Terms of Use
Company: ARIN Co., Ltd.
Location: Shibuya KK Building, 2-12-11 Shibuya, Shibuya-ku, Tokyo 105-0002, Japan
Contact Email: info@arin.ltd
At ARIN Co., Ltd., we operate under the vision of creating a world where everyone can pursue their own beauty. To achieve this vision, we developed Lumena, a beauty-focused social networking service (SNS). We have established these terms of use (hereinafter referred to as "these Terms") to provide our users with a comfortable experience. These Terms apply to the use of Lumena, unless otherwise specified by us.
Lumena is one of the products offered by ARIN Co., Ltd. Therefore, these Terms apply only to Lumena.
Arbitration
Users agree that any disputes between the user and ARIN Co., Ltd. (hereafter referred to as "the Company") will be resolved according to the laws of Japan through binding individual arbitration. Users also waive their right to participate in class actions or class arbitrations. Below, we describe some exceptions and how to opt out of the arbitration clause.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Japan. All disputes related to this app will be exclusively resolved by the Tokyo District Court as the court of first instance.
Terms of Use
The terms of use for the application provided by ARIN Co., Ltd. (hereinafter referred to as "this Application") are as follows. By downloading, installing, and using this Application, you agree to these Terms.
Lumena Services
ARIN Co., Ltd. agrees to provide these Terms to users. Lumena includes all products, features, apps, services, technologies, and software of Lumena. This product consists of the following elements:
We provide a user experience that builds connections in beauty and personalized experiences for each user. People's tastes and interests vary. In this diverse world, we connect various people and create unique communities. We believe that interacting with various people accelerates learning about beauty. We hold "connection" and "learning" as core values and operate with the vision of a world where everyone can pursue their beauty. We have various features to achieve these core values and vision. For example, the Lumena home screen offers two types of content: content that may interest users and content they have not yet encountered. We believe this encourages users to engage with new content and build new connections.
Creating a safe community to support "connection" and "learning" in beauty. We have created community guidelines to ensure that the Lumena community remains a safe and positive place. Under these guidelines, we strive to build the Lumena community. Therefore, we have systems in place to prevent misuse of the platform, based on the information we hold. For details, please see our privacy policy.
We aim to provide reliable access to our services. Currently, Lumena is only accessible from Japan. Lumena is operated by ARIN Co., Ltd. In addition to ARIN, our subsidiaries are also involved in the operation.
We pursue technological innovation. In the development and renovation of Lumena, we develop technologies and services that are meaningful to society. Through these efforts, we aim to improve service quality, nurture the community, and develop technologies that are meaningful to societal progress. This includes addressing environmental issues, which are considered one of the biggest problems in contemporary society.
Use of the App
Users can use this app only for personal use. Users may not use this app for commercial purposes, nor may they sell, transfer, lend, redistribute, disclose, or otherwise provide it to a third party.
Funding Information for Our Services
Users must agree to these Terms to use Lumena. While users can use Lumena for free, they agree to receive advertisements from us. Also, users agree that information stored in the databases of our subsidiaries may be analyzed and provided to business partners in various forms, including reports. Such advertisements are posted by us and our subsidiaries and business partners to promote their services, and we receive advertising fees for displaying them. We use various information about users to deliver ads that are relevant to their preferences. For more details, please see our privacy policy.
Moreover, we create reports on how users interact with advertisements from business partners in Lumena and provide them to advertisers. These interactions include whether users clicked on ads and how long they viewed them. Personal information (such as IP, name, address) is not provided in these reports. For details on how we manage data, please see our privacy policy.
In Lumena, we may display posts from accounts that advertise services and products. Such advertising is set based on our transactional relationship with the business partners mentioned in the content.
Data Policy
Our service data privacy policy explains how we handle data. For more details, please see our privacy policy.
Handling of Personal Information
We handle users' personal information obtained through this app appropriately and comply with the Personal Information Protection Law and other relevant laws. For more details, please refer to our privacy policy.
User Pledge
In the services we provide, users must pledge to adhere to the following:
Users of Lumena must comply with the law. Therefore, all users of Lumena must pledge to adhere to several restrictions.
Be at least 13 years old.
Not be prohibited by applicable law from receiving certain parts of our services.
Not have had an account suspended in the past for violations of our policies or the law.
Not have been convicted of a sex crime in the past.
To maintain a safe community in Lumena, both we and our users must adhere to these Terms and our community guidelines.
Impersonation is prohibited. We do not verify users' identities when creating a Lumena account, but users must provide accurate and up-to-date information when registering an account.
Illegal, fraudulent, misleading acts are prohibited. This includes fraudulent activities and acts carried out for illegal or fraudulent purposes.
Users are prohibited from violating these Terms, our privacy policy, cookie policy, community guidelines, and platform policy, including assisting in such violations.
Acts that disrupt the intended operation of Lumena are prohibited. This includes, regardless of criminality, the deletion of user accounts or content that disrupts our service operations.
Creating accounts, content, or accessing information through illicit methods, as well as attempts to do so, are prohibited. This includes using automated means to create accounts, content, etc.
Posting others' personal information or confidential information without permission, or infringing on others' intellectual property rights, is prohibited. Users may use others' works based on exceptions or limitations related to copyright rights defined by applicable law.
Users represent that they own or have obtained the necessary permissions and rights for the content they post. If you wish to report content that you believe infringes your intellectual property or rights, please send an email to info@arin.ltd. Please provide as much information as possible in the email, including links, usernames, and a description of the content. Our security team will review the report and delete content that does not comply with the guidelines as much as possible.
Reverse engineering of services provided by our company, including Lumena, is not permitted. This includes partial editing, modification, adaptation, or creation of derivatives.
You may not set URLs, including domain names, as tags or names on your account without prior written permission from our company.
In providing services to users, users grant us the necessary permissions required for us to provide those services.
Regarding content uploaded by users, we do not claim ownership of that content, but users grant us a license to use that content. Posting content on our services does not change the rights associated with that content, nor do we claim ownership of it. However, to operate our services, we need a license (legal permission) to use users' content. Therefore, by agreeing to these Terms when using our services, users permit us to grant this license. When using our services or related to our services, if users share or upload content that is subject to intellectual property rights, users grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, modify, perform, copy, publicly perform, publish, or translate that content, and to create derivative works from it. This license terminates when the content is deleted from our servers, including when accounts are deleted. For more information on how we use and manage users' content and information, please see our data privacy policy.
Users grant us permission to use and display their tags, names, profile pictures, account advertisements, and information related to sponsored content. Users allow us to display and use information related to their tags, names, profile pictures, account advertisements, sponsored content, and actions (such as reactions, comments) without paying them compensation.
Users agree that updates related to the service may be downloaded and installed on their devices.
Prohibited Actions
Users must not engage in the following actions:
(1) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, etc., of other users or third parties.
(2) Acts related to criminal activity or that promote criminal activity.
(3) Acts of harassment, threats, defamation, etc., against other users or third parties.
(4) Acts of embedding computer viruses, malware, etc.
(5) Acts that interfere with the operation of this app or damage our company's reputation.
(6) Acts that violate these Terms.
Details of Our Rights
If we determine that the username, tags, or name chosen for your account infringe on intellectual property rights or are extreme, we may change that information.
Of the content we provide on our services, we continue to own all rights to that content (excluding rights that belong to users).
Users may use our intellectual property, trademarks, or similar logos only if they have obtained prior written permission from us.
If users modify our source code, create derivatives, decompile, or perform other operations to extract our source code, they must obtain written permission from us.
Copyright and Intellectual Property Right
The copyrights, trademark rights, patent rights, and other intellectual property rights related to this app belong to our company or third parties. Users must not engage in actions that infringe on these intellectual property rights.
Content Deletion and Account Suspension/Termination
If a user violates these Terms, we may restrict their use of this app or suspend/delete their account without prior notice.
If we determine that content or information posted or uploaded by a user to Lumena violates these Terms, our community guidelines, or is otherwise legally permitted or required to be deleted, we can delete that content. We can also immediately refuse or suspend the provision of services, in part or in whole, to protect the Lumena community. Similarly, if a user's actions pose a risk to us, if we face legal risks, or if a user violates these Terms or our community guidelines, we can also immediately refuse or suspend the provision of services to that user. We may also terminate or modify the service, delete or block shared content and information on the service, or suspend the provision of all or part of the service to avoid or mitigate legal or regulatory adverse effects. If you believe your account or content has been deleted in error, or if your account has been suspended or completely deleted, please send an email to info@arin.ltd. Please include "Account Deletion" in the email subject and provide as much information as possible in the email content, including links, usernames, content descriptions, and a description of the problem. Our security team will review the report. If your account is deleted, you will receive an account deletion notification email from info@arin.ltd.
In the following cases, content will not be deleted within 90 days of the start of the account deletion or content deletion process:
If the content is still being used by others based on a license, and it has not been deleted (in this case, this license continues to apply until the content is deleted)
If technical constraints of our system make it impossible to delete within 90 days (in this case, we will complete the deletion as quickly as technically possible)
If deleting would limit our ability to implement the following:
Investigate or identify fraudulent activity or violations of our terms and policies (for example, identifying or investigating unauthorized use of our products or systems)
Protect the safety and security of our products, systems, and users
Comply with legal obligations, such as preserving evidence
Comply with requests from judicial authorities, administrative agencies, law enforcement agencies, or government agencies
In any of the above cases, the relevant content will be retained until the need for retention for the above purposes ceases (the exact retention period varies depending on the individual case).
If a user deletes their account or we suspend it, the effectiveness of the agreed terms of these Terms is lost, but the following "User Agreement Items and Matters Concerning Non-Agreement" will continue to apply even after the account is terminated.
Disclaimer
We do not guarantee the accuracy, completeness, timeliness, or usefulness of the information related to this app. We are not liable for any damage to users resulting from the use of this app. However, this does not apply if damage to users is caused by our intentional misconduct or gross negligence.
User Agreement Items and Matters Concerning Non-Agreement
Agreement Items
When using certain features of our services or related services, you will be given the opportunity to agree to additional terms. These terms become part of our agreement with you.
If any part of this agreement is found to be unenforceable, the remaining parts will continue to be valid.
Revisions or discards of this agreement are made in writing and require our signature. Our failure to enforce any part of this agreement does not constitute a waiver of rights.
We reserve all rights not explicitly granted to users.
Rights Based on Agreement Items
Our past, present, and future affiliates and agents, including ARIN Corporation, can exercise our rights under this agreement if they become parties to a dispute.
Users cannot transfer rights or obligations without agreeing to our consent document and terms of use.
We can transfer our rights and obligations to others.
Our rights and obligations can be transferred to others. Examples include when the ownership of our company changes (through mergers, acquisitions, or sales of businesses or assets) or when required by law.
Liability for Issues Arising
Services are provided "as is," and we do not guarantee that the services will always be safe or operate without problems. To the extent permitted by law, we disclaim all warranties, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, ownership, and non-infringement. We do not control users' actions and are not legally responsible for users' online or offline presence (including user behavior and actions) or actions related to content, to the extent permitted by law.
We are not responsible for services or features provided by others or third parties, even if accessed through our services.
Our liability (also referred to as "legal liability") for issues arising during the use of the service is limited to what is permitted by law. We cannot know or manage all possible effects that may arise from issues during the provision of the service. Users agree that we are not liable for any loss of profits, revenue, information, or data, or for consequential, special, indirect, punitive, incidental, or related damages, even if we were aware of the possibility of such damages. The total amount of our legal liability related to this agreement shall not exceed 10,000 yen (¥10,000) or the amount paid by the user to us in the past 12 months, whichever is greater.
Users agree to defend, indemnify, and hold us harmless from any claims, legal liabilities, damages, losses, and expenses (including reasonable attorney fees and costs, but not limited to these) arising from or related to the use of our services or these Terms (at our request).
Users must cooperate in the defense of any claims in which we request assistance. In connection with damages covered by such indemnification, only we will handle and manage the defense activities and litigation, and users must not settle with the opposing parties without our prior written approval in any case.
Methods of Dispute Resolution
Except as specified below, users and we agree that any lawsuit, legal claim, or dispute ("Claim") arising from or related to these Terms or our services between the user and us should be resolved through individual arbitration. Class actions and class arbitrations are not allowed. Users and we can sue only on their own behalf, and cannot seek remedies that would affect other users of the service. If a final judicial decision states that certain claims (or certain requests for relief) cannot be subject to arbitration based on the limitations of this clause, only those claims (or requests for relief) can be brought to court. All other claims (or requests for relief) are subject to this clause.
If allowed by the rules of the court handling "small claims" matters in the region where the user resides, users or we can file a lawsuit in that court instead of using arbitration. If the user does not file a lawsuit in the small claims court regarding the claim (or if the user or we appeal the decision of the small claims court to a regular court), the claim should be resolved through legally binding individual arbitration. All arbitration will be conducted in Japan, according to Japanese applicable law and dispute resolution institutions. Users and we explicitly waive the right to a jury trial.
The following claims can be brought to court without arbitration: intellectual property (copyrights, trademarks, etc.), violations of platform policy, attempts to disrupt services, and disputes related to the use of services through illicit methods (such as automated methods). In addition, issues related to the scope of application and legal enforceability of the arbitration clause are subject to the decision of the court.
Users can opt out of this arbitration agreement within 30 days of agreeing to these terms. To opt out, users must send a notice stating their intention to opt out, including their name, address, the username registered in this service, email address or phone number. Send the notice to: ARIN Co., Ltd. ATTN: Arbitration Opt Out, Shibuya KK Building, 2-12-11 Shibuya, Shibuya-ku, Tokyo 105-0002, Japan.
Before initiating arbitration, users must provide us with written notice of the dispute. The notice should include the user's name, address, the username registered in this service, email address, phone number, details of the dispute, and the relief sought. If sending a dispute notice to us, mail it to: ARIN Co., Ltd., ATTN: Arbitration Filing Documents, Shibuya KK Building, 2-12-11 Shibuya, Shibuya-ku, Tokyo 105-0002, Japan. We will send a dispute notice to the user's registered email address (or through other appropriate means) before starting arbitration. If the dispute is not resolved within 30 days after receiving the dispute notice, the user or we can start arbitration.
If we file for arbitration, or if the user's claim is less than 750,000 yen and the user has timely provided us with a dispute notice, we will pay all arbitration filing fees and costs, hearing costs, and arbitrator fees. Other arbitration costs and fees related to all other claims will be allocated according to the rules of the arbitration institution (including rules related to baseless or inappropriate claims).
For claims that are not subject to arbitration or not resolved in small claims court, users agree that the claims will be resolved according to Japanese applicable law. Users agree that lawsuits related to such claims will follow the personal jurisdiction according to Japanese applicable law.
These Terms and claims are governed by Japanese applicable law, regardless of conflict of laws provisions.
Update of Terms of Use
Our services, including related policies and terms of use, may be updated. If you continue to use the service after an update, the updated terms will legally bind you. However, we
can change these Terms without notice to users, and without notifying them. The changed terms of use take effect when they are published through this app or on our website. Users have the responsibility to regularly check these Terms and understand the changes.
Miscellaneous
Matters not specified in these Terms and the interpretation of these Terms shall follow the laws of Japan and generally fair commercial practices. Also, if any part of these Terms is deemed invalid or unenforceable, the other parts will continue to apply.
These Terms are written in Japanese, and even if translations into other languages are provided, the Japanese version will take precedence in interpretation and application.
Revision date: July 2nd, 2024