TERMS AND CONDITIONS

Application of Terms of Use

Article 1. (Application of Terms of Use)

The Shiseido Creative Website (the “Website”) is operated by Shiseido Interactive Beauty, Limited (“Company”).
These Terms of Use of the Shiseido Creative Website (the“Terms”) provide for fundamental matters regarding use of various services provided by the Website to all users (the “Services”).
In the case that separate terms are established with regard to individual services offered through the Website, the Terms as well as other terms and conditions shall apply to the users of the relevant services.

Article 2. (Definition of Users)

For the purpose of these Terms, any and all persons who use the Services, regardless of whether they are identifiable by the Company, are defined as the users (the “Users”). These Terms apply to all Users of the Website.

Article 3. (Agreement to Terms of Use)

The Users who actually use the Services will be deemed to have agreed to these Terms.

Article 4. (Equipment Necessary to Use Services)

Any terminal equipment, communication devices, software and other facilities necessary to use the Services must be prepared by the Users.

Article 5. (Notification and Change of Terms)

The Company reserves the right to modify all or part of these Terms in its sole discretion without prior notice to the Users. In such case, the Company shall give notice of such modification at the Website, and the modification shall take effect at the time of such notice on the Website.

Article 6. (Prohibited Matters)

In using the Website, the Users are prohibited by the Company from conducting the following acts (including acts or preparatory acts which may trigger the following acts). Furthermore, the relevance of the following and their consideration shall be made at the discretion of the Company (similar to other acts and matters requiring such consideration by Company contained in these Terms).

1. Any act that defames or slanders, or may defame or slander, other Users, third parties, Company, or Shiseido Co., Ltd. (including affiliates of Shiseido Co., Ltd., collectively, “Company, etc.”);

2. Any act that infringes or may infringe the property rights or privacy of other Users, third parties and/or the Company, etc.;

3. Any act that infringes or may infringe the intellectual property rights (including, but not limited to, copyrights, design rights, patent rights, utility model rights, trademark rights and portrait rights) of other Users, third parties and/or the Company, etc.;

4. Any act to transmit or write harmful computer programs;

5. Any act that offends or may offend public order and morals or that constitutes or may constitute criminal behavior;

6. Any act to use or to be prepared to use the Services for commercial purposes;

7. An election campaign or any similar act, or any other act that relates to politics and/or religions;

8. Any other act that hinders operation of the Services;

9. Any act that violates the laws of Japan or whatever country or region the User is in when using the Services; or

10. Any other acts considered by the Company to be inappropriate.

Article 7. (Responsibility regarding Use of Information provided by the Website)

The Company will make no guarantee of the integrity and availability of the information which the Users obtain through the Website, including information dispatched from other Users. All Users will make use of the Website on their own responsibility and judgment, and the Company will not be held responsible for any result of using or relying on such information.

Article 8. (Copyright and other Intellectual Property Rights)

Intellectual Property Rights)

1. Any right relating to all content on the Website belongs to or is exercised by the Company under license and other legitimate title, and no part of the Website may be used for any purpose other than personal use, redistributed to the public, or used or reproduced by the Users without permission, within or outside of the network.

2 .All trademarks and service marks appearing on the Website are owned, or used under license and other legitimate title by the Company, etc., and the Users are prohibited from using any such trademarks and service marks without permission.

3. Any copyright or other intellectual property right arising from or in connection with information provided by the Users (including rights provided for in Article 27 and Article 28 of the Copyright Act) shall be transferred from the Users to the Company without charge, and the Users shall not exercise the moral right of author or any other similar rights whatsoever.

Article 9. (Change, Addition and Termination of Services)

1. In any of the following events, the Company may terminate or temporarily suspend the provision of all or part of the Services without giving prior notice to the Users:

(1) In the event of regular or urgent maintenance of the systems that provide the Services;

(2) In the event of a failure of the systems that provide the Services;

(3) In the event of a power outage, fire, earthquake or any other force majeure that makes provision of the Services difficult; or

(4) In the event that there are other reasonable grounds in respect of the operation or technology of the Services.

2. The Company may make a change or addition to or terminate all or part of the Services without prior notice to the Users.

3. The Company will not be held liable for any detriment or damage to the Users as a result of any of the preceding actions.
The Company will not be held responsible or be liable to compensate for any damage arising from or in connection with the use of other websites managed or operated by third parties that are linked from the Website.

Article 10. (Websites of Third Parties)

The Company will not be held responsible or be liable to compensate for any damage arising from or in connection with the use of other websites managed or operated by third parties that are linked from the Website.

Article 11. (Handling of Personal Information)

1. The Company does not, as a general rule, require Users to provide any personal information, such as addresses or names, which could be used to identify the User (collectively, “Personal Information”) in order to access and view the Website.

2. Users may, regardless of the aforementioned, be required to register Personal Information in cases limited to use of the following services on the Website, which include services requiring personal authentication. These services may be used free of charge; however, the costs associated with accessing the Website, such as communication and Internet service provider fees, will be borne by the User.

(1) When the User wishes to receive email communications from the Company;

(2) When the User applies for announcements for events, etc. on the Website;

(3) When the User applies for appointments, etc. through the Website;

(4) When the User makes an inquiry to the Company; or

(5) When the User requests information materials, etc., from Company

3. The Company will appropriately manage all Personal Information obtained from the Users in accordance with its "Privacy Policy".

Article 12. (Indemnity and Compensation for Damages)

1. If any User violates these Terms or inflicts damage on the Company by fraudulent acts, the Company may claim reasonable compensation against such User. Any User who, by using the Services, inflicts damage on third parties shall settle such damage on their own responsibility.

2. Unless otherwise provided herein, the Company will not be held responsible to the Users or third parties for any failure or breakdown of the systems that provide the Services, any intrusion to the Systems by third parties and any commercial disputes for any reason whatsoever.

Article 13. (Website Security)

The Website makes use of the following highly secure technologies, and protects the Personal Information of Users by maintaining a high level of security:.

1. Prevention of unauthorized access with a firewall;

2. Prevention of unauthorized access through periodic analysis of access logs and an intrusion detection system; or

3. Data encryption

Article 14. (Use of Cookies)

1. The Company uses cookies in certain content of the Website for the following purposes. The function of a cookie is to allow a server to store information on the Users' computers, on what they have accessed when using the Website, and information collected through the use of such cookies does not include any “personally identifying information” such as e-mail addresses or full names. In addition, the Company may save and refer to the Website's cookies via the websites of contractor companies to which the Company has entrusted advertising-related work.

(1) For temporarily storing information necessary for the Users to access the Website comfortably in cases where the Website contains an application which extends across several pages;

(2) For the purpose of referring to the Users' stored registration information when the Users are logged into the authentication service, in order to be able to provide each User with customized services;

(3) For analyzing, or for companies to which the Company entrusts its survey analysis activities to analyze, the Users' access trends on the Website in order to provide better Services

(4) For the purpose of displaying the most appropriate advertising on the websites of other companies, based on what the User is interested in and their usage patterns on the Website; or

(5) For the purpose of prompting Users to re-enter (re-authenticate) their passwords after a certain period of time has elapsed since the page was last accessed, in order to maintain security in cases of use of the authentication service

2. In order for Users to use the Services appropriately, they must consent to the previous Article 14.1 and allow cookies. Users may set their browser to reject cookies; however, it is assumed that they are aware and consent in advance that, in doing so, some parts may cease to function appropriately and certain content may not be available.

3. On the Website, technology known as “web beacons” shall be used in order to obtain statistics on the usage of the Services by Users. No Personal Information of Users is collected by web beacons. Furthermore, Users can disable the collection of information by web beacons by setting their computers to reject cookies.

∗ Google Analytics
On the Website, we use “Google Analytics” provided by Google Inc. in order to obtain information on the usage of the Services by Users. Google Analytics uses Shiseido cookies to collect and analyze information on Users which does not contain Personal Information.

Google Analytics Terms of Service:
https://www.google.com/analytics/terms/us.html
Google Privacy Policy:
https://policies.google.com/privacy?hl=en
Google Analytics Opt-out Browser Add-on:
https://tools.google.com/dlpage/gaoptout?hl=en

Article 15. (Link to Website)

1. The Users may freely establish a link to the Website from their own websites, except for those which include:

(1) Any contents that are offensive to public order and morals;

(2) Any contents that are in violation of laws and ordinances;

(3) Any contents that defame the Company, etc.; or

(4) Any other contents that are considered by the Company to be detrimental to the corporate value of the Company

2. When linking to the Website, the Users are requested to link to the top page of the Website, ( https://www.shiseidocreative.com/en/ ）in principle. The Users should note that the linked page is subject to change or deletion without prior notice to the Users.

3. The Company will not be held liable for any disadvantage arising from or in connection with such change or deletion of the page for the convenience of the Company.

Article 16. (Governing Law / Jurisdiction)

Any interpretation and application of the Website and these Terms shall be governed by the laws of Japan. Unless otherwise provided, any and all disputes arising from or in connection with the Website shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

These Terms shall be executed both in the English language and in the Japanese language, but in the event of any inconsistency or difference between the two versions of these Terms, the Japanese version shall prevail in all respects.