Terms of Service
All products and services (the "Services") provided by COTODAMA INC. ("COTODAMA") are subject to these Terms of Service. Services mean products, services, Service Events (as defined below), software, applications, information, etc., offered under the COTODAMA brand or any other brand owned by COTODAMA. You expressly acknowledge that you have read this notice and understand the rights, obligations, and terms set forth herein. If you are a minor, you should register for membership or access the Service only after your parents (or guardian) have read and understood the rights, obligations, and terms contained in this Notice. By installing, copying, surfing, downloading, accessing, purchasing, entering, or otherwise continuing to use the Services, you or your parents (or guardians) expressly agree to be bound by this Notice and all applicable laws and regulations, including any updates. You are bound by the version of the Terms in effect on the date you complete your order. However, we may change these Terms from time to time, and when we do, we will post them on the Site. Your responsibility is to review the Terms each time you purchase from us.
Acknowledgment
- 1.1
YOU acknowledge that this SERVICE will operate only on those designated hardware and software platforms. YOU believe that it is YOUR responsibility to have the appropriate software, hardware, and internet connection to use the then-current version of SERVICE. COTODAMA, in our sole discretion, may modify the SERVICE, terminate any events hold through this SERVICE (“Website Event”), or discontinue any service through SERVICE at any time without notice, and COTODAMA also reserve all rights to cease supporting any hardware or software platform at any time without notice. - 1.2
YOU acknowledge that third parties provide some content of the SERVICE, and YOU also believe that this SERVICE may enable access to third-party services or websites. YOU agree to enjoy such services or websites and access at YOUR discretion, and such enjoyment shall be subject to the conditions and terms between YOU and such third parties., including but not limited to the price of merchandise, order confirmation system, maximum order amount, product delivery and payment policy. YOU also acknowledge and agree that COTODAMA will be not responsible for either the agreement between YOU and such third parties or any content provided by such third parties. - 1.3
YOU acknowledge that any software you downloaded or obtained via the SERVICE shall be used in compliance with the End User License Agreement (“EULA”) provided or contained therein. - 1.4
YOU acknowledge that nothing in this NOTICE gives YOU a right to use any of COTODAMA’s trademarks, service marks, product or service names, slogans, logos, or images unless YOU have agreed otherwise in writing with COTODAMA. - 1.5
YOU acknowledge that this NOTICE may reference other guidelines, notices, agreements, or other terms and conditions of website Event provided by COTODAMA or any information contained in the SERVICE, and such reference shall constitute an integral part of this NOTICE. - 1.6
YOU acknowledge that COTODAMA reserves the right to modify this NOTICE at any time, and each such modification shall be effective upon posting on the SERVICE. YOUR continued use of the SERVICE following any such change will be deemed YOU agree to be bound by and YOUR acceptance of the modified NOTICE. Therefore, YOU must regularly t read and visit this SERVICE to ensure YOU are updated on the applicable NOTICE. If YOU disagree to be bound by this NOTICE and abide by all applicable law, YOU must discontinue using the SERVICE immediately. - 1.7
YOU agree that the electronic format is the sole declaration of intention of this SERVICE or NOTICE. - 1.8
YOU acknowledge that this NOTICE may reference protecting your privileges; YOU shall abide by the Internet application custom. YOU agree the following actions are strictly prohibited: - 1.8.1
Any attempt to interfere, invade or destroy any system or resource on the Internet. - 1.8.2
It is transmitting materials that are threatening, obscene, pornographic, or destroying the public order and customs. - 1.8.3
They are spreading computer viruses through the network of the SERVICE. - 1.8.4
You are using any data mining, robots, or similar data gathering and extraction tools. If YOU use any software or tools above, YOU will be disqualified to participate in the Website Event.
Intellectual Property Right
- 2.1
YOU acknowledge that YOU are solely responsible for the information uploaded, transmitted, input, or provided to this SERVICE by YOU, and none of such information represents the opinion of COTODAMA. To avoid doubt, information includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Information”). - 2.2
When YOU uploaded, transmitted, inputted, or provided the Information to this SERVICE, YOU grant COTODAMA, its affiliates, and subsidiaries a worldwide, non-exclusive, non-revocable, royalty-free, transferable, sub-licensable right to promote and distribute part or all of the Information in any media formats with any manner, including without limitation to modify, reproduce, public broadcast, public transmission, adapt, distribute, publish, public release, or otherwise use the Information. - 2.3
If YOU do not have authorization for the above right, please do not upload, transmit, input, or provide Information to this SERVICE. - 2.4
If YOU are accused of allegedly infringing any third party IPR on three or more occasions, COTODAMA reserves the right to terminate and restrict YOUR access to the SERVICE. - 2.5
All title and intellectual property rights in and to any third-party content contained in the SERVICE or may be accessed through the use of the SERVICE is the property of the respective content owners and may be protected by applicable intellectual property-related laws and treaties. - 2.6
If YOU are aware of any actual or prospective infringement of any content of the SERVICE, or applicable laws or regulations require an infringement notification, please submit the report to COTODAMA Legal Compliance Department with the contact information indicated in this NOTICE; COTODAMA will proceed with the corresponding procedure by applicable laws. - 2.7
Upon receiving an infringement notification from a copyright holder or its agent, COTODAMA will remove, disable YOUR access to, or may take other actions to alleged infringing content or services according to applicable laws. If YOU believe that such content or services were not infringing, YOU may submit a counter-notification to COTODAMA Legal Compliance Department with the contact information indicated in this NOTICE; COTODAMA will proceed with the corresponding procedure in accordance with applicable laws.
Registration
- To use all services provided in this SERVICE, YOU acknowledge and accept the following:
- 3.1
YOU are required to provide true, accurate, current, and complete information about YOURSELF if prompted and requested by a registration process of the COTODAMA Account. YOU may access and correct YOUR personal information through this SERVICE at any time. - 3.2
YOU may view and change YOUR registration information by logging in and editing YOUR account settings on SERVICE. For the security of YOUR account, YOU will be required to sign in with YOUR login ID and password. YOU are solely and entirely responsible for securing the confidentiality of YOUR password and user name and for any activities that occur under YOUR account. - 3.3
Suppose COTODAMA finds that the account/password of the COTODAMA Account had been misappropriated. In that case, COTODAMA may immediately suspend or terminate such COTODAMA Account's password, account (or any part thereof), or use of this SERVICE and remove all the information related to such COTODAMA Account from this SERVICE. - 3.4
YOU shall comply with this NOTICE and not violate any applicable laws and regulations. COTODAMA reserves the right to verify the validity of YOUR membership at any time during or after any Website Event and reserves the right to disqualify YOU (even a Winner) from any Website Event including YOUR prize qualification who constitutes any misconduct for tampering or suspicion of tampering with Website Event without any notice. COTODAMA to enforce any of its rights hereof does not constitute a waiver of those rights.
Privacy Policy
- 4.
Due to respect to personal information, COTODAMA is committed to protecting and respecting YOUR privacy with COTODAMA Privacy Policy.
License and Restriction
- 5.1
Subject to the terms of this NOTICE, COTODAMA grants YOU a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to access or enter the SERVICE and its services. Any requests, including without limitation, in the SERVICE, are and shall remain the exclusive property of COTODAMA and/or its licensors. Except for rights granted expressly herein, YOU acknowledge that all other rights remain with COTODAMA. Nothing in this NOTICE intends to transfer any such rights or vest any such rights to YOU. - 5.2
No Removal of Notices: YOU agree that YOU will not remove, obscure, make illegible, or alter any notices or indications of any rights and COTODAMA’s rights and ownership thereof, whether such information or signs are affixed on, contained in, or otherwise connected to any materials.
E-Commerce
- 6.
Any purchases of products and services/support packages provided by COTODAMA shall be governed by the terms and conditions of the e-commerce store; please refer to COTODAMA sales agreements and relevant policies.
Term and Termination
- 7.1
If for any reason this SERVICE is not capable of running as planned, including but not limited to force majeure, technical failures, unauthorized intervention, fraud, or any other cause beyond the control of COTODAMA which corrupts or affects the administration, security, fairness, integrity or proper conduct of this SERVICE, COTODAMA reserves the right in its sole discretion to cancel, terminate, modify or suspend the SERVICE subject to any written directions from a relevant governmental authority. - 7.2
This NOTICE is adequate until terminated by YOU or COTODAMA. YOUR rights to use the SERVICE will be closed automatically without notice if YOU fail to comply with the terms and conditions mentioned in this NOTICE. In this regard, COTODAMA will not bear any responsibility to YOU. Upon termination of this NOTICE, YOU shall immediately cease all use of the SERVICE and its copies, in whole or in part.
Warranty Disclaimer and Limitation of Liability
- 8.1
COTODAMA ensures that the speaker system used in the SERVICE has the reasonably expected safety standard. - 8.2
YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED “AS IS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SERVICE IS WITH YOU, INCLUDING BUT NOT LIMITED TO THE RELATED COST OF ALL NECESSARY SERVICING AND REPAIR. TO THE EXTENT PERMITTED BY LAW, COTODAMA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SERVICE OR ANY OTHER INFORMATION OR DOCUMENTATION PROVIDED UNDER THIS NOTICE OR FOR THIS SERVICE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR ANY WARRANTY ARISING OUT OF USAGE OR OUT OF COURSE OF PERFORMANCE. COTODAMA ALSO MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THESE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. - 8.3
THE ENTIRE RISK ARISING OUT OF THE USE AND PERFORMANCE OF THIS SERVICE REMAINS WITH YOU. IN NO EVENT SHALL COTODAMA, ITS LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS NOTICE OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF COTODAMA HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. - 8.4
COTODAMA shall not be responsible for any incorrect or inaccurate information caused by the internet user or for any of the equipment or programming associated with or utilized in this SERVICE, or for any technical error, or any combination thereof that may occur in the course of the administration of this SERVICE including any omission, interruption, deletion, defect, delay in operation or transmission, communications line or telephone, mobile or satellite network failure, technical problems or traffic congestion on the internet or website, software failure, theft or destruction or unauthorized access to or alteration of entries and any injury or damage to YOUR computer related to or resulting from participating in or downloading any materials in this SERVICE. - 8.5
If any prize is provided in the Website Event, YOU acknowledge the following: - 8.5.1
COTODAMA accepts no responsibility for any tax implications that may arise from YOUR acceptance of the prize. You should seek independent financial advice. - 8.5.2
A prize is not allowed to transfer or exchange in whole or in part and cannot be liquidated unless specified otherwise. - 8.5.3
Suppose a prize is not available despite COTODAMA’s reasonable endeavors to procure the prize. In that case, COTODAMA reserves the right to substitute a prize of equal recommended retail value, subject to any written directions from a relevant governmental authority. - 8.5.4
COTODAMA accepts no responsibility for any subsequent variation in the prize value. - 8.5.5
If any failure of a prize winner to take the prize within a certain period indicated in the Website Event is deemed a waiver of the right for an award, COTODAMA, on its sole discretion, has the right to decide the substitution method of such prize winner.
Indemnity
- 9.
YOU agree to defend, indemnify and hold harmless COTODAMA and its affiliates, service providers, syndicators, distributors, licensors, officers, directors, and employees, from and against any losses, damages, liabilities, and expenses arising out of any claim or demand (including reasonable attorneys' fees and court costs), due to or in connection with YOUR violation of this Notice or any applicable law or regulation, or third-party right.
For further information regarding this NOTICE and referenced guidelines, contact COTODAMA Legal Compliance Department by registered mail or e-mail, at:
COTODAMA INC.
Company Representative: Mr. JIN SAITO
Address: 2F 6-3-16 MINAMIAOYAMA, MINATO-KU TOKYO 107-0062 JAPAN
Email: info@lyricarts.jp
Updated January 01, 2022, by COTODAMA INC.