Terms of Use

Cocone Xenon Inc.
Terms of Use

Last Updated: January 15th, 2024

Please read these Terms of Use (“Terms”) carefully. These Terms govern your use of TOYVERSE (the “Application”).

As used in these Terms, “Cocone”, “we”, “us”, ˙or “our” refer to Cocone Xenon Inc., doing business as Cocone Publishing.

Under these Terms, any disputes arising between you and us are subject to binding arbitration, unless you exercise your right to opt out of arbitration within the period specified below. Please review “Mediation and Binding Arbitration” below.


Summary

This summary is provided only for convenience. Please review the Terms below in its entirety for important information and legal conditions that apply to your use of the Application.

  • These Terms are a legal agreement between you and Cocone that govern whether and how you may use the Application. We may change the Terms at any time. Use of the Application is also subject to our Privacy Policy .
  • The Application may only be used by persons 13 years of age or older. By using this Application, you warrant that you are over the age stipulated. If Cocone discovers that a person under the age stated above is using this Application, Cocone will terminate the corresponding user account.
  • If you are under 18, you may use the Application only with the consent of your parent or legal guardian.
  • The Application is owned by Cocone. You may only use the Application for personal use. You may not sell or transfer the Application, or any content within the Application, to anyone else.
  • You may not copy or modify any content from the Application, or any trademarks appearing in the Application, except as we expressly allow in these Terms.
  • You will be responsible for all charges relating to the Application.
  • Amounts paid are non-refundable except as required under local law of your jurisdiction. We may discontinue or change the Application, including any features of the Application, at any time without notice or liability to you.
  • Our liability to you relating to the Application is limited. You agree that any disputes will be subject to binding arbitration, to be held in New York, New York, USA.


Your Agreement to These Terms and Future Changes

These Terms are a legal agreement between you and Cocone. We reserve all rights in and to the Application not expressly granted to you under these Terms. We may modify these Terms, at our sole discretion, without your consent, effective immediately upon posting of the revised Terms, and you agree to and accept this condition. Material changes to these Terms will be announced by posting them in the Application available. You are responsible for checking these Terms each time before using the Application. Continued use of the Application following the posting of changes means that you accept and agree to the updated Terms.


License to Use the Application

Subject to the terms and conditions outlined in these Terms, Cocone grants to you a nonexclusive, nontransferable, revocable license to use the Application as permitted by these Terms solely for your personal and noncommercial use. The Application cannot be used for any other purpose. You are not permitted to lease, rent, sublicense, publish, copy (except as expressly permitted by these Terms and the rules for your device), modify, adapt, translate, reverse engineer, decompile, or disassemble all or a portion of the Application without Cocone’s prior written consent, or unless otherwise expressly permitted by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-source components included with the Application. Any attempt to do so is a violation of the rights of Cocone. If you breach this restriction, you may be subject to prosecution and damages.

These Terms will govern any upgrades provided by Cocone that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these Terms are concluded solely between you and Cocone, and that Cocone is solely responsible for the Application and the content thereof, except as otherwise provided in these Terms.


Customer-Related Content

You obtain a limited license (as set forth in the “License to Use the Application” Section) to use avatars, avatar outfits, decorations, and other items (“Customer-Related Content”) contained within the Application. Other than this limited license, you have no right or title in or to the Customer-Related Content. Customer-Related Content cannot be transferred to a third party (unless a transfer is permitted within the Application).


Intellectual Property

All content included in the Application, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, data compilations and software, is owned by Cocone or our licensors and protected by applicable copyright laws. This includes any graphics and designs created by you using Customer-Related Content. The Application may include registered and unregistered trademarks owned by or licensed to Cocone, which may not be copied, imitated or used without the prior written permission of Cocone. You agree that you will not apply for, register, or otherwise use or attempt to use any Cocone trademarks or application marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.


In-App Currency

We may, at various times, permit you to use "real-world" money to buy in-app currency (“JOYGEM”or“GEM”) that can be used within the Application. We may decide and modify the unit price of GEM, at our sole discretion, without your consent. We may, from time to time, and at our sole discretion, provide opportunities during campaigns for you to acquire certain Virtual Currency free of charge. GEM acquired for free will be used first. GEM cannot be sold or transferred and cannot be exchanged for or converted to cash or legal tender. We reserve the right to redeem any remaining GEM if you fail to log in for over one year.


Any amounts paid for the Application are non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms.

YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED GEM IF YOU FAIL TO LOG IN TO THE APPLICATION FOR OVER ONE YEAR WHETHER SUCH FAILURE WAS VOLUNTARY OR INVOLUNTARY.
We will have no liability for all applicable taxes unless stated otherwise. You are solely responsible for the payment of all fees and applicable taxes related to your use of the Application.


Consent to Use of Data

We may ask you to submit personal information in order to use certain features of the Application. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, Cocone has the right to suspend or terminate your access to the Application and refuse any and all current or future use of the Application by you.

Cocone is committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using the Application, you agree to be bound by the Privacy Policy .

In order to ensure that your use of the Application is without issue, Cocone may view your content and contributions to the Application (including but not limited to posts, profile bios, etc.) in order to ensure compliance with relevant laws and regulations.

If your account is deleted (whether by your own action or the action of another party), you will lose all rights to use and you will not be able to recover your account.


Minor Users

Users must be at least age thirteen (13) or older to access or use the Application or create an account. By accessing, using and/or submitting information to or through the Application, you warrant that you are not younger than age 13.

If you are between the ages of thirteen (13) and eighteen (18) (or otherwise under the legal age of majority in your jurisdiction), you may use the Application only with the consent of your parent or legal guardian. Cocone relies upon parents and guardians to determine if the Application is appropriate for the viewing or access by persons under the age of 18. You agree to monitor use of your access to the Application by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your access to the Application by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.


Third-Party Applications

The Application may contain links, login interfaces and/or other connections to third-party websites and apps. Such third-party applications are provided solely as a convenience to you, and we are not responsible for, nor do we sponsor or endorse, the content of said third-party applications. Use of third-party applications may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party applications, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party application may cause personally identifying information to be publicly disclosed and/or associated with you. The terms of application, terms of use, privacy policy and any other terms designated by the third-party application will govern your use of that third-party application. If you have any questions, concerns or complaints about a third-party application, please contact the support or help personnel of that third-party application.


Prohibited Conduct

You agree not to engage in any of the following conduct through the Application: (a) interfere with or disrupt the Application or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Application; (b) interfere with, disrupt or circumvent any security feature of the Application or any feature that restricts or enforces limitations on use of or access to the Application; (c) use the Application to violate any laws; (d) use the Application to harm minors in any way; (e) use the Application to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual; (f) defraud or mislead Cocone or other users; (g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (h) use the Application for any commercial purpose; (i) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software programs or applications that are designed to modify the Application experience; (j) display or send information, content, messages, and/or video clips to the Application that could be considered abusive, illegal, indecent, obscene, offensive, hate speech, bullying, harassment, or threatening in any way, or that could violate anyone's copyright or other property right; (k) display or send personally identifying information, including but not limited to: a first and/or last name, a home or other physical address, a telephone number, an email address, a social security number, a photograph, or a video or audio file wherein a user’s image, voice, or likeness is contained; (l) send spam messages and display the messages on the Application; (m) arrange physical meetings or pursue in-person connections outside of in-app communication; or (n) submit false refund requests to Cocone. Cocone reserves the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these Terms or the Application and to take action as a result, which may include termination of your access to the Application and exclusion from further participation in the Application.


Changes, Suspension or Termination of the Application

We reserve the right to add, change, suspend or discontinue the Application, or any aspect or feature of the Application, without notice or liability. You agree that we may alter the Application, which includes changing the various stipulated terms and changing or eliminating parts of the Application, without contacting you in advance.

You agree that we may temporarily suspend the Application without prior notice. During any such period you may be unable to access any information you have stored on the Application. This may occur, for example, when we are conducting regular or emergency maintenance on the Application.

You agree that we may delete your account without prior notice if more than one year has passed since you last logged into the Application.

The license is effective until terminated by you or Cocone. Your rights under these Terms will terminate automatically without notice from Cocone if you violate any of the terms or conditions listed in these Terms, regardless of whether the violation is by, on behalf of, or through you. Upon termination of the license, you shall cease all use and delete all copies of the Application.

You may, as the result of termination, lose your access to the Application and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these Terms for any reason, whether by you or Cocone. Cocone reserves the right to refuse to provide access to the Application to anyone.


No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COCONE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. COCONE DOES NOT WARRANT THAT THE APPLICATION, OUR SERVERS OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COCONE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COCONE OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.


Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL COCONE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COCONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


Indemnification

You are responsible for damages incurred by Cocone and our affiliates as a result of your use of the Application and agree to defend, indemnify and hold harmless Cocone and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Application and any breach of these Terms, the Privacy Policy or any other policies posted on the Application from time to time.


No Support

You agree that we have no obligation to provide support relating to the Application. You agree that the Applications may automatically install updates, upgrades and additional features that Cocone deems reasonable, beneficial to you and/or reasonably necessary.


Export

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any US-embargoed countries or a country designated by the US government as a “terrorist-supporting” country or (b) to anyone on the US Treasury Department's Specially Designated Nationals List or the US Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by US law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.


Communications

You agree that Cocone may send emails to you for the purpose of informing you of upcoming events or offers, notifying you of changes to the Application, or for other purposes we deem appropriate.

Any questions relating to the Application should be sent to the following:
Cocone Xenon Inc. notifications@cocone.co.jp

 

Disputes

As used in these Terms, “Dispute” means any dispute, claim, demand, action, proceeding, or other controversy between you and Cocone concerning the Application and your or Cocone's obligations and performance under these Terms, the Privacy Policy or with respect to the Application, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), on a statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law. However, “Dispute” does not include a claim to enforce or protect, or concerning the validity of, any of your or Cocone’s (or any of Cocone’s licensors’) intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use.


Mediation and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You may opt out of arbitration within a limited period. Please see “Opt-Out Right” below.

Informal Negotiation. You and Cocone agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Cocone otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Cocone provides written notice of the Dispute. You and Cocone agree that neither will commence arbitration before the end of the time for informal negotiation.

Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA), including the AAA's Supplementary Procedures for Consumer Related Disputes. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent Cocone or you from pursuing a claim in small claims court with applicable jurisdiction.

Limitation. You and Cocone agree that any arbitration shall be limited to the Dispute between Cocone and you individually. YOU AND COCONE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cocone agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.

Opt-Out Right. You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use the Application by emailing Cocone Xenon Inc. at individualrights@cocone.co.jp, providing your first and last name and email address, and stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.

This section survives termination of these Terms.


Governing Law

The laws of the State of New York, USA, excluding its conflicts of law rules, govern these Terms and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. In the event that the agreement above to arbitrate is not effective for any reason, you hereby agree to personal jurisdiction by and venue in the federal and state courts of New York, New York, USA for all disputes in connection with these Terms or any dispute of any sort that might arise between you and us or our affiliates. We and you agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of these Terms.

All Applications hereunder are offered by Cocone Xenon Inc., which may be reached at inqury@cocone.co.jp by inquiry form (https://coconevhelp.zendesk.com/hc/en-us/requests/new) or by physical mail at:

WeWork Companies LLC
12 East 49th Street, Floor 3
New York, NY 10017


Severability

If any of the terms or conditions of these Terms shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these Terms.


Delay in Enforcement

No delay or failure to take action under these Terms shall constitute any waiver by us of any provision of these Terms.


Complete Agreement

These Terms, the Privacy Policy , and any other policies posted in the Application from time to time, constitute the complete agreement between you and Cocone with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and Cocone.