that violate laws and regulations or are related to criminal acts
c.Acts of fraud or threats against FR Group, other Users of the Service, or other third parties
d.Acts that offend public order and morals.
e.Acts that infringe on the Intellectual Property Rights, portrait rights, rights to privacy, honor, or other rights or interests of FR Group, other Users of the Service, or other third parties.
f.Creation of data or use of such created data through the Service that falls under or is deemed by the Company to fall under any of the following
i.Information that contains excessively violent or cruel expressions
ii.Information that contains computer viruses or other harmful computer programs
iii.Information that contains expressions that defame or discredit the Company, other users of the Service, or other third parties
iv.Information that contains obscene expressions
v.Information that includes expressions that promote discrimination
vi.Information that encourages suicidal or self-injurious behavior
vii.Information that encourages the inappropriate use of drugs
viii.Information including antisocial expressions
ix.Information that seeks to spread information to third parties, such as spam mail, chain mail, etc.
x.Information including expressions that may cause discomfort to others
xi.Information that aims to meet people whom you have never met
g.Acts that places an excessive load on the network or system of this service
h.Actions that may interfere with the operation of this Service
i.Unauthorized access or attempts to gain unauthorized access to the Company's network or systems, etc.
j.Act to impersonate a third party.
k.Acts of using another User's e-mail address or password.
l.Advertising, publicity, solicitation, or sales activities on the Service that are not authorized in advance by the Company
m.Collection of information of other Users of the Service
n.Actions that cause disadvantage, damage, or discomfort to the Company, other Users of the Service, or other third parties.
o.Acts that violate the rules regarding the use of the Service posted on the Company's Website
p.Provision of benefits to antisocial forces, etc.
q.Actions aimed at meeting people with whom one is not acquainted.
r.Actions that directly or indirectly cause or facilitate any of the aforementioned actions.
s.Actions that violate these Terms of Use.
t.Other acts that the Company deems inappropriate.
2.In the event that a User commits any of the acts listed in the preceding paragraph (including cases in which the Company determines that the User's actions fall under any of the preceding paragraphs), the Company may prohibit the User from using the Service and the Created Data (including a request to delete the Created Data posted on SNS or other third-party websites or applications).
3.The Company shall not be liable for any damages incurred by the User as a result of actions taken by us under this Article, except in the case of willful misconduct or gross negligence on our part, or in the case that the User is a consumer. In the event that the Company is held liable for damages, the maximum liability shall be limited to the damages directly incurred by the User
Article 6 (Suspension of the Service, etc.)
1.In any of the following cases, the Company may suspend or discontinue the Service, in whole or in part, without prior notice to the User
a.In the event of an emergency inspection or maintenance of the computer system related to the Service
b.In the event of an accidental shutdown of computers, communication lines, etc.
c.When the operation of the Service becomes impossible due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, or natural disaster
d.In any other cases where the Company deems it necessary to suspend or discontinue the Service.
2.In no event shall we be liable for any damages incurred by the User as a result of actions taken by us under this Article, except in cases of willful misconduct or gross negligence on our part, or in cases where the user is a consumer. In the event that the Company is held liable for damages, the maximum liability shall be limited to the damages directly incurred by the User.
Article 7 (Change or Termination of the Service)
1.The Company reserves the right to change the contents of the Service or terminate its provision at its convenience.
2.Except in cases of willful misconduct or gross negligence on the part of the Company, or in cases where the user is a consumer under the Consumer Contract Act, the Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company in accordance with this Article. In the event that the Company is held liable for damages, the maximum liability shall be limited to the damages directly incurred by the User.
Article 8 (Disclaimer of Warranty and Disclaimer of Liability)
1.The Company makes no warranty that the Service will be suitable for the User's specific purpose, that the Service will have the expected functions, commercial value, accuracy, or usefulness, that the User's use of the Service will comply with applicable laws, regulations, or internal rules of industry associations, or that defects will not occur.
2.The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by the Company, deletion or loss of messages or information sent to the Service by registered users, deletion of registration of registered users, loss of posted data or malfunction or damage to equipment due to use of the Service, or any other damages incurred by the Users in connection with the Service (hereinafter referred to as "User Damage").
3.The Company shall not be liable for any transactions, communications, disputes, etc. arising between a User and another User or third party in connection with the Service or the Company’s Website.
Article 9 (Modification of these Terms of Use, etc.)
The Company may, at its discretion, change these Terms of Use at any time and for any reason. Unless otherwise specified by the Company, the modified Terms of Service shall become effective when indicated on the Terms of Service, and the User's use of the Service after the modification of the Terms of Service becomes effective shall be deemed to constitute acceptance of the modified Terms of Service.
Article 10 (Transfer of Status under Service Usage Agreement, etc.)
1.User may not assign, transfer, pledge as collateral, or otherwise dispose of User's position under the Service Usage Agreement or rights or obligations under these Terms of Use to any third party without prior written consent of Company.
2.In the event of a transfer of the business of the Service to another company, the Company may transfer the position under the Service Usage Agreement and the rights and obligations under these Terms of Use to the transferee of such business transfer, and the User shall be deemed to have consented to such transfer in advance in this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
Article 11 (Severability)
If any provision of these Terms of Use or any part thereof is determined to be invalid or unenforceable under the applicable laws or regulations, the remaining provisions of these Terms of Use and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 12 (Governing Law and Court of Jurisdiction)
1.These Terms of Use and the Service Usage Agreement shall be governed by the laws of England and Wales.
2.The London Courts shall be the exclusive court of first instance for any and all disputes arising out of or relating to these Terms of Use or the Service Usage Agreement.