WorldCosplay Terms of Use

1. Your Acceptance

1-1 This Cure WorldCosplay Terms of Use (the "Terms of Use") set out the terms and conditions of use of “Cure WorldCosplay” (the “Service”) which is provided by Cure Inc. (“The Company”). Any individual that uses the Service (the "User" and collectively the “Users”) is considered to have agreed the terms and conditions under the Terms of Use by using the Service.

1-2 All related notifications that The Company provides in accordance with the Article 3-1 will be incorporated in the Terms of Use.

2. Modification

2-1 The Company may, in its sole discretion, modify or revise the Terms of Use at any time without obtaining the User’s prior consent. User’s continued use of the Service will constitute User’s acceptance of the modified or revised Terms of Use.

2-2 The modified or revised Terms of Use will be effective and enforceable on the date the modified or revised Terms of Use are posted on the Service website unless otherwise expressed by The Company.

3. Notification

3-1 The Company will provide the Users with necessary information from time to time by means of notification that The Company considers, in its sole discretion, reasonable such as sending an e-mail, posting on the Service website etc.

3-2 The notifications mentioned in the Article 3-1 will be effective and enforceable on the date such notifications are sent or posted on the Service website.

4. Eligibility

Minors can use the Service only after acquiring consent from their legal representatives such as parents.

Users who are minors with photos which include suggestive themes or extreme violence and do not apply to articles 7 and 8 will have the photos judged by Cure WorldCosplay if they violate the rules of our service. We may delete or alter the content rating of the photos.

5. Registration

5-1 In order to use the Service, the User needs to register for the Service and provide true, accurate, current and complete self-information in accordance with the registration form.

5-2 Upon accepting the User’s registration, The Company will provide the User with a set of User ID and password for the Service.

5-3 The Company can at any time suspend the User’s account when The Company reasonably believes that the User failed to provide true and accurate data.

6. Account and Password Security

6-1 The User shall be fully responsible for the security of the User ID and password including but not limited to damages, losses and/or expenses from being used in error or wrongfully used.

6-2 The User shall notify The Company of any unauthorized use of the User’s ID or password immediately after recognizing such use and follow The Company’s instruction, if any, in order to prevent the User’s ID and password from being used wrongfully.

6-3 The User shall be fully responsible to manage and store all data of photographs, information, text, images, graphics, data or other materials (the “Content”) they have created on their own responsibility. The company shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service. The User shall be solely responsible for creating back-ups of their Content.

7. Photo Publishing

Photos of the user, props made by the user, photos taken or edited/collaborated by the user, and photos of the user's likeness posted with permission from other users may be uploaded to this website. (Below, these specified photos will be referenced as “submitted photos”)

However, the creation and processing of the photograph which was uploaded to our service cannot be uploaded by users other than the user/subject photographed, photographer, post-processor/editor, and related persons directly involved in the creation of that photograph. (Below, these specified people will be referenced as “directly involved persons”)

If any of the directly involved persons request for any submitted photos to be removed, they have the right to remove the photos from our service.

If the photo is published by a minor, any display of suggest themes, violence, and similar unsuitable displays will be removed. Please check the list below, as they are grounds for removal.

  1. Display or exposure of genitals, or extreme exposure of skin
  2. Sexually related, sexually implied, touching of genitals, intercourse, or sexual actions
  3. Images or ideology of extreme violence, mayhem, or imitation of such behaviors where it may cause danger or stimulate someone to do the same

8. Restrictions

The following conducts are prohibited on the Service. The User agrees that the Company may remove or delete the Use’s account, the User’s profile data and/or any images that the User has uploaded and prohibit future use of the User. In addition, the Company shall not responsible to salvage the removed images.

  1. Conducts that violate, intentionally or negligently, the Terms of Use;
  2. Infringement or possible infringement of intellectual property rights such as copyright or design right of the Company or a third party;
  3. Reprinting of image data from this site without the creator's permission;
  4. Violation or infringement of any property, privacy or copyright of the Company or a third party;
  5. Conducts that discriminate unfairly or slander of the Company or the Third Party, encourage of discrimination against the Third Party, or damage their reputation or credibility;
  6. Posting the following images and information;
    1. Information that slanders any Posted Images maintained on the Service;
    2. Information identifying the name, address, work place, telephone number of the contributor (Including the case one can identify by checking through the posted images);;
    3. Images and information that its veracity is difficult to confirm, or deceptive content;
    4. Any other images and information that the Company has determined to be inappropriate;
  7. Conducts that violate laws, regulations or ordinances of the countries and/or regions where the Service has been provided;
  8. Conducts that upload illustration and/or photographs of animals, still life (excluding self-produced cosplay tools and clothes), landscape and/or ready-made products themselves.
  9. Conducts that may express sexually explicit including but not limited to a child porno and descriptions of sexual organs or intense violence, result in criminogenic effect, defamation, discrimination, ignore public order and standards of decency, or give someone a discomfort feeling; 
  10. Conducts that may result in any impersonation of any person or entity, including but not limited to the Third Party; 
  11. Conducts that may spread false information and deceive other Users;
  12. Conducts that may collect personal data of the Third Party; 
  13. Glorifying, provoking or encouraging suicide, parasuicide or drug abuse;
  14. Conducts that may disrupt or interrupt the operation of the Service;
  15. Commercial advertising activities that The Company considers excessive or improper;
  16. Conducts that may set links of a third party’s website or induce traffic from a third Party’s websites that The Company considers excessive or improper;
  17. Posting image data for commercial or for-profit advertisement, publicity or inducement (except those we accept), image data containing links of affiliates, endless money chains, chain mails, MLM, read-mails, image data that aims to spread harmful programs such as adult sites, one click fraud sites, virus, other image data that we judged to be leading to inappropriate sites (including the site link), or image data that the Company judged inappropriate;
  18. Expression usage that may cause discrimination on race, ethnic, gender, age or opinion;
  19. Putting burden on the server over the normal extend or damaging the service operation or network system;
  20. Rewiring or deleting information stored on our facilities improperly;
  21. Sending or posting computer programs which contains harmful virus;
  22. Any action that violates the laws, morality, the terms or other conditions, or that the Company judge violating the right of others;
  23. Conducts that may detriment or slander the Service; and
  24. Any other conducts that the Company considers improper.

9. Rights to image data

The Users who posts the Posted Images on the Service shall assure that the Posted Images do not violate any right of a third party. In case any disputes such as violating any right of a third party occure on the Posted Images, the User must solve the dispute at the User’s responsibility and expense and the Company will not be held responsible. The user shall not harm the Company whatsoever.

10. Intellectual Properties

10-1 The Company owns all copyrights and other intellectual property rights in the software etc. provided by the Company in relation to the Service (the “Software”). The Company grants the User the non-exclusive right to use the Software only for the purpose of using the Service. The User shall n not reproduce, copy, modify, translate, create a derivative work from, reverse engineer, decompile or reverse assemble the Software without obtaining prior written approval from the Company.

10-2 The User agrees to grant the Company the royalty-free and perpetual right, in related to the Posted Images, to modify, copy, revise, alter (including but not limited to resize and change the brightness of the photograph) or sublicense of such rights to the extent that the Company may deem necessary (“Modification”). When the Company use information of the Content, the name or part of the information displayed can be omitted.

10-3 The User agrees not to exercise the moral right of the Posted Images, nor to have the author exercise the moral right of the Posted Images, when The Company exercises the license in accordance with the Article 9-2 above.

11. Storage

The Company shall not be responsible for storing the Posted Images in the Service. Therefore, the User should always have the back-ups of such photographs.

12. Suspension of the Service

The Company may temporarily cease the provision of the Service without prior notification to the User when the following events occurred;

  1. When the facilities of the Service are during maintenance;
  2. When the facilities of the Service are in failure;
  3. When the telecommunication provider fail to provide the service; or
  4. When The Company considers it necessary.

13. Termination of the Service

13-1 The Company may, at any time, modify or cease all or part of the Service. 13-2 The Company will delete all or part of the Posted Images upon termination of the Service. The User cannot request The Company to return such Posted Images.

14. User’s Information

14-1 The Company may collect the User’s information including name, gender, birthday, User ID, password, mail address, IP address, access history (“User’s Information”). The Company will manage such User’s Information properly and use such User’s Information for the following purposes:

  1. For identification or to prevent fraudulent use;
  2. To introduce The Company’s products or services;
  3. To provide information in relation to the Service;
  4. To analyze such personal information for the purpose of improving the Service;
  5. To provide advertisement in regard to The Company or its business partners;

14-2 The Company may provide a third party with User’s Information in the following circumstances:

  1. When The Company provides certain business partner with User Information to the extent that the business partner needs to know such User’s Information in order to implement the business in relation to the Service entrusted by The Company, only after The Company has imposed on the business partner an obligation, in a contract etc., to manage such User’s Information properly; or
  2. When The Company provides the result of the analysis of User’s Information, only after editing and processing such User’s Information into unidentifiable information.

14-3 The Company will not provide the User’s personal information to a third party, except in the following circumstances:

  1. When the User personally agree to such provision in advance;
  2. When the law allows;
  3. When The Company finds sufficient reasons to believe that the User is violating the Terms of Use and has to disclose the User’s personal information in order to protect The Company’s rights, properties or services;
  4. When it is necessary to protect a person’s life, body or property, and obtaining the User’s prior consent is difficult; 
  5. When it is especially necessary for improving public health or promoting the sound growth of children, and obtaining the User’s prior consent is difficult;
  6. When The Company is required to cooperate with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations, and obtaining the User’s prior consent is difficult; or
  7. In the case that the User’s personal information is provided as a result of the succession of our business in a merger, demerger, business transfer, etc.

15. No Warranty and Disclaimer

15-1 The User acknowledges that he/she uses the Service at his/her own risk and responsibility. The User shall prepare necessary PC, mobile phone, device, communication device, operating system, communication means and power necessary for using the Service under the User’s own responsibility and at the User’s own expense.

15-2 The Company doesn’t guarantee that the Service (including but not limited to the Posted Images) is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness to certain purpose, security-related faults, flaws, bugs, violation of rights). The Company shall not be responsible for providing the Service without such defects.

15-3 On no event will The Company be liable to the User for any damages and losses arising out of the use of the Service and/or the provisions of the Terms of Use including but not limited to Article 2 (Modification), Article 6 (Account and Password Security), Article 7 (Upload), Article 11 (Storage), Article 12 (Suspension of the Service), and Article 13 (Termination of the Service).

15-4. The Company is not involved in communication between the Users. In case any dispute occurs among the Users, the Users must solve at the Users’s responsibility, and the Company will not hold any responsibility;

15-5. The Company, concerning the Posted Images, and other information about the Posted Images, takes no responsibility in the accuracy of legally documenting information. The Company also assumes no responsibility on suitability for the Posted Images by the User, concerning the internal rules of propriety for corporations and organizations they belong to;

15-6. The Company, in the cases listed below, shall browse, store, or disclose to third parties, concerning the Posted Images and information about the Posted Images. (will state hereinafter in this subsection as "viewed."). The Company assumes no responsibility whatsoever for any damages resulting from this action:

(1) In case the Company send an email to seek the approval of viewing to the User who posted the Posted Images, and if applicable in one of the following cases: The Company, in the case of an e-mail sent requesting agreement for inspection to registered users who post the Posted Images falls under any of the following listed in each item:

  1. When the Users agree to such inspection;
  2. Answers of the Users by e-mail does not reach to the mail serves of the Company within 7 days after the Company send the e-mail to seek the approval of viewing. Except when there is an unavoidable reason like an emergency;
  3. To ascertain and solve the technical trouble of the Service;
  4. When the Company receives the official referral by law from courts, police and other public institutions;
  5. When the Company judges the Company needs to confirm the content of the Posted Images and information about the Posted Images in case that the Posted Images are violating or may have violated Terms and Conditions or any other conditions;
  6. If the Company judges that there is an urgent need to prevent damages to a person's life, body, or property;
  7. When there are needs to operate the site appropriately.

15-7. The Company may terminate or suspend the membership, delete all or part of the image data or change the published limitation of the User when the Company judge there are enough reasons to support that the User violated or may have violated the Terms and Conditions or any other conditions. The Company assume no responsibility whatsoever for any damages resulting from this action.

16. Indemnity

In case when The Company has suffered a loss or damage or been charged an expense (including but not limited to the lawyer’s fee) directly or indirectly (including but not limited to the case when The Company has been claimed by a third party) due to the User’s use of the Service violating applicable laws or the Terms of Use, the User shall immediately compensate or indemnify such a loss, damage and/or an expense according to The Company’s demand.

17. Separability

If any provision of the Terms of Use is found by a court of competent jurisdiction or governmental authority to be invalid, the provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be fully effective and enforceable.

18. Right of Termination

The Company, in following ways, can make public changes and can delete all or parts of the information concerning Posted Images (including images themselves) that violate the terms and conditions:

  1. When the Company will determine the information concerning the Posted Images (including images themselves) as obscene;
  2. When professional or public institutions (national, local governments, organizations ensure reliability guidelines set forth in the law regarding disclosure of information and the caller's liability limits specified telecommunications service provider, the Internet Hotline, or lawyers) point out that the Posted Images or information about the Posted Images are illegal, offensive to public order and morals or violates the right of a third party;
  3. When a third party claims the copyright of the Posted Images;
  4. When the Company believes that the Posted Images and information about the Posted Images violate the copyright of third parties.

19. Procedure to Prohibited Act

The Company will take the following measures upon the perpetrating user when the User violates the Terms and Conditions, and any other conditions, or when the Company judges necessary:

  1. Request to delete or revise the Posted Images;
  2. Delete part or all of the Posted Images, change the range of publication or disable browsing;
  3. Compulsory execution to terminate the membership;
  4. No acceptance of the membership.

The user shall have no objection to these measures of the Company.

20. Anti Social Forces

20-1. Users must warrants that Users are not /will not be the Anti Social Forces, a member of the Anti Social Forces, or do /will not have any socially criticized relationship with the Anti Social Forces, which shall mean an organized crime group, a corporate racketeer, and any other similar organization. The Users must warrant that Users do/will not claim made with forceful behavior or acts of violence, use threatening statements or violent acts, or act/ behave which may cause damage to The Company’s credit or its business by spreading false rumors or the use of fraudulent ways or by force. 20-2. Users shall understand and agree that The Company is entitled to terminate Users’ ID by the Company’s sole discretion without prior/any notice if Users breach any of the above 1.

21. Superiority of Japanese Version

Although The Company has provided the User with the translations of the Service and the Terms of Use in English and other languages, the User agrees that such translations are provided only for the purpose of the User’s convenience and that the Japanese language version will govern the relationship between the User and The Company. If there is any contradiction between the Japanese language version and its translations, the Japanese language version will supersede such translations.

22. Governing Law

The Terms of Use shall be governed and construed in accordance with the laws of Japan without regard to its conflict of law provisions.

23. Jurisdiction

The User agrees that any and all claims, causes of action or disputes between the User and The Company arising out of or relating to the Service and/or the Terms of Use shall be governed under the exclusive jurisdiction of the Tokyo District Court.

This Terms of Use shall be effective as of December 22, 2011.
Last updated: August 27, 2019

Conflict of Interest Management Policy

SCOPE AND IDENTIFICATION

This policy applies to all management, prospective or current employees of Cure Inc. (CURE), as well as contractors and persons acting on behalf of the company and sets out CURE arrangements in connection with the identification, documentation, escalation and management of conflicts of interest. A “Conflict of Interest” is a situation where one or more persons have competing interests and the serving of one interest may involve detriment to another; any professional situation in which the discretionary powers of a person orenterprise may be influenced or altered by personal considerations or the influence or pressure exerted by a third party.

This policy seeks to ensure that a Conflict of Interest does not adversely affect the interests of COT Holders, CURE, its shareholders or other stakeholders through the identification, prevention or management of the Conflict of Interest.

UNDERLYING PRINCIPLE

Where a person has a material interest in a transaction with or for a client or a relationship which gives rise to an actual or potential conflict of interest in relation to the transaction, it should neither advise, nor deal in relation to the transaction unless it has disclosed that material interest or conflict to the client and has taken all reasonable steps to ensure fair treatment of the client.

CURE INC RESPONSABILITIES

All Employees and others acting on behalf of CURE are responsible foridentifying and managing Conflicts of Interest on an ongoing basis and are required to:

  • Comply with this policy relating to the identification, documentation, escalation and management of Conflicts of Interest;
  • Act with integrity and the requisite degree of independence andobjectivity
  • Avoid, where possible, situations giving rise to Conflicts of Interest due to possible personal financial interest, dealing with family members or close relationships, previous, current or potential future involvement in an activity or endeavour;
  • Immediately notify their supervisor of the existence and generalnature of a Conflict of Interest;
  • Immediately disclose Conflicts of Interest to the chairperson when participating in decision making and, if the chairperson sodetermines, remove themselves from the decision making process and not seek to influence such decisions;
  • Avoid supervisory or control relationship with closely related persons;
  • Not misuse sensitive information that could lead to a Conflict of Interest;
  • Manage sensitive information on “Need to Know” basis;
  • Challenge and escalate promptly issues of concern to their supervisors so that Conflicts of Interest may be appropriately reviewed, managed and resolved;
  • Comply with applicable rules which require transactions and arrangements between CURE and a related party to be carried out on an independent, arms-length basis.
Special duties for members of senior management (staff who are responsible for, or have significant influence over, the direction and day-to-day management) :
  • sponsor and encourage an appropriate culture and the fair handling of Conflicts of Interest;
  • Be engaged in the implementation of policies, procedures and arrangements for the identification, documentation, escalation, management and monitoring of Conflicts of Interest;
  • Raise awareness and promote adherence of staff;
  • Sponsor systems and controls to document, track, manage and mitigate Conflicts of Interest risk
  • Regulate incentives or performance measures that can give riseto Conflict of Interest.

ORGANISATIONAL ARRANGEMENTS IN RESPECT TO THE MANAGEMENT OF CONFLICT OF INTEREST

Segregation of duties

CURE implements a framework that requires the independence of control functions, including compliance, risk, and audit.

Conflict of interest record

CURE maintains a register that records the types of Conflicts of Interest that have arisen in the course of its operations and the resolution applied to such conflicts.

Compliance

CURE has enough staff dedicated to compliance role to maintain an efficient and effective management and resolution of conflict of interests.

Data walls

CURE maintains information barriers that are designed to restrict dataflows between different areas of the company. These restrictions enable CURE and its employees to carry out duties without being influenced by other information which may give rise to a Conflict of Interest. Where a staff member is required by any other policy or procedure to share information with other staff, data is shared in accordance with “need to know” policy or procedure provided that such sharing of information does not breach this Conflicts of Interest Policy.

Escalation

CURE operates internal escalation processes for Conflicts of Interest. The escalation processes are required to enable the Conflict of Interest to be escalated on a timely basis and considered at an appropriate level of seniority and by the correct stakeholders to arriveat the most appropriate resolution.

Whistleblowing

CURE provides appropriate channels for the safe reporting of Conflictsof Interest within the company where a staff member considers this tobe the appropriate channel to draw the matter to the attention of the company.

Disclosure

In certain circumstances, CURE may determine that its arrangements to prevent or manage Conflicts of Interest may not be sufficient to protect a user or holder of Cosplay Tokens (COT) interest from material damage and the user or holder of COT must be made aware of this. Alternatively, CURE may decide in particular circumstances that a user or holder of COT should be made aware of the potential fora Conflict of Interest and the arrangements that will be put place to manage the conflict. Where appropriate, disclosure to an affected user or holder of COT may be made to inform the user or holder of COT of the arrangements and/or to specifically seek its consent to act.

SPECIFIC PROCEDURES APPLIED IN THE MANAGEMENT OF CONFLICT OF INTEREST

Analysis independence

A conflict of interest may arise where the content of reports or other public statements by a staff at CURE on users of the platform or their personal tokens do not represent the analyst’s genuinely held beliefs.

Inducements

A conflict of interest may arise where CURE has received an inducement from a third party that might conflict with the interests of COT holders. Any inducement must be assessed for appropriateness and managed in context of any conflict of interest that may arise.

Purchase of COT

A Conflict of Interest may arise if a staff member receives, transmits, executes or otherwise handles a sale of COT. CURE has an automated system to protect buyer/seller from such conflict of interest furthermore it requires staff to act honestly, fairly and professionally in accordance with the best interests of a customer prohibiting improper conduct such as front-running client orders.

Outside business interests

A conflict of interest may arise where staff members have business interests that may conflict with CURE or the COT holders. CURE imposes disclosure and approval requirements, enabling the identification, management and, if necessary, prohibition of outside business interests that may give rise to a conflict of interest.

Employee trading

A conflict of interest may arise where staff members have trading interests that may conflict with CURE or some COT holders. Particularly in conflicting tokens whether inside of outside the CURE platform.CURE requires disclosure and approval for personal trading accounts and pre-clearance for specific trading activity.

Remuneration of staff

A conflict of interest may arise where CURE remuneration practice could incentivise a staff member to act contrary to their responsibilities or the best interests of COT holders. Remuneration is assessed by CURE for appropriateness and managed in context of anyconflict of interest that may arise.

Gifts

A conflict of interest may arise where a staff member receives or offers a gift or entertainment to or from third party representative, clients or vendors that constitutes an inappropriate incentive for a staff member to act in a certain way. CURE does not permit the offering or acceptance of gifts or entertainment by a Staff Member unless it is reasonable, proportionate and for a legitimate business purpose.

Conflicts of Interest relating to clients can be described as scenarios where the CURE staff member is likely to make an inappropriate financial gain or avoid financial loss at the expense of a client or has an interest in the outcome of a service or transaction provided to a client.Conflicts of Interest relating to clients can also arise when staff has a financial or other incentive to favour the interest of a client over the interests of another client or receives an inducement in relation to a service provided to the client other than a standard commission or feefor that service

Those conflicts relate to situations where staff member’s interest in the outcome of a particular activity or endeavour differs from the CURE’s interest or a staff member has the opportunity to influence CURE’s granting business or making administrative and other material decisions in a manner that leads to personal gain or advantage for thestaff member or a family member or close relationship.Conflicts of Interest can also arise in respect to existing financial or other interest or previous engagement in an endeavour or activity or relationship with another person, impairs or could impair their judgment or objectivity in carrying out their duties and responsibilitieswards CURE.

Effective as of Nov.26 2019
Last updated on Nov.26, 2019