AKibaX Terms of Service

Article 1 (Application)

1. These Terms shall apply to all relationships between the User and the Company regarding the use of this Service.
2. The Company may establish various rules (hereinafter "Individual Provisions") regarding the use of this Service in addition to these Terms. These Individual Provisions shall constitute part of these Terms regardless of their names.
3. In the event of any conflict between these Terms and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specifically provided.

Article 2 (Registration for Use)

1. Registration for use shall be completed when an applicant agrees to these Terms, applies for registration by the method prescribed by the Company, and the Company notifies the applicant of its approval.
2. The Company may not approve the application for registration when it determines that the applicant falls under any of the following, and shall have no obligation to disclose the reasons:
   • When false matters were declared in the application for registration
   • When the application is from a person who has violated these Terms
   • When the Company otherwise determines that registration is not appropriate

Article 3 (Management of User ID and Password)

1. Users shall manage their User ID and password for this Service at their own responsibility.
2. Users shall not transfer, lend, or share their User ID and password with third parties under any circumstances. The Company shall deem any login using a User ID and password combination that matches the registered information as use by the User who registered that User ID.
3. The Company shall not be liable for any damages caused by the use of the User ID and password by a third party, unless the Company acted intentionally or with gross negligence.

Article 4 (Sales Contract)

1. A sales contract shall be established when a User applies for purchase to the Company and the Company notifies the User of its acceptance. The ownership of the product shall transfer to the User when the Company delivers the product to the delivery service.
2. The Company may cancel the sales contract of the preceding paragraph without prior notice to the User when the User falls under any of the following:
   • When the User violates these Terms
   • When delivery cannot be completed due to unknown address or long-term absence
   • When the Company determines that the trust relationship with the User has been impaired
3. Payment methods, delivery methods, cancellation methods, and return methods for this Service shall be as separately prescribed by the Company.

Article 5 (Intellectual Property Rights)

The copyright or other intellectual property rights of product photos and other content (hereinafter "Content") provided through this Service belong to the Company and legitimate rights holders such as content providers. Users may not reproduce, reprint, modify, or otherwise secondarily use these without permission.

Article 6 (Prohibited Acts)

Users shall not engage in the following acts when using this Service:

• Acts that violate laws or public order and morals
• Acts related to criminal acts
• Acts that infringe copyright, trademark rights, or other intellectual property rights contained in this Service
• Acts that destroy or interfere with the functions of the Company's servers or networks
• Acts that commercially use information obtained through this Service
• Acts that may interfere with the operation of the Company's service
• Acts of unauthorized access or attempts thereof
• Acts of collecting or accumulating personal information of other users
• Acts of impersonating other users
• Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company's service
• Other acts that the Company deems inappropriate

Article 7 (Suspension of Service)

1. The Company may suspend or interrupt all or part of this Service without prior notice to Users when it determines that any of the following applies:
   • When performing maintenance or updates of the computer system for this Service
   • When provision of this Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster
   • When computers or communication lines are stopped due to accidents
   • When the Company otherwise determines that provision of this Service is difficult
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 this Service, regardless of the reason.

Article 8 (Usage Restrictions and Registration Deletion)

1. The Company may restrict all or part of the use of this Service or delete the User's registration without prior notice when any of the following applies:
   • When any provision of these Terms is violated
   • When it is discovered that registered matters contain false facts
   • When the credit card registered by the User as a payment method is suspended
   • When there is non-performance of payment obligations
   • When there is no response to communications from the Company for a certain period
   • When this Service has not been used for a certain period since the last use
   • When the Company otherwise determines that use of this Service is not appropriate
2. The Company shall not be liable for any damages suffered by Users due to acts performed by the Company under this Article.

Article 9 (Withdrawal)

Users may withdraw from this Service through prescribed withdrawal procedures.

Article 10 (Disclaimer of Warranty and Liability)

1. The Company does not guarantee that this Service is free from factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, errors, bugs, or rights infringement).
2. The Company shall not be liable for any damages suffered by Users through this Service. However, if the contract between the Company and the User regarding this Service (including these Terms) constitutes a consumer contract under the Consumer Contract Act, this disclaimer shall not apply, but even in such case, the Company shall not be liable for special damages arising from special circumstances (including those that the Company or User could have foreseen) among damages suffered by Users due to non-performance or tort by the Company's negligence (excluding gross negligence).
3. The Company shall not be liable for any transactions, communications, or disputes between Users and other Users or third parties regarding this Service.

Article 11 (Changes to Service Content)

The Company may change the content of this Service or discontinue the provision of this Service without notice to Users, and shall not be liable for any damages suffered by Users as a result.

Article 12 (Changes to Terms)

The Company may change these Terms at any time without notice to Users when it deems necessary. If a User starts using this Service after the change to these Terms, the User shall be deemed to have agreed to the revised Terms.

Article 13 (Handling of Personal Information)

The Company shall properly handle personal information obtained through the use of this Service in accordance with the Company's "Privacy Policy".

Article 14 (Notice or Communication)

Notices or communications between Users and the Company shall be made by the method prescribed by the Company. Unless the User submits a change notification in the manner separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and shall send notices or communications to such contact information, which shall be deemed to have reached the User at the time of sending.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not assign or provide as collateral their position under the usage contract or their rights or obligations under these Terms to third parties without the prior written consent of the Company.

Article 16 (Governing Law and Jurisdiction)

1. These Terms shall be governed by Japanese law. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded with respect to this Service.
2. In the event of any dispute regarding this Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed jurisdiction court.