Terms of Service

 

＜ZOZOTOWN Terms of Service＞

 

 

"ZOZOTOWN" is an internet shopping site managed by Start Today Co., Ltd. (hereinafter referred to as the "Company"). These terms of service (hereinafter referred to as the "Agreement") are applied to the Company and Members (to be defined in Article 3. Hereinafter the same.) as regards use of the ZOZOTOWN service (hereinafter referred to as the "Service").

 

 

Article 1 (Use of the Service)

 

Members shall use the Service according to the stipulations of Japanese laws and ordinances, regulations, and directives and rules; the Agreement; and the personal information protection policy, privacy policy, and HELP rules of the Company, separately established (hereinafter referred to collectively as the "Regulations"), and shall use the Service after understanding and consenting to the same.

 

 

Article 2 (The User)

 

A "User," according to the Agreement, is the general term for an individual who searches, browses, or uses images, text, designs, logos, video images, programs, items, information, and other similar items provided by the Company through the Service after completely understanding to and consenting to the content of the Agreement.

 

 

Article 3 (Members)

 

A "Member," according to the Agreement, is a general term for an individual who requests member registration in accordance with the procedure stipulated by the Company after completely understanding and consenting to the content of the Agreement, and for whom this request is accepted by the Company.

 

 

Article 4 (Member Registration)

 

1. Individuals who wish to register as Members shall request Member registration after setting and entering their name, country of residence, address, telephone number, gender, birthdate, email address, ID, and password according to a method separately established by the Company from the Member registration page of the Service.

 

2. When the Company decides to accept a registration request based on the stipulations of the preceding section, the Company shall send a registration verification email and shall register the individual who applied as a member when said email has been received.

 

3. Minors are not permitted to request member registration unless they first receive the approval of all of their legal guardians.

 

4. The Company will not approve registrations to which any of the following items apply:

 

(1) When it is clear that the potential Member had his or her membership registration revoked or received other disciplinary actions in the past due to violations of agreements relating to other services that the company provided (including the Agreement, but not limited thereto).

(2) When it is clear that falsified items are included in the membership request of the potential Member.

(3) When it is clear that the potential Member failed to make timely payments of dues and fees, refused to take possession of goods for long periods of time, refused product returns and/or exchanges, or failed in some other way to carry out his or her duties as regards a service that the Company provided in the past, said failure being without a justifiable cause.

(4) When it is clear that the potential Member took actions that caused trouble for, disadvantage to, or damage to another User, a third party not being a User, or the Company, or took actions leading to a fear of the same being committed.

(5) When it is clear that the potential Member took actions that would infringe upon the copyright privileges, intellectual property rights, rights to usage of one's likeness, personal rights, privacy rights, publicity rights, or other rights of another User, a third party not being a User, or the Company, or took actions leading to a fear of the same being committed.

(6) When it is clear that the potential Member used the Service for business purposes (excluding cases that the Company approved in advance).

(7) When it is clear that the potential Member took actions that are contrary to public order and morals or that are prohibited by law, or took actions leading to a fear of the same being committed.

(8) When it is clear that the potential Member reproduced, sold, published, distributed, or exhibited contents obtained through the Service via another User or a third party not being a User.

(9) When it is clear that the potential Member gathered, accumulated, or preserved personal information of other Users.

(10) When it is clear that the potential Member uploaded to the Service or transmitted via email or other means a computer virus, computer code, file, program, or other content designed to block, damage, or limit the functionality of computer software, hardware, or a transmission device to the Service.

(11) When the Company decides that approval of registration would not be appropriate due to the potential Member damaging or forfeiting the trust of the Company.

(12) When the Company logically comes to the conclusion that approval of registration would not be appropriate for other reasons relating to the operation and management of the Service.

 

 

Article 5 (Change of Registration Information)

 

1. When a change to all or part of the information registered with the Company as regards a Member changes, the Company shall change the registration information in a timely manner by a method separately determined by the Company, except when there are stipulations to the contrary in HELP.

 

2. The Company does not bear any responsibility for any damages incurred as a result of failure to update registration information appropriately.

 

 

Article 6 (Discontinuing Use of the Service and Cancellation of Member Registration)

 

When it is clear that a Member has taken an action stipulated in any of the items in Article 4 Section 3 (Items Leading to Non-Approval of Membership Registration) or Article 12 (Prohibited Items), the Company may discontinue use of the Service, cancel membership registration, and take other measures as regards the Member which the Company deems fit without giving any prior notice.

 

 

Article 7 (Withdrawal Procedure)

 

A Member may withdraw from membership at any time by following a procedure established by the Company. The Member will lose his or her membership qualification when his or her request for withdrawal of membership is received by the Company.

 

 

Article 8 (Purchasing Products)

 

1. A Member can use the Service to purchase products from the Company. However, in the following cases, a member cannot purchase products from within the site even if information relating to those products is listed on the site:

 

(1) When the shipping destination of the product is in a country or region to which the shipping company specified by the Company cannot ship.

(2) When the company determines that selling the product in question may infringe upon the rights and authority of a third party.

 

2. When a Member wishes to purchase a product, the Member shall request purchase of the product according to a method specified separately by the Company.

 

3. The Member is responsible to pay the total of the price of the product, shipping cost, and any service fees listed on the site.

 

4. In accordance with a request according to Section 2, a contract exists between a Member and the Company when an email verifying the content of the order and sent from the Company reaches the Member after the Member presses the "Order" button after verifying the entered and registered shipping destination and order information.

 

5. Regardless of the stipulations of the preceding Section, the Company may cancel or void a sales contract or take any other appropriate measures when a Member takes an inappropriate or improper action.

 

6. Delivery of products according to the Service is limited to countries and regions specified by the Company.

 

 

Article 9 (Payment Method)

 

1. The product payment total is the sum of the product price, shipping charges, and service fees listed on the site.

 

2. Regarding all purchases made using this service are required: the individual making the purchase must be the holder of the Paypal or credit card account used in the transaction.

 

3. Regarding purchases made with credit cards: we assume that all purchases conform to any special agreements between the credit card holders and their creditors. Additionally, all disputes between credit cards holders and their constituent creditors must be settled privately.

 

 

Article 10 (Product Returns)

 

Returns of products are only permitted for reasons owing to the fault of the Company such as damage during delivery, product defects, wrongful delivery, or imitation or pirated goods. The Company will only return the payment amount relating to the product in question after the Member returns the product according to a procedure separately established by the Company within a period after receiving the product specified by the Company (as a general rule, 7 days after the product in question arrives (including the day of arrival)).

 

 

Article 11 (Intellectual Property Rights)

 

1. Intellectual property rights for content provided through the Service are the exclusive property of the Company and third parties to whom the company has approved use thereof.

 

2. Regardless of the purpose of the behavior, the Company will take immediate legal action in the event that behavior prohibited by Japanese or non-Japanese copyright law or behavior prohibited by any other law is discovered, such as the unauthorized reproduction, unauthorized re-use, or other unauthorized derivative use.

 

3. If a Member violates the stipulations of this Article and enters a dispute with a third party, the Member shall resolve said dispute, bearing all responsibility thereof and also bearing any costs incurred. The Member shall not inflict any damage, loss, or disadvantage on the Company.

 

 

Article 12 (Prohibited Items)

 

A Member must not take any of the following actions. If a Member violates these stipulations and thereby causes damage to the Company or a third party, the Member shall bear all responsibility to compensate for said damages.

 

(1) When the Member took actions that caused trouble for, disadvantage to, or damage to another Member, another User, or the Company, or took actions leading to a fear of the same being committed.

(2) When the Member took actions that would infringe upon the copyright privileges, intellectual property rights, rights to usage of one's likeness, personal rights, privacy rights, publicity rights, or other rights of another Member, a third party not being a Member, or the Company, or took actions leading to a fear of the same being committed.

(3) When the Member used the Service for business purposes (excluding cases that the Company approved in advance).

(4) When the Member took actions that are contrary to public order and morals or that are prohibited by law, or took actions leading to a fear of the same being committed.

(5) When the member registers information that includes falsifications or content that will invite misinterpretations.

(6) When the Member uses content obtained through the Service for purposes other than personal purposes.

(7) When the Member reproduced, sold, published, distributed, or exhibited contents obtained through the Service via another User or a third party not being a User.

(8) When the Member gathered, accumulated, or preserved personal information of other Users.

(9) When the Member uploaded to the Service or transmitted via email or other means a computer virus, computer code, file, program, or other content designed to block, damage, or limit the functionality of computer software, hardware, or a transmission device to the Service.

(10) When the Member takes an action that the company logically determines to be inappropriate, such as those actions that would cause a loss of or damage to the reputation of the Company.

 

 

Article 13 (ID and Password Management)

 

1. The Company has a responsibility to carefully maintain and manage the User ID and password established by the Member him or herself at the time of Member registration.

 

2. A Member shall not transfer, sell, bequeath, lend, disclose, or leak said Member's User ID or password to a third party, except in cases in which the Company has given prior approval.

 

3. When it is determined that a third party is improperly using the User ID and password of a Member, said member shall immediately contact the Company.

 

4. A Member bears the responsibility for damages incurred due to mismanagement of his or her User ID or password, misuse, ineptitude, and unauthorized use by third parties. The Company bears no responsibility for any damages caused for the aforementioned reasons.

 

 

Article 14 (Exemptions from Responsibility)

 

1. When links from the Service to other websites or links to resources, or when links from third party websites or resources to the Service are provided, the Company bears no responsibility as regards the content or use of the link destination, or the results of the use of the link (including legality, validity, accuracy, certainty, safety, newness, and completeness, but not limited thereto). When the Company logically determines that the content of the link destination website or resources is illegal or is inappropriate for the operation and management of the Service, the Company may delete said link without requiring any notice to the Member.

 

2. When there are transactions (including participation in paid promotions, but not limited thereto) with advertisers running advertisements or publicity (including paid publicity, but not limited thereto) in the Service, Users and Members enter into transactions with said advertisers at their own discretion and risk, and the Company bears no responsibility in relation to these transactions. Also, the Company does not make any assurances as to the content and/or conditions of transactions such as payment of product prices, establishment of contract conditions, guarantees, security responsibilities, the existence of licenses, and the like. The Company does not bear any responsibility to any User or Member for transactions entered into via publicity or advertisements listed in the Service.

 

3. The Company does not bear any responsibility for events in which a Member is unable to purchase a product due to restrictions based on Article 8 Section 1 or Section 6.

 

4. The sight uses machine translation to translate product explanations, product information, and other information into foreign languages that the Company establishes at will. In the event that the content of the writing differs between the translated content to that in Japanese, the original Japanese content will take precedence. Even if there are items which differ from the original, the Company bears no responsibility in this regard.

 

5. The Company does not make any assurances regarding, nor does the Company bear any responsibility for damages, loss, or disadvantage that arises due to defects in quality, material quality, performance, functionality, and compatibility with other products as regards products sold via the Service.

 

6. The Company is exempted from all responsibility for trouble related to shipping as of the time that the Company places a product with the Japanese domestic shipping company specified by the Company. Also, the Company does not bear any responsibility for items related to delivery thereafter or issues that arise during delivery.

 

7. The Company does not bear any responsibility for any forfeitures, fines, returns, or other measures taken due to purchase or use prohibitions or limitations in the country to which a Member belongs.

 

8. The materials indications and washing indications on products follows the standards set by Japanese law, and the Company does not make any assurances regarding the compatibility of said indications with laws, regulations, and other standards outside of Japan. If a Member incurs damages either directly or indirectly due to the aforementioned indications not being compatible with laws and regulations outside of Japan, the Company bears no responsibility for said damages.

 

9. The Company does not bear any responsibility for any damage, loss, or disadvantage incurred either directly or indirectly by a Member in the following cases when the Company temporarily discontinues, interrupts, or changes service:

 

(1) When fire, earthquake, flood, thunder and lightning episodes, blizzard, or other acts of God occur.

(2) When war, internal dispute, terrorism, explosions, riots, or other social instabilities occur.

(3) When the Company is not able to receive appropriate service from the telephone company, shipping company, or internet provider with which the Company contracts.

(4) When the Company is unable to respond technologically for some reason.

 

10. By executing business in accordance with the content established on the site, the Company performs its duties and is freed from responsibility.

 

11. When a Member harms another User or a third part in some way by using the Service, said Member shall solve the problem under his or her own responsibility and shall not induce any damage, loss, or disadvantage to the company.

 

 

Article 15 (Maintenance of the Service)

 

The Company may suspend or interrupt provision of the Service temporarily without prior notice to a User or Member in the following cases in order to maintain proper operative functionality of the Service:

 

(1) When performing periodic or emergency maintenance on computer systems used for the provision of the Service (hereinafter referred to as "Systems")

(2) When system operation becomes difficult due to fire, earthquake, flood, thunder and lightning episodes, blizzard, or other acts of God.

(3) When system operation becomes difficult due to war, internal dispute, terrorism, explosions, riots, or other social instabilities.

(4) When system operation becomes difficult due to system defects, improper access by third parties, the spread of computer viruses, or other similar situations.

(5) When requested by a government executive or judicial institution with appropriate foundation for the request.

(6) When the Company determines that suspension or interruption of the service is unavoidable.

 

 

Article 16 (Use of Personal Information)

 

The Company shall handle personal information of Users and Members obtained in relation to use of the Service in accordance with a "Personal Information Protection Policy" established separately by the Company.

 

 

Article 17 (Information Management)

 

1. The Company will gather the following information regarding the access history of Users and members for investigations into the access histories of Users and members and investigations as to how Users use the Service, and in order to better the service provided:

 

(1) Information relating to the IP address or the cellular phone identification number when the server of the Service is accessed by a User or a Member.

(2) Access information pertaining to a User or a member obtained through the use of Cookie technology (technology that records information onto the computer of the User temporarily such as the last date and time that the User or the Member visited the site, the number of times the site was visited, etc.).

 

2. Users or members shall be aware of the fact that when a User or a Member sets his or her web browser to reject cookies the use of the service may be limited.

 

 

Article 18 (Changes to the Agreement)

 

1. The Company may make appropriate changes to all or part of the Agreement without prior approval of Members by notifying and announcing to the members by a method that the Company deems appropriate such as posting to the website or via email.

 

2. When part of all of the Agreement is changed, only the updated agreement shall be applied to the use of the Service, and Members shall follow only the updated Agreement.

 

 

Article 19 (Other)

 

1. When a problem arises in relation to the use of the Service that cannot be solved through the Agreement or the leadership and response of the Company, the Company and the User or the Member shall consult each other in good faith and resolve said problem.

 

2. When the necessity to litigate arises regarding the use of the Service, the Tokyo District Court shall be the first exclusive court of jurisdiction by agreement.

 

3. The Agreement rejects application of the United Nations Convention on Contracts for the International Sale of Goods and shall be interpreted according to Japanese law.

 

 

Established on April 1, 2011

 

[Personal Information Administration Manager]

START TODAY Co., Ltd. Director Mineki Ohkura