terms of service
Eight Inc. ("the Company") hereby establishes the following Terms and Conditions ("these Terms") for the ALAMODE online store ("this Site") operated by the Company.
Terms and Conditions apply to the use of this Site. By using this Site, users are deemed to have agreed to Terms and Conditions.
Article 1 (Application)
1.These Terms apply to all relationships between this shop and all users ("Users") who use this service.
2.In addition to these Terms, this shop may establish individually stipulated terms of use ("Individual Provisions") concerning this service. These shall constitute a part of these Terms.
If there is a conflict between the provisions of the Individual Provisions and the provisions of these Terms, the provisions of the Individual Provisions shall prevail.
Article 2 (User Registration)
User registration for this service shall be completed when a prospective registrant agrees to these Terms, applies for user registration by the method specified by the Company, and the Company approves it.
The Company may not approve an application for user registration if it determines that the applicant falls under any of the following reasons, and the Company shall have no obligation to disclose the reasons.
1. If it is discovered that false information has been reported to the Company.
2. Individuals who have previously violated these Terms.
3. In cases where there have been prohibited acts or defaults on obligations concerning all services provided by the Company in the past.
4. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a person with parental authority, legal representative, guardian, curator, or assistant.
5. If the applicant is an anti-social force (meaning organized crime syndicates, members of organized crime syndicates, right-wing groups, or other equivalent entities),
or if the Company determines that the applicant is involved in any interaction or involvement with anti-social forces, such as cooperating or being involved in the maintenance, operation, or management of anti-social forces through funding or other means.
6. Other cases where the Company deems the applicant unsuitable as a User.
Article 3 (Management of User ID and Password)
Users shall properly manage their User ID and password for this service after understanding and agreeing to the following:
1. The registered User ID and password cannot be used by anyone other than the registered User,(the user themselves), nor can they be lent, transferred, or shared with third parties.
2. Users shall bear all responsibility for the use and management of their User ID and password, and the User themselves shall be responsible for any liabilities arising from any actions performed using their User ID and password.
3. The Company shall not be liable for any damages caused by the use of the User ID and password by a third party, regardless of whether there was willful misconduct or negligence on the part of the User.
4. If a User causes damage to the Company or a third party through the use of their User ID and password, the User shall compensate for such damage.
Article 4 (Changes and Updates to User Information)
1. If there is a change in registered information, the User shall promptly carry out the change procedure by the method specified by the Company.
2. The Company shall not be liable for any disruptions to notifications or services provided by the Company due to the User neglecting to complete the change procedure for registered information. Furthermore, if the change procedure has not been completed, the Company may treat the registered information as unchanged.
3. Even if the User completes the change procedure for registered information, a certain period ("Reflection Period") may be required for the changes to be reflected on this Site. The User shall agree in advance that this Reflection Period may occur.
4. If the User uses this Site during the Reflection Period, the User themselves shall confirm whether the information is up-to-date.
5. The Company shall not be liable for any direct or indirect damages incurred by the User due to the presence or absence of changes or updates to User information, or due to use during the Reflection Period.
Article 5 (Prohibited Acts)
1. Acts that violate laws or public order and morals, or acts related to criminal activities.
2. Acts that infringe upon the content or intellectual property rights of this service (including copyrights, trademark rights, etc.).
3. Acts that destroy or interfere with servers or networks, unauthorized access, or the use or provision of harmful programs such as viruses.
4. Using this service for commercial or unauthorized purposes (sales activities, propaganda, advertising, solicitation, etc.).
5. Unauthorized collection or accumulation of other users' personal information.
6. Acts that cause trouble to other users, the Company, or third parties, or obstruct the operation of the service.
7. Sending or registering false information, third-party information, or non-existent information when using or registering for this service.
8. Directly or indirectly providing benefits to anti-social forces in connection with the Company's services.
9. Election activities, similar acts, and other acts related to politics and religion.
10. Other acts deemed inappropriate by the Company.
Article 6 (Usage Restrictions and Registration Deletion)
If a User falls under any of the following, the Company may, without prior notice, restrict the User's use of all or part of this service, or delete their user registration.
1. Violation of any provision of these Terms.
2. If it is discovered that there is false information in the registered details.
3. Failure to fulfill payment obligations such as fees.
4. No response to contact from the Company for a certain period.
5. No use of this service for a certain period since the last use.
6. Other cases where the Company deems the use of this service inappropriate.
7. The Company shall not be liable for any damages incurred by the User due to actions taken by the Company based on this Article.
Article 7 (Withdrawal)
1. If a User wishes to withdraw, they can do so by following the procedure specified by the Company. However, if there are pending transactions (payments, shipments, etc.) at the time of withdrawal, withdrawal is not possible.
Users must complete a series of pending transactions smoothly and without delay in accordance with these Terms, and then proceed with the withdrawal procedure.
2. The Company may retain the effect of withdrawal for a reasonable period necessary for site operation even after the User completes the withdrawal procedure.
Article 8 (Returns & Exchanges)
Please refer to the "Returns & Exchanges" section in the shopping guide.
Article 9 (Usage Fees and Payment Methods)
The User shall pay the usage fees separately determined by the Company and displayed on this website for the paid parts of this service, by the method specified by the Company.
If the User delays payment of usage fees, the User shall pay a late payment charge at a rate of 14.6% per annum.
Article 10 (Handling of Personal Information)
The Company shall appropriately handle personal information acquired through the use of this service in accordance with the Company's "Privacy Policy."
Article 11 (Confidentiality)
The User shall treat as confidential any non-public information disclosed by the Company to registered users in connection with this service that the Company has requested to be treated confidentially, unless the Company has given prior written consent.
Article 12(Intellectual Property Rights and Content)
1. In principle, the intellectual property rights of content provided through this service (including images, videos, text, programs, know-how, and all other information related to this service posted or transmitted by the Company or users on this service) belong to the Company.
2. Users shall not reproduce, reprint, sell, modify, distribute, or otherwise use the Company's content without permission. If content is used without permission, the Company will take legal action.
3. The Company may delete, modify, or take other measures regarding content that violates these Terms or is deemed inappropriate by the Company, without prior notice.
Users agree to this and shall not object to the Company's deletion of content. The Company shall not be liable for any damages or disadvantages arising therefrom.
Article 13 (Suspension of Service Provision, etc.)
The Company may temporarily suspend all or part of this Site without prior notice to Users if any of the following apply.
Furthermore, the Company shall not be liable for any damages incurred by Users, etc., due to reasons stipulated in any of the following items.
1. If site provision becomes impossible due to server, communication line, or equipment failures.
2. If site provision is temporarily interrupted due to system maintenance, inspection, or repair.
3. If provision is impossible due to force majeure such as natural disasters, fires, or power outages.
4. If provision becomes impossible due to social impacts such as wars, riots, or labor disputes.
5. If provision becomes impossible due to laws or regulations.
6. Other cases where the Company deems it necessary.
Article 14 (Disclaimer of Warranties and Limitation of Liability)
1. The Company shall not be liable for any direct or indirect damages, losses, disadvantages, etc., incurred by the User even if this Site is temporarily stopped, suspended, or changed in the following cases:
(1) If a system trouble occurs.
(2) In case of fire, power outage, etc.
(3) In case of natural disaster such as earthquake, eruption, flood, typhoon, or tsunami.
(4) Other cases where the Company deems it necessary.
2. The Company shall not be liable for any damages, whether direct or indirect, incurred by the User or a third party due to the equipment, communication lines, or software used by the User.
3.The Company shall not be liable for any inability to access this Site, or for any failures, errors, or bugs occurring on the User's computer.
4. The Company shall not be liable for any damages, whether direct or indirect, incurred by Users and third parties due to failures in computers, systems, or communication lines (including data loss, system interruption, or unauthorized access).
5. Disclaimer Regarding Other Websites
The Company shall not be liable for any damages, whether direct or indirect, arising from the User's purchases made outside of this Site, including those made through URLs or other guidance to other websites or applications written by the User.
Article 15 (Damages and Exemption)
1. If a User violates these Terms and causes damage to another User or a third party, the User shall bear all responsibility, regardless of intent or negligence.
Furthermore, if the Company incurs damage, the User shall compensate for such damage.
2. The Company makes no guarantees regarding the safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, etc., of this service, and does not guarantee that there are no defects or flaws whatsoever.
3. Even if a User suffers damage due to the use of this service, the Company shall not bear any responsibility for it, except in cases where the Company has committed gross negligence.
4. The Company shall not be involved in any transactions, communications, troubles, or disputes that arise between the User and other Users or third parties in relation to this service, and shall not be liable for any damages incurred by the User or a third party as a result thereof.
Article 16 (Severability)
Even if any provision of these Terms or a part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining portion of the provision determined to be invalid or unenforceable shall continue to have full force and effect.
Article 17 (Governing Law and Jurisdiction)
The interpretation of these Terms shall be governed by Japanese law.
In the event of a dispute concerning this service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreement jurisdiction.
Article 18 (Changes to Terms of Service)
1. The Company may change these Terms within a reasonable scope when it deems it necessary.
2. When changing these Terms, the Company shall notify users by posting on this Site or by other methods deemed appropriate by the Company, and the revised Terms shall become effective one week after such notification.
3. If a User uses this Site after the revised Terms become effective, the User shall be deemed to have agreed to all the contents of the revised Terms, and cannot claim ignorance or disapproval of such contents.
4. The Company shall not be liable for any direct or indirect damages incurred by the User due to the revision or change of these Terms.