1. USER REGISTRATION OBLIGATIONS
You agree that any and all information provided during the registration process (“Registration Data”) is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. The Company reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time.
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
3. Use of the Service
Company grants you permission to use the Service as set forth in this Agreement, provided that you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose, you will not copy, distribute, or disclose any part of the Service in any medium, and you will otherwise comply with the terms and conditions of this Agreement.
No registration is required to use the Service. However, in order to access certain features of the Service, registration with the Company will be required and you will need to create a “Member” account or profile. Your account or profile gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You agree not to use the communication systems provided by the Service for any commercial solicitation purposes nor collect any personally identifiable information, including account or profile names, from the Service. You also agree not to use or launch any automated system, including without limitation, “offline readers,” “spiders,” “robots,” etc. , that accesses the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser, and you agree not to collate or aggregate any of the content available through the Service for use elsewhere.
In the Company’s sole discretion, the Company may temporarily or permanently suspend, terminate, or otherwise refuse to permit your access to the Service without notice and liability, if, in Company’s sole determination, you violate any provision of the Agreement, including by carrying out any of the following prohibited actions:
- Bypassing the measures we may use to prevent or restrict access to the Service;
- Interfering with the proper working of the Service;
- Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Uploading invalid data, viruses, worms, or other software agents through the Service; or
- Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; or
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor User activity, including disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. By using the Service, you affirm that you are at least 18 years of age. If you are 13 to 17 years of age, then you must obtain your parent or guardian’s consent to use the Service and by using the Service you hereby represent that you have obtained such consent. The Company does not seek to gather personal information from or about children under the age of 13 through the Service.
5. User Content
You agree not to post User Content that:
- Contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- May create a risk of any other loss or damage to any person or property;
- May create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
- May constitute or contribute to a crime or tort;
- Contains any information or content that is illegal;
- Contains any information or content that you know is not correct and current; or
- Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
- Constitutes “Spam”, advertising, or business related communications.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any rights of publicity and privacy and Intellectual Property Rights (as defined below). Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with any rights organization.
We reserve the right to monitor and review transmissions online and in storage, and to remove or reject any material, which we, at our sole discretion, believe may be unlawful or objectionable, without prior notice to Users. You understand and acknowledge that you may be exposed to User Content that is indecent, inaccurate, offensive, or objectionable, and you agree that Company shall not be liable for any damages you allege to incur as a result of such User Content.
Company takes assumes no liability and no responsibility for any User Content that you or any other Users or third parties post or send over the Service. You agree and understand that any damage or loss of any kind that occurs as a result of the use of any User Content that you upload, download, send, stream, transmit, post, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Company is not responsible for any public display or misuse of your User Content.
The Service may allow Users to create Member accounts or profiles, post feedback, comments, and questions on message boards, send private messages to other Users, and engage in conversation with other Users in chat rooms, as well as post other information. You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all copyright rights, trademark, patent rights, mask work rights, moral rights, rights of publicity, goodwill, trade dress and service mark rights, trade secret rights and other intellectual property rights and moral rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
6. Grant of License
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to Company a non-exclusive, worldwide, sublicensable, transferable, royalty-free, perpetual, irrevocable, license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
7. The Company’s Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to license, sell, modify, distribute, copy, rent, reproduce, transmit, publish, adapt, publicly display or perform, edit or create derivative works from any materials or content accessible on the Service. Use of the Company Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is unsolicited, gratuitous, and without restriction and will not place Company under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
The Service may be used to purchase products.
When placing an order, Users agree to adhere to the methods stipulated by the Service.
After placing an order, Users will receive an order confirmation notice from the Service.
When placing an order, Users are entering a legal contract with the Company.
This contract is binding until the products ordered have been delivered to the delivery carrier by the Company.
This contract is subject to cancellation at any time at the discretion of the Company.
Legal or other necessary measures will be taken if it has been determined at any time, including after an order has been completed, that the Users have violated the Terms of Service.
The company will accept no liability in any event including (without limitation) negligence for any damages or loss of any kind, including (without limitation) direct, indirect, incidental, special or consequential damages, expenses or losses arising out of, or in connection with the Users’ use or inability to use the Service, or in connection with any error, omission, defect, computer virus, system failure or in connection with the access of, use of, performance of, browsing in the Service.
All prices are considered to be set at the time an order is placed.
The Service strives to provide only accurate information, however in the event of a pricing error the order will be altered to reflect the correct price.
In the event of manufacturer price change any affected orders will be altered to reflect the new price.
All costs related to shipping service will be borne by the Users. All shipping costs and applicable services will be determined by the Company.
Users agree to contact their local post office (not the Company) for any changes to shipping address or other delivery details to be made after an order has been shipped.
The Service accepts no liability for order or item cancellations caused by shipping delays, product availability, etc.
If the product is damaged or contains defects the user agrees to report said defects to the Company within 7 days of receiving the merchandise. The Company will then determine the best course of action to be taken. The Company will not provide service for any reports received after 7 or more days have elapsed from an order’s date of receipt.
Users agree to follow the process noted above and to abide by any service terms set by the company.
12. Product Liability
In the event that a product cannot be procured, the Company reserves the right to cancel any orders as necessary.
The Company will send products to the address stipulated by the Users on the applicable order form.
The Company will do its utmost to ensure the accuracy and completeness of product descriptions, however the company accepts no liability for inaccuracies or errors. Current descriptions take precedence over those previous noted.
Under law, this site accepts no responsibility whatsoever for damage to or loss of merchandise.
13. Information Published on the Site
There is no guarantee regarding the accuracy, timeliness or usability of the information published on the Service.
The Service reserves the right to add, alter, remove, etc. any information provided at any time and without prior notice.
The Company accepts no liability for any damages incurred by Users as a result of any information which is added, altered or removed in this way.
14. Interruption or Discontinuation of Service
The Company reserves the right to halt or discontinue any and all services at the company’s discretion without prior notice for any of the following reasons:
- System trouble, system updates, security checks or any sort of emergency;
- In the event of a natural disaster or act of God;
- Problems related to ISPs or other communications carriers;
- Halt of or discontinuation of the Service due to technological, operational or any other unforeseen circumstances.
The Company accepts no responsibility for damages incurred by Users or other 3rd parties in the event of service suspension or cancellation.
You agree to indemnify and hold harmless the Service, the Company, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.
16. LIMITATION OF LIABILITY
The Service and the software are made available to you for your convenience on an “as is” and “as available” basis. The Service does not warrant or make any representations or warranties (including but not limited to merchantability, fitness for a particular purpose, satisfactory quality, reliability or non-infringement) regarding the use or the results of the use or the contents of the Service or the software. The Service does not warrant or represent that the software will be free of all viruses. You understand that the Service and the software are still alpha/beta versions and may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Service, you specifically agree that the Service is not liable for any of the above issues. Moreover, you understand that the Service does not warrant or represent that the Service and/or the software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
We shall not be liable for any loss or damage, whether direct, indirect, special or consequential, arising out of the use of or the inability to use the Service or the software, or the results or the contents thereof, to the greatest extent permitted by law.
If you are dissatisfied with the Service or the software, or have any other disputes or claims with or against us with respect to the Service or the software or these Terms of Service, then your sole and exclusive remedy is to discontinue using the Service and/or the software.
17. Third-Party Websites, Advertisers or Service
18. NOTICES FROM THE SERVICE
From time to time, the Service may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.
We are continuously developing the features and functionality of the Service. Consequently, we reserve the right to modify Terms of Service at any time at our sole discretion. You agree to be bound to such alterations when you use the Service and the alterations shall be effective at the time of using the Service. It is important that you review these Terms of Service regularly on the Service to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on the Service and discontinue use of the Service.
The agreement shall be governed in all respects by the laws of Japan, without regard to conflict of law provisions. The Users agree that any claim or dispute you may have against the Company must be resolved exclusively by the Tokyo District Court located in Tokyo, Japan.