Article 1 Scope of Application
1. PIGMENT USER AGREEMENT (the “Agreement” hereinafter) shall be applicable to all users who use “PIGMENT” (the “Site” hereinafter) operated by Warehouse TERADA (the “Company” hereinafter), and the users are deemed to use the Site subject to consent to this Agreement.
2. If there are notes and instructions presented by the Company on the Site (the “Notes” hereinafter), such Notes shall comprise a part of this Agreement.
3. The Company deems the users to have consented to this Agreement by using the Site.
4. If part of the provisions of this Agreement and/or other user agreements, etc. (including guidelines; the same shall apply hereinafter) is deemed invalid under laws and regulations, other provisions of the Agreement and/or other user agreements, etc. shall remain valid.
5. If part of this Agreement and/or other user agreements is deemed invalid or canceled in relation to a user, this Agreement and other user agreements shall remain valid in relation to other users.
Article 2 Revisions
1. The Company may revise this Agreement and guidelines, etc. without prior approval by the users. In such case, the revised Agreement and guidelines, etc. shall become applicable from the time they are posted on this Site; provided, however, if the Company provides otherwise, such provision shall be applicable.
2. Users shall agree in advance that they will accept revised Agreement and guidelines, etc. if the Agreement and guidelines, etc. are revised in accordance with the preceding Paragraph.
Article 3 Copyrights
1. Users agree with respect to all contents provided through this Site that they may not use them beyond the scope of personal use by the user as defined in the Copyright Act without prior consent by the Company.
2. In case a dispute arises as a result of breach of provisions of this Agreement, Users shall resolve such disputes at their own expense and responsibility, and shall not cause any damages to the Company and third parties.
Article 4 Preparation of User Environment
1. To use this Site, users shall prepare communications equipment, software, and public lines, etc. (the “Communications Equipment” hereinafter) at their own responsibility and expense.
2. Users shall maintain and manage Communications Equipment at their own responsibility to prevent hindrance to the use of this Site. In addition, users shall, for using this Site, manage and pay various expenses arising with the telecommunications carriers related to accessing this Site at their own responsibility.
Article 5 Prohibited Acts for Users
1. Users are prohibited from engaging in the following matters in relation to the use of this Site:
(1) Act of using the services provided by the Company on this Site for unlawful purposes;
(2) Act that infringes on the copyrights, likeness, and/or other intellectual property rights of other users and/or third parties;
(3) Act of discrimination, slander and defamation, or threats against; or infringes on the privacy and/or human rights of, other users and/or third parties;
(4) Political activities, election campaigns, or religious activities;
(5) Acts that defames, or damages the creditworthiness or trustworthiness of the Company;
(6) Acts that impede the operation of this Site;
(7) Acts of use for commercial purposes (except where approved by the Company);
(8) Other acts that violate or is likely to violate laws, regulations, and/or public order and good moral; and
(9) Other acts deemed unsuitable or inappropriate by the Company.
2. In case the Company or a third party incurs damages due to acts listed above, the user is to be held liable for all legal liabilities, and hold the Company and third parties harmless.
3. The Company may suspend the use of this Site without prior notice if it reasonably deems the user to have engaged in acts listed in the preceding two Paragraphs. In such case, the Company shall not be held liable if such suspension causes disadvantages or damages to the user.
4. In case the Company incurs damages from acts of a user, the Company may claim damages against such user regardless of whether the Company has taken measures prescribed in the preceding Paragraph.
Article 6 Temporary Interruption, Suspension, Changes, and Termination of the Site
1. The Company may, if an event falling under any of the following items occurs, temporarily suspend provision of all or part of this Service without advance notice to the users:
(1) When conducting periodic or emergency maintenance, etc. of the equipment for the Service;
(2) When taking measures against failures of equipment for the Service;
(3) When the Company determines that the Service cannot be provided due to earthquake, fire, volcanic eruption, tsunami, flood, other natural disasters such as damage caused by wind or flood, power outage, war, uprising, riot, terrorist acts, labor dispute, demonstration, or other acts of third parties; or
(4) In addition to the above items, when the Company determines that the temporary suspension of the Service is necessary for the operational or technical reasons regarding the Service.
2. The Company may, if it deems necessary, terminate all or part of the Service without advance notice to the users.
3. The Company may, at its discretion, change all or part of the Service at any time.
4. The Company shall not be held liable in any way if temporary interruption, suspension, change, or the termination of the Service due to each of the preceding Items cause any damages or disadvantages to the users.
Article 7 Treatment of Personal Information
1. Treatment of personal information regarding the users obtained by the Company (“Personal Information” hereinafter) shall be in accordance with the Company’s “Personal Information Rules” and “Security Policy” (“Personal Information Protection Policy” hereinafter).
2. Users shall consent in advance to the contents prescribed by the Company in the Personal Information Protection Policy in the preceding Paragraph.
Article 8 Intellectual Property
1. Property rights regarding the Site’s contents, program, and information, etc. belong to the Company or the third party who authorized their use by the Company. All software used by the Company for the Site and in relation to the Site includes property rights and business secrets protected by the laws and regulations, etc. pertaining to intellectual property rights.
2. Users shall acknowledge that rights to information posted on the site, such as texts, images, and other data, belong to the Company, other users, and/or other third parties with due rights, and that the use of this Site does not entail transfer of copyrights.
Article 9 Oath to Eliminate Antisocial Forces
1. The Company and users represents that they are not an organized crime group, member of an organized crime group, associate of an organized crime group, associate corporation of organized crime group, corporate racketeers, blackguards claiming itself as social activists, or special intellectual crime groups, etc. or equivalent of such (collectively referred to as “Organized Crime Group Members” hereinafter), and that none of the following Items are applicable to them, at present and in the future:
(1) Have a relationship where Organized Crime Group member is deemed to control operation;
(2) Have a relationship where Organized Crime Group Member is deemed to be substantially engaged in its operation;
(3) Have a relationship that is deemed to wrongfully use Organized Crime Group Members for the wrongful interest of such individual, company, or third party, or for the purpose of damaging a third party;
(4) Have a relationship that is deemed to provide funds, etc., or is involved in providing accommodation, etc. to Organized Crime Group Members; or
(5) An officer or a person who is substantially engaged in its operation has a relationship that should be socially criticized with Organized Crime Group Members.
2. The Company and the users promise not to engage in acts falling under any of the following Items itself or through a third party:
(1) Act of violent demand:
(2) Act of inappropriate demand beyond legal obligations;
(3) Act of using threatening speech and behavior or violence in relation to a transaction;
(4) Act of impairing the other Party’s credibility or interrupting the other Party's business by spreading rumors, using fraudulent measures or force;
(5) Acts equivalent to those in the preceding items.
3. The Company and the users may terminate any and all contracts based on this Agreement without notice if the other party is found to be an Organized Crime Group Member or fall under any of the Items in the preceding two Paragraphs, and such other party shall not make any objections. In such case, the party breaching the representation shall forfeit the benefit of time and shall immediately repay its obligations towards the other party.
Article 10 Purchasing
1. Users may purchase merchandise (“Merchandise” hereinafter) using this Site.
2. In the case users wish to purchase Merchandise, users shall make an application in accordance with the method designated by the Company, and send accurate data in relation to the contents of the application (“Application Information” hereinafter).
3. In case of an error in the Application Information, the Company shall not respond to any requests by the user other than return of Merchandise as prescribed under "Merchandise,” unless such error is attributable to the Company.
4. In relation to the purchase of the Merchandise, the sales agreement on the Merchandise pertaining to such application is deemed to have been concluded between the Company and the user upon display of the screen of the Site indicating completion of the order.
5. The user shall make lump-sum payment using the payment method designated by the Company for the payment of the sale amount and consumption tax, etc. arising in conjunction with the purchase of the Merchandise, unless otherwise provided or with consent by the Company.
6. In case transaction cannot be settled due to the expiry of the user's credit card or other circumstances, the user shall immediately pay the unpaid sale amount in accordance with the method designated by the Company.
Article 11 Return of Purchased Merchandise
1. If either of the following conditions in this Paragraph is met, users may return the purchased Merchandise only by notifying the Company using the designated method within eight days from the purchase of such Merchandise:
(1) If the photograph presenting the Merchandise on the Site and the purchased Merchandise differ significantly; or
(2) In case damages are caused in transport, or in case of faulty Merchandise.
2. In case the user returns Merchandise falling under the preceding Paragraph to an address designated by the Company, the Company shall promptly make a refund to the user.
Article 12 Shipping of Purchased Merchandise
1. The Company shall, in the case the user purchases Merchandise on this Site, ship to the address designated by the user using the transport operator designated by the Company at the cost of the user.
2. Merchandise shall be received on the designated delivery date (within three weeks from shipment if outside of Japan). If the delivery cannot be made due to reasons of the user, the purchase shall be treated as canceled, and the Company may claim payment of shipping and other expenses in relation to such cancellation against the user.
3. The Company may, when shipping the Merchandise under the provisions of this Article, provide information concerning the user necessary for the shipping of the Merchandise to the transport operator, and the user shall agree to this in advance.
Article 13 Compensation
1. In case the Merchandise causes injury or accident to the user, the Company shall compensate the user up to the amount of purchase price of the Merchandise; provided, however, above may not be applicable if the user is a “consumer” as defined in the Consumer Contract Act, and such injury (or accident) is attributable to willful act or gross negligence by the Company.
Article 14 Damages
1. Users shall agree to resolve any and all complaints or claims for damages, etc. received from a third party in relation to the use of this Site at their own responsibility and expenses.
2. In case the Company incurs damages caused by breach of the Agreement and/or guidelines, etc., or by unauthorized use of the Site by a user, the Company may claim for damages against such user.
3. In case a third party makes complaints or claim damages, etc. against the Company in relation to the use of this Site by a user, the Company may claim any and all expenses (including attorney’s fees) required in relation to such complaints and claims, etc. against such user.
Article 15 Notices
1. Any notice by the Company to users shall be made by making information regarding such notice available for viewing by the users through following methods:
(1) Sending an e-mail containing such information to the e-mail address that the user registered with the Company;
(2) Sending a document containing such information by mail to the address that the user registered with the Company; or
(3) Posting such information on the Site related to the Service.
2. In case the Company notifies the user by sending an e-mail to the e-mail address registered by the user, such notice shall be deemed to have reached the user immediately.
3. In case the Company notifies the user by sending a document to the address registered by the user, such notice shall be deemed to have reached the user at the time such mail should normally reach the user.
4. In case the Company notifies the user by posting on the Site, such notice shall be deemed to have reached the user at the time such information is posted on the Site.
5. Users shall periodically view this Site.
Article 16 Disclaimer
1. The Company will not be held liable in any way for slower loading speed or troubles, etc. caused by excessive traffic or other unforeseen factors.
2. The Company shall not make any guarantee on performance of Communication Equipment used by the user in relation to the use of this Site, and will not be held liable for any compensation of damages incurred by a user or third party in relation to Communication Equipment.
3. The Company shall not be held liable in any way for damages incurred by a user or third party by use of user verification information by a third party, even where the user has not been negligent.
Article 17 Governing Law and Jurisdiction
1. This Agreement shall be governed by the law of Japan, and Tokyo District Court or Tokyo Summary Court shall be the agreed exclusive court of first instance for any dispute concerning this Agreement.
Article 18 Language
1. The governing language of this Agreement is Japanese, and this English translation is for reference only.
Article 19 About United Nations Convention on Contracts for the International Sale of Goods
1. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
Established and effective as of Nobember 20th, 2017