Terms of service

Article 1 (Purpose)

1. These Terms of Use ("these Terms") apply to users ("Users") who use the "Mamesome EC Site" ("this Service") operated by Yoshiraku Corporation ("the Company"). Users shall use this Service in agreement with these Terms.

2. These Terms set the conditions of use for this Service. Users who register for this Service agree to use it according to the conditions set forth in these Terms, depending on their age and usage environment.

3. A contract between the Company and the User ("this Agreement" as defined in Article 2) is established by the User's agreement to these Terms.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

Article 3 (Content of this Service)

Users can purchase products from the Company by using this Service.

Article 4 (User Registration)

Article 5 (Purchase of Products)

a) If the User wishes to purchase the Product, the User shall place an order in accordance with the method specified by the Company, and a purchase agreement for the Product shall be formed upon notification of confirmation of the order by the Company.

b) Depending on the nature of the Product, the number of Products to be purchased may be limited. If the order exceeds the limit, the order will be cancelled.

c) Even after the conclusion of a purchase agreement as described in Paragraph 1, we may cancel an order due to a failure related to the importation of the Product or other unavoidable reasons.

Article 6 (Payment of Price)

Article 7 (Transfer of Ownership and Risk Burden)

a) Ownership of the Product shall transfer from the Company to the User upon completion of delivery of the Product.

b) Any loss or damage to the Product caused by reasons beyond the control of either the Company or the User shall be borne by the Company if the loss or damage occurred prior to the completion of delivery of the Product, and by the User if the damage occurred after the completion of delivery of the Product.

Article 8 (Return of Products)

a) The Company will not accept returns or exchanges of Products for the User's convenience after the order has been completed.

b) Notwithstanding the preceding paragraph, we will accept returns or exchanges only if the Product is damaged or misdelivered. However, all of the following conditions must be met

1) The Product must be unused.
2) The Product's packaging and accessories must be returned to the original condition at the time of delivery.

c) If the return is made after the payment has been made by the user, SBM will refund the purchase price after confirming that the return meets all of the conditions in the preceding paragraphs.

Article 9 (Management of User Information and Communication Equipment)

a) The User shall, at his/her own expense and responsibility, provide all necessary equipment, communication means, and transportation to receive the Service. The User shall bear all communication costs required for use of the Service.

b) The User shall be responsible for the management of the User's information and telecommunications equipment. The User shall be responsible for any damages caused by inadequate management of User information and communication equipment, errors in use, or use by a third party, and the Company shall not be liable for any such damages unless there is intentional or negligent fault on the part of the Company.

c) If there is a possibility that User Information or Communication Equipment may be used by a third party, User shall immediately notify the Company to that effect and comply with the Company's instructions, if any.

Article 10 (Conditions of Providing this Service)

The Company may suspend or change this Service without notifying the User for maintenance or other reasons.

Article 11 (Intellectual Property Rights)

a) You agree to grant us the right to use any and all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that may arise in relation to all or part of the contents of your postings on the Service, regardless of whether or not they are copyrightable, for any purpose, free of charge and without restriction. You agree to grant us the right to use any and all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that may arise in relation to part or all of the posted content, regardless of whether or not they are copyrightable, for any purpose without charge and without limitation.

b) The user agrees to use all information and content provided in the service (hereinafter collectively referred to as "our content"), regardless of the method or form, for personal, non-commercial use as stipulated in the Copyright Act. The User may not reproduce, reprint, publicly transmit, modify, or otherwise use any information or content provided in the Service (hereinafter collectively referred to as the "Company's Content") beyond the scope of personal use as stipulated in the Copyright Law.

c) The copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights and the right to obtain registration of these rights (hereinafter collectively referred to as "Intellectual Property Rights") related to the Company's Content shall not be used for any purpose other than personal use as defined in the Copyright Law. The intellectual property rights (hereinafter collectively referred to as "Intellectual Property Rights") belong to the Company or the licensors licensed by the Company, and do not belong to the User. In addition, regardless of the existence of Intellectual Property Rights, the User shall not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or otherwise make secondary use of the Company Content.

d) If a problem arises as a result of User's violation of the provisions of this Article, User shall resolve the problem at User's own expense and responsibility, and shall take appropriate measures so as not to cause any disadvantage, burden, or damage to the Company.

e) The User shall not exercise moral rights (including the right of publication, the right of name attribution, and the right of identity preservation) against the Company, third parties who have legitimately acquired the rights from the Company, and persons who have succeeded to the rights from such third parties with respect to any part of the posted contents that may be a work of authorship. (2) The Company shall not exercise moral rights (including rights of publication, rights of name attribution, and rights of identity preservation) against the Company, third parties who have legitimately obtained rights from the Company, and persons who have succeeded to rights from such third parties.

Article 12 (Prohibited Acts)

The Company prohibits the following acts by Users in using this Service:

(1) Acts that violate these Terms.
(2) Acts that infringe or may infringe the property or personal rights, such as intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, rights of publicity, etc., of the Company, licensors licensed by the Company, or other third parties.
(3) Acts that cause or may cause disadvantage or damage to the Company or third parties.
(4) Acts that unjustly harm the reputation, rights, or credit of others, or may do so.
(5) Acts that violate laws or ordinances.
(6) Acts that go against public order and morals, or may do so, or providing information that may go against public order and morals to other Users or third parties.
(7) Criminal acts, acts linked to criminal activities, or acts that promote such activities, or may do so.
(8) Providing information that is contrary to the facts or may be contrary to the facts.
(9) Unauthorized access to the Company's systems, tampering with program codes, cheating by deliberately falsifying location information, using communication equipment specifications or other applications, distributing computer viruses, or other acts that hinder the normal operation of this Service, or may do so.
(10) Using macros and tools or other functions that automate operations.
(11) Acts that damage the credibility of this Service, or may do so.
(12) Acts that adversely affect the physical and mental health and sound development of young people.
(13) Using another User's account or impersonating a third party to use this Service.
(14) Acts related to or potentially related to crime, such as fraud, abuse of regulated drugs, illegal buying and selling of bank accounts and mobile phones.
(15) Acts related to crime proceeds, financing of terrorism, or suspected of such.
(16) Other acts deemed inappropriate by the Company.

If the Company determines that a User's act falls under any of the items in the preceding paragraph, the Company may take any or all of the following measures without prior notice:

(1) Restricting the use of this Service.
(2) Termination of this Agreement and withdrawal from membership.
(3) Other actions that the Company deems necessary and reasonable.

Article 13 (Termination)

1. The Company may terminate this Agreement and withdraw membership without any notice, etc., if the User falls under any of the following items.

1. If the registration information contains false information.
2. If the User has been previously expelled from the Company.
3. If the Company receives notification from the User's heir, etc., that the User has died, or if the Company confirms the death of the User.
4. If a minor uses this Service without the consent of a legal representative.
5. If an adult ward, a person under curatorship, or a person under assistance uses this Service without the consent of their guardian, curator, or assistant.
6. If the User does not respond sincerely to requests from the Company.
7. In other cases deemed inappropriate by the Company.

2. In addition to the cases specified in the preceding items, the Company may terminate this Agreement and withdraw membership by notifying the User at least 30 days in advance. If the User wishes to withdraw, they can terminate this Agreement and withdraw by the end of the month by following the withdrawal procedures set by the Company.

3. Users who have withdrawn through the measures of Article 1 and Article 2 will lose the benefit of the deadline at the time of withdrawal and shall immediately perform all obligations owed to our company.

Article 14 (No Warranty & Disclaimer)

a) The Company makes no warranty as to the completeness, accuracy, or validity of the contents of the Services or Products.

b) We make no warranty as to the scheduled delivery date of the Products.

c) In using the Service, users may be transferred from the Service to other services operated by third parties related to the Service (hereinafter referred to as "External Services"). In such cases, the User shall be responsible for the use of the Service and shall not be liable for any damage caused by such use. In such cases, the User shall use the Service and External Services upon agreeing to the terms of use of the External Services at his/her own responsibility and expense. We do not guarantee the completeness, accuracy, validity, etc. of the content of External Services.

d) The Company shall not be liable for any damages incurred by the User due to the User's failure to change his/her registration information.

e) Users are requested to use the Service within the scope of the law. The Company shall not be liable for any infringement of Japanese or foreign laws and regulations by the User in connection with the use of the Service.

f) The Company does not guarantee that the Service will be free from interruption, suspension, or any other failure. In addition, the Company may suspend or change the Service for maintenance or other reasons without notice to the user, for which the Company assumes no responsibility.

g) In the event that user information is stolen due to unauthorized access or other unforeseen acts, MUTOH HOLDINGS shall not be liable for any damages incurred by the user as a result of such theft.

h) In the event of non-performance of all or part of this Agreement due to natural disasters, earthquakes, fires, strikes, commercial stoppages, wars, civil disorders, epidemics of infectious diseases, or other force majeure, SBM shall not be liable for any such event.

i) In the event of any trouble (whether within or outside the Service) between the User and the manufacturer of the Product or any other User with respect to the use of the Service. We assume no responsibility whatsoever in the event of any trouble (whether within or outside the Service) between a user and the manufacturer of the Product or another user in connection with the use of the Service.

Article 15 (Liability for Damages)

a) In the event that a User causes damage to the Company in connection with a breach of these Terms of Use or use of the Service, the User shall indemnify the Company for damages (including lost profits and attorney's fees) incurred by the Company. (2) User shall indemnify the Company for damages incurred by the Company (including lost profits and attorney's fees).

b) Notwithstanding any other provision of these Terms and Conditions, except as provided in the following paragraphs, in the event that the Company causes damage to the User for reasons attributable to the Company, the Company shall be liable for compensation for such damage only to the extent provided in the following items.

1) In the case of intentional or gross negligence on the part of the Company: the full amount of such damages

2) In the event of negligence of the Company: The Company shall be liable for ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees) actually and directly incurred by the User, and shall not be liable for more than one (1) month's damages. The maximum amount of damages shall be within the scope of the amount of the Company's liability (excluding special damages, lost profits, indirect damages and attorney's fees) and up to 10,000 yen.

c) Notwithstanding the preceding paragraph, in the event that a user is a corporation or an individual uses the Service as a business or for business purposes, unless there is intentional or gross negligence on the part of the Company, the Company shall not be liable for any damages incurred by such user in connection with the Service. In the event that we compensate for damages, the upper limit of our liability shall be the cumulative total amount of usage fees for the most recent one-year period from the date of the damage.

Article 16 (Termination of Service)

a) In the event that MEDINET reasonably determines that the provision of the Service should be discontinued, MEDINET may discontinue the provision of the Service.

b) In the case of the preceding paragraph, except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable for any

Article 17 (Confidentiality)

a) Neither User nor Company shall disclose or divulge to any third party any confidential information disclosed by the other party with respect to the provision of the Service. Confidential Information shall mean technical, business, or managerial information of the other party disclosed in connection with the introduction of the Service, regardless of whether such information is in writing, electromagnetic data, orally, or in any other form, and regardless of whether the confidentiality is indicated or clearly stated or the scope of such information is specified.

b) The following information shall not constitute Confidential Information

1) Information already in the possession of the other party at the time of disclosure
2) Information that was already in the public domain at the time of disclosure or subsequently became public knowledge for reasons beyond its control
3) Information lawfully obtained from a third party after receiving the disclosure
4) Information developed or created independently without the disclosed confidential information
5) Information that is required to be disclosed by law or court order.

c) The User and the Company shall not disclose Confidential Information to any person who is required to provide or improve the Service, including, but not limited to, any executive or employee (a person who is engaged in his/her own business regardless of the form of contract, such as employment contract, delegation contract, or outsourcing contract), collaborator, or contractor. (iii) The information may be disclosed only to those who are obligated to maintain confidentiality, including, but not limited to, executives and employees, collaborators, contractors, and external advisors, and shall not be used for any purpose other than the purpose of disclosure.

d) Upon termination of this Agreement due to termination of the Services, termination of this Agreement, or for any other reason, the User and MISUMI shall promptly return or dispose of the Confidential Information in accordance with the instructions of the other party. In disposing of the Confidential Information, you shall use a method that does not allow the Confidential Information to be reused.

Article 18 (Exclusion of Antisocial Forces)

a) The User and the Company represent and warrant that they do not currently fall under the category of Boryokudan (organized crime groups), Boryokudan members, persons who have been Boryokudan members for less than 5 years, quasi-organized Boryokudan members, Boryokudan-related companies, general assemblymen, etc., socially motivated groups, or special intelligent violent groups, or other similar persons (hereinafter referred to as "Boryokudan Members, etc."). (i) Boryokudan-infiltrated companies, general meeting house operators, etc., Goro (a person who is a target of social activities, etc.), or special intelligent violent groups, etc., or other similar persons (hereinafter referred to as "Boryokudan-infiltrated companies, etc."); and

1) Having a relationship in which Boryokudan-in etc. is deemed to control the management of the company.
2) Having a relationship in which it is deemed that the Boryokudan-in etc. is substantially involved in the management of the company.
3) To have a relationship that is deemed to involve unjustified use of Boryokudan-in etc., such as for the purpose of pursuing unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.
4) Having a relationship that is recognized as being involved in providing funds, etc. or benefits, etc. to Bouryokudanin, etc.
5) To have a socially reprehensible relationship with Bouryokudanin, etc. in which an officer or a person substantially involved in the management of the company is a Bouryokudanin, etc.

b) The User and the Company shall ensure that the User and the Company will not commit any of the following acts by themselves or through the use of a third party.

1) Violent demands
2) Unreasonable demands beyond legal responsibility
3) Acts of threatening words or deeds or using violence in connection with transactions.
4) Acts of spreading false rumors, using deception or force to damage the other party's credibility, or obstructing the other party's 5) business
6) Any other acts similar to the preceding items.

c) If it is found that the other party is a Boryokudanin, etc., or falls under any of the items of Paragraph 1, or commits any act falling under any of the items of the preceding paragraph, or makes a false declaration regarding the representations and warranties under Paragraph 1, either the User or the Company shall, regardless of whether the reason is attributable to itself, give the other party In such a case, the Company may terminate this Agreement without any notice to the other party, regardless of whether or not the termination is attributable to the User's own fault.

d) The User and Tonchidot acknowledge and agree that, in the event of termination of this Agreement pursuant to the preceding paragraph, Tonchidot shall not be liable to compensate the other party for any damages incurred by the User.

Article 19 (Contact & Notification)

Inquiries and other communications or notifications from users to us, notifications regarding changes to these terms, and other communications or notifications from us to users will be made by email or other methods specified by us. Notices are effective upon transmission from us.

Article 20 (Assignment of Position, etc.)

Users and our company cannot transfer, assign, set as collateral, or otherwise dispose of their status or rights or obligations under this contract to a third party without the prior written consent of the other party. However, this does not apply to stock transfers, business transfers, mergers, company splits, or other organizational reorganizations.

Article 21 (Handling of Personal Information)

The handling of personal information in this Service will be in accordance with our "Privacy Policy."

Article 22 (Severability)

a) Even if some of the provisions of this Agreement are determined to be invalid under the law, the other provisions of this Agreement shall remain valid.

b) If any provision of this Agreement is held invalid or revoked in relation to one User, this Agreement shall remain valid in relation to other Users.

Article 23 (Duration of this Contract)

The duration of this contract is from the time of establishment until the user withdraws. However, the provisions of Articles 11, 13(3), 14 to 16, 18(3) and (4), 20, and 22 to 27 will remain valid even after the termination of this contract.

Article 24 (Amendment of these Terms)

a) We may modify this Agreement from time to time in accordance with Article 548-4 of the Civil Code, if any of the following items applies. After the Terms and Conditions have been modified, the modified Terms and Conditions shall apply to this Agreement.

1) When the modification of these Terms and Conditions is in the general interest of the user.
2) When the modification of this Agreement is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification.

b) In the event of modification of the Terms of Use, the Company shall specify the effective date of the modified Terms of Use, and shall notify users of the contents and effective date of the modified Terms of Use at least two weeks prior to the effective date of the modification, by displaying the modified Terms of Use on the Service, or by other methods prescribed by the Company.

c) Notwithstanding the provisions of the preceding two paragraphs, if the User uses the Service after the changes to the Terms of Service are made known to the User in the preceding paragraph, or if the User does not take the necessary cancellation procedures within the period specified by the Company, such User shall be deemed to have agreed to the changes to the Terms of Service.

Article 25 (Governing Law)

The governing law of these terms is the laws of Japan.

Article 26 (Agreed Jurisdiction)

All litigation between the user and our company will be exclusively under the jurisdiction of the Kyoto District Court as the court of first instance.

Article 27 (Miscellaneous)

a) User shall comply with any additional terms and conditions that are not stipulated in these Terms of Use. In this case, such details, etc. shall become an integral part of these Terms of Use.

b) The details shall take effect from the time they are posted in the designated section of the Company's website.

c) In the event of any inconsistency between the Terms and Conditions and the Bylaws, the Terms and Conditions shall prevail.

Supplementary Provisions
Enacted and enforced on January 1, 2024.