USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with niconico swimwear, and only in compliance with this Agreement and all applicable laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at firstname.lastname@example.org. The Service is not available to any Users previously removed from the Service by niconico swimwear. niconico swimwear reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
niconico swimwear accounts
You must create an account at niconico swimwear in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify niconico swimwear immediately of any breach of security or unauthorized use of your account. niconico swimwear will not be liable for any losses caused by any unauthorized use of your account.
The Service is available through Facebook’s “Facebook Connect” service. [You must have an active Facebook account in order to access the Service through Facebook Connect], and you hereby represent and warrant that you have read and agreed to be bound by all applicable Facebook policies and will act in accordance with those policies, in addition to your obligations under this Agreement. If you access the Service through Facebook Connect, niconico swimwear may require that your niconico swimwear user ID be the same as your user name for Facebook. If you sign into niconico swimwear through Facebook Connect, you will provide your Facebook account credentials to niconico swimwear, and you are consenting to have the information in that account transmitted into your niconico swimwear account, and you agree that you shall only use Facebook accounts owned by you, and not by any other person or entity.
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) using the Service for any commercial purposes; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Service; (x) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein,
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the niconico swimwear Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to niconico swimwear, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are solely responsible for your interactions with other niconico swimwear Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. niconico swimwear shall have no liability for your interactions with other Users, or for any User’s action or inaction.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications.
niconico swimwear takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that niconico swimwear shall not be liable for any damages you incur or allege to incur as a result of User Content.
END USER LICENSE GRANT
niconico swimwear service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, non-commercial use, as permitted by the features of the Service. niconico swimwear reserves all rights not expressly granted herein in the Service and the niconico swimwear Content. niconico swimwear may terminate this license at any time for any reason or no reason.
OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the ” niconico swimwear Content”), and all Intellectual Property Rights related thereto, are the exclusive property of niconico swimwear and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the niconico swimwear Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
NICONICO SWIMWEAR E-GIFT CARDS
niconico swimwear e-gift cards (“E-Cards”) may be used to purchase any eligible product available for purchase in niconico swimwear online catalog. In order to purchase or redeem an E-Card, you must have a niconico swimwear account. The recipient of an E-Card will be notified via email; if the recipient does not have a niconico swimwear account at the time he or she receives such email, he or she will be prompted to create a niconico swimwear account to activate the E-Card.
Once the recipient of the E-Card activates the E-Card, then the value of the E-Card will appear in the recipient’s niconico swimwear account as a credit toward purchases on niconico swimwear If a purchase exceeds the amount of the E-Card, the balance must be paid by credit card or other available payment method, in accordance with niconico swimwear standard payment policies. E- Cards cannot be used to purchase other E-Cards. Purchases made with E-Cards are not eligible to earn Store Credits. E-Cards do not expire.
Except where prohibited by applicable law, E-Card recipients may not (a) receive refunds for E-Cards, (b) resell or otherwise transfer E-Cards to others (including without limitation transferring E-Cards to other niconico swimwear Users’ accounts), or (c) redeem unused E-Card balances if they cancel their niconico swimwear account. E- Cards may neither be traded nor exchanged for cash. niconico swimwear is not responsible for any unauthorized use of an E-Card.
niconico swimwear cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
THIRD PARTY LINKS
You agree to defend, indemnify and hold harmless niconico swimwear and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your username, password or other appropriate security code.
If you have any questions regarding this Agreement, you can contact us at email@example.com.