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"Rikako Kagawa Gallery" (hereinafter referred to as "the Services") is an Internet sales service operated by me, Rikako Kagawa. This service is available to all customers who wish to use this website (hereinafter referred to as "User" or "Users").​

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TERMS OF USE

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APPLICABILITY

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  • Users using the Services offered on this website must abide by the Terms of Use. Those using the website are deemed to have agreed on the terms as written here.

  • Any rules for use of the Services posted on my website shall constitute an integral part of these Terms of Use.

  • If there is any conflict between these Terms of Use and the Rules or any other description of the Services not provided for herein, these Terms of Use shall prevail.

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SALES CONTRACT

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  • In the Services, a User applies for the purchase to me, and a sales contract is established by notifying from me to that User that having consented to the application concerned for this. Furthermore, the proprietary rights of the product shall concerned move to the User when I hand over the product to a delivery supplier.

  • I assume that it's possible to release a sales contract of the preceding clause without my notifying the User concerned beforehand when the User comes under the following one of reasons:

  • ​If the User violates any of provisions hereof,

  • If delivery does not complete due to unknown destination or long-term absence,

  • In other cases, if I believe that the relationship of mutual trust between I and the User have been impaired.

  • About the settlement method, delivery method, cancellation method for purchase application, or return method, etc. regarding the Services is according to the method that determined separately by me.

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INTELLECTUAL PROPERTY RIGHTS

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  • “Intellectual Property Rights” shall mean copyrights, patents, utility rights, design rights trademarks, and any other intellectual property rights (including rights to file for the registration of such rights.). Copyrights and other Intellectual Property Rights of product photos and other content (hereinafter referred to as "content") provided by this service belong to the legitimate right holder such as the Company and contents providers, and the Users may not copy, reprint, alter, or otherwise use them without permission.

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PROHIBITED ACTIONS

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  • When using the Services, the Users may not conduct in the following acts or any act that JUCIHI-SYA determines falls under any of the following that:

  • Acts that violate provisions hereof and this Terms of Use,

  • Acts that violate any law or public order and good morals,

  • Acts related to criminal act,

  • Acts that infringe any copyrights, trademark rights, portrait rights, privacy rights, Intellectual Property Rights, reputation or other rights or profit of me or other third parties included in the Services,

  • Any acts that place an excessive burden, destroys or interferes with the functions the servers or networks used by me (including but not limited to hacking, etc.) , 

  • Acts to use informations obtained by the Services commercially,

  • Acts that threaten to interrupt the operation of the Services,

  • Acts to access or attempt to access the system, network, etc. of the Services improperly,

  • Acts collecting or storing personal information about other users of the Services,

  • Acts to impersonate a third party, or registering information that contains false or misleading content,

  • Acts that directly or indirectly provide profit to Antisocial Forces in connection with the Services,

  • Other acts that I deems to be inappropriate.

  • When I find out the corresponding action for the User, I will take measures that I deem necessary. I shall, in no event, be liable for damages incurred by the User arising out of such measures taken by me. Furthermore, if I suffers damages, the User who violates the prohibited matter is obliged to compensate for it.

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SUSPENSION OF THE SERVICES

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  • I shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:

  • Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;

  • The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or

  • Computers or communication lines have been disrupted due to an accident;

  • The Company determines that suspension or discontinuance is required for other reasons.

  • Excluding cases of malice or gross neglect on the part of the Company, and excluding cases where the User qualifies as a Consumer as defined under the Consumer Contract Act, the Company shall not be liable for any damages incurred by the User arising out of any actions taken by the Company pursuant to this Article. 

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REGISTRATION CANCELLATION

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  • I may provisionally suspend use by the User of the Services, cancel the registered User’s registration as such or terminate the Service agreement, in the event of any of the following without prior notice or demand.

  • If the User violate for any of provisions hereof.

  • If it turns out that there is a false in any of the registration Information.

  • If the credit card that the User has reported as a means of payment is suspension of use.

  • If there was a default for payment obligations such as fees.

  • If there is no reply in a fixed period to the contact from me.

  • If this Services has not been used for a certain period since the User last use.

  • If I determine that it is inappropriate for the User use the Services.

  • If I otherwise determines that it is inappropriate for the User use the Services.

  • I shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by me pursuant to this Article.

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DISCLAIMER AND WAIVER OF WARRANTIES

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  • I do not guarantee that this Services have no actual or legal inaccuracies (including but not limited to any representation that safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, security flaws, errors or bugs, infringement of rights etc). In addition, I do not take any responsibility for damage or problems that occur in using the information. However, if there is an obvious mistake in the information listed, or if you believe that the user's trust is undermined, I will promptly correct or delete it, so please contact me from "Contact" page.

  • I do not take any liability for any damages caused to the Users by using this Services. However, this disclaimer does not apply if the contract (including this Terms of Use) between I and users regarding this service is a consumer contract specified in the Consumer Contract Act. But even in this case I do not take any liability for the damage caused by special circumstances (including cases where I or the user foresees or was able to foresee the occurrence of the damage), among the damages caused to the user by default or tort due to my negligence (excluding serious negligence) .

  • Under no circumstances shall I be liable for any damages incurred for system interruptions, delays, cancellations, loss of data, damage caused by unauthorized access, damage to users by a failure such as communication line or computer, or otherwise damages incurred by the User in connection with my services. 

  • JUCIHI-SYA shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or a third party in connection with the Services or the Website.

  • I do not take any liability for any damages caused to Users due to natural disasters, disasters, or external factors or events that I can not prevent.

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SERVICES MODIFICATION AND TERMINATION

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  • I shall be entitled to at any time modify Service content or terminate the provision of Services in its own discretion. I shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by my pursuant to this.

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AMENDMENTS

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  • I reserve the right to amend or change the Terms of Use any time at its own discretion. Unless my declare otherwise, the amended or changed Terms of Use will be effective from the time displayed on the new Terms of Use. If the User uses the Service after the point that the new Terms of Use have come into operation, the User shall be deemed to have agreed to such amend or change to these Terms of Use.

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TREATMENT OF USER INFORMATION

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  • Treatment by me of the User’s information shall be subject to the provisions of my Privacy Policy, which are separately prescribed, and the User hereby agrees to treatment by me of the User’s information subject to such Privacy Policy.

  • I will obtain the following information about the User of the services:

  • Name

  • E-mail address

  • Address

  • Phone number

  • ​Other information entered by the user into such form as specified by me

  • Other information such as IP Address, cookies, and the User environment data may be taken automatically from the User's browser and stored by the server.

  • In principle, I will not disclose information registered by the User to any third party but said information may be disclosed to subcontracts to the minimum extent required for the consignment of Service operations.

  • I may, in its sole discretion, use or make public any information or data provided by the User to me as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.

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NOTICES

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  • Any inquiries with respect to the Services or other communications or notices from the User to me, or other communications or notices from I to the User shall be made in accordance with the procedures specified by me.

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ASSIGNMENT

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  • The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under the Terms of Use without the prior written consent of mine.

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GOVERNING LAW AND JURISDICTION

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  • This Terms of Use shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.

  • Any and all dispute arising out of or in connection with this Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the First instance.

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