Terms of Use

These Terms of Use, together with the Riiiver Privacy Policy (collectively, these “Terms of Use”) are entered into by and between you (“You”, “Your” or “User”) and Citizen Watch Co., Ltd. (“Citizen”) and govern Your access to and use of riiiver.com, including any content, features, products, applications, functionality, and services offered on or through riiiver.com, or any mobile app (collectively, the “Services”), whether or not such access or use is as a guest or a registered user of the Services.

Please read these terms carefully before using the services offered by Citizen. By using the Services or by clicking to accept or agree to these Terms of Use when this option is made available to You, You agree to be bound by these Terms of Use.

1. Eligibility Requirements.

The Services are offered and available to Users who are 13 years of age or older and reside in the United States or any of its territories or possessions. If You are under 18 years of age, You may use the Services only with the supervision of a parent or guardian. By using the Services, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not meet all of the eligibility requirements, do not access or use the Services.

2. Change to the Terms of Use and the Services.

Citizen may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted by Citizen, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that You accept and agree to the changes. You are expected to check this page frequently so You are aware of any changes, as they are binding on You. Citizen may provide notice of material changes to these Terms of Use by email if You have provided an email address during the account registration process. Citizen may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on, or included in, the Services may be out of date at any given time, and Citizen is under no obligation to update such material.

3. License and Service Access.

(a) Citizen grants You a limited, revocable license to access and make personal use of the Services and not to download (other than page caching or downloads of the applicable applications from third party stores such as the Apple iTunes app store or Google Play store) or modify it, or any portion of it, except with express written consent of Citizen. This license does not include: (i) any resale or commercial use of the Services or their contents; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Services; (iv) any downloading or copying of account information for the benefit of another person or entity; or (v) any use of data mining, robots, or similar data gathering and extraction tools.

(b)The Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose in whole or in part without express written consent of Citizen. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without Citizen’s prior express written consent. You may not use any meta tags or any other “hidden text” utilizing Citizen’s name or trademarks without Citizen’s prior express written consent.

(c)You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the riiiver.com website so long as the link does not portray Citizen, its affiliates, or their products or the Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Citizen logo or other proprietary graphic or trademark as part of the link without Citizen’s express prior written consent.

(d)Any unauthorized use terminates all permissions and licenses granted by Citizen and its affiliates.

4. Accessing the Services and Account Security.

(a)Citizen reserves the right to withdraw or amend its website and the Services, or material provided therein, in its sole discretion without notice. Citizen will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, Citizen may restrict Your access to all or some parts of the Services.

(b)You are responsible for: (i) making all arrangements necessary for You to have access to the Services and (ii) ensuring that all persons who access the Services through Your internet connection are aware of these Terms of Use and comply with them. To access the Services or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide on or through the Services is correct, current, and complete. You agree that all information You provide to register with the Services or otherwise provide to Citizen, including but not limited to through the use of any interactive features on the riiiver.com website and including data that Citizen collects from Your use of the Services, is governed by the Riiiver Privacy Policy https://riiiver.com/en/privacy/ and You consent to all actions Citizen takes with respect to Your information consistent with the Citizen Privacy Policy. If You choose, or are provided with, a user name, password, or any other piece of information as part of Citizen’s security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to the Services or portions of it using Your user name, password, or other security information. You agree to notify Citizen immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information. Citizen has the right to disable any user name, password, or other identifier, whether chosen by You or provided by Citizen, at any time in its sole discretion for any or no reason, including if Citizen believes You violated any provision of these Terms of Use.

5.Intellectual Property Rights.

(a)All content included on or used on the Services (including but not limited to all information, software, text, displays, graphics, logos, button icons, digital downloads, data compilations, software, images, video, and audio, and the design, selection, and arrangement thereof) is the property of Citizen, its licensors, or its content suppliers and protected by and international intellectual property or proprietary rights laws.

(b)Certain marks indicated on the Services are trademarks of Citizen or its affiliates, in the United States and other countries. All other trademarks not owned by Citizen or its affiliates that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Citizen.

(c)If You believe that anything on the Services infringes upon any copyright which You own or control, You may file a notification with our agent designated to receive notifications of claimed copyright infringement to the following address:

By E-Mail: support.riiiver@citizen.co.jp with the subject line “DMCA”

By Mail:
Attn: Open Innovation Dept.
6-1-12 Tanashi-cho, Nishi-Tokyo-shi, Tokyo 188-8511, Japan

6.Prohibited Uses.

(a)You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the United States or other countries (collectively, “Laws”); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out Section 9 of these Terms of Use; (iv) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (v) to impersonate or attempt to impersonate Citizen, a Citizen employee, another User, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (vi) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Citizen, may harm Citizen or Users of the Services or expose them to liability.

(b)You agree not to: (i) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services; (ii) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services; (iii) use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without Citizen’s prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Services; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which any of the Services are stored, or any server, computer, or database connected to the Services; (vii) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; (viii) breach the terms of use or any other application rules associated with any third party platforms (e.g. the Apple App Store and Google Play store) from which applications relating to this Services are downloaded, or (ix) otherwise attempt to interfere with the proper working of the Services.

7.User Contributions.

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution You Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, You grant Citizen and its affiliates and service providers, and each of their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties and exploit any such User Contributions for any purpose. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above and all of Your User Contributions do and; (b) will comply with these Terms of Use. You understand and acknowledge that You are responsible for any User Contributions You submit or contribute, and You, not Citizen, have full responsibility for such User Contributions, including their legality, reliability, accuracy, and appropriateness. Citizen is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by You or any other User of the Services.

8.Monitoring and Enforcement; Termination.

Citizen has the right (but not the obligation) to: (a) remove or refuse to post any User Contributions for any or no reason in its sole discretion; (b) take any action with respect to any User Contribution that Citizen deems necessary or appropriate in its sole discretion, including if Citizen believes that such User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Services or the public, or could create liability for Citizen; (c) disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (e) terminate or suspend Your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, Citizen has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Citizen to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND AGREE TO HOLD HARMLESS CITIZEN AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. Citizen does not undertake to review all material and User Contributions before they are posted on the Services and cannot ensure prompt removal of objectionable material or User Contributions after they have been posted. Accordingly, Citizen assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Citizen has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

9.Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Laws. Without limiting the foregoing, User Contributions must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (c) infringe any rights in patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (h) impersonate any person, or misrepresent Your identity or affiliation with any person or organization; (i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (j) give the impression that they emanate from or are endorsed by Citizen or any other person or entity, if this is not the case.

10.Reliance on Information Posted.

The information presented on or through the Services is made available solely for general information purposes. Citizen does not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk and Citizen disclaims all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Services, or by anyone who may be informed of any of its contents. The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Citizen, are solely the opinions and the responsibility of the person or entity providing those materials and do not necessarily reflect the opinion of Citizen. Citizen is not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.

11.Links from the Services.

Links to other sites and resources provided by third parties are provided for Your convenience only, including links contained in advertisements and sponsored postings. Citizen has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from Your use of such other sites and resources. If You decide to access any of the third-party websites linked to the Services, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.

12.Geographic Restrictions.

Citizen provides the Services for use only by persons located in the United States. Citizen makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services whether inside or outside the United States, You do so on Your own initiative and are responsible for compliance with local Laws.

13.Disclaimer of Warranties.

(a)You understand that Citizen cannot and does not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

(b)YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THIS SERVICES AND CONTENT AND ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CITIZEN, ITS AFFILIATES AND ALL PERSONS ASSOCIATED WITH CITIZEN MAKE NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CITIZEN, ITS AFFILIATES NOR ANYONE ASSOCIATED WITH CITIZEN REPRESENTS OR WARRANTS THAT THE SERVICES OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, CITIZEN AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14.LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CITIZEN, ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOST PROFITS). IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CITIZEN, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED FIFTY DOLLARS ($50.00).THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15.LIMITATION ON TIME TO FILE CLAIMS.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16.Indemnification.

You agree to defend, indemnify, and hold harmless Citizen, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of the Services, including, but not limited to, Your User Contributions, any use of the Services and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from the Services.

17.Governing Law and Jurisdiction.

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, United States, without giving effect to any choice or conflict of law provision or rule (whether of the New York or any other jurisdiction) that would require the application of the laws of any other state. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of New York in each case located in the City of New York and County of New York. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

18.Waiver and Severability.

No waiver by Citizen of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Citizen to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

19.Entire Agreement.

These Terms of Use, Privacy Policy, and other documents referenced herein constitute the sole and entire agreement between You and Citizen regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Last Modified: August 7, 2019