Terms of Use for COLOR MIRROR

These Terms of Use (“Terms”) apply to your use of the COLOR MIRROR ("COLOR MIRROR " or the "Service"), operated by MemoMi Inc. ("MemoMi").

 

Throughout these Terms, "we," "us" and "our" refer to MemoMi or Memomi, as appropriate.

We offer the Service, including all information, tools and other features, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the "COLOR MIRROR " constitutes your agreement to these Terms of Use.

 

You agree that it is your responsibility to monitor changes to the Service and these Terms, and to comply, understand and acknowledge our Privacy Policy https://ar.memomi.co/shiseido/docs/MemoMi_PRIVACY_POLICY.htm.

 

Use of Materials on the Service

All content on the Service (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, analytic info, data we collect to improve the service, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by MemoMi, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. 

You may access, copy, download and print the material associated with the Service for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print.  Any other use of content associated with the Service, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Service, or use of the Service for purposes competitive to us, is expressly prohibited. We reserve the right to refuse or cancel any person’s usage for the Service, remove any person from the Service or prohibit any person from using the Service for any reason whatsoever.  We, and our licensors or content providers, retain full and complete title to the material provided on the Service, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our sole discretion. We neither warrant nor represent that your use of materials associated with the Service will not infringe rights of third parties.

Materials You Submit

 

You acknowledge that you are responsible for any material you may submit using the COLOR MIRROR, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not take images/short videos that include information that (1) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; or (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  You may not upload images of counterfeit or otherwise infringing items using the Service.

 

If you do submit material, and unless we indicate otherwise, you grant us, and our affiliates, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material for any purpose throughout the world in any media.  You further agree that we are free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us.  You represent and warrant that you will indemnify us for all claims resulting from content you supply.

Conduct 

 

If you want to use the Service to take photos or short videos of others, you must secure their approval in advance, and also ensure that such usage follows these Terms for use of the Service, including compliance and acknowledgement of our Privacy Policy https://ar.memomi.co/shiseido/docs/MemoMi_PRIVACY_POLICY.htm.

 

You, or third parties acting on your behalf, are not allowed to use our proprietary marks without our written consent.

 

In addition to the limitations noted above regarding the materials you submit, the content and activities outlined below are considered a breach of applicable law, and are not allowed to be published or undertaken via the Service:

The examples included in the above list are not exhaustive.

In the event that a User breaches statutory regulations or these Terms, MemoMi reserves the right, subject to termination without notice to:

 

These measures are, as far as they are required by law, to be used at the discretion of MemoMi. However, MemoMi will take into account the legitimate interests of the User as well as all circumstances relating to the breach, particularly the degree of culpability. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

 

As soon as a User has been blocked, this User is not permitted to register as another User or to otherwise use the Service via another User.

 

Sharing Information on Other Websites

 

You may choose to share your materials, including videos, with others by email or through social media.  Information shared through social media is subject to the privacy policies of the social media providers, and we are not responsible for those providers’ information practices. Prior to sharing content with social media providers, we strongly encourage you to read and understand their privacy policies.

In addition, we may provide information that we collect or you provide to Shiseido Company Limited (“Shiseido”) and /or its affiliates.

Trademarks and Copyrights 

 

Trademarks, logos and service marks displayed in connection with the Service are registered and unregistered trademarks of MemoMi, their licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners ("Proprietary Marks"). The Service and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are copyrighted works protected by applicable copyright laws, including the copyright laws of the United States ("Copyrighted Works"). Nothing in these Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Proprietary Marks or Copyrighted Works without the owner’s prior written permission, except as otherwise described herein.  

 

Changes to These Terms of Use

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the Service. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the Service after any changes to the Terms or other policies means you accept the changes.

 

DISCLAIMERS

 

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE, ANY CONTENT ASSOCIATED WITH THE SERVICE, OR ANY FEATURE OR PART THEREOF AT ANY TIME.  WE RESERVE THE RIGHT TO DELETE OR ALTER ANY CONTENT ASSOCIATED WITH THE SERVICE AT ANY TIME.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ASSOCIATED WITH THE SERVICE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE OR ANY USE OF OR EQUIPMENT ASSOCIATED WITH THE SERVICE, WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE OR SECURE; OR THAT INFORMATION ASSOCIATED WITH THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU ACCESS OR DOWNLOAD ANY MATERIALS ASSOCIATED WITH THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR ASSOCIATED WITH THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND.  WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICE OR THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 

LIMITATION OF LIABILITY

 

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE.  YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE IN CONNECTION WITH YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE.  RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SHISEIDO OR MEMOMI NOR ANY OF THEIR AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, OR ANY OTHER SERVICE YOU ACCESS THROUGH A LINK FROM THE SERVICE OR FROM ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED IN CONNECTION WITH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR AFFILIATES OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD, CONTENT OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU AGREE THAT YOU MUST COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

 

By using the Service you represent and warrant that you are in full compliance with these Terms.  You agree to indemnify, defend and hold harmless MemoMi and each of their affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Service, any information or other content you supply, and any violation of these Terms.

 

If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.  We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.

 

User Dispute Release

 

In the event that you have a dispute with one or more other users, you agree to release MemoMi (including our affiliates and each of our respective officers, directors, employees, agents, owners, and suppliers) from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users.

 

Jurisdiction and Applicable Law

 

The laws of Japan govern these Terms and your use of the Service, and you irrevocably consent to the exclusive jurisdiction of the courts located in Japan for any action arising out of or relating to these Terms or use of the Service. To the extent the Service is offered in the United States, the Service is subject to United States Federal and state privacy laws, such as California’s Consumer Privacy Act. Your rights as a consumer under Japanese laws, United States laws or the laws of any other country where our services are offered are specified in our Privacy Policy https://ar.memomi.co/shiseido/docs/MemoMi_PRIVACY_POLICY.htm, which you must read and acknowledge as part of these Terms.

 

If any material associated with the Service, or your use of the Service, is contrary to the laws of the place where you are when the photo/video is taken, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

 

Force Majeure

 

MemoMi shall not be liable for any loss or delay resulting from any force majeure event, including, but not limited to, acts of God, fire, natural disaster, terrorism, labor stoppage (other than those involving MemoMi employees), internet service provider failures or delays, civil unrest, war or military hostilities, criminal acts of third parties.

 

Entire Agreement and Admissibility

 

This agreement and any policies or operating rules posted in connection with the Service constitute the entire agreement and understanding between you and us with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Severability

 

If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of these Terms will remain in place.

 

Contact us

To contact us, please email us at customer@memomi.co

Thank you for using our Service.

These Terms of Use were last updated on December 19, 2019.