"Kyoto" Power & Fortune Dragon Terms of Use – OMAMORI "Kyoto" Power & Fortune Dragon

[Answers to prayers: Development, economic fortune, prosperity in business, protection against evil spirits, health, safety, good match, and harmonious relations] [Purpose: Home, company, congratulatory gift, gift, personal use]

Terms of Use

Article 1 (General Provisions)

This Terms of Use (hereinafter referred to as "TOU") establishes the terms and conditions of service described in Article 3 (hereinafter referred to as "this service"), provided by Katarogu Jigyo Sogo Kenkyusho Inc. (hereinafter referred to as "the Company") through New Omamori “yu-zu-san." The use of the service is based on the premise that you have read this agreement carefully and accepted the contents.

Article 2 (Definitions)

    The definitions of the terms described in this TOU are as follows.

  1. "User" refers to the individual who is permitted to use the service of the Company after having agreed to this Agreement.
  2. "E-mail address" means the character string entered by the user in the relevant column on the application form when applying for this service.
  3. "Password" means the character string entered in the relevant column on the application form when applying for this service, or the character string changed by the password change function on this service by user’s operation.
  4. The "Shin Omamori" refers to the set of characters and images that have been stored and edited using this service and its edited data or printed material.
  5. "Data" means all information necessary for using this service.
  6. "Merchandise" refers to the printed material, which is manufactured by using this service.
  7. “Product" refers to the print data that has been created for the purpose of commercialization and use of this service.
  8. "Official website" means the website published by the Company for the purpose of providing this service and customer service, etc.

Article 3 (Contents of this service)

  1. Users can use the functions of this service for the purpose of ordering Merchandise using images, etc. In addition, users shall declare and guarantee to the Company that their images etc. do not infringe the rights of a third party.
  2. Equipment required to use the Service in the preceding paragraph (a personal computer, smart phone, etc.), software (OS, applications, browser, etc.), and the Internet connection environment shall be prepared by the user.
  3. The Company may change the contents of this service without obtaining the user's consent due to the following reasons. When using this service after its contents change, it is assumed that the user has agreed with the contents after change. Even if loss to the user occurs due to the use of the changed service, the Company will not compensate anything unless it is based on our intentions or gross negligence.
    1. (1)When the Company determines as necessary for the stable services provision.
    2. (2)When the Company determines that it improves the user convenience.
    3. (3)When there is a socially legitimate reason.
  4. The applicable range of this service shall be limited to the range that the shipping address of the Merchandise can be specified by this service.

Article 4 (About the Merchandise)

  1. Merchandise specifications are restricted to the specifications set by the Company and any other requests cannot be accepted.
  2. On the Merchandise there may be some letters or images printed, such as the Service name and the bar codes for appropriate quality control.
  3. Merchandise ordered by users will be delivered to the registered address by the delivery agent and method specified by the Company, using the delivery period stated for the item based on the Act on Specified Commercial Transactions as a guide. In the case of non-delivery, we do not accept any responsibility when it is shipped to the registered address, and we are not responsible for the cause of non-delivery.
  4. Merchandise cannot be sold for commercial purposes without consent of the Company.

Article 5 (Quality, exchange, return, storage and disposal of Merchandise)

  1. The finished quality of the Merchandise depends on the quality of the image uploaded by the user. In addition, the quality may differ from the output result on the user's monitor or on the printer. We do not accept any responsibility even if the finished quality expected by the user and the actual finished quality is different.
  2. Once the order has been confirmed, it is not possible to return, exchange, or cancel because all Merchandise is made-to-order manufacturing. However, when there is an obvious defect in the Merchandise, or when the user received the Merchandise different from that purchased, the Company shall exchange the Merchandise. In that case, the user shall contact the Company through the “Contact Us” page of the service inquiry form) within one week from the delivery date. The shipping cost due to the exchange will be covered by the Company. When the data in the server cannot be used because of the expiry of the data retention period, etc., it may not be able to exchange the Merchandise.
  3. If the Merchandise is returned due to incorrect input information by the user, the user can perform a re-delivery procedure specified by us. When performing the procedure of re-delivery, the user shall enter the correct information, and pay costs associated with the re-delivery separately.
  4. In addition to the preceding paragraph, when it is not possible to deliver the Merchandise by reasons of which the Company is not responsible for, we shall store the goods for 30 days, if there is no delivery request from the user during this period, it shall be discarded.
  5. Under no circumstances can the user be released from the obligation of payment of the usage fee based on Article 6. However, this is not the case when the user cannot exchange the Merchandise.

Article 6 (Price of merchandise and method of payment)

  1. Users must pay a certain price for the Merchandise to the Company when they order through the service. The payment method can be selected and the payment shall be made by the method specified by the Company.
  2. Users shall comply with the Company's membership agreement that provides the payment method of the usage fee that is selected as the settlement method.

Article 7 (Membership registration)

  1. Applicants to register for this service shall fill out the necessary items on the application form on this service correctly. Applicants will become members as soon as they are notified that their membership registrations are completed and the permission for membership registration shall be effectively given to them by the Company. However, it is excluded when applicants use the member authentication service provided by other companies described in the next section.
  2. Upon use of this service, when the membership authentication services provided by other companies are used, membership registration is automatically completed at the time of the first connection, and the permission of the use of this service under the conditions of this TOU shall be granted to the user.
  3. Membership shall exist effectively until withdrawing from membership as provided in Article 9, or losing membership by any reason specified in Article 10, or termination of the service by the method specified in Article 21.
  4. Members shall immediately modify or change the registration information, if an error or a change has occurred.
  5. It is not possible to integrate user accounts that are registered using different e-mail addresses or membership authentication services provided by another company, or transfer data, such as products, between users.
  6. The member cannot transfer or lend a part or the whole of the position or obligations specified in this TOU, or a part or the whole of the contents of this service, to a third party.
  7. When applicants meet any of the following cases, the Company may reject the membership registration or re-registration, and the Company shall have no obligation for disclosure of the reason.
    1. (1)When there is any false statement, error or lack in a part or the whole of registration information.
    2. (2)When applied for by any minors, adult wards, persons under curatorship, or persons subject to a limited guardianship, who have not received consent from their legal representative, guardian, or curator.
    3. (3)When the Company determines that the applicant is an Anti-social force (meaning organized crime groups, or members of the group, or any other person equivalent thereto, hereinafter the same), or is engaged in some kind of interaction and involvement with Anti-social forces such as cooperation or involvement in maintaining, operating or managing of Anti-social forces through funding, etc.
    4. (4)When the applicant has violated the TOU in the past or is related to those who violated.
    5. (5)When a measure of Article 14 was taken to the applicants in the past.

Article 8 (Obligation of the user)

  1. Users shall manage e-mail addresses, passwords, and user IDs of the member authentication service provided by other companies at their own responsibility.
  2. Users shall be responsible for all activities and consequences generated by the use of this service.
  3. When users had received inquiries or complaints regarding the use of this service from third parties, it shall be processed and resolved at their own liability and expense.
  4. When users cause damages to the Company or third parties by using this service (including cases where the Company or a third party has caused damages due to the user not fulfilling the obligations under this TOU), they shall process and resolve the damages with their own liability and expense. If the Company receives a claim for damages from a third party due to the user's actions, the user shall compensate the Company for damages and expenses (including attorney’s fees within reasonable range) caused to the Company.

Article 9 (membership withdrawal)

Members can withdraw from this service freely. The member shall withdraw through the withdrawal function of this service. Membership withdrawal will be effective on the same day and any members' information such as membership information and images of the members will be deleted.

Article 10 (Prohibitions)

Users shall not perform the following when using this service.
  1. (1)Acts of infringing and/or possibly infringing on the intellectual property rights including the copyrights and trademark rights, assets, privacy, publicity rights, or, other rights of the Company or third parties.
  2. (2)Acts that discriminate or slander the Company or any third party, or acts which injure the honor or confidence of the Company or any third party or offensive behavior to any third party.
  3. (3)Acts of downloading or transmitting indecent images including nudity, or images of child pornography or child abuse.
  4. (4)Acts that may constitute or encourage a criminal offense or illegal activities.
  5. (5)Act of using the Service by using e-mail addresses other than their own.
  6. (6)Acts of providing a part or the whole of the Service to a third party for commercial purpose without the prior written consent of the Company.
  7. (7)Acts that cause or may cause excessive load on the server of the service.
  8. (8)Acts of using the Service for the purpose of soliciting an offer of pyramid schemes or multi-level marketing.
  9. (9)Acts of directing the user to adult and dating sites, or presentation of such sites.
  10. (10)Acts or similar acts to an election campaign.
  11. (11)Acts that the Company determines as inappropriate behavior.
  12. (12)In addition to the above, acts that violate laws or regulations or offend public order and morals.

Article 11 (Modification and deletion)

When the Company has reasonable grounds to determine that the user may violate Article 10, the Company can, at its discretion, modify or delete the relevant acts of the user, aiming that the result can be determined as non-violation of Article 10, without the consent of the user concerned. And users shall not exercise or object the moral rights of the author. The Company bears no liability to users for any damage incurred by the Company implementing the measures described in this section.

Article 12 (Handling of products)

  1. Users shall grant the Company to use including reproduction and/or adaptation, etc. of their products for free of charge for an unlimited period within the scope of the Company (production and delivery of goods, storage of data, etc.). And users shall not exercise the author's moral rights.
  2. The copyright of the text and images that the user stored and edited when creating the products belongs to the user who created them first.
  3. The copyright and other rights of information, software etc. posted on the site, other than text and images stored and edited by the user when creating the products, belong to the Company or other rights holders.

Article 13 (Data Retention Period)

The retention period of the data of the products created by the members shall be 60 days from the last order date of the products. Members can re-order the products for 60 days from the order date, but, after this period members need to upload and edit products again. It should be noted that if the re-order has been carried out during the storage period, the data retention period shall be extended for 60 days from the date that the order has been completed.

Article 14 (Suspension or cancellation of the membership of the user)

  1. In any of the following cases, with prior notice to the user in principle, the Company can suspend or cancel the membership of the user.
    1. (1)False declaration on the application.
    2. (2)When a breach or possible breaches of this TOU are found.
    3. (3)When the Company determines that the member is an Anti-social force, or is engaged in some kind of interaction and involvement with Anti-social forces such as cooperation or involvement in maintaining, operating or managing of Anti-social forces through funding, etc.
    4. (4)Or any other cases when the Company deems any member to be inappropriate as a user.
  2. In addition to the preceding paragraph, when the user performs the prohibited acts of Article 10, the measures of Article 11 can be taken.
  3. When the user causes damages to the Company or third parties by breaching this TOU, the user shall be liable for damage caused. If the Company receives a claim for damages from a third party due to user's actions, the user shall compensate the Company for damages and expenses (including attorney’s fees within reasonable range) caused to the Company.

Article 15 (Temporary suspension of the service)

  1. The system providing this service shall be operated 24 hours a day, 365 days a year as a general rule. However, this is not the case when maintenance of this service facility is carried out or if the service cannot be provided due to power outages, accidents, and disasters, etc. In such cases, the Company will notify the user in advance as much as possible, but shall be able to omit the notice in cases of emergency or unforeseen events.
  2. The Company will strengthen our server facilities actively according to the server status. However, there may be cases where the servers cannot handle all the services and temporarily prevent users from using this service due to sudden changes in the usage situation.
  3. In the event that the user or third party suffers damages due to delay or interruption of this service, the Company shall bear no responsibility for said damages, except in cases of willful misconduct or gross negligence by the Company.

Article 16 (Management of products)

  1. The Company shall have the right to monitor the contents of the user's product at any time the Company deems necessary, and to alter or remove it in accordance with this TOU.
  2. The Company does not bear any obligation to monitor the content of the products that the user registered. However, the user hereby acknowledges that as a result of the Company monitoring the user's product, it may lead to the alteration or removal of the products and suspension or cancellation of the user's membership as in Article 11 or 14 of this TOU. Therefore, the user shall always be careful about not violating Article 10.
  3. The Company assumes no responsibility for the loss of the data or stored products caused by using this service.

Article 17 (Acquisition and use of attribute information and history)

  1. The Company uses attribute information, terminal information, location information, history (logs such as order information and amount of time spent on each screen in the application) etc. of users at the time of use of this service to enhance users' convenience, and for the acquisition of statistical data. This acquired data will be used to create summary and analysis data after being sent to our server.
  2. When acquiring “1” above, only those that do not contain information that identifies individuals, either alone or combined, may be acquired using external tools, etc.
  3. The Company shall be able to view and use the acquired data for the purpose of user trend investigation and situational understanding and service improvements related to the operation of this service.
  4. Even if there is a possibility of identifying an individual by combining the acquired data, the Company will not perform re-identification.
  5. Statistical data and/or analytical data etc. created based on the acquired data may be disclosed to third parties in such a way that individuals can not be identified, such as materials related to news releases, media materials, and reports on usage of this service.
  6. In the case where the acquired data is disclosed to a third party in such a manner that it cannot be specified by an individual, the Company will select outsourcing partners on the condition that they do not conduct operations trying to identify individuals in combination with other data (re-identification).

Article 18 (Advertisement)

  1. Advertisements (e-mail, direct mail etc. notice) may be displayed while using this service.
  2. Advertisements may be distributed by third party venders as well as by the Company.
  3. Our partner third-party venders may use cookies to serve advertisements based on the access history to the official website or external websites.
  4. The Company assumes no responsibility for the damages arising from the use of the advertisement in the service.

Article 19 (Disclaimer)

In addition to the contents described in the preceding article, we shall be exempted from the following.
  1. (1)In the cases of non-delivery of e-mail or broken data, when the user edits and/or stores images, etc., due to the condition of communication lines or server loads, the Company is not responsible for such degradation of image quality, etc.
  2. (2)In the cases of non-delivery of e-mail or broken data, when the user uploads images, etc. from smartphones or mobile phones, due to the condition of communication lines or server loads, the Company is not responsible for the failure to upload images, etc.
  3. (3)In the cases of degradation or disappearance of the images, when the user uploads images, etc. from smartphones or mobile phones, due to the condition of communication lines or server loads, the Company shall bear no liability for any damages (including indirect damage such as loss of opportunity, etc. (Hereinafter referred to as “damages”)) of the user or the third party.
  4. (4)In the cases of degradation or disappearance of the images, when the user or the third party views images, due to the condition of communication lines or server loads, the Company shall bear no liability for any damages of the user or the third party.
  5. (5)The user may not be able to use the service when the member authentication service provided by another company is terminated or when the user voluntary stops or cancels the use of the member authentication service or any service incidental thereto. The Company shall bear no liability for any damages of the user or the third party arising therefrom.
  6. (6)The Company shall bear no liability for any damages of the user arising from the enactment of the measures of Article 14.
  7. (7)The contents of all advertisements displayed by using this service, and the damage of users and third parties caused by advertisements shall be settled to resolve the disputes between the user and/or the third party and the relevant advertiser, and the Company shall bear no liability for any damages.
  8. (8)When a defect is found in the service, the Company shall correct it as soon as possible. However, the Company shall bear no liability for any damages to the user or third parties caused by failure to use the service.
  9. (9)Even in cases where the Company is liable for damages against the user due to the application of the Consumer Contract Act or for other reasons, except in the event of default due to intent or gross negligence of the Company, the Company shall be liable only to usual and actual damage when there is any damage to the user caused by the default of the Company's obligations. And the Company will not be liable for compensation of lost profits and other indirect damages regardless of the cause of the claim. In addition, the Company shall indemnify the amount received by the Company from the user as the upper limit, and will not be responsible for the amount beyond.
  10. (10)Delivery of goods is scheduled for shipment within one week to one month after ordering. However, please be aware that there may be fluctuations in the delivery time depending on the production and/or shipping situations of our factory, failures of system etc., delivery situations of subcontractors, traffic circumstances, natural disasters, weather and other circumstances. The Company will not bear any responsibility if we cannot deliver the products due to the reasons of the user's responsibility such as incomplete registration or mistyping, etc.

Article 20 (Change of the terms)

In case that we consider that it’s necessary, the Company shall be able to change this TOU by notifying the user on the official website or notice through this service or in a manner that the Company deems appropriate, without obtaining the user's consent. When using this service after the change of contents, it is assumed that the user has agreed with the contents after change. Even if damage to the user occurs due to the use of the changed service, the Company will not compensate anything unless it is based on the Company’s intention or gross negligence.

Article 21 (Termination of the service)

The Company reserves the right to terminate the services with one month prior notice in accordance with our prescribed procedure. The Company bears no liability to users for any damages incurred by the service termination.

Article 22 (Handling of personal information)

  1. The Company will handle personal information appropriately in accordance with the Company’s Personal Information Protection Policy.
  2. The Company will not disclose personal information that users enter to use this service to third parties. However, it shall be excepted when it is based on the user's request or consent, or required by the Company’s rights conservation procedures in case of violation of this TOU, or when an investigation or the investigation cooperation obligations to the authorities have occurred, or by order of the court, or through disclosure request in accordance with laws and/or regulations or regulations of the Stock Exchange or the Association of Securities Dealers Association.

Article 23 (Governing law and jurisdiction)

This TOU is governed by the laws of Japan. The Osaka District Court shall be the exclusive jurisdiction court of the first instance when the user files a lawsuit in a dispute arising between the Company and the user.
<Date of Enactment: April 1, 2017>