Harumika

This website is published by Bandai, a French société anonyme (limited company) with a board of directors and share capital of €15,000,000, registered with the Pontoise Trade and Companies Registry under no. 320 623 317, with its registered office at 21-23 Rue du Petit Albi, BP 48470, 95808 CERGY PONTOISE.

SIREN no.: 320 623 317 00064
Telephone: +33 (0) 1 34 30 30 88
Publisher: Christophe DREVET
e-mail address: contactharumika@bandai.fr

This website was designed by Carré de Ciel (DBMP), a French société par actions simplifiée (simplified limited company), registered with the Nanterre Trade and Companies Registry under no. 352 547 434, with its registered office at 79 Rue du R.P. Ch. Gilbert, 92600 Asnières.

This website is hosted by: CETSI, a Frech société anonyme (limited company), registered with the Nanterre Trade and Companies Registry under no. 337 958 698 with its registered office at 93-105 rue Veuve Lacroix, 92000 NANTERRE
The fact that data is collected on this website has been reported to the French National Data Protection Commission (Commission Nationale Informatique et Libertés or “CNIL”) under no. 1374230.
Your use of this website is governed by these Harumika Website Terms and Conditions of Use.
The main purpose of the Harumika website (“the Site”) is to enable Users to upload and save on the internet a personal gallery of photographs of fashions created using the Harumika product and to share them with other internet users.
Access to the Site is conditioned on agreement to these general terms and conditions of use.
By using this Site, you are deemed to have carefully read this document and to have agreed to follow its instructions. This document sets forth the Harumika Site terms and conditions of use. If you do not agree with these rules and with the conditions that we set, we request that you do not use this Site.
You must be of legal age. If you are not, you must obtain the prior, express consent of your parents or legal guardian. Bandai reserves the right to request proof of such authorisation at any time.
Bandai reserves the unrestricted right to amend, complete or withdraw any of these terms and conditions at any time. The fact that you continue to use this Site shall be deemed agreement by you to the terms and conditions as modified.

Use of the site

The Site is intended for personal use only. Users shall not use the Site for any commercial purpose whatsoever.
Except as provided in these terms and conditions of use, Users shall not be authorised to redistribute, rent, sell, modify, decompile, recompile, disassemble, adapt, reproduce or reduce any information or, more broadly, any content of the Site in any manner whatsoever, on any basis whatsoever, and whether or not in useable form.

Conduct of the user and use restrictions

The User warrants that he/she shall not use the Site for illegal purposes and that he/she shall comply with domestic and foreign laws and regulations in force.
In particular, the User shall not publish any content that constitutes infringement of intellectual property rights, that is contrary to good morals, public policy or the interests of third parties, that is obscene, pornographic, violent, defamatory or disrespectful, or that infringes on a third party’s right to privacy.
The User shall not publish any element that allows him/her or a third party (parents, friends, etc.) to be personally identified (photographs, etc.).
The User must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. The User must not attack this Site via a denial-of-attack or a distributed denial-of service attack.
By breaching this provision, the User would commit a criminal offence. Bandai will report any such breach to the relevant law enforcement authority and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.
Commentary and other materials posted on this Site are not intended to amount to advice on which reliance should be placed. Bandai therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to this Site, or by anyone who may be informed of any of its contents.
The User shall be solely liable for any tangible and/or intangible and/or direct or indirect loss of any type whatsoever that he/she may cause Bandai or third parties due to a non-conforming use of the Site. In the event the User breaches his/her legal and contractual obligations, Bandai reserves the right to initiate legal action to bring an end to such breach and obtain compensation for its loss.

Intellectual property

All models, texts, drawings, trade marks, logos and characters, as well as all other content/adaptations that appear on the Site in any format whatsoever are the property of Bandai or its partners or its associated companies.
Unless otherwise expressly authorised, all rights pertaining thereto are reserved. You may download a copy of certain portions of this Site exclusively for your own personal use, provided you do not modify any information and that you retain, without alteration, copyrights and other indications of ownership.
With the exception of the foregoing use, which does not confer any right of ownership or copyright in the content copied, any total or partial reproduction of such trade marks, drawings and models of elements of the Site without Bandai’s express authorisation is expressly prohibited, within the meaning of the provisions of Books I, III, V and VI of the French Intellectual Property Code or other applicable legislation.
Any display of this Site, in whole or in part, using any process whatsoever, without Bandai’s express authorisation is forbidden and constitutes an infringement of intellectual property rights sanctioned by the provisions of Books I, III, V and VI of the French Intellectual Property Code or other applicable legislation. The foregoing shall also apply to the databases included in the Site, which are protected by the French Intellectual Property Code.
These terms and conditions of use do not grant you any licence to use the trade marks, trade names, acronyms, logos, drawings or photos that appear on the Site.
We finally remind you that piracy harms the art creation.

BANDAI's rigths in the fashions you download from the site

The User registered as a Member on the Site grants Bandai, free of charge, an irrevocable, non-exclusive, non-terminable, royalty-free, non-exclusive licence and right to reproduce, distribute, post or display on the Harumika Site the fashions he/she has saved in his/her personal gallery, which shall be valid for the whole world and for the entire period that the User is registered as a Member.
Bandai also has the right to disclose the User’s identity to any third party who is claiming that any material posted or uploaded by the User to this Site constitutes a violation of their intellectual property rights, or of their right to privacy.

Liability

Subject to applicable legal provisions, the texts, photos, videos, data, posts, logos, trade marks and other elements that appear on the Site are provided without any warranty, guarantee or condition by Bandai. Use is at the User’s own risk and under his/her sole responsibility. Users are responsible for taking all appropriate measures to protect their own data and/or software installed on their computer equipment against any damage.

Bandai makes no express, implied, statutory or other warranty that inter alia:
• The Site is appropriate or fit to meet the User’s specific needs;
• The Site does not contain any errors, modifications or inaccuracies;
• The Site does not contain any viruses.

All materials downloaded and/or obtained in any manner whatsoever during use of the Site are at the User’s own risk, and Bandai shall not incur any liability for loss of data or damage caused to a User’s computer. No advice or information, whether oral or written, obtained by Users of the Site shall be deemed to create any warranty that is not expressly specified in these terms and conditions.

To the extent permitted by law, Bandai shall under no circumstances be held liable for any tangible and/or intangible and/or direct or indirect loss of any type whatsoever caused by use of the Site or in the event it becomes impossible to use the Site.
In particular, Bandai shall under no circumstances be held liable for any of the following non-exhaustive list of events:
• The transmission and/or receipt of any data and/or information over the internet;
• Any malfunction of the internet network that prevents the proper operation and/or functioning of one or more services offered on the HARUMIKA Site;
• The breakdown of any reception equipment or communication lines;
• Transmission problems;
• The functioning of any software;
• The consequences of any computer virus or bug, malfunction or technical failure;
• Any technical failure of hardware or software of any type that prevents or limits the ability to use any service offered on the Harumika Site or that damages a Member’s computer system.

Links to the other sites

This Site may contain links to other websites managed by third parties.
Despite the care Bandai exercises with respect to its partnerships and associated companies, Bandai has no means to control such third party sites and, therefore, to the extent permitted by law, declines all liability with respect to the following non-exhaustive list of situations:
•The content of third party sites and, in general, any information and/or data displayed on third party sites;
•Any tangible and/or intangible and/or direct or indirect loss of any type whatsoever that may be caused by use of a third party site.
The User may link to the home page, provided it is done in a way that is fair and legal and does not damage Bandai’s reputation or take advantage of it, but the User must not establish a link in such a way as to suggest any form of association, approval or endorsement on Bandai’s part where none exists. The User must not establish a link from any website that is not owned by the User.

Closure or suspension of the site

Bandai makes no warranty with respect to the quality of the Site and does not warrant that it will operate continuously.
Bandai reserves the right to modify or temporarily or permanently suspend access to all or a portion of the Site, in particular for technical reasons (maintenance), without prior notice and without the obligation to pay any compensation whatsoever. However, to the extent possible, Bandai will endeavour to inform its Users before carrying out maintenance work or updates. Bandai shall in no event be held liable for any modification, closure or suspension of the Site.

Closure a member's account

Bandai shall be entitled to cancel a User’s registration as Member and close his/her account if such Member breaches these terms and conditions of use or the Rules of Conduct (click here) or if he/she does not use his/her account for 3 months or more.
The Member and/or one of his/her parents if he/she is a minor may on his/her own initiative delete his/her account sending an email to the following address :

customerservices@bandai.co.uk

Personal data

In order to enable this website to function, meet your demands and allow you to take part in certain online activities, Bandai must collect certain information.
In accordance with the French Data Protection Act, Act no. 78-17 of 6 January 1978, you have a right to access, correct, oppose the use of and delete information about you.
To exercise any of these rights, you must contact Bandai at the following address:

customerservices@bandai.co.uk

To learn more about our policy concerning protection of personal data, please click here.
In accordance with the laws in force, Bandai takes all measures to ensure the security and confidentiality of files created using personal data collected on its Site. However, Bandai cannot control the use of the internet by third parties and draws Users’ attention to the fact that data transiting over this network is exposed to potential confidentiality risks.

Dispute resolution

If not prohibited by the compulsory application of any law, these terms and conditions shall be governed by French law. The French courts shall have exclusive jurisdiction over any disputes between you and Bandai with respect to inter alia the interpretation, performance or termination of any of the provisions of the general terms and conditions of use.
In the event any of the provisions of these terms and conditions is considered invalid, such provision shall be deemed null and void without affecting the validity of the other provisions.