Article 1 (Preface)

• (1) This “Terms of Use for Smile Stix for iPhone” (hereinafter referred to as the “Terms”) determines the condition of the services stipulated in Article 5 (hereinafter referred to as the “Service”) Cosmo Media Service Co., Ltd. (hereinafter referred to as the “Company”) offers through “Smile Stix for iPhone” (hereinafter referred to as the “Application”).
• (2) Use of the Service premises the customer has thoroughly read and agrees with the Terms. In the event that the Terms cannot be agreed upon, the Application cannot be used, and the Service will be stopped immediately or deleted from the terminal.
• (3) The Company may change the articles stipulated in the Terms. Amended Terms will take effect at the time when the amendments are posted on the Website. In the event that a user cannot agree with the amended Terms, the Application will be deleted immediately from the terminal. When the Application is used after the amendment of the Terms, it is deemed a user has agreed with the Terms.

Article 2 (Ownership of copyright, etc.)

• All rights with respect to the Application are retained by the Company or an authorized third party. The Company, unless otherwise stated in the Terms, prohibits violation of rights retained by the Company or a third party who owns the copyright, such as unauthorized reproduction, modification, analysis, disclosure, broadcasting, exhibition, distribution, transfer, lease, translation, adaptation, transmission, reprint, record, sublicense, registration of right and/or application.

Article 3 (Responsibility of Application users)

• (1) Application users shall use the Application at their own risk and agree to bear responsibility for all actions, the consequences and damages as a result of using the Application.
• (2) In the event that an Application user was detrimental to other’s reputation, violated a right to privacy, disclosed unauthorized personal information of a third party, and/or violated a right of other person (including but not limited to copyright, trademark, and right of publicity), the users must solve the case at their own risk and expense to which the Company shall not be liable.
• (3) In the event an Application user incurs damages to the Company or third party by violation of the Terms, the Application user shall compensate such damages. In the event that a third party files litigation against the Company arising from violation committed by the Application user, the Application user shall compensate the Company for damages and expense (including legal fees within a reasonable range).

Article 4 (Prohibitions)

• Application users shall not engage in the following acts in using the Application. In case of damages incurred to the Company as a result of violation committed by an Application user, such Application user shall be held liable for compensating the damage.
• (1) Violation of copyright, trademark, right to privacy, right to publicity, right against defamation, and other rights or use of contents that may violate the rights.
• (2) Use of contents that violate a privacy of a third party.
• (3) Use of contents that contains personal information (name, e-mail address, address, and other information that could identify a person concerned) of a third party without a permission of the third party.
• (4) Use of pornographic photographs and other obscene contents.
• (5) Use of violent, grotesque photographs and/or others those general users may find unpleasant.
• (6) Use of contents that contain extreme abuse, cruelty or contribute to inducing or facilitating crimes, thereby hindering a sound growth of children and youths.
• (7) Use of contents that violate or are likely to violate public order and standards of decency.
• (8) Use of contents that contain discriminatory expression
• (9) Use of inappropriate expressions such as defamation, slander, complaints, and discriminatory statement (including symbols used in place of censored words) against the Company, specific companies, corporations, entities, communities and individuals.
• (10) Use of Application through methods other than approved by the Company.
• (11) Modification, disassembly, decompiling, and reverse engineering of the Application.
• (12) Act which is determined inappropriate by the Company.
• (13) In addition to the preceding items, any acts which violate laws, regulations and ordinances and create disturbance to public order and standards of decency.

Article 5 (Contents of the Service)

• (1) Functions of the Services are available with the Application for the purpose of creating and ordering stickers using information and images provided by Application users (use of information and images other than the user must obtain consent from that person).
• (2) Terminal, software (OS, application, browser, etc.) and the Internet access environment necessary for use of the Service as determined in the preceding paragraph are provided by Application users.
• (3) When downloading and using the Application, basic and packet communications charges for iPhone determined by a mobile company, and charges necessary for the Internet communications using iPhone are borne by Application users (regarding charges, customers are requested to contact the mobile phone company).
• (4) The Company may change content of the Service without approval of Application users under the following cases. Such cases are not intended to make any compensation.
• a) When the Company determines it necessary for providing stable service
• b) When the Company determines it necessary for improving convenience of Application users.
• c) When there are other socially due causes.

Article 6 (About the product)

• (1) Product specification shall be limited to that determined by the Company and the Company cannot respond to any request other than the said specification.
• (2) Product ordered by the Application user shall be delivered to an instructed address by a delivery service designated by the Company by the date of product delivery suggested in representation pursuant to the provisions of Act on Specified Commercial Transactions.
• (3) Even if it is sent to the specified address, we bear no responsibility if merchandise does not arrive due to the following reasons:
• a) the content violates the laws of the destination country and is destroyed by customs;
• b) the content uses images that violate copyright and is destroyed by customs;
• c) any other reason for which blame cannot be attributed to our company.

Article 7 (Quality, replacement, return or storage of product)

• (1)　Finishing quality of a product depends on the quality of image uploaded by an Application user. In addition, a quality may differ between the image on the Application user’s screen and the actual output from the printer. Even if quality of actual finished product does not meet the expectation of an Application user, the Company shall not bear any responsibility.
• (2) Once the order is placed, a product cannot be returned, replaced or cancelled as the Company adopts 100% built-to-order production. However, in the event that a product evidently has a defect or a delivered product was not the ordered product, such product shall be replaced. In this case, an Application user must contact the Company in a manner separately specified in the Terms within seven (7) days after a product is received and communication fees required for such notification is borne by the customer. In addition, when data retention period is over, a customer may be asked to reorder.
• (3) When a product is returned due to data error entered by an Application user, such Application user may take a redelivery procedure prescribed by the Company. For redelivery procedure, the Application user shall enter correct information and pay a redelivery fee separately.
• (4) In addition to the preceding paragraph, in case a product cannot be delivered due to reasons the Company is not responsible for, it will be notified to an Application user and the Company shall keep the product for fourteen (14) days; if there is no further request for delivery from the Application user within the period, then a product shall be discarded. Even in such case, the Application user shall not be released from the obligation to pay usage fee pursuant to Article 8.
• Returned goods, in principle, shall be refunded in exchange of the product.

Article 8 (Usage fee and payment method)

• (1) In the course of the Service, an Application user shall pay the Company a prescribed Service usage fee. The amount of subtotal payment is calculated by adding shipping cost to goods price.
• (2) A payment method used to pay the usage fee is selected from the methods designated by the Company.
• (3) An Application user shall conform to the Terms of Use of a payment service provider for the selected payment method.

Article 9 (Retention period of image data)

• (1) Effective period for which image data of created stickers are stored on the Company’s server is seven (7) days after the date of shipment of such stickers, which is retained for the purpose of reprinting and shall be erased after expiration of the retention period.
• (2) Pursuant to the preceding paragraph, no data for the same content of stickers shall be stored for the purpose of reprinting. For order of reprinting the same content of stickers, stickers’ data stored on the Application user’s terminal must be used.
• (3) In the course of the Service, the Company shall bear no responsibility for loss of stickers’ data stored on the Application user’s terminal.

Article 10 (Temporary suspension of the Service)

• (1) In providing the Service, the system is in principle operated 24 hours a day except holidays, however, this shall not apply in cases of maintenance of the Service facilities or interruption of the Service due to power cut, accident, disaster, etc. In such events, the Company notifies Application users prior to interruption to the extent possible, but may omit the notification in the event of sudden or emergency situation.
• (2) The Company proactively reinforces the server facilities according to the volume of usability by Application users, however, there may be a case where the server cannot process all services due to a rapid increase in usage and Application users may not be able to use the service temporarily under such circumstance.
• In the event that damages incur on Application users due to delay or interruption of the Service for any of the reasons mentioned in each of the preceding paragraph, the Company shall bear no responsibility for said damage, except in case of intentional or gross negligence by the Company.

Article 11 (Disclaimer)

• The Company shall be exempted from the responsibilities for the provisions provided in the preceding Articles and the following paragraphs.
• (1) While careful attention is paid to a product shipment schedule, the Company shall not be liable to events that occur as a result of delayed delivery or other secondary causes.
• (2) In case of equipment failure or order beyond production capacity, a standard shipment may not be performed.
• (3) When images, etc. are saved and edited by Application users, they may be deteriorated due to server load or influence of telecommunications line. The Company shall not bear any responsibility for such deterioration of images, etc.
• (4) When images, etc. are uploaded by Application users from the smartphone, server load or condition of telecommunications line may result in damage to data or undelivered e-mails. The Company shall not bear any responsibility for such failed attempt in uploading images, etc.
• (5) When images, etc. are uploaded by Application users, server load or condition of telecommunications line may result in deterioration of images or unable to view the images. In such case, the Company shall not bear any responsibility for damages incurred on the Application user or third party (including opportunity loss and other indirect damages; the same shall apply hereinafter).
• (6) When images, etc. are browsed by Application users or third party, server load or condition of telecommunications line may result in deterioration of images or unable to view the images. In such case, the Company shall not bear any responsibility for damages incurred on the Application user or third party.
• (7) When the authentication service provided by other company terminates or users voluntarily suspend or cancel a member authentication service or all pertaining services, there is a possibility of service being unavailable and the Company shall not bear any responsibility for damages incurred on the Application users due to such unavailability of the Service.
• (8) In the event that a defect is identified in the Service, the Company endeavors to correct such defect as promptly as possible, however, the Company shall not bear any responsibility for damages incurred on the Application users due to use of the Service and on the Application users and third party due to unavailability of the Service.
• (9) Excluding the case of debt default due to intentional or gross negligence by the Company, in the event of damages incurred on the Application user caused by conduct of debt default by the Company, the Company shall bear responsibility solely for normal and direct damages incurred on the Application user and shall not be liable to compensating lost earnings and other indirect damages regardless of the cause of claims. In addition, the Company shall compensate the amount the Company received from the Application user as its upper limit and shall not be liable to the amount exceeding such limit.
• (10) For this service, should an accident occur during delivery of merchandise, the company bears no responsibility.
• (11) Users of the app shall follow the rules and laws of their own country and of the destination countries. Should they violate the law of any of these countries during use of this service, the company bears no responsibility for punishments incurred.
• (12) The company bears no responsibility for any losses incurred by the user of the app from the destruction of merchandise from this service due to violations mentioned in the preceding clause, or for any losses incurred by the user of the app or by a third party due to inability to use this service.
• (13) The company is not aware of the copyright status of data used by users of the app on this service, and it is the responsibility of the user to comply with Japan's Copyright Act. The company bears no responsibility for losses incurred by a user or by a third party due to violation of a third party's copyright.

Article 12 (Termination of the Service)

• The Company may terminate the Service by notifying termination of the Service three (3) months prior by method prescribed by the Company.

Article 13 (Handling of Personal Information)

• When orders are placed, the Company handles customers’ and other personal information. To this end, the Company establishes a system which conforms to JISQ15001: 2006 (Personal Information Protection Management System - Requirements).
• When entering your personal information, customers are requested to read and agree to the “Company’s Handling of Personal Information”. It should be noted that orders can be placed only after customers agreed to the “Handling of Personal Information”.

Article 14 (Governing law and jurisdiction)

• The Terms shall be governed by the Japanese law. In the event of filing litigation over conflict between the Company and the Application user, the Tokyo District Court shall be exclusive jurisdiction of the first instance.

Established on August 1, 2014