Conditions d'utilisation

Terms & Conditions

Introduction

These Terms and Conditions (“Terms“) govern the use of https://cotodama-speaker.com/ and its subdomains (collectively, the “Website“) as provided by COTODAMA Inc. and its affiliates (for the purposes of these Terms, collectively “COTODAMA,” “we, “or “our, “or “us“).

These Terms constitute a legally binding agreement entered into between you and COTODAMA upon the earlier of your use of the Website or Services or your opening of a COTODAMA account (a “Member Account“).

By entering into these Terms, you agree to be legally bound by these Terms, our Privacy Policy, Cookie Policy, and any exclusive offerings we will offer at our discretion from time to time.

cotodama-speaker.com Services and Website

Our Website enables you to search and shop for products from retailers and brands (collectively, “Brands”) and to keep up to date with the latest discounts and promotions relevant to your shopping and the products you are interested in either by browsing the website or through our newsletter (the “Services”)We provide this Website as a way to connect you with the Brands in different locations, where our services could be available. We consider our services to provide a luxury and unique shopping experience, and we also offer you the opportunity to open a Member Account as set forth below. Part of our Services will only be available if you become a Member.

COTODAMA reserves the right in its sole discretion to modify, discontinue, remove, and/or otherwise restrict access (such as by geo-blocking) to the Website and the Services (whether in whole or in part) at any time, with or without notice.

Unless the context clearly requires otherwise, references in these Terms to the “Website” shall also be deemed to include the Services.

COTODAMA Member Account

You can open a Member Account directly through the Website at no cost. Once you open a Member Account, you become a “Member“. If you completed your purchase on one of the Brands’ website (s) directed through the Website without a Member Account, you can change your mind and join us later, at any time after you completed your purchase on the Brand’s website. You can also open a Member Account without purchasing anything.

Some of COTODAMA's offerings, including exclusive promotions and discounts, will only be available for you if you decide to open a Member Account. Once you open a Member Account and select your Member Account credentials (password and username), you will be officially a Member and a subscriber to our newsletter.

As a Member, you will enjoy faster checkout and exclusive offers saved for our Members. You will also receive personalized sale alerts and information on new brands joining us. Our offers are based on the information you provide and your interaction with the Service. Through the Member Account, you can update your mailing preferences. If you are a Member, you are advised to sign in to your Member Account before using COTODAMA’s Services to enjoy all the services and benefits of being a Member.

Eligibility to join cotodama-speaker.com

The Website and Services are not intended for minors. You are eligible to open a Member Account only if you are above the age of 18 years old, and in any event, provided you are not considered a minor in your local jurisdiction. By accessing the Services, you represent and warrant to COTODAMA that you are of legal age to form a binding contract and that all registration information you submit to COTODAMA when opening an account is accurate and true. It is your responsibility to keep such information updated.

Account Opening

While opening your Member Account, we will ask you to provide certain information, including your personal information. Please refer to our \<\> regarding how we collect, use, disclose, store, protect, and process your personal information.

By providing your personal information to us, you represent that the information is accurate and complete and that you will keep that information up to date and maintain the confidentiality and security of your Member Account. Failure to maintain accurate information may result in the suspension or termination of your Member Account. COTODAMA also reserves the right to terminate or suspend your Member Account at its sole discretion, without notice, for conduct that violates these Terms or is otherwise harmful to other Services users.

You may only open a Member Account if you are legally allowed to open this account in your country and live in a country where the Services are supported (which we may change occasionally). COTODAMA reserves the right to immediately close or terminate your account, at its discretion, if you fail to comply with, or otherwise breach, these Terms.

Account Security

You will be asked to choose your password during the opening process for your Member Account. Please safeguard your username and password and keep any other login credentials private. You are solely responsible for using your Member Account username or password. You represent that you will use the Member Account only for lawful purposes, to make purchases for personal consumption, and only in accordance with these Terms. Member Accounts are personal. You may not use the Member Account of another person or share your Member Account with another person.

We will accept the instructions of any individual who claims to be authorized to direct changes to your Member Account so long as such person presents your username and password or provides other appropriate account identifying information to us. We are not responsible or liable for the actions of any individuals who misuse or misappropriate your username and password or other appropriate Member Account identifying information. If you are aware of any breach of security through your Member Account, you should immediately change your password and notify us of such breach.

Closing your Member Account

You can close and deactivate your Member Account through the navigation bar (https://www.cotodama-speaker.com/account/register/) or by contacting our customer service at info@lyricarts.jp. We will do our best to delete all of the information related to you, to the extent that such process is possible according to the applicable law and our Privacy Policy. Transaction and purchase history may be reserved by us as required by applicable laws.

In our sole discretion, we reserve the right to refuse the opening of, suspend, or closing of your Member Account for any reason and without notice. Such reasons may include but are not limited to non-payment of monies due, periods of inactivity, unresponsiveness to our requests for information related to your Member Account or purchase, inaccurate, incomplete, or misleading information being provided by you, misuse or other use of your Member Account fraudulently, non-compliance with export and sanctions laws or other laws, or non-compliance with these Terms. We may delete any of your data within thirty (30) days after the date of closing of your Member Account.

Electronic Communications

When you visit the Website, use our Services, or send e-mails to us, you communicate with us electronically. To the maximum extent permitted by law, you consent to receive communications from us electronically, including electronic marketing materials (subject to required consents). We will use the information you provided to us to send periodic communications related to our Services, including your Member Account information and changes to our Services, or to inform you of promotions exclusive to Members or general promotions by Brands. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt out from receiving marketing communications in accordance with our \<\<\>> and these Terms.

If you purchase products from Brands after being redirected to the Brand website, you may receive an email from us acknowledging your use of the Services. Please note that such communication is solely for record purposes and is not considered as an order confirmation. An email acknowledging or confirming your purchase, including the status of your order and delivery, will be available for you to view in your Member Account, if you are a Member, or through Track My Order (https://www.cotodama-speaker.com/order-status/). If you have completed a purchase, expect to receive an order confirmation email separately from the brand’s website.

COTODAMA Newsletter

As part of COTODAMA services, we share special offers and promotions through newsletters. When opening a Member Account, you will automatically subscribe to the newsletter. You can change your preferences or unsubscribe directly from your Member Account anytime. If you don’t have a Member Account but still want to enjoy the content shared with our Members, you can subscribe at any time. Unfortunately, you may not be able to enjoy exclusive promotions to members, but you may be able to enjoy content and receive information related to our brands, their products, and new trends.

Shopping with cotodama-speaker.com – How does it work?

COTODAMA provides you the opportunity to maximize your online shopping rituals and international experience. We collaborate with Brands that are offering their products internationally through our Global-e group companies and, making such Brands’ merchandise available to you and helping you explore new stores and products. Offers and stores displayed will change according to your shipping destination and the locations of our Brands. This may affect your ability to enjoy all our Brands’ networks.

If you find a product you are interested in, you will be redirected to the product page on that brand’s website by pressing the unique link, and the purchase will be made there. COTODAMA is compensated by the Brands for the referral of Members to the Brands’ websites. Compensation received by COTODAMA may affect the promotions and the presentation of Brands and their products and merchandise on the Website. COTODAMA does not guarantee the final and total price of any merchandise, products, and/or services displayed on the Brand’s website or that the price displayed will be the total cost of such product.

About Global-e

cotodama-speaker.com is a service operated by the Global-e group entities. Global-e provides certain services to the Brands themselves, including the ability to purchase the products displayed and made available through the Website. You can find more information about Global-e below. The terms and conditions applicable for the sale of products on the Brands’ webstores by Global-e entities will be available on the appliable checkout page.

Errors, Inaccuracies, and Brand Policies

Neither COTODAMA, Global-e, nor its affiliates or third-party service providers make any warranties with respect to any of the merchandise, products, Content (defined below), and/or services featured or mentioned on or through the Website. In particular, we do not warrant that any of the foregoing is accurate, complete, reliable, current, or error-free. You agree that COTODAMA, its affiliates, and its third-party service providers are not responsible and shall have no liability to you with respect to merchandise, products, and/or services featured or mentioned on or through the Website. “Content” means any text, data, information, images, graphics, sounds, videos, audio clips, links, and/or similar materials and content.

With respect to any purchase and item, each brand has its own policies and terms and conditions that govern browsing its website and purchasing products offered by the brand. By clicking on a link to be redirected to a Brand’s website, you acknowledge that the terms and conditions set forth when you make your purchase will prevail, including any remedy related to your purchase.

Although we do our best to provide complete and accurate information at all times when presenting, displaying, or otherwise communicating to you information related to the products available to purchase through our services, our website may contain content that is subject to human and technological errors, including typographical errors and information that may not be up to date. This includes information related to pricing, descriptions, or availability of a product by the Brand. We apologize in advance for any inconvenience caused by such discrepancies and errors.

Management of your Member Account

Under our Member Account webpage, you can make changes to your account, including changing your personal details, creating default delivery addresses, and setting your preferred payment method. If you choose to provide us with such information, you will enjoy, to the extent supported, the Express Checkout features during the checkout process.

Log in to your account from the checkout page when completing your purchase. Your order will be available for you to view under your COTODAMA Member Account webpage, and you will be able to track its progress easily. If you were entitled to receive Cashback, as defined and explained below, you will be able to view your Cashbacks reward as well, or any other rewards you are entitled to or available for you to enjoy.

You are also able to change your subscription settings to our newsletter and personalize our offering by providing further information on the products and brands you are interested in.

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Offers and Promotions

Cashback

COTODAMA may offer Members (having a valid Member Account) the ability to earn cash back on qualifying purchases that they make through the Services (“Cashback”). Eligibility for Cashback is contingent upon the Member being logged in to his/her Member Account during the purchase checkout process on the Brand’s website or directly arriving at the Brand website via the Website -and on the Member’s consent to the use of cookies, as described in the Privacy Policy and Cookies Policy, to facilitate the necessary processing technologies. Cashback is calculated on the net purchase amount, excluding any taxes, fees, shipping costs, gift-wrapping, discounts or credits, returns or cancellations, or extended warranties. When a cashback promotion is offered, once you have completed the purchase, referred through the website to a participating brand’s website, and Global-e successfully processed your order, you will be eligible to receive a percentage of your eligible spending amount. The cashback amount will be remitted and credited automatically through the same payment method used to purchase the eligible products, and it can be applied toward future purchases on the COTODAMA website. The specific Cashback percentage and the conditions under which it is awarded may vary by promotion or Brand and are determined at COTODAMA’s sole discretion. Cashback credits are non-transferable and cannot be exchanged or redeemed for any other benefit or consideration. Cashback may not be available for all payment methods offered to you or for purchases made with certain Brands or in certain jurisdictions. It is your responsibility to check the specific terms which apply to the promotion you received. Cashback may be limited to particular locations, Brands, or product categories.

COTODAMA will, at insole discretion, determine the type and the percentage of Cashbcashbackred to you in each instance, as well as asCashbcashbackram, including whether to terminate or reject Cashbcashbackrds requests. Without limiting the generality of the foregoing, COTODAMA reserves the right to refuse or reverse any Cashback for any reason, including, without limitation, if the underlying transaction is canceled or refunded, if Cashback is not permitted by the Member’s card issuer or bank, or if fraudulent activity is suspected.

Cashback is processed through Global-e as the merchant of record of the eligible purchase. Global-e reserves the right to reject any Cashback if you were refunded the amount paid for a refunded or returned item if your card scheme or bank does not permit the Cashback scheme, or if it suspects that the request or the transaction is fraudulent.

COTODAMA reserves the right to modify, suspend, or discontinue the Cashback program at any time without notice. If you return or cancel an order for which Cashback was earned, the Cashback amount will be deducted from your Member Account, or the refund made through your payment method. COTODAMA may terminate your Member Account and revoke any Cashback rights if your Member Account is found to be involved in fraudulent activities or activities that breach these Terms.

Any disputes regarding Cashback amounts must be reported to COTODAMA’s customer service within thirty (30) days of the purchase date. COTODAMA’s decision on such disputes shall be final and binding.

Member Bonuses

From time to time, COTODAMA may offer members additional bonuses or other types of rewards for signing up for one of our services or shopping with specific brands. Such bonuses will be available for your review on the Member Account webpage. We may publish particular terms and conditions that will govern how those could be earned, paid, or utilized or if such terms differ from these Terms. Bonus offers, including but not limited to discounts, coupons, and loyalty points, cannot be combined (stacked) with other promotions or offers unless explicitly stated otherwise.

COTODAMA reserves the right to withhold, deny, or cancel any bonus and/or reward in its sole discretion, including terminating your Member Account if your redemption of any bonuses and or rewards is deemed to be fraudulent, abusive, unethical, or otherwise suspicious or inconsistent with these Terms.

Automated Processing

We tailor our services and content suggestions to your preferences. In order to make such suggestions relevant, we will use automated processing as defined in the Privacy Policy under Profiling and Segmentation. This means that we use the data you provide us and the data provided to us from other users. We only use the data in accordance with our Privacy Policy.

Privacy Policy

COTODAMA’s Privacy Policy, which applies to COTODAMA’s collection, use, disclosure, and other processing of personal information, is available to view here \<\< https://www.cotodama-speaker.com/privacy/ >>.

You consent to the personal and other information that COTODAMA may obtain about you being collected, stored, and otherwise processed in accordance with the terms of the Privacy Policy.

The Website uses certain types of cookies and similar technologies to provide you with the full functionality and experience of our Services. Our Cookie Policy is available here.

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Links to the Website from third-party websites

If you are accessing the Services through a third-party website, such as the Brand checkout page, you will be asked to insert your own Member Account credentials. The information will be provided directly to the Website, and it allows for the linking of your current purchase to your Member Account. If you log in, you will be able to complete your purchase and enjoy fast checkout and easy tracking of your order.

COTODAMA attempts to provide information as accurately as possible in relation to any promotions offered and provided to you by COTODAMA and with respect to information related to brand offers and promotions. Unfortunately, although we try to provide complete and up-to-date information, our Website may contain content that is subject to errors (human or technological ones such as typographical, inaccuracies, omissions, etc.). Such errors may affect your experience and result in discrepancies and inaccurate information related to pricing, descriptions, stock availability, or outdated information. COTODAMA does not warrant that product descriptions or other content presented to you is accurate or error-free.

The Website is not responsible for discrepancies between products’ prices, descriptions, or general information that may exist between the information displayed by the Brand website. In such cases, you should consider the information and content displayed on the Brand’s website as the prevailing information.

Links from the Website to other websites and content

The Website may display, link to, and/or otherwise allow you to view, access, or interact with Content from third parties and other sources that are not owned or controlled by COTODAMA, even if they are COTODAMA-branded or otherwise display COTODAMA’s name or logo (such Content and third parties, “Third Party Content” and “Third Party Providers, “respectively). The Website may also enable you to communicate with the Third Party Providers. These links are provided for your convenience, and you use them at your own risk.

The display or communication to you of such Third Party Content does not (and shall not be construed to) in any way imply, suggest, or constitute any sponsorship, endorsement, or approval by COTODAMA of such Third Party Content or Third Party Provider, or by such Third Party Provider of COTODAMA, and nor any affiliation between COTODAMA and such Third Party Provider.

COTODAMA does not assume any responsibility or liability for Third Party Content or any Third Party Provider’s terms of use, privacy policies, actions, omissions, or practices. Please read the respective terms of use and privacy policies of any Third Party Provider that you interact with before you engage in any such activity.

Responsibility for Your Content

If you provide, publish, upload, or transmit any Content to or via the Website (“Your Content“), you represent and warrant as follows: (A) Your Content will be complete and accurate; (B) no processing of Your Content under these Terms (whether by COTODAMA, third party providers, or subprocessors) will violate any laws, proprietary right, or privacy (or other personal) right; (C) you have obtained and will maintain all required consents and licenses, and will maintain all ongoing legal bases under relevant privacy laws (if applicable), necessary to provide so, publish, upload, and transmit Your Content; and (D) Your Content will not contain or link to any violent, obscene, or unlawful Content.

By submitting Your Content to COTODAMA, you hereby grant COTODAMA a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, distribute, prepare derivative works of, publicly display, and publicly perform the Your Content in connection with the Website and COTODAMA’s business, including without limitation for publishing and redistributing part or all of Your Content (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in or to Your Content, to the extent permitted by law.

Disclaimers; Limitations and Exclusions of Liability

Except for obligations expressly undertaken by COTODAMA under these Terms, COTODAMA has no obligations under these Terms or otherwise in connection with the Website.

The below disclaimers apply to the maximum extent permitted by applicable law. You may have legal rights in your country of residence that would prohibit the above disclaimers from (fully or partially) applying to you (for example, some jurisdictions’ laws do not allow the disclaimer of certain implied warranties or conditions and do not allow limitations to be imposed on statutory rights), and, to the extent the above disclaimers are prohibited, then you and COTODAMA agree that they will not apply to you.

General Disclaimers

THE WEBSITE, AS WELL AS ANYTHING ELSE PROVIDED OR MADE AVAILABLE BY COTODAMA UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS, ARE PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR CONDITION OF ANY KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET POSSESSION, NON-INFRINGEMENT, TITLE, OR THAT OTHERWISE ARISE FROM A COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY COTODAMA, ITS LICENSORS, AND SUPPLIERS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

IN ADDITION, WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS, AND THE WEBSITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE WILL NOT BE HELD LIABLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.

WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE WEBSITE BY A THIRD PARTY. COTODAMA DISCLAIMS ALL LIABILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM ARISING OUT OF OR IN ANY WAY RELATED TO ANY INFORMATION THAT IS POSTED TO THE WEBSITE BY ANY THIRD PARTY.

WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND WE DISCLAIM ALL LIABILITY FOR, ANY SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT WE WILL NOT BE LIABLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY WEBSITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION OR INTERACTION WITH ANY WEBSITE USER OR OWNER IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER OR OWNER IN CONNECTION WITH THE WEBSITE OR ANY USER SUBMISSION, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT BUT HAVE NO OBLIGATION TO MONITOR ANY SUCH DISPUTE.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COTODAMA NOR ANY OF ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER (SUCH AS DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; SUCH AS LOST PROFITS, BUSINESS, OPPORTUNITY, SAVINGS; SUCH AS LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL) UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE WEBSITE. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY: (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; (B) EVEN IF COTODAMA HAS BEEN ADVISED, OR SHOULD HAVE BEEN AWARE, OF THE POSSIBILITY OF LOSSES OR DAMAGES; (C) EVEN IF ANY REMEDY IN THESE TERMS FAILS OF ITS ESSENTIAL PURPOSE; AND (D) REGARDLESS OF THE THEORY OR BASIS OF LIABILITY, AND WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE OR BREACH OF STATUTORY SUTY), MISREPRESENTATION, RESTITUTION, OR OTHERWISE. TO THE EXTENT ANY COURT OF COMPETENT JURISDICTION DOES NOT ALLOW THE EXCLUSION OF DIRECT DAMAGES, COTODAMA’S AGGREGATE LIABILITY UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS OR THE WEBSITE SHALL BE CAPPED AT ONE US DOLLAR (USD $1.00).

Merchandise Disclaimers

YOU AGREE TO ADDRESS ANY QUESTIONS OR COMPLAINTS ABOUT MERCHANDISE AND REQUESTS FOR MERCHANDISE SUPPORT DIRECTLY WITH THE BRAND. THIS INCLUDES, WITHOUT LIMITATION, ANY CONCERNS YOU MAY HAVE ABOUT THE FITNESS, QUALITY, OR SAFETY OF ANY MERCHANDISE. THE BRAND PROVIDES CERTAIN PRODUCT IMAGES, DESCRIPTIONS, AND SPECIFICATIONS TO COTODAMA, AND COTODAMA DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY SUCH IMAGE, DESCRIPTION, OR SPECIFICATION. COTODAMA PROVIDES NO WARRANTIES, GUARANTEES, OR COVENANTS OF ANY KIND RELATING TO THE FITNESS, QUALITY, SAFETY, OR INABILITY TO USE OR INABILITY TO HAVE REPAIRED, OR SERVICE ANY MERCHANDISE. TO THE MAXIMUM EXTENT ALLOWED BY LAW, COTODAMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO FITNESS, QUALITY, OR SAFETY OF MERCHANDISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT COTODAMA AND ITS AFFILIATED COMPANIES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE MERCHANDISE. YOU FURTHER AGREE THAT COTODAMA AND ITS AFFILIATES (AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM A BRAND MISUSE OF YOUR PERSONAL DATA, WHERE COTODAMA PROVIDES YOUR PERSONAL DATA TO THE BRAND PURSUANT TO THESE TERMS. LIABILITY IS SPECIFICALLY EXCLUDED FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL AND PUNITIVE DAMAGES, EVEN IF YOU HAVE ADVISED COTODAMA OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual Property Rights; Usage Restrictions

COTODAMA IP. COTODAMA (and/or its licensors and suppliers, as applicable) is and shall be the sole and exclusive owner of all rights, titles, and interests (including without limitation all intellectual property rights) in and to the following (collectively, the “COTODAMA IP“):

(a) the Website and any Content (defined below) appearing or displayed on or in the Website, including without limitation Third Party Content (collectively, the “COTODAMA Materials“);

(b) any User Submissions, and

(c) the trademarks service marks, trade names, service names, trade dress, symbols, brands, and logos displayed or contained on or in any COTODAMA Materials (collectively “Marks“).

COTODAMA IP may be protected by applicable copyright or other intellectual property laws and treaties. Without limiting paragraph (c) above, COTODAMA™ and its respective logos and design are the Marks of COTODAMA. Other marks displayed or contained in any COTODAMA Materials are the property of their respective third-party owners.

You shall make, and you hereby irrevocably and unconditionally make, all assignments necessary or reasonably requested by COTODAMA to ensure and/or provide COTODAMA (and/or its designee(s)) the ownership rights set forth in this Section.

Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of COTODAMA. Those authorized users must comply with COTODAMA’s trademark usage guidelines (provided when necessary upon request). Except for the limited rights granted to you in these Terms, COTODAMA (and its licensors and suppliers, as applicable) reserve all rights in and to their respective intellectual property rights. Any right not expressly granted to you in these Terms are hereby reserved by COTODAMA and its licensors and suppliers.

Use of Website. The Website is provided to you for your information and personal use only. You will not collect users’ content or information or otherwise access the Website or collect information from it using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You will not do anything that could disable, overburden, or impair the proper working of the Website.

Usage Restrictions on COTODAMA IP. Except to the extent expressly permitted under these Terms, you must not do (or permit to be done) any of the following in whole or in part: (a) copy, download, create public Internet “links” to, “frame”, or “mirror” any COTODAMA IP; (b) sell, assign, transfer, lease, rent, sublicense, or otherwise distribute or make available any COTODAMA IP to any third party (such as offering it as part of a time-sharing, outsourcing or service bureau environment); (c) publicly perform or display any COTODAMA IP; (d) modify, adapt, translate, or create a derivative work of any COTODAMA IP; (e) decompile, disassemble, decrypt, reverse engineer, extract, or otherwise attempt to discover the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas, or algorithms) of, any COTODAMA IP; (f) remove, alter, or conceal any copyright, trademark, or other proprietary rights notices displayed on or in any COTODAMA IP; (g) circumvent, disable or otherwise interfere with security-related or technical features or protocols of any COTODAMA IP; (h) use any COTODAMA IP to develop any service or product that is the same as (or substantially similar to), or otherwise competitive with, any COTODAMA IP; (i) store or transmit any robot, malware, Trojan horse, spyware, or similar malicious item intended (or that has the potential) to damage or disrupt any COTODAMA IP, or use any robot, spider, scraper, or any other automated means to access any COTODAMA IP; (j) employ any hardware, software, device, or technique to pool connections or reduce the number of views, users, endpoints, or servers/machines that directly access or use any COTODAMA IP (sometimes referred to as ‘virtualisation’, ‘multiplexing’ or ‘pooling’); (k) take any action that imposes or may impose (as determined in our sole reasonable discretion) an unreasonable or disproportionately large load on the servers, network, bandwidth, or other cloud infrastructure which operate or support any COTODAMA IP, or otherwise systematically abuse or disrupt the integrity of such servers, network, bandwidth, or infrastructure; or (l) use any COTODAMA IP to circumvent the security of another person’s network/information, develop malware, unauthorized surreptitious surveillance, data modification, data exfiltration, data ransom or data destruction.

Jurisdiction and Applicable Law.

These Terms & Conditions shall be governed by and construed in accordance with the laws of Japan regarding all matters, including validity, construction, and performance.

Arbitration

All disputes, controversies, or differences which may arise between the Parties hereto, out of or in relation to or in connection with this Agreement, which may not be settled by mutual accord without undue delay, shall be finally settled by arbitration in Tokyo in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. The award of the arbitration shall be final and binding upon the parties.

ARBITRATION AFFECTS HOW DISPUTES ARISING FROM THESE TERMS WILL BE RESOLVED. BY BECOMING A MEMBER OR USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION AND CLASS ACTION WAIVER.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis many of the same damages and relief as a court. Injunctive and declaratory relief or statutory damages may be granted, but punitive or exemplary damages will not be awarded. The provisions of these Terms shall bind the arbitrator and shall not make any decision or award that is contrary to, or in excess of, what these Terms provide.

The arbitration in this Section will be administered by the Judicial Arbitration Mediation Service (“JAMS”) pursuant to its arbitration rules and procedures then in effect. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267 (international rates may apply). Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. We will reimburse those fees for claims totaling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, COTODAMA will not seek attorney’s fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Judgment on the award may be entered in any court having jurisdiction. The arbitration in this Section must be brought in New York, NY, U.S.A before one (1) arbitrator. The decision of the arbitrator will be rendered within thirty (30) days following the conclusion of the arbitration. It will be in writing and will set forth in detail the reasons for such a decision.

You and COTODAMA agree that any dispute will be brought to the parties’ individual capacity and not as a plaintiff or class member in any purported class proceeding.

YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

EXPORT COMPLIANCE

You represent and warrant that you are not a resident of (and you will not access or the Services in) a country that the U.S. or any other relevant government has embargoed (including without limitation Lebanon, Syria, Iran, Iraq, Sudan, Yemen, Cuba, North Korea, or the Crimea, Donetsk, or Luhansk regions of Ukraine), nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning list of any jurisdiction.

GENERAL

Waiver. No failure or delay on the part of any party in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver granted hereunder must be in writing (for waivers by you, emails will be acceptable; for waivers by COTODAMA, the writing must be duly signed by an authorized representative of COTODAMA) and shall be valid only in the specific instance in which the given.

Linking to our Website. COTODAMA permits you to link to the Website provided that: (a) you link to (but do not replicate) any page on this Website; (b) the hyperlink text shall accurately describe the Content as it appears on the Website; (c) you shall not misrepresent your relationship with COTODAMA or present any false information about COTODAMA, and shall not imply in any way that we are endorsing you or any services or products unless we have given you our express prior written consent to do so; (iv) you shall not link from a website which prohibits linking to third parties; (v) the website from which you link to the Website does not contain Content that is offensive or controversial (both as determined at our sole discretion), that infringes, misappropriates, or violates any intellectual property rights; and (vi) you, and your website, comply with these Terms and applicable law.

Entire Agreement. These Terms represent the entire agreement between you and COTODAMA (and supersede any prior or contemporaneous agreements or understandings, whether oral or written, between you and COTODAMA) relating to the subject matter hereof. Certain Services-related activities and/or other items or services made available by COTODAMA to you in connection with the Program may be subject to their own respective terms and conditions (each “Supplemental Terms“). Unless the Supplemental Terms expressly state otherwise, each set of Supplemental Terms shall be deemed in addition to these Terms (and are hereby incorporated into these Terms by reference), and to the extent of any conflict between these Terms and the Supplemental Terms, the Supplemental Terms shall prevail.

Severability. You and COTODAMA agree that it is our mutual intent that these Terms, including without limitation any limitation of liability herein, be enforced as written, but otherwise to the maximum extent allowable by law. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, then (a) the remaining provisions of these Terms shall remain in full force and effect, and (b) you and COTODAMA agree that the court making such determination shall have the power to limit the provision, to delete specific words or phrases, or to replace the provision with a provision that is legal, valid and enforceable and that most closely approximates the original legal intent and economic impact of such provision, and these Terms shall be enforceable as so modified in respect of such jurisdiction. In the event such court does not exercise the power granted to it as aforesaid, then such provision will be ineffective solely as to such jurisdiction and will be substituted (in respect of such jurisdiction) with a valid, legal, and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

Relationship. You and COTODAMA are solely independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. You must not under any circumstances make or undertake any warranties, representations, commitments, or obligations on behalf of us.

Assignment. COTODAMA may assign these Terms (or any of its rights and/or obligations hereunder) without your consent and without notice or obligation to you. You may not assign these Terms (or any of your rights and/or obligations hereunder) without COTODAMA’s prior express written consent. Any prohibited assignment shall be null and void.

Accessing the Website. Those who choose to access the Website do so on their own initiative and are responsible for compliance with applicable local laws.

Force Majeure. COTODAMA shall not be liable for any damage, loss, cost, or expense arising in connection with any failure to perform any obligation caused by any circumstance beyond its reasonable control, including, without limitation, acts of God, invasion, war, acts of governments, pandemics, natural disasters, strike, lockout (“Force Majeure“).

Modifications to these Terms. COTODAMA may, from time to time and in its sole discretion, modify these Terms. COTODAMA will endeavor to (but does not guarantee that it will) notify you of the updated Terms (the “Updated Terms“). In any event, the most current Terms will be available at \. The Updated Terms will take effect upon the date specified in the notice given to you (or, if no notice is given, or no date is specified, then ten (10) days after the date such Updated Terms are posted online). Your continued access or use of the Services after such effective date shall constitute your acceptance of the Updated Terms. If you object to the modifications, you may terminate your Membership as your sole remedy and COTODAMA’s sole liability.

Remedies. Except as may be expressly stated otherwise in these Terms, no right or remedy conferred upon or reserved by any party under these Terms is intended to be, or shall be deemed, exclusive of any other right or remedy under these Terms, at law or in equity, but shall be cumulative of such other rights and remedies.

Language; Electronic Contract. The language of these Terms is expressly agreed to be English. By entering into these Terms, you hereby irrevocably and unconditionally waive, to the maximum extent legally permitted, any law applicable to you requiring that these Terms be localized to meet your language (as well as any other localization requirements) or requiring an original (non-electronic) signature or delivery or retention of non-electronic records.

Contacting COTODAMA

You can contact us (for questions, comments, praise, complaints, etc.) at info@lyricarts.jp.