Terms of Service for Registered Users

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Terms of Use

Hirokawa Co., Ltd. and its affiliates (in the following collectively referred to as "the Company") stipulate the following terms of use ("Terms") for the main website of the Company, the favorist site for sales of novelty goods and all sites operated by the Company (in the following collectively referred to as "the Services"). By using the Services, users agree to the following provisions.
Article 1 - Content of the Services and application of the Terms
1. The content of the Services consists of providing users with information on products of the Company (such as product prices, stock levels, and sample purchases).
2. The Terms apply, with respect to the provision and the use of the Services, to the Company and the users defined in the following section.
Article 2 - Definition of users and registered users
1. "Users" means, irrespective of whether registration has been completed, business operators who have used the Services such as by viewing content.
2. "Registered users" means, with respect to users, business operators who have agreed to the Terms, applied for user registration pursuant to the prescribed procedures, and had their application approved by the Company, or business operators who have agreed to these regulations, applied for provisional user registration pursuant to the prescribed procedures, and after registration as provisional registered users and review by the Company have been enrolled as full registered users.
Article 3 - User registration
1. User registration other than for the favorist site
(1) Users who wish to register may register as provisional registered users in accordance with the method stipulated by the Company.
(2) After registration as a provisional registered user, the Company will conduct a review, and determine whether the provisional registered user can be registered as full registered user. Notably, depending on the result of the review, approval for registration as regular registered user may be withheld. The content of the registration application review will not be disclosed.
(3) If registration as full registered user is not approved, the ID and password issued at registration as provisional registered user will become invalid.
(4) Provisional registered users must observe the Terms when using the Services.
2. User registration for the favorist site
(1) Users who wish to register may register as registered users in accordance with the method stipulated by the Company.
(2) Applications for registration referred to in the previous Paragraph are approved by the Company by e-mail to the applicant.
(3) In any of the following cases, the Company may choose not to approve an application or revoke approval.  (a) It is found that the applicant has a disciplinary record such as revocation of a previous user registration due to breach of the Terms.
 (b) The application of the applicant includes misstatement.
 (c) Other reasons due to which the Company judges approval of registration to be inappropriate.
Article 4 - Use of the Services and change of the Services
1. Users shall use the Services in accordance with the Terms and in the ways stipulated separately hereof by the Company.
2. Some of the Services are not available to users who are not registered users or not registered users of the favorist site. Furthermore, a number of the Services are unavailable to users not residing in Japan.
3. The Company may without obtaining users' prior acknowledgment change the content of the Services or the information provided through the Services.
Article 5 - Notice of change in registration information
In case of a change in the information registered by registered users with the Company, registered users shall give timely notice to the Company in the manner stipulated by the Company separately hereof.
Article 6 - Password setting and password administration
1. Registered users shall set passwords themselves. The same ID and password can in instances be used by registered users for accessing multiple sites operated by the Company.
2. Registered users shall appreciate the importance of passwords used for the Services and assume responsibility for their password handling and administration.
3. Registered users may not transfer, loan, or disclose to a third party passwords used for the Services.
4. Registered users are liable for damages caused by insufficient password administration, erroneous use, or use by a third party, etc.
5. Registered users shall immediately inform the Company if unauthorized password use by a third party has been detected.
Article 7 - Mail magazine dissemination, etc.
Address and e-mail information, etc., obtained from users may in instances be used by the Company for the dissemination of the Company's web magazines and for direct mail, etc.
Article 8 - Prohibitions
The following acts by users are prohibited.
(1) Use of false information in the communication through the website or in applications to the Company
(2) Obstruction of operations of the Services and other acts that may interfere with the Services
(3) Use of the Services involving unauthorized credit card use, etc.
(4) Unauthorized use of e-mail addresses and passwords
(5) Acts that cause, or may cause, annoyance, disadvantage, or loss to other users, third parties, or the Company
(6) Acts that infringe, or may infringe, on intellectual property rights including copyrights of other users, third parties, or the Company, or infringe, or may infringe, on the right to privacy or personal rights, or such other rights
(7) Acts that breach, or may breach public order and morals, or laws and regulations
(8) Other acts judged improper by the Company
Article 9 - Termination of use of the Services and revocation of user registration
If any of the following conditions applies to a user, the Company may without giving advance notice to that user, terminate the use of the Services by the user or revoke the user's registration.
(1) A previous breach of the Terms by the user is detected
(2) Delinquency on payment obligations, including charges related to the Services, or such other default on obligations
(3) Acts pursuant to Article 8 (Prohibitions)
(4) Other breach of the Terms
(5) Judgment by the Company as inappropriate as a user
Article 10 - Copyrights
1. The Company retains title to the copyrights relating to any and all content provided through the Services.
2. Users may not without the permission of the Company use any content provided through the Services, outside the scope of limiting copyright provisions such as copying by individuals for personal use, etc., permitted under copyright law.
3. Issues, if any, that arise in connection with users' breach of the provisions of this Article must be resolved by users at their own responsibility and cost without causing any inconvenience or damages to the Company.
Article 11 - Product purchases
1. Users are able to purchase through the Services products and services from the Company site ("Products, etc.").
2. Users who wish to buy Products, etc., can apply for purchases in the manner stipulated by the Company. In their purchase applications users must use truthful and accurate information.
3. Upon receipt of a purchase application referred to in the previous Paragraph, if accepted, the Company will send an e-mail of acceptance to the e-mail address stated on users' application or e-mail. Users must check this acceptance e-mail for correctness.
4. With the dispatch of the acceptance mail referred to in the previous Paragraph from the Company to the user, a sale and purchase agreement for the subject Products, etc., is concluded between the user and between the Company and its affiliates.
5. Irrespective of the provisions of the previous Paragraph, in case of dishonest or improper conduct of a user, or if circumstances are discovered that put a user's ability to pay into doubt, the Company may void or terminate the sale and purchase agreement, or terminate the performance thereof, or take such other appropriate steps.
Article 12 - Payment methods
Payment methods for purchase prices of Products, etc., are stipulated separately hereof.
Article 13 - Order cancellation or change of order content
1. Users may cancel or change the content of an order only if the product is defective or if the wrong product was delivered and only until the date stipulated by the Company.
2. Notices of cancellation or change of order content must be made in the manner stipulated, including by e-mail or telephone, and become final and binding upon acceptance by the Company.
Article 14 - Preconditions for product returns
1. Returns due to the circumstances of the user are not accepted.
2. If a user seeks to return a product because it is defective or malfunctioning, a refund will be made if the return is approved by the Company pursuant to consultations between the user and the Company. In such a case, freight charges and handling commissions, etc., related to the return will be paid by the Company.
3. Notices must be made in the manner stipulated, including by e-mail or telephone, and become final and binding upon acceptance by the Company.
Article 15 - Discharge from responsibility for the Products, etc.
1. If the destination of the product shipment is unclear or a recipient to take delivery of the shipment is not present, attempts will be made to contact the user in accordance with the contact details registered by the user. However, with the shipment to the destination indicated at the time of purchase the Company is discharged from its responsibility.
2. If a product ordered by a user, owing to procurement constraints due to market conditions, etc., is out of stock and has become unobtainable, if, and only if, the purchase price has already been paid, by making a full refund of the product purchase price the Company is discharged from its responsibility. In this case, the money transfer charges are paid by the Company.
3. Although the Company issues instructions to the effect that product explanations and declarations for the Services be as accurate as possible, the Company offers no warranty that product information is accurate, complete, current, and otherwise free of error. In case declarations differ from the actual state, the actual state takes precedence.
Article 16 - Maintenance and suspension of the Services
In order to maintain the Services in proper operating condition, the Company may in the cases listed below, without advance notice to users, suspend in part or in total the provision of the Services.
(1) Scheduled system maintenance and maintenance in case of an emergency
(2) Disruption of system operations such as due to outbreak of fire, electric power outage, or third-party interference
(3) Other cases where in the judgment of the Company unavoidable reasons necessitate system suspension
Article 17 - Other exemptions from responsibility
1. The Company incurs no liability whatsoever for any damages that may arise to users from the unavailability of the Services due to the reasons referred to in the previous Article or other reasons.
2. The Company is with respect to any disadvantage, etc., sustained by users discharged from its responsibility by virtue of performance of its business procedures in accordance with the content of users' applications to the Company.
3. In case of a change of password by a registered user, the Company is discharged from its responsibility by virtue of performance of personal identification in accordance with the methods stipulated by the Company.
4. Users who by their use of the Services cause damages, etc., to other users or third parties, shall resolve the matter at their own responsibility and cost, and may not give rise to inconvenience of any kind to the Company.
5. The Company strives to respond to inquiries from users as expediently as possible. However, depending on the content of the inquiry, an answer may not be possible. In such a case, the Company incurs no liability from not issuing a response.
Article 18 - Agreed jurisdiction and other matters
1. If in connection with the use of the Services an issue arises that is incapable of resolution pursuant to the Terms, the Company and the user shall resolve the matter pursuant to a mutual exchange of views to be held in good faith.
2. If litigation becomes necessary in connection with the use of the Services, the agreed court of exclusive jurisdiction is the court having jurisdiction at the location of the Company.
3. The use of the Services is governed by the laws of Japan.
4. Users who due to their default on payment of the transaction price or other breach of the Terms incur an indemnification liability to the Company shall bear attorney's fees pursuant to the former Regulations on Attorneys' Fees in case the Company retains an attorney for the collection of its indemnification claim.