This agreement uses the online gallery & store “ubies Gallery Store” (hereinafter referred to as “this service”, the site providing the service is referred to as “this site”) operated by ubies Co., Ltd. (the “Company”) It will be applied to everyone at the time of getting it. In using this service, we assume that you agree with all the items of description of this agreement. Please read the terms of this agreement carefully in order to use this service comfortably.
- ＜Table of Contents＞
- Chap.1 Preconditions
- Chap.2 Membership
- Chap.3 General condition of use
- Chap.4 Purchase
- Chap.5 Bans
- Chap.6 Disclaimers
- Chap.7 Assignment
- Chap.8 Rights
- Chapter 1: Preconditions
- 1. Consent to this Policy
In order to use these Services, consent to this Policy and membership are required. If no consent is given, use of any service provided by this Company shall not be allowed.
- ２ Domiciliary Country
If it is prohibited for any user to use these Services pursuant to the legislation of any country including those where such user is domiciled or accesses these Services, then such user is not allowed to give consent to this Policy or to use these Services.
- ３ Handling of Personal Information
- ４ Changes and/or Additions to this Policy
This Company may change all or a part of this Policya at its discretion without advance notice to members or other similar persons, and shall be entitled to stipulate anew other policies and/or special conditions that would supplement this Policy (those policies and/or special conditions shall constitute a part of this Policy). Any change and/or addition to this Policy shall become effective upon its publication on this Website3.
- ５ Termination and/or Changes to these Services
This Company shall be entitled to terminate, temporarily suspend, change and/or make additions to, all or a part of these Services at its discretion without notice to the members or other similar persons in advance. While this Company will exert utmost efforts to give notice beforehand concerning the foregoing4, it shall bear no liability to the members or other similar persons and any third party for any and all damages caused by the termination, temporal suspension, change and/or addition described herein.
- ６ Method of Notices
If this Company deems it necessary to give notice or contact any member, it will give notice or communicate with such member by way of e-mail or telephone communication or through postal services, using the e-mail address, telephone number or address contained in the member’s information registered by such member himself/herself/itself. If any need arises for any member to notify, communicate or make an inquiry to this Company, such notice, communication or inquiry shall be made to the liaison person designated by this Company upon the provision of these Services. If there is any inquiry pursuant to the preceding paragraph, this Company shall be entitled to verify the identification of such member by the means then established internally. In addition, as to the means of responding to such inquiry (including by e-mail, sending a letter by post or over the telephone), this Company shall be entitled to respond by adopting the means it deems most suitable therefor from time to time.
- １ Eligibility of Members
- 1. Those who applied for membership for these Services shall each become a registered member of these Services upon the admission of such application by this Company and the completion of the registration as a member.
- 2. This Policy shall apply to all members. Non-compliance with this Policy, whether committed upon the registration of the membership or thereafter, shall result in a prohibition to use these Services. Every member shall register accurate and true information upon the registration of the membership or thereafter.
- 3. Every member shall comply with the relevant laws, government decrees, ministerial ordinances, municipal bylaws, regulations and orders in participating in these Services.
- 4. This Company reserves its right to delete any ID and/or account that is not used for a certain length of period.
- ２ Change of registration information
If it is found an error, inaccuracy, shortage, etc. in the registration information, or when there is a change in the registration information, the member shall immediately change the registration information, or inform the Company in a manner separately determined by the Company.The Company shall be able to regard the registration information as authentic information if the member does not file the notification specified in this section and shall not be liable for damages or any other liability for results and damages arising out of or related to members or third parties due to no change notification being made.
- ３ Administration and Responsibilities concerning the ID and Password
- 1. It is each member’s own responsibility to strictly administer such registered member’s ID and password.
- 2. With regard to membership, and the member’s ID and password, no member is allowed to make them available to, or assign, sell, pledge, rent or lease them to, any third party, or to dispose of them in whatever manner.
- 3. Liability for any act committed using the member’s ID and password shall be borne by the member to whom such ID and password were conferred, even if such act was committed without obtaining such member’s consent or authorization to use. This Company shall bear no liability for any and all damages caused by such act. Provided, however, that the aforesaid shall not apply to a case where such ID and password became known to the third party due to this Company’s intentional act or gross negligence.
- 4. Each member shall be responsible for any liability and damage caused by the equipment, circuit, software and the like as well as any liability and damage due to the fault and errors committed by the member when he/she/it uses these Services, and this Company shall be exempt from responsibility therefor. If information of the member’s ID and password is divulged to any third party, please promptly notify this Company to that effect.
While this Company may suspend or terminate the use of these Services using such member’s ID and password, this Company shall bear no responsibility for any and all damages caused by such divulgation of information. Provided, however that the aforesaid shall not apply to a case where such ID and password became known to the third party due to this Company’s intentional act or gross negligence.
- 5. Each member is obliged to logout after login and use of these Services. This is to prevent any third party’s unauthorized use of these Services using such login ID and password. Each member shall be obliged to change the password periodically and exert efforts to avoid problems.
- ４ Suspension and Cancellation of Membership
- 1. If this Company deems that a member falls under any of the items enumerated below, this Company shall take measures including cancellation of membership, deletion of all or a part of the contents and information related to such member, and refusal of access to all or a part of these Services. This Company shall bear no obligation to explain any reason for taking such measures.
- ①In the event this Company determines that the information registered by the member is false.
- ②In the event the member violates a law, ordinance or this Policy.
- ③In the event this Company determines that the member has wrongfully caused a nuisance to any other member or third party.
- ④In the event the frequency of the occurrence of problems with any other member or third party exceeds a certain level, whether the problems are caused intentionally or by negligence.
- ⑤In the event the member, using these Services, collects personal information of any other member.
- ⑥In the event this Company determines that the member has committed a wrongdoing.
- ⑦In the event the registered ID was obtained or used by any antisocial force or constituent and/or associate thereof, or this Company determines that such obtainment or use is likely to occur.
- ⑧Any other event occurs, which this Company considers inappropriate for the member.
- 2. This Company shall be entitled to prohibit the disqualified member from current and future use of and/or access to these Services provided by this Company.
- 3. This Company shall bear no responsibility for any and all damages caused by measures taken in accordance with this Article
- 4. Withdrawal
If a member wishes to withdraw, withdrawal is allowed by the procedure prescribed on the Website.
- Chaper 3: General condition of use
- 1. Upon Use of these Services
It is acknowledged that any problem that arises among the members shall be solved among the parties affected themselves, hence, any transaction under these Services should be made with care and deliberation.
- 2. Copyright
If any member commits any act in violation of the Copyright Act [of Japan5], defamation, injures another person’s reputation, or violates another person’s rights in relation to a transaction, then such member shall solve the matter at his/her/its own responsibility and expense, and this Company shall be exempt from any liability therefor.
- 3. Contents
This Company shall bear no responsibility for the deletion from or non-preservation in these Services of any communication (including e-mails and posts) or contents, exchanged or transmitted by any member or other similar person.
- Chapter 4: Purchase
- １ Application of purchase
- 1. Users can apply for the purchase of the products (limited to those posted at the time of application) posted on this website in the manner prescribed by the Company.
- 2. When the user makes an application for purchase pursuant to the method set forth in the preceding paragraph, at the time when the Company notifies the user to approve the application upon purchase, the purchase / sale of goods between the Company and the user The contract shall be established. The user agrees to notify the acceptance of the application by way of sending electronic data through the Internet instead of the written notice by the Company.
- 3. If it takes time to deliver goods due to out-of-stock etc., Or you may not receive your order.
- ２ About return and exchange of goods
- 1. Return / exchange of goods shall not be possible unless there is a defect such as defective quality of goods, product difference, alteration, etc. that our company recognizes. In addition, if we decide that we can return or exchange, our company or manufacturer will bear the cost of returning and exchanging.
- 2. If the user wishes to return the item, the user shall notify the Company that he / she wishes to return within 6 days after the item arrives, together with the reason for the return. In addition, notification to our company can be done from the “contact” page on this site.
- 3. If the product has been returned from the user without the notification set forth in the preceding paragraph and there has not been a report for more than one month thereafter, the Company shall be able to destroy the item, and the replacement item We shall not be obliged to provide, compensate or compensate for damages.
- ３ About payment
- 1. The user shall pay the purchase price of goods (including consumption tax and local consumption tax) by credit card.
- 2. The user shall pay according to the method specified by each credit card company. Also, if a dispute arises over the obligation based on the cause other than the product between the user and the credit card company, it shall be resolved between the user and the credit card company, and the Company shall not bear any responsibility will do.
- 3. We may change the payment method of purchase price that the user can choose. Please confirm payment method when purchasing.
- 4. The delivery fee related to the delivery of goods shall be borne by the user except for some service items. However, it may be free in accordance with regulations concerning delivery fee separately determined by the Company.
- Chapter 5: Bans
- 1. This Company prohibits any member or third party who has accessed these Services from committing any of the acts or expressions enumerated in each item below (the “Prohibited Matters”). In the event of a breach, this Company shall take the necessary measures including involuntary withdrawal, suspension of use and deletion of the posted information.
If any act in violation of this Policy is found, please notify the information desk, the e-mail address of which is: firstname.lastname@example.org
- (i) Any act that violates or is likely to violate this Company’s or a third party’s intellectual property including copyright, moral right and trademark.
- (ii) Any act that violates or is likely to violate this Company’s or a third party’s privacy, portrait right or other similar rights.
- (iii) Any act that violates another’s fame, reputation, privacy right, publicity right, copyright or other rights.
- (v) Any act that violates a law or ordinance as well as any act or expression that solicits or facilitates an illegal act.
- (vi) A posting and transaction of works or the like as described below:
- a. Any work produced by another person.
- b. Any item prohibited from being exhibited under the law.
- c. Other works deemed by this Company as improper.
- (vii) Any act that imposes a burden on a server.
- (viii) Any act that impedes the operation of these Services or the network system.
- (ix) Any act that impedes the access or control of another member or other similar person.
- (x) Any slander, duress, harassment, or other act that inflicts financial or spiritual damages or disadvantages against another member or other similar person.
- (xii) An act providing information containing any element described below by posting on the writable area of this Website or sending the said information by e-mail:
- a. commercial advertisement or information for the purpose of promotion except those authorized by this Company;
- b. information containing a link to an “affiliate” site (meaning a sort of customer action advertisement)6;
- c. information to solicit others including pyramid financing, chain e-mail message, multilevel marketing system or “paid to surf;”
- d. information directing a user to an adult site; and
- e. any other information this Company may consider inappropriate.
- (xii) An act of sending messages at random.
- (xiii) An act by one user to hold more than two accounts.
- (xiv) Posting a false explanation or picture concerning a posted work.
- (xv) Conduct of business (including advertising and promotion) individually made to any entity, the information of which was obtained through the use of these Services (including mail address, URL and address).
- (xvi) Any other act that may be contrary to public order, standards of decency or common sense.
- 2. If a member or other similar person commits, whether intentionally or by negligence, any of the Prohibited Matters provided for in the preceding clause, then such member shall bear any and all responsibility including liability for damages suffered by any member, other similar person or third party due to the commission of such Prohibited Matter. In case this Company suffers any damage due to such Prohibited Matter committed by the member or other similar person, such member and other similar party shall indemnify it for such damages jointly and severally.
- 3. If any dispute arises between a member or other similar person, and a third party who is a right holder or other person authorized by such right holder due to the infringement by such member or other similar person of any right conferred to such third party, then such member or other similar person shall be liable to indemnify the damage suffered by this Company.
- 4. If this Company determines that a member is likely infringing any third party’s intellectual property right, then this Company shall be entitled to delete, without any notice in advance and in its sole discretion, any and all of the contents posted on the Website by such member.
- Chapter 6: Disclaimers
- 1. Even though this Company will render its utmost efforts to operate these Services smoothly, it shall not bear any responsibility for any damage suffered by a user or third party arising due to any addition or change of these Services, malfunction therein or other unexpected causes. If anything contrary to this Policy, laws or ordinances, or other wrongdoing committed by a user is found, this Company shall be entitled to suspend such user’s use of this Website. This Company shall bear no responsibility for any damage caused thereby.
- 2. This Company will mainly not be involved in communications or activities among the members. In case any problem arises among the members, the parties concerned shall solve the matter, and this Company shall not bear any responsibility therefor, unless it is determined that such problem was caused by a malicious conduct.
- 3. Members shall each be responsible for his/her/its own conduct in using these Services.
- 4. This Company is not obliged to administer or retain writings, images or other contents posted by any member.
- 5. Members are obliged to backup, or conduct descriptor management concerning any registered works or information accompanying the same or any information or data posted, in case of data loss.
- 6. Information posted by a member shall be administered at such member’s own responsibility. This Company shall bear no responsibility for any dispute or damage caused thereby.
- 7. This Company shall bear no responsibility for any damage caused at any website or resource linked by any advertisement posted on this Company’s Website, or the e-mails transmitted by this Company to a member, or the URL of such other website or resource posted by a member or other similar person.
- 8. This Company shall bear no responsibility for any damage caused by or arising in relation to the content of these Services provided through this Website, status of the provision thereof, connection to or usage environment of this Website, or other matters associated with these Services provided through this Website.
- 9. With regard to special damages, incidental damages or consequential damages including damages arising from the loss of data or interest that occurs based on the use (or inability to use) of these Services, in no event shall this Company or its employees bear any responsibility to any third party.
- Chapter 7: Assignment
- In the event that we transfer the business pertaining to this service to a third party, we will notify the status on the use contract, the rights and obligations based on this contract, the membership registration information and other customer information, To the assignee, and the member agrees in advance in this paragraph with respect to such assignment. Incidentally, the business transfer prescribed in this section shall include not only normal business transfer, but also any case where company split or other business transfers.
- Chaper 8: Rights
- 1. Each member or other similar person shall be obliged to use these Services with the full acknowledgment and understanding that right holders or those who are authorized thereby reserve their rights.
- 2. In principle, this Company will not ascertain the substance, quality, accuracy, reliability, legality (hereinafter including non-infringement of another person’s rights), currentness, usefulness or the like of the contents transmitted or posted by a member or other similar person in relation to these Services.
- 3. This Company shall not warrant, nor bear responsibility for the substance, quality, accuracy, reliability, legality, currentness, usefulness or the like of the contents (matters concerning a transaction7 or the contents transmitted or posted by a member or other similar person) in relation to these Services. This Company shall bear no responsibility for damages arising from any use of the contents of these Services by the members, other similar persons or third parties.
- 4. Each member or other similar person shall bear any and all responsibility concerning the contents transmitted or posted by such member or person. With regard to the contents transmitted or posted by other members or other similar persons, each member or other similar person is required to judge for himself/herself/itself the substance, quality, accuracy, reliability, legality, currentness, usefulness or the like of such contents.
- 5. If this Company determines that any member or other similar person has violated this Policy or has committed any improper conduct in view of the spirit of this Policy, then this Company shall be entitled to delete at its sole discretion any and all of the contents posted by such member or person8 on this Website without any notice in advance. If this Company determines that any content is not suitable for these Services, it may freely change or delete such content.
- 6. Any and all industrial property rights, know-how, programs, copyrights or other intellectual property rights or other rights related thereto contained in this Company’s Services shall reside in this Company and shall not be reproduced or sold unless a written consent is obtained from this Company in advance.
- 7. Copyright to the content posted by a member shall reside in the member who posted it. Provided, however, if this Company wishes to exploit such information as a secondary use (including indication, citation or reprinting) for any website other than this Website or publication, then such member shall authorize the same. Upon a member’s withdrawal from these Services, any content already posted by such member shall not be deleted.
- 8. Each member warrants that the copyright of any content posted by himself/herself/itself resides in such member and does not infringe any third party’s rights.
- 9. If any member defames any other person, commits an act in violation of the Copyright Act [of Japan] or infringes any other person’s rights, then such member shall solve the matter at his/her/its responsibility and expense. This Company shall bear no responsibility therefor.
- 10. Governing Law and Jurisdiction
Japanese laws shall govern this Policy and the relationship between any registered member and this Company. The Osaka District Court shall have exclusive jurisdiction of the first instance over any dispute concerning this Policy and any dispute between this Company and any user [of these Services9].
Enacted on 11 September,2018