Terms of Service - TOS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY


BY USING ANY OF JAPANNIUM.COM and KANJI-BRAND.COM, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE ANY OF JAPANNIUM.COM and KANJI-BRAND.COM.


ACCEPTANCE OF TERMS:

Welcome to JAPANNIUM. JAPANNIUM.COM and KANJI-BRAND.COM is a part of JAPANNIUM. JAPANNIUM.COM, KANJI-BRAND.COM, and JAPANNIUM("JAPANNIUM") provide English to Japanese translation services and online outlet service to you (“Service”), subject to the following Terms of Service ("TOS"), which may be updated from time to time without notice to you. Your JAPANNIUM Service constitutes acceptance of these TOS and creates a binding legal agreement, so read them carefully. Please note, you must be 18 years or older to use this service.


REGISTRATION:

You agree that all information provided to JAPANNIUM upon registration by any online forms including the one provided by PayPal and at all other times will be true, accurate, current and complete. Especially your email address since we will direct all communication to you about your purchase to your email address. We will use the information you provide to us in accordance with our Privacy Policy.


PRIVACY POLICY:

It is our policy to respect the privacy of our customers. Therefore, we will not disclose to any unauthorized third party customer's name or contact information. JAPANNIUM will also not monitor, edit, or disclose the contents of a customer's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on JAPANNIUM; (2) protect and defend the rights or property of JAPANNIUM; or (3) act under exigent circumstances to protect the personal safety of JAPANNIUM service's users or the public; (4) fix or debug problems with the JAPANNIUM servers/software/service.


COPYRIGHTS:

Unless otherwise indicated, all Web site materials originated by JAPANNIUM, including, without limitation, the logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of JAPANNIUM. Any use of the materials in this Web site that originated from JAPANNIUM —including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance—without the prior written permission of JAPANNIUM is strictly prohibited.


THIRD PARTY LINKS:

JAPANNIUM may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. JAPANNIUM does not monitor, nor does it have any control over, any Third Party Content. JAPANNIUM does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. JAPANNIUM makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving the JAPANNIUM site, you should be aware that JAPANNIUM’s terms and conditions no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk. Also any such transaction occurred on our site is concluded under the terms of business of the Third Party payment provider, PayPal, and JAPANNIUM accepts no liability for such transactions.


INDEMNIFICATION:

Customer agrees to indemnify and hold JAPANNIUM, their parents, friends, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of JAPANNIUM, the violation of these Terms of Use by User, or the infringement by User, or any other user of User's account, of any intellectual property or other right of any person or entity.


DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JAPANNIUM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. JAPANNIUM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JAPANNIUM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e. JAPANNIUM ASSUMES NO RESPONSIBILITY FOR USER'S CHOICE TO USE OUR SERVICE AND OUR PRODUCT, INCLUDING USER'S CHOICE TO GET A TATTOO, USER'S CHOICE OF DESIGN OR USER'S CHOICE OF TATTOOIST.


LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT JAPANNIUM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JAPANNIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.


ORDER CANCELLATION:

All sales on JAPANNIUM are final, because of the nature of the products and services JAPANNIUM offer. You, the customer, must decide, based on the claims made by JAPANNIUM, on JAPANNIUM website or elsewhere, about the suitability of JAPANNIUM products for your purchase. However, it is acceptable for you to cancel your order before JAPANNIUM products are delivered to the email address provided by you for your purchase, or berore the custom-made articles for your purchase are ordered to the factory or craft center.


REFUND:

The refund from JAPANNIUM to customers may be made as soon as possible via Paypal if the order cancelation or order declination are approved.


NOTICE:

Notices to you may be made via email. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.


GENERAL INFORMATION:

The TOS constitute the entire agreement between you and JAPANNIUM and govern your use of the Service, superseding any prior agreements between you and JAPANNIUM. You also may be subject to additional terms and conditions that may apply when you use affiliate or other JAPANNIUM services, third-party content or third-party software. The TOS and the relationship between you and JAPANNIUM shall be governed by the laws of Japan without regard to its conflict of law provisions. You and JAPANNIUM agree to submit to the personal and exclusive jurisdiction of the courts located within the Yokohama District Court or Yokohama Minor Court or Odawara District Court or Odawara Minor Court in Japan. The failure of JAPANNIUM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
JAPANNIUM reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by JAPANNIUM.



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