sitateru

Terms and Conditions

TERMS

Terms and Conditions

Important: Please read the following Terms of Use carefully before registering for membership.
These Terms specify your rights and duties regarding the use of the Service.

Article 1: Applicability

  1. 1. The purpose of these Terms of Use (“Terms”) is to establish the conditions for provision of the Service and to prescribe the relationship of rights and duties between [sitateru Inc.] (the “Company”) and registered users concerning the use of the Service. These Terms apply to any and all relationships between registered users and the Company relating to the use of the Service.
  2. 2. In the event of any discrepancy between the content of these Terms and any explanations or descriptions of the Service set forth elsewhere, the provisions of these Terms shall prevail.

Article 2: Definitions

The following terms used herein shall have the respective meanings set forth in the following items.

  1. (1) “Service Use Agreement” means these Terms and the use agreement for the Service concluded between the Company and the registered user.
  2. (2) “Company” means [sitateru Inc.]
  3. (3) “Company Website” means the website operated by the Company at the domain “sitateru.com” (including the website after the change if the domain or content of the Company’s website is changed for any reason).
  4. (4) “Member” means an individual or corporation that is registered as a user of the Service in accordance with Article 3 (Members).
  5. (5) “Service” means the service named “sitateru” provided by the Company (including the service after the change if the name or content of the service is changed for any reason).

Article 3: Members

  1. 1. “Member” refers to an individual or corporation that has agreed to these Terms and applied for enrollment in the service operated by the Company in accordance with procedures prescribed by the Company.
  2. 2. “Member Information” refers to information disclosed by the Member to the Company regarding the Member’s attributes, as well as information regarding the Member’s transaction history etc.
  3. 3. These Terms apply to all Members, and must be observed during and after registration.

Article 4: Registration

  1. 1. Persons who have agreed to these Terms and applied for membership using the prescribed form will be eligible for membership upon completion of the prescribed registration procedure.
  2. 2. When performing the membership registration procedure, please read the notes on information entry carefully and then complete the required fields in the prescribed entry form correctly. Special symbols, old-style kanji characters and the like may not be used to register Member Information. If such characters are entered, the Company may amend them without giving any notice.
  3. 3. If any of the following events applies to a registration applicant, the Company may refuse registration or re-registration, and shall be under no obligation to disclose the reason for such refusal.
  1. (1) If all or part of the registration information submitted to the Company is false, misleading, or omitted;
  2. (2) If the applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained consent etc. from his or her statutory agent, guardian, curator, or assistant;
  3. (3) If the Company judges that the applicant is an Antisocial Force etc. (meaning an organized crime group, organized crime group member, right-wing group, antisocial force, or other person equivalent to the foregoing; hereinafter the same), or is in some manner interacting with or contributing to an Antisocial Force etc., such as by cooperating with or contributing to its maintenance, operation, or management by providing funding or another means;
  4. (4) If the Company determines that the applicant has breached or is affiliated with someone who has breached his or her contract with the Company in the past;
  5. (5) If the applicant’s registration has been cancelled by the Company in the past; or
  6. (6) If the Company otherwise determines the applicant to be unsuitable for registration.

Article 5: Password and Member ID Management

  • 1. Registered users shall be fully responsible for appropriately managing and storing their passwords and Member IDs for the Service, and shall not allow a third party to use the same, nor shall registered users lend, assign, change the name of, sell, or otherwise dispose of the same.
  • 2. Registered users shall be responsible for any and all losses arising from inadequate management, negligent use, or use etc. by a third party of their passwords or Member IDs, and in no event shall the Company be responsible for such losses.

Article 6: Changes to Registration Information

  1. 1. If a Member’s name, address, or other information submitted to the Company has changed, the Member shall promptly notify the Company of the change in the manner prescribed by the Company.
  2. 2. In no event shall the Company be responsible for any and all losses arising from a failure to register changes. Please also be aware that even if changes have been registered, any transactions already in progress prior to the registration of such changes shall be conducted on the basis of the information from prior to such registration.

Article 7: Withdrawal from Membership

  1. 1. Registered users can withdraw from the Service and cancel their registration as Members by notifying the Company in the manner prescribed by the Company.
  2. 2. Any obligations owed to the Company at the time of withdrawal must be paid in full to the Company immediately.

Article 8: Loss of Membership Qualification and Compensation Duty

  1. 1. If a Member has made any false statements when applying for membership, has neglected to fulfill any payment obligations, or has otherwise been deemed by the Company to be unsuitable for membership, the Company may revoke such person’s membership.
  2. 2. If a Member commits any of the actions enumerated below, the Member shall be responsible for compensating the Company for any loss resulting therefrom.
  1. (1) Unauthorized use of a Member ID and/or password;
  2. (2) Interference with the Company’s business, for instance by accessing this webpage and altering information, or by transmitting malicious computer programs;
  3. (3) Infringement of the intellectual property rights to products traded by the Company; or
  4. (4) Any other breach of these Terms.

Article 9: Handling of Member Information

  1. 1. In principle, the Company will not disclose Member Information to any third party without the Member’s prior consent; provided, however, that in any of the following cases, the Company can disclose Member Information or other customer information without the Member’s prior consent.
    1. (1) Cases where disclosure is compelled by laws or regulations;
    2. (2) Cases where the Company deems such disclosure necessary for protecting the Company’s rights, interests, or reputation etc.
  2. 2. The Company will manage Member Information in accordance with the Company’s “Privacy Policy”. The Company reserves the right to use Member Information in order to provide services to Members, to improve service content, to promote use of services, and to ensure the integrity and smooth operation of services.

Article 10: Prohibitions

When using the Service, Members are prohibited from engaging in any of the following acts.

  1. 1. Acts which violate laws or regulations, these Terms, the precautions for using the Service, or the precautions for shopping with this Service, or any other action in breach of these Terms;
  2. 2. Acts which infringe the intellectual property rights, portrait rights, privacy rights, reputation, or any other rights or interests of the Company or a third party;
  3. 3. Acts which might adversely affect the mental or physical well-being of minors, or which are otherwise contrary to public order and morality;
  4. 4. Acts which cause any inconvenience or discomfort for other users or third parties;
  5. 5. Providing false information;
  6. 6. Transmitting or writing malicious computer programs, e-mails, etc.;
  7. 7. Unauthorized access to the Company’s servers or other computers;
  8. 8. Lending or assigning their passwords to a third party, or sharing their passwords with a third party;
  9. 9. Directly concluding a contract or placing/receiving orders with the factory of any store, brand or manufacturer or their affiliates without the Company’s permission; or
  10. 10. Any other acts which the Company deems inappropriate.

Article 11: Service Interruption or Suspension etc.

1. In order to maintain satisfactory operating conditions for the Service, the Company may suspend provision of the Service in whole or in part without prior notice in any of the following cases.

  1. (1) If necessary for regular or emergency system maintenance;
  2. (2) If there is an excessive load on the system;
  3. (3) If there is difficulty in operating the system due to a natural disaster, power outage, or interference by a third party etc.; or
  4. (4) If the Company otherwise deems suspension of the system to be unavoidably necessary.

2. In no event shall the Company be responsible for any and all losses incurred by a registered user as a result of any action taken by the Company pursuant to this Article 11.

Article 12: Modification or Discontinuation of Service

The Company, may at its own discretion, modify or discontinue services in whole or in part, as it deems appropriate and without prior notice.

Article 13: [Disclaimer of Warranty]

  1. 1. In no event shall the Company be responsible for any damage arising from failures in telecommunications lines or computers etc. which result in system interruptions or delays or data loss; damage arising from unauthorized access to data; or any other damage incurred by Members in connection with the Company’s services.
  2. 2. The Company does not guarantee that e-mail or content transmitted from the Company’s webpages, servers, or domain etc. will not contain computer viruses or other malicious software.
  3. 3. In no event shall the Company be liable for compensating for any interruption, suspension, termination, disabling, or modification of the Service by the Company; the deletion or loss of any messages or information sent by a registered user to the Service; the cancellation of a registered user’s registration; the loss of registered data or the breakdown or damaging of equipment due to use of the Service; or any other damage incurred by a registered user in connection with the Service (“User Damage”).
  4. 4. Even if the Company bears liability for any reason, the Company shall not be liable for compensating for User Damage in excess of the amount paid by the registered user to the Company during the previous [12 month] period. Further, the Company shall not be liable for compensating for any incidental, indirect, special, or future damage or any damage from lost profits.
  5. 5. In a case where, in the use of the Service, products or product samples are lent to the Company, no guarantees shall be made absent negligence on the part of the Company.
  6. 6. In no event shall the Company be liable for compensating for damage incurred by a Member through infringement of a third party’s intellectual property rights, portrait rights, or other rights by a requested design.

Article 14: Confidentiality

Registered users shall treat as confidential any non-public information that the Company discloses to registered users in relation to the Service, requesting that the user treat such information as confidential, unless the Company has given prior written consent.

Article 15: Particulars of the Service

  1. 1. This Service is operated by the Company.
  2. 2. This Service is to be used only by Members who have been granted membership by the Company and granted Member IDs.
  3. 3. The sales vendors who can use this Service, and the types of items for which this Service can be used, as well as their sizes, weights, monetary amounts, destinations to which they will be sent, and any other conditions shall be limited to the scope prescribed by the Company.
  4. 4. All rights to products made through the use of this Service belong to the registered user.
  5. 5. The rights to any patterns created through the use of this Service shall belong to the Member and the Company.

Article 16: Refusal to Provide Service

1. The Company reserves the right to refuse to receipt of items or to provide the Service if any of the following events occurs or is likely to occur, even if the Service has been received previously.

  1. (1) If the Member’s whereabouts cannot be verified;
  2. (2) If an item is purchased via a payment method that cannot be accepted by the Company, such as by cash on delivery (COD);
  3. (3) If the Member refuses to accept the item(s);
  4. (4) If the Member fails to pay the fee for use of the Service;
  5. (5) If the Member breaches these Terms; or
  6. (6) If the Company otherwise determines an order to be inappropriate.

Article 17: Returns

Products made through this Service cannot be returned or cancelled after the production process is completed.

Article 18: Governing Law and Jurisdiction

  1. 1. These Terms and any individual agreements shall be governed by the laws of Japan.
  2. 2. The Kumamoto District Court shall be the exclusive court of first instance for any dispute arising in connection with these Terms or any individual agreements.

Article 19: Amendments to these Terms etc.

The Company reserves the right to amend these Terms without prior notice.

Revision History

  • Revised September 30, 2015
  • Revised July 9, 2015
  • Revised January 9, 2015
  • Revised December 16, 2014
  • Revised November 28, 2014
  • Revised October 24, 2014