Terms of Use
TERMS OF SERVICE
odd CIRKUS LLC (hereinafter referred to as "our company") has established the following terms (hereinafter referred to as "these Terms") that apply to the use of the online store (hereinafter referred to as "this service") provided on this website.
Article 1 (Application)
1. These Terms and Conditions apply to all Users (defined in Article 2; the same applies below) regarding the use of the Service.
2. In addition to these Terms, the Company may make various provisions regarding the Service, such as rules for use (hereinafter referred to as "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute part of these Terms.
3. In the event that the provisions of these Terms and Conditions conflict with the provisions of the Individual Provisions in the preceding paragraph, the provisions of the Individual Provisions shall take precedence, unless otherwise specified in the Individual Provisions.
Article 2 (Users)
In these Terms and Conditions, "User" refers collectively to anyone who searches, browses, or uses the content provided by our company through the Service, including images, text, designs, logos, videos, programs, ideas, information, etc. (collectively referred to as "Content").
Article 3 (User registration)
1. For this service, registration will be completed when the person wishing to register agrees to these terms and conditions, applies for registration in a manner specified by our company, and our company notifies the person wishing to register of its approval.
2. If the Company determines that any of the following apply to an applicant for user registration, the Company may not approve the application for user registration and shall not be obligated to disclose the reasons therefor.
(1) If false information is provided when applying for user registration. (2) If the application is from a person who has violated these Terms of Use. (3) If the Company otherwise determines that the user registration is inappropriate.
Article 4 (Management of User ID and Password)
1. Users shall manage their user IDs and passwords for this service at their own responsibility.
2. Under no circumstances may the user transfer or lend his/her user ID and password to a third party, or share them with a third party. If the combination of a user ID and password matches the registered information and is used to log in, the Company will consider that the user ID is being used by the user who registered it.
3. We shall not be liable for any damages caused by a third party using your user ID and password, except in cases where we are guilty of intentional or gross negligence.
Article 5 (Sales Contract)
1. In this service, a sales contract is established when a user makes a purchase application to our company and our company notifies the user that the application has been accepted. The ownership of the product is transferred to the user when our company delivers the product to the delivery company.
2. If a user falls under any of the following circumstances, our company may cancel the sales contract in the preceding paragraph without prior notice to the user.
(1) If the User violates these Terms and Conditions. (2) If delivery of the product cannot be completed due to an unknown addressee or an extended absence. (3) If we otherwise deem that the trust between the User and our company has been damaged. 3. Payment methods, delivery methods, methods for canceling purchase applications, and return methods for this service will be determined by the methods separately specified by our company.
Article 6 (Intellectual Property Rights)
1. The copyright and other intellectual property rights of the product photos and other content (hereinafter referred to as the "Content") provided by this Service belong to the legitimate rights holders, such as our company and the content providers, and users may not copy, reproduce, modify, or make any other secondary use of the Content without permission.
2. Regardless of the purpose, if any act prohibited by domestic and foreign copyright laws and other regulations, such as the unauthorized duplication, reproduction, or other unauthorized secondary use of our content, is discovered, our company may immediately take legal action.
3. If any dispute arises between the Company and a third party due to a User's violation of the provisions of this Article, the User shall resolve such dispute at his/her own responsibility and expense and shall not cause the Company any damage, loss or disadvantage, etc., and if the Company suffers any damage, loss or disadvantage, the User shall compensate for it.
Article 7 (Prohibitions)
When using this service, users are prohibited from engaging in the following acts.
1. Acts that violate laws, regulations, or public order and morals. 2. Acts related to criminal activities. 3. Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in this Service. 4. Acts that destroy or interfere with the functioning of our servers or network. 5. Acts that commercially use information obtained through this Service. 6. Acts that may interfere with the operation of our services. 7. Acts of unauthorized access or attempted unauthorized access. 8. Acts of collecting or accumulating personal information, etc. about other users. 9. Acts of impersonating other users. 10. Acts that directly or indirectly provide benefits to anti-social forces in relation to our services. 11. Any other acts that our Company deems inappropriate.
Article 8 (Suspension of provision of the Service, etc.)
1. If the Company determines that any of the following circumstances exist, it may suspend or interrupt the provision of all or part of the Service without prior notice to the User.
(1) When maintenance, inspection or updates are being performed on the computer system related to this Service. (2) When it becomes difficult to provide this Service due to force majeure such as earthquakes, lightning strikes, fires, power outages or natural disasters. (3) When computers or communication lines, etc. are stopped due to an accident. (4) When the Company otherwise determines that it is difficult to provide this Service. 2. The Company shall not be liable for any disadvantage or damage suffered by users or third parties due to the suspension or interruption of the provision of this Service, regardless of the reason.
Article 9 (Restrictions on Use and Cancellation of Registration)
1. If any of the following applies, we may restrict the User's use of all or part of the Service or cancel the User's registration without prior notice.
(1) If the User violates any of the provisions of these Terms and Conditions. (2) If it is discovered that there is a false fact in the registration information. (3) If the credit card provided by the User as a payment method is suspended. (4) If there is a default on payment obligations, such as fees. (5) If there is no response to contact from our company for a certain period of time. (6) If there is no use of the Service for a certain period of time since the last use. (7) If the Company otherwise determines that the use of the Service is inappropriate. 2. Our company shall not be liable for any damages caused to the User by any action taken by our company pursuant to this Article.
Article 10 (Withdrawal)
Users may cancel their membership to this service by following the designated cancellation procedure.
Article 11 (Disclaimer of Warranties and Disclaimers)
1. The Company does not guarantee that the Service is free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, etc., errors and bugs, infringement of rights, etc.).
2. The Company shall not be liable for any damages incurred by the User as a result of the Service. However, if the contract (including these Terms) between the Company and the User regarding the Service constitutes a consumer contract as defined by the Consumer Contract Act, this disclaimer shall not apply. Even in this case, the Company shall not be liable for any damages incurred by the User due to breach of contract or tort caused by the Company's negligence (except for gross negligence), including damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damages).
3. The Company shall not be liable for any transactions, communications, disputes, etc. that arise between users and other users or third parties in relation to the Service.
Article 12 (Changes to Service Content, etc.)
We reserve the right to change the content of this service or to discontinue providing this service without notifying the user, and shall not be liable for any damages incurred by the user as a result thereof.
Article 13 (Changes to Terms of Use)
Our company reserves the right to change these terms at any time without notifying users if it deems it necessary. If users start using the service after these terms have been changed, they will be deemed to have agreed to the changed terms.
Article 14 (Handling of Personal Information)
We will handle personal information obtained through the use of this service appropriately in accordance with our " Privacy Policy ."
Article 15 (Notice or Contact)
Any notice or communication between the user and our company shall be made in the manner specified by our company. Unless the user notifies us of any changes in accordance with the method separately specified by our company, our company will consider the currently registered contact information to be valid and will notify or contact the user via that contact information, and such notice or communication will be deemed to have reached the user at the time of sending.
Article 16 (Prohibition of Transfer of Rights and Obligations)
Users may not transfer or pledge as security to a third party their status under the Service Agreement or their rights or obligations under these Terms and Conditions without our prior written consent.
Article 17 (Governing Law and Jurisdiction)
1. The interpretation of these Terms shall be governed by the laws of Japan. Furthermore, the application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded with respect to the Service.
2. In the event of a dispute concerning the Service, the court having jurisdiction over the location of our head office shall be the court of exclusive jurisdiction.
Article 1 (Application)
1. These Terms and Conditions apply to all Users (defined in Article 2; the same applies below) regarding the use of the Service.
2. In addition to these Terms, the Company may make various provisions regarding the Service, such as rules for use (hereinafter referred to as "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute part of these Terms.
3. In the event that the provisions of these Terms and Conditions conflict with the provisions of the Individual Provisions in the preceding paragraph, the provisions of the Individual Provisions shall take precedence, unless otherwise specified in the Individual Provisions.
Article 2 (Users)
In these Terms and Conditions, "User" refers collectively to anyone who searches, browses, or uses the content provided by our company through the Service, including images, text, designs, logos, videos, programs, ideas, information, etc. (collectively referred to as "Content").
Article 3 (User registration)
1. For this service, registration will be completed when the person wishing to register agrees to these terms and conditions, applies for registration in a manner specified by our company, and our company notifies the person wishing to register of its approval.
2. If the Company determines that any of the following apply to an applicant for user registration, the Company may not approve the application for user registration and shall not be obligated to disclose the reasons therefor.
(1) If false information is provided when applying for user registration. (2) If the application is from a person who has violated these Terms of Use. (3) If the Company otherwise determines that the user registration is inappropriate.
Article 4 (Management of User ID and Password)
1. Users shall manage their user IDs and passwords for this service at their own responsibility.
2. Under no circumstances may the user transfer or lend his/her user ID and password to a third party, or share them with a third party. If the combination of a user ID and password matches the registered information and is used to log in, the Company will consider that the user ID is being used by the user who registered it.
3. We shall not be liable for any damages caused by a third party using your user ID and password, except in cases where we are guilty of intentional or gross negligence.
Article 5 (Sales Contract)
1. In this service, a sales contract is established when a user makes a purchase application to our company and our company notifies the user that the application has been accepted. The ownership of the product is transferred to the user when our company delivers the product to the delivery company.
2. If a user falls under any of the following circumstances, our company may cancel the sales contract in the preceding paragraph without prior notice to the user.
(1) If the User violates these Terms and Conditions. (2) If delivery of the product cannot be completed due to an unknown addressee or an extended absence. (3) If we otherwise deem that the trust between the User and our company has been damaged. 3. Payment methods, delivery methods, methods for canceling purchase applications, and return methods for this service will be determined by the methods separately specified by our company.
Article 6 (Intellectual Property Rights)
1. The copyright and other intellectual property rights of the product photos and other content (hereinafter referred to as the "Content") provided by this Service belong to the legitimate rights holders, such as our company and the content providers, and users may not copy, reproduce, modify, or make any other secondary use of the Content without permission.
2. Regardless of the purpose, if any act prohibited by domestic and foreign copyright laws and other regulations, such as the unauthorized duplication, reproduction, or other unauthorized secondary use of our content, is discovered, our company may immediately take legal action.
3. If any dispute arises between the Company and a third party due to a User's violation of the provisions of this Article, the User shall resolve such dispute at his/her own responsibility and expense and shall not cause the Company any damage, loss or disadvantage, etc., and if the Company suffers any damage, loss or disadvantage, the User shall compensate for it.
Article 7 (Prohibitions)
When using this service, users are prohibited from engaging in the following acts.
1. Acts that violate laws, regulations, or public order and morals. 2. Acts related to criminal activities. 3. Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in this Service. 4. Acts that destroy or interfere with the functioning of our servers or network. 5. Acts that commercially use information obtained through this Service. 6. Acts that may interfere with the operation of our services. 7. Acts of unauthorized access or attempted unauthorized access. 8. Acts of collecting or accumulating personal information, etc. about other users. 9. Acts of impersonating other users. 10. Acts that directly or indirectly provide benefits to anti-social forces in relation to our services. 11. Any other acts that our Company deems inappropriate.
Article 8 (Suspension of provision of the Service, etc.)
1. If the Company determines that any of the following circumstances exist, it may suspend or interrupt the provision of all or part of the Service without prior notice to the User.
(1) When maintenance, inspection or updates are being performed on the computer system related to this Service. (2) When it becomes difficult to provide this Service due to force majeure such as earthquakes, lightning strikes, fires, power outages or natural disasters. (3) When computers or communication lines, etc. are stopped due to an accident. (4) When the Company otherwise determines that it is difficult to provide this Service. 2. The Company shall not be liable for any disadvantage or damage suffered by users or third parties due to the suspension or interruption of the provision of this Service, regardless of the reason.
Article 9 (Restrictions on Use and Cancellation of Registration)
1. If any of the following applies, we may restrict the User's use of all or part of the Service or cancel the User's registration without prior notice.
(1) If the User violates any of the provisions of these Terms and Conditions. (2) If it is discovered that there is a false fact in the registration information. (3) If the credit card provided by the User as a payment method is suspended. (4) If there is a default on payment obligations, such as fees. (5) If there is no response to contact from our company for a certain period of time. (6) If there is no use of the Service for a certain period of time since the last use. (7) If the Company otherwise determines that the use of the Service is inappropriate. 2. Our company shall not be liable for any damages caused to the User by any action taken by our company pursuant to this Article.
Article 10 (Withdrawal)
Users may cancel their membership to this service by following the designated cancellation procedure.
Article 11 (Disclaimer of Warranties and Disclaimers)
1. The Company does not guarantee that the Service is free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, etc., errors and bugs, infringement of rights, etc.).
2. The Company shall not be liable for any damages incurred by the User as a result of the Service. However, if the contract (including these Terms) between the Company and the User regarding the Service constitutes a consumer contract as defined by the Consumer Contract Act, this disclaimer shall not apply. Even in this case, the Company shall not be liable for any damages incurred by the User due to breach of contract or tort caused by the Company's negligence (except for gross negligence), including damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damages).
3. The Company shall not be liable for any transactions, communications, disputes, etc. that arise between users and other users or third parties in relation to the Service.
Article 12 (Changes to Service Content, etc.)
We reserve the right to change the content of this service or to discontinue providing this service without notifying the user, and shall not be liable for any damages incurred by the user as a result thereof.
Article 13 (Changes to Terms of Use)
Our company reserves the right to change these terms at any time without notifying users if it deems it necessary. If users start using the service after these terms have been changed, they will be deemed to have agreed to the changed terms.
Article 14 (Handling of Personal Information)
We will handle personal information obtained through the use of this service appropriately in accordance with our " Privacy Policy ."
Article 15 (Notice or Contact)
Any notice or communication between the user and our company shall be made in the manner specified by our company. Unless the user notifies us of any changes in accordance with the method separately specified by our company, our company will consider the currently registered contact information to be valid and will notify or contact the user via that contact information, and such notice or communication will be deemed to have reached the user at the time of sending.
Article 16 (Prohibition of Transfer of Rights and Obligations)
Users may not transfer or pledge as security to a third party their status under the Service Agreement or their rights or obligations under these Terms and Conditions without our prior written consent.
Article 17 (Governing Law and Jurisdiction)
1. The interpretation of these Terms shall be governed by the laws of Japan. Furthermore, the application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded with respect to the Service.
2. In the event of a dispute concerning the Service, the court having jurisdiction over the location of our head office shall be the court of exclusive jurisdiction.