This usage agreement (hereinafter referred to as “the Agreement”) sets forth usage conditions for the online shop provided on this website (hereinafter referred to “the Service”) by Lyrique Co., Ltd. (hereinafter referred to as “the Company”). All registered users (hereinafter referred to as “Users”) may use the Service in accordance with the Agreement.
Article 1 (Application)
- The Agreement shall be applied to all relationships associated with the use of the Service between Users and the Company.
- The Company may set forth various provisions including other types of usage rules (hereinafter referred to as “the Individual Regulations”) in relation to the Service in addition to the Agreement. Regardless of the naming of these Individual Regulations they shall be a constituent part of the Agreement.
- In the event the Individual Regulations of the previous item contradict the provisions of the Agreement, the provisions of the Individual Regulations shall prevail unless otherwise provided in the Individual Regulations.
Article 2 (Usage Registration)
- Those wishing to register for the Service will upon agreeing to the Agreement submit a usage registration application using the method set forth by the Company, and usage registration shall be completed through notifications of the Company’s approval of this to those wishing to register.
- The Company may not approve of a usage registration application in the event it determines that any of the following cases applies to the applicant, and shall bear no responsibility whatsoever for the disclosure of those cases.
- Cases in which the applicant submits the application that contains false information
- Cases in which the applicant has violated the Agreement
- Other cases in which the applicant is determined to be unsuitable for usage registration by the Company
Article 3 (Management of the User ID and Password)
- Users shall be personally responsible for the management of their User IDs and passwords for the Service.
- Users are prohibited in all circumstances from transferring or loaning their User IDs and passwords to third parties, and also from sharing these with third parties. In the event a login occurs in which the combination of User ID and password matches that of the registered information, the Company will consider it to be usage performed personally by the User who registered that User ID.
- The Company shall bear no responsibility whatsoever for losses incurred by third party usage of User IDs and passwords, unless there is intent or gross negligence on the part of the Company.
Article 4 (Sales Contract)
- Within the Service, the sales contract shall be established when a User makes a purchase request to the Company and the Company provides notification to the effect that the relevant request has been approved. Furthermore, ownership of the product in question shall transfer to the User at the time it is handed over to the delivery company.
- In any of the following cases associated with a User, the Company shall be allowed to cancel the sales contract of the preceding item with no prior notification given to the relevant User.
- Cases in which the User has violated the Agreement
- Cases in which product delivery is not completed due to the shipping address being unknown or long-term absence
- Other cases in which it is recognized that the trust relationship between the Company and the User has been lost
- Payment, delivery, purchase request cancellation, product return, etc., related to the Service shall be performed through methods set forth by the Company.
Article 5 (Intellectual Property Rights)
The copyrights and other intellectual ownership rights to product photographs and other contents provided through the Service (hereinafter referred to as “the Contents”) belong to the Company, the provider of the Contents, or other legitimate rights holders. Users are forbidden from reproducing, reprinting, altering, or performing other secondary usages of these without permission.
Article 6 (Prohibited Actions)
Users shall be prohibited from performing the following actions when using the Service.
- Actions that violate the law or public policy
- Actions related to criminal acts
- Actions that infringe upon the copyrights, trademarks or other intellectual property rights included in the Service
- Actions that damage or impair the Company’s server or network functionality
- Actions in which information acquired through the Service is utilized commercially
- Actions that might impair the operation of the Company’s Service
- Actions in which unauthorized access is made, or an attempt to do such is made
- Actions in which personal information, etc., related to other Users is collected or accumulated
- Actions in which a User impersonates another User
- Actions that grant direct or indirect benefit to anti-social forces in relation to the Company’s Service
- Other actions determined to be inappropriate by the Company.
Article 7 (Termination, etc. of Provision of the Service)
- In the event the Company determines that any of the following causes is present, the Company shall be allowed to terminate or interrupt provision of the Service in full or in part without prior notification to the Users.
- Cases in which maintenance inspections or updates are to be conducted on the computer system of the Service
- Cases in which provision of the Service becomes difficult due to earthquakes, lightning strikes, fires, power outages, natural disasters or other forces beyond human control
- Cases in which an accident results in the shutdown of computers, communication lines, etc.
- Other cases in which the Company determines provision of the Service to be difficult.
- The Company shall bear no responsibility whatsoever, regardless of reason, for detriments or losses borne by Users or third parties resulting from the termination or interruption of provision of the Service.
Article 8 (Usage Restrictions and Erasure of Registration)
- In any of the following cases, the Company shall be allowed without prior notification to limit the use of the Service by Users in whole or in part, or erase their registration as Users.
- Cases in which a User has violated provisions of the Agreement
- Cases in which it is ascertained that the registered information contains false information
- Cases in which the usage of the credit card provided by the relevant User as a payment method has been terminated
- Cases in which there has been a nonfulfillment of fees or other payment liabilities
- Cases in which a User does not respond to communication from the Company over a fixed period of time
- Cases in which there has been no usage of the Service over a fixed period of time since the final use of the Service
- Other cases in which the Company determines the usage of the Service to be inappropriate
- The Company bears no responsibility whatsoever for losses incurred by the Users as a result of actions taken by the Company based on this Article.
Article 9 (Withdrawals)
Users shall be allowed to withdraw from the Service through the designated withdrawal procedures.
Article 10 (Denial of Guarantee and Disclaimer)
- The Company makes no guarantee there are no actual or legal defects in the Service (including any defeats affecting safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, and security, and errors, bugs, and infringements of rights).
- The Company bears no responsibility whatsoever for any type of loss borne by Users through the Service, except for cases in which contracts between the Company and a User in relation to the Service (including the Agreement) are applicable to consumer contracts as set forth by the Consumer Contract Act. Even in these cases, however, the Company bears no responsibility whatsoever for losses resulting from defaults or tortious acts due to the Company’s negligence (excepting gross negligence) and incurred by Users through special circumstances (including where the occurrence of loss is foreseen or could be foreseen by the Company or Users).
- The Company will bear no responsibility whatsoever for transactions, communication, disputes, etc., arising between Users and other Users or third parties in relation to the Service.
Article 11 (Alterations, etc. to Service Contents)
The Company shall be allowed to alter the contents of the Service or cease provision of the Service without notifying the Users, and will bear no responsibility whatsoever for losses borne by the Users as a result of this.
Article 12 (Usage Agreement Alterations)
The Company shall be allowed to alter the Agreement whenever it is deemed necessary without notifying the Users. In addition, relevant Users shall be considered to have agreed to the post-alteration Agreement in the event they commence usage of the Service after the alteration to the Agreement.
Article 13 (Handling of Personal Information)
The Company shall appropriately handle personal information acquired through the use of the Service in accordance with the Privacy Policy of the Company.
Article 14 (Notifications and Communication)
Notifications and communication between Users and the Company shall be conducted in a manner set forth by the Company. Unless a User notifies the Company of the change to the registered contact information in a manner set forth by the Company, it will be considered that the presently registered contact information is valid. Notifications and communication will be sent to that relevant contact information, and it will be considered that these will have reached the User upon transmission.
Article 15 (Prohibition of Transfer of Rights and Obligations)
Users are prohibited from transferring or encumbering their status in a usage contract or rights and obligations under the Agreement in favor of third parties without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
- The governing law for interpretations of the Agreement shall be the laws of Japan.
- In the event a dispute arises in relation to the Service, the exclusive agreement jurisdictional court shall be the court with jurisdiction over the location of the main office of the Company.