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FROM JAPAN TO THE WORLD

Terms of Service

Chapter I (General Provisions)

Article 1 (Service)

  • 1. DMM.make USA, Inc. (hereinafter the “Operator”) offers various services on its website called (the “Site”) the “DMM.make STORE” (URL: store-us.make.dmm.com). These Terms of Service (the “Terms”) shall govern all services (collectively the “Service”) offered on the Site.

Article 2
(Purpose and Scope of Application of and Rules Associated with Terms)

  • 1. The Operator has set these DMM.make STORE Terms and shall provide users with the Service pursuant to the Terms.

  • 2. A user shall use the Service upon acceptance of the Terms. If the user uses the Service, he/she shall be deemed to have agreed to and accepted the Terms.

  • 3. Any help, guidance pages or any other materials provided on the Site that are associated with the Service other than the Terms are incorporated by reference and shall be deemed to be part of the Terms and accepted by and agreed to by users of the Service.

  • 4. If the Operator sets any additional terms applicable to a particular service (hereinafter called "Individual Rule") in addition to these Terms, to the extent there are any inconsistencies between these Terms and the Individual Rule, the Individual Rule shall supersede and govern the particular service.

Article 3 (Change to Terms)

  • 1. The Operator may, as deemed necessary by the Operator, at any time, for any reason and without notice, make changes to the Terms without obtaining prior approval from users.

  • 2. Any changes to the Terms shall take effect as soon as they are posted on the Site. Users must review the Terms each and every time they access the Site and if a user continues to use the Service after the changes, the user will be deemed to have accepted such changes.

Article 4 (Membership Registration)

  • 1. Any user wishing to use the Service shall, upon agreement to the Terms, register as a member pursuant to a method prescribed by the operator.

  • 2. Anyone who is under the age of eighteen may not register as a member of the Service.

  • 3. A minor under the age of eighteen may only proceed with member registration upon obtaining approval from a person with parental authority or other statutory agent authority.

  • 4. The operator may occasionally not approve membership registration if any of the following (hereinafter referred to as "Causes for Registration Denial") applies:

    • (1) the user has been subjected to a disposition by the Operator in the past, such as suspension of use and termination of membership registration;

    • (2) there is a false statement in the registered information;

    • (3) the user is a member of an anti-social group or an associate thereof; or

    • (4) the Operator otherwise determines that the user is inappropriate.

  • 5. The Operator may, at the sole discretion of the Operator, terminate the membership registration of a user if it is found that any of the Causes for Registration Denial under the preceding paragraph exists in relation to the user or if the Operator determines that any of the following applies to the user:

    • (1) the user has become in arrears with the payment of any service fee;

    • (2) the death of the user has been confirmed;

    • (3) the user has breached the Terms;

    • (4) the user is, or is suspected to be, a member of an anti-social group or an associate thereof; or

    • (5) the Operator otherwise determines that the user is inappropriate.

  • 6. Notwithstanding the provisions of the previous paragraph 4 and 5, the Operator reserves the right to, at its sole discretion, refuse registrations, terminate registrations and deny the Service to any user.

  • 7. A user shall promptly update his/her registered information if any change occurs to the registered information (including his/her e-mail address, residential address and credit card information). Under no circumstances shall the Operator be liable for any damages that arise as a result of the user’s delay in making such change(s).

Article 5 (Membership Withdrawal)

  • 1. A user may cancel his/her membership registration for the Service and withdraw from the membership pursuant to a method prescribed by the Operator.

  • 2. A user may not withdraw from the membership if he/she owes any financial obligation to the Operator. Also, even in the event that a user has withdrawn from the membership, he/she may not be discharged from any financial obligations owed to the Operator.

Article 5 (Membership Withdrawal)

  • 1. The User ID and password that the Operator provides to a user (hereinafter referred to as "Credentials”) shall be managed and used by the user.

  • 2. A user may not transfer, lend or sell/purchase the Credentials to a third party. Also, a user may not have a third party use the Credentials regardless of the circumstances.

  • 3. Any use of the Service with the Credentials will be deemed to be by the user associated with said Credentials.

  • 4. The Operator shall not be liable for any damages that may arise from a user’s failure to maintain or manage the Credentials.

  • 5. In the event that a user has, or may have, lost his/her Credentials or has possibly had his/her Credentials revealed to a third party, the user shall immediately notify the Operator.

Article 6 (Management of User ID/Password)

  • 1. The User ID and password that the Operator provides to a user (hereinafter referred to as "Credentials”) shall be managed and used by the user.

  • 2. A user may not transfer, lend or sell/purchase the Credentials to a third party. Also, a user may not have a third party use the Credentials regardless of the circumstances.

  • 3. Any use of the Service with the Credentials will be deemed to be by the user associated with said Credentials.

  • 4. The Operator shall not be liable for any damages that may arise from a user’s failure to maintain or manage the Credentials.

  • 5. In the event that a user has, or may have, lost his/her Credentials or has possibly had his/her Credentials revealed to a third party, the user shall immediately notify the Operator.

Article 7 (Notice)

  • 1. Any notice to a user in connection with the Service, shall be provided by Operator using any method that the Operator deems appropriate, including, but not limited to, transmitting by email to the email address registered for the member and posting the notice on the Site for the Service.

  • 2. A notice to a user shall be deemed to have been completed when the Operator gives the notice by a method specified in the preceding paragraph.

Article 8 (Fees)

  • 1. If there are any fees for the use of the Service, such fees shall be paid using a method set forth by the Operator.

  • 2. After a user submits an order for goods using the Service, such order or offer to purchase cannot be withdrawn or cancelled by the user.

  • 3. The Operator will not accept any requests for any refund of any fees that have already been paid.

Article 9 (Arrangements for Service Environment, etc.)

  • 1. The user is responsible for making any arrangements necessary to use the Service, including, but not limited to, any devices or hardware, software and subscription to an Internet connection service that may be required for access and use of the Service.

  • 2. The user is solely responsible for taking security measures, such as preventing computer virus infections and preventing fraudulent access.

  • 3. The user is solely responsible for managing and maintaining the devices used for the Service. The Operator shall not be liable for any damages that arise from the unauthorized use by a third party of the Service or user’s devises to access the Service.

Article 10 (Responsibility of User)

  • 1. A user shall use the Service at the user's own risk and shall be liable for any and all acts performed by using the Service and for any results thereof.

  • 2. In the event that a user has infringed upon any copyright, trademark right, design right, patent right, intellectual property rights or any other rights of a third party in connection with the use of the Service, the user shall be solely liable for resolution of any claims or disputes, including expenses, arising from such infringement. The Operator shall not be liable for any such claims or disputes.

  • 3. If a user causes any damages to a third party in connection with the Service, the user shall compensate the third party for the said damages at the user's sole responsibility and expense, and the Operator shall not assume any liability.

  • 4. If the Operator receives a complaint from a third party due to any act by a user, the user shall compensate the Operator for any costs that are incurred in connection with handling any such complaint.

  • 5. By using the Service, the user agrees to defend, indemnify and hold harmless the Operator, its subsidiaries, affiliates and divisions, employees, officers, directors and customers, from any and all claims, suits, demands, actions, costs, liabilities, losses, causes of action and expenses to the extent arising out of any claim related to the user’s use of the Service.

Article 11 (Prohibited Acts)

  • 1. The Operator prohibits users from engaging in any of the following acts in the course of using the Service:

    • (1) an act of infringing upon any copyright, trademark right, design right, patent right, utility model right or other intellectual property right of the Operator or of a third party;

    • (2) an act of infringing upon any property right, image right, right of publicity, personal right, right to reputation, right to privacy, etc. of the Operator or of a third party;

    • (3) an act that goes against public decency and morality;

    • (4) an act that goes against any law or regulation;

    • (5) a criminal act, an act that leads to any criminal act, or an act that furthers any criminal act;

    • (6) an act that violates any law or regulation that controls the such acts including, but not limited to, the dissemination, productions or possession of child pornography, pornography and obscene objects,

    • (7) an act of providing false information;

    • (8) an act that places an excessive burden on the Operator’s server;

    • (9) an act that interferes with the operation of the Service;

    • (10) an act of using the Service for any purpose that is different from the purpose for which the Service is originally intended;

    • (11) an act of removing, avoiding or disabling any technical means of protection, such as security and DRM, that are administered on the contents offered under the Service;

    • (12) an act of disadvantaging the Operator or a third party;

    • (13) an act of defaming, threatening or harassing the Operator or a third party;

    • (14) an act of discriminating, or furthering discrimination against, a third party;

    • (15) an act of collecting and making public any personal information or privacy information on a third party without his/her approval;

    • (16) an act of using the Service for the purpose of advertisement in connection with any business operation of the user or of a third party;

    • (17) an act of using the Service for the purpose of solicitation for a pyramid scheme or multilevel marketing;

    • (18) an act of posting a link connecting to anything external to the Service; or

    • (19) any other act that the Operator deems to be inappropriate.

  • 2. A judgment as to whether or not any act constitutes a prohibited act under the preceding paragraph will be made at the sole discretion of the Operator. The Operator shall be under no obligation to provide an explanation or rationale for any judgments made pursuant to this paragraph.

  • 3. If the Operator determines that any act by a user constitutes a prohibited act under paragraph 1 of this article, the Operator may, without giving advance notice to the user, suspend the use of the Service by the user or terminate the membership registration of the user.

  • 4. The Operator may claim damages against a user for any and all damages, losses and costs (including litigation costs and attorneys' fees) that have arisen to the Operator as a result of any prohibited act by the user.

Article 12 (Content Change, Temporary Suspension or End of Service)

  • 1. The Operator may at any time change the content of the Service without giving advance notice to users.

  • 2. The Operator may at any time temporarily suspend or end the Service without giving advance notice to users.

  • 3. The Operator shall not be liable under any circumstances for any damages that arise as a result of any changes to content, temporary suspension or termination of the Service.

Article 13 (Disclaimer)

  • 1. The operator provides no warranty of any kind whether express, statutory or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, all such other warranties being hereby expressly and unequivocally disclaimed by the operator and waived by user to the extent allowed by law.

  • 2. The operators does not endorse and makes no warranty as to the completeness, accuracy, currency, reliability, trustworthiness and usefulness of the service. Also, the operator provides no guarantee that the service should be free of any factual or legal defect and the operator shall not be liable or otherwise responsible for any failure or delay in updating the site or any content.

  • 3. The operator shall not be liable or otherwise responsible for any disadvantage or damages that occur as a result of the user using the service of being unable to use the service. The user is responsible for any results or other consequences of using the service.

  • 4. The operator shall have no involvement with respect to the purpose or method of use, or the usage, of the service by a user.

  • 5. In the event that a user experiences any harm in connection with the use of the service, the operator shall be under no liability for damages unless otherwise provided in the terms.

  • 6. The user’s use of the service is at the user’s own risk. The operator disclaims any liability, whether based in contract, tort, negligence, strict liability or otherwise for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the service. Should any limitation on the operator’s liability be found to be illegal or unenforceable, any damages owed to user by the operator shall be limited to the amount that user has paid to the operator as consideration for use of the service and such damages shall only be paid in instances of willful misconduct or gross negligence on the part of the operator.

Article 14 (Attribution of Rights in Service)

  • 1. The copyrights and related rights, trademark rights and other intellectual property rights associated with any letters, videos, images, audios, illustrations, software, data, designs, trademarks, logo marks or other content offered under the Service (hereinafter referred to as the "Contents") are retained by the Operator or by the third parties that have licensed the Operator to use the same.

  • 2. A user shall not copy, reprint, replicate, modify, distribute, transmit, display, reproduce, publish, license the Contents, or engage in any and all other acts that infringe upon any right of the Operator or of a third party in connection therewith.

Article 15 (Handling of Personal Information)

The Operator shall handle the personal information on users pursuant to the "Privacy Policy " set forth by the Operator.

Article 16 (Business Transfer)

If the operator transfers the business of the Service to a third party, the Operator may, as a result of the said business transfer, transfer to the transferee, any and all its rights and obligations under the Terms, as well as all registered membership information or other user information. By using the Service, users agree and consent to the transfer of the rights and obligations under the Terms, as well as the registered membership information and other user information.

Article 17 (Contracting)

The Operator may assign or subcontract to a third party, the whole or part of the duties for the Service and have the third party perform the same, without users’ prior written consent or notice. All rights and obligations of the Operator under these Terms shall be assigned to such third party.

Article 18 (Severability)

In the event that any of the provisions of the Terms, or any part thereof, has been deemed to be invalid or unenforceable under any law or regulation, the remaining provisions of the Terms shall remain in full force and effect.

Article 19 (Governing Laws and Agreed-to Court with Exclusive Jurisdiction)

  • 1. The Terms shall be construed in accordance with the laws of the State of California.

  • 2. The Operator and users shall agree in advance that they should submit to the exclusive jurisdiction of the San Mateo County Superior Court for the resolution of any dispute that may arise between the Operator and any user in connection with the Service or with the Terms.

Article 20 (Time)

  • 1. Any time indicated or used on the Site or in the Service shall be the Standard Time of California.

Date established: August 1, 2015