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Terms of Service

Article 1. Application of these Terms

These terms (these "Terms") shall apply to any relationship between KADOKAWA CORPORATION ("KADOKAWA") and the User (defined below) if a user of the service regarding the EC site "EJ ANiME STORE" that is provided overseas by KADOKAWA (the "Site"; such user, the "User"; and such service, the "Service") is used by the User. The User should thoroughly read these Terms before using the Service. The User will be deemed to have consented to these Terms as of when the use of the Service is commenced. Furthermore, if KADOKAWA sets forth conditions for use and precautions and other terms other than these Terms (the "Conditions for Use") in the Site or on the Service, the Conditions for Use shall constitute an integral part of these Terms.

 

Article 2. Definitions

The terms used in these Terms shall have the following meanings:

  1. "Service" means, collectively, the below services that KADOKAWA provides to the User. Furthermore, items (2) to (4) below are services that can be used only if the User is registered (the "Service for Registered Users"):
    (1)
    Use of the Site;
    (2)
    Purchase of products on the Site;
    (3)
    Provision of information concerning products that are sold on the Site;
    (4)
    Provision of information concerning stores that is separately set forth by KADOKAWA (such as Narita Anime Deck; including KADOKAWA’s suppliers);
    (5)
    Provision of functions separately set forth by KADOKAWA in the Site or on the Service (including functions to apply for presents);
    (6)
    Transmission of email magazines concerning information provided in the preceding items; and
    (7)
    Services incidental to the above items.
  2. "Registered User" means a person who has consented to these Terms and completed the registration procedures in Article 3(1) of these Terms, and is 16 years of age or older at the time such procedures have been completed.
  3. "User ID" means information that identifies an individual (email address, password, etc.) that is required for the Registered User to use the Service for Registered Users.
  4. "User Name" means the designation that the User will use when using the Service.
  5. "User Data" means the data concerning the Site or the Service (including data concerning history of applying for presents, etc.) that is created incidentally with the User ID.
  6. "User Information" means, collectively, the User ID, the User Name and the User Data.

 

Article 3. Registration Procedures, etc.

The terms used in these Terms shall have the following meanings:

  1. A persons who wishes to use the Service for Registered Users (the "Applicant") shall register as a User by a method separately specified by KADOKAWA. The User can use the Service for Registered Users from when the User registration is completed.
  2. While the use of the Site and User registration is free, the User will bear any expenses required to acquire and maintain a device, expenses required for internet connection (including telecommunication fees and expenses required for the maintenance of the telecommunication environment), and other expenses required for the use of the Service.
  3. The receipt of the email magazine of the Site shall be deemed to have been approved as of when the Registered User completes the registration procedures.
  4. Notwithstanding the preceding clause, if the Registered User does not wish to receive the email magazine, the registration for receiving the email magazine can be changed from the Registered User’s my-page after the completion of the registration procedures.

 

Article 4. Registration with KADOKAWA-ID

The User shall consent in advance without objection that, in addition to the registration procedures in Article 3, member registration with "KADOKAWA-ID" provided by KADOKAWA will be required in order to use the Service for Registered Users.

 

Article 5. Handling of Personal Information, etc.

KADOKAWA shall properly handle the personal information provided by the User in connection with the Service pursuant to as set forth in KADOKAWA’s Privacy Policy (https://ir.kadokawa.co.jp/global/policy.php).

 

Article 6. User ID

The Registered User shall safekeep and manage the User ID with the care of a prudent manager and shall not allow its use by a third party. The use of the Services for Registered Users with the User ID shall be deemed to be a use by the Registered User for such User ID. If damages are incurred by Users due to a third party other than the Registered User using the User ID, KADOKAWA shall not bear any responsibility unless there is willful misconduct or negligence by KADOKAWA.

 

Article 7. Attribution of Rights

The intellectual property rights such as copyrights (including the rights provided in Article 27 and Article 28 of the Copyright Act of Japan), neighboring rights and trademark rights and any other rights regarding the Site and the Service (including any contents such as the text, images, videos, music, etc. constituting the Site and the Service) will belong to KADOKAWA or third parties approved by KADOKAWA. KADOKAWA does not grant any use of such rights to the User.

 

Article 8. User’s Obligations

  1. The User shall comply with the User’s obligations set forth in these Terms, the Conditions for Use (collectively, the "Terms, etc.") and properly and lawfully use the Site and the Service.
  2. The User shall not engage in the following acts in using the Site and the Service:
    (1)
    Acts that contravene public order and morals or general common sense;
    (2)
    Acts of using false information, such as falsifying the date of birth;
    (3)
    Acts that infringe, or are likely to infringe, the reputation, credibility, or other rights or interests of KADOKAWA or third parties;
    (4)
    Acts of publicizing the personal information of oneself or a third party (real name, address, telephone number, email address, information regarding a bank account and other information that can identify an individual);
    (5)
    Acts of collecting the personal information of other Users and/or third parties;
    (6)
    Acts of libel or defamation against a particular individual or group;
    (7)
    Acts of commercial business, or acts of selling or transferring for commercial purposes (including reselling), or acts to induce or mediate such sale or transfer;
    (8)
    Political activities or an act similar thereto;
    (9)
    Religious activities or an act similar thereto;
    (10)
    Acts of calling for donations;
    (11)
    Acts such as distributing, transferring, selling, loaning, selling or name-lending the User Information;
    (12)
    Acts of identity theft (acts of pretending to be a particular person or group, including the use of the User ID of a third party);
    (13)
    Acts of removing or avoiding the Site’s security by using bugs or defects of the Site and/or the Service, or by using the Site or the Service by means that are not authorized by KADOKAWA;
    (14)
    Acts of reverse engineering, reverse compiling or reverse assembling the Site and/or the Service, or acts similar thereto;
    (15)
    Acts of creating derivative websites by adapting or translating the Site;
    (16)
    Acts of using or transmitting harmful programs such as computer viruses through the Service (including acts of spamming);
    (17)
    Acts of causing damage to the system of the Services or interfering with the operation thereof (including acts of unauthorized access and acts of spamming);
    (18)
    Acts of aiding or abetting, or that are likely to aid or abet, a criminal act;
    (19)
    Acts of violating, or that are likely to violate, any regulation, law, rule or order;
    (20)
    Acts of breaching the Terms, etc.;
    (21)
    In addition to as provided above, acts of causing, or that are likely to cause, damages to KADOKAWA, other Users or other third parties; and
    (22)
    Acts that KADOKAWA otherwise determines to be improper.
  3. If damages are incurred by KADOKAWA due to the User having breached an obligation of this Article or another obligation in these Terms, the User shall compensate KADOKAWA for such damages

 

Article 9. Qualification for Registered User

  1. A Registered User must be 16 years old or older, and if a person who is a minor (a person who has not reached the age of majority set forth in the applicable laws and regulations; the same applies hereafter) registers as a User, the consent of a legal representative such as a guardian shall be obtained in advance. The User shall be deemed to have obtained the consent of a legal representative such as a guardian at the time of registration. A person who is under 16 years old may not register as a User nor use the Service for Registered Users regardless of whether or not there is the consent of a legal representative.
  2. A ward, a person under conservatorship, a person under assistance and other persons with limited capacity under the applicable laws and regulations (excluding minors) shall use the Service for Registered Users by obtaining the consent of the guardian, conservator, assistant or other legal representative and taking the User registration procedures.

 

Article 10. Suspension of the Services and Revocation of User Registration, etc.

  1. KADOKAWA may temporarily suspend the provision of the Service to the User, or revoke the User registration, without prior notice, if any of the following applies to the User:
  2. The User shall not engage in the following acts in using the Site and the Service:
    (1)
    When the User engages in an act that causes, or is likely to cause, damages to KADOKAWA, other Users or other third parties;
    (2)
    When the User breaches the Terms, etc.;
    (3)
    When a use of the User ID by a third party, or the likelihood thereof, is discovered;
    (4)
    When more than one (1) year passes from the day the Service was last used; or
    (5)
    KADOKAWA otherwise determines that the User is not appropriate as a User.
  3. If KADOKAWA revokes the registration of a User under the preceding clause, KADOKAWA shall be able to delete the User Information of such Registered User without prior notice. KADOKAWA shall not bear any responsibility even if any damages arise to the Registered User due to such deletion.

 

Article 11. Termination and Interruption of the Site and the Services

  1. KADOKAWA shall be able to cancel or interrupt the provision of the Site and the Service in the following instances. KADOKAWA will not bear any responsibility for damages that arise to the User as a result of such termination or interruption:
  2. The User shall not engage in the following acts in using the Site and the Service:
    (1)
    When it is necessary to maintain or inspect the equipment and/or the systems for the operation of the Site or the Service;
    (2)
    When the Site or the Service cannot be provided due to an unavoidable event such as a natural disaster, war, power outage or equipment malfunction of the telecommunications carrier; or
    (3)
    When KADOKAWA otherwise determines it to be necessary.
  3. When KADOKAWA cancels or interrupts the provision of the Site and the Service pursuant to the preceding clause, KADOKAWA shall notify the same in the Site and the Service in advance; provided, however, that this shall not apply in emergency or unavoidable instances.

 

Article 12. Changes to the Site and the Services

KADOKAWA shall be able to change the contents of the Site and the Service without advance notice to the User; provided, however, that if the Service is terminated or if KADOKAWA determines that the change will cause material prejudice to the User, KADOKAWA shall notify that effect to the User in the Site and the Service in advance. Furthermore, this shall not apply in emergency or unavoidable instances.

 

Article 13. Termination of the Site and the Services

  1. KADOKAWA shall be able to terminate all or a part of the Site or the Service due to business reasons or other reasons. In such instance, KADOKAWA shall give notice to the User of that effect on the Site or the Service, by one (1) month prior to the termination date; provided, however, that this shall not apply in unavoidable emergency situations.
  2. KADOKAWA may delete all of the User Information accumulated on the Site or the Service as of the termination date of the Site or the Service.

 

Article 14. Withdrawal

  1. If the withdrawal procedures separately set forth by KADOKAWA are taken for the Registered User (regardless of whether they are procedures by the Registered User itself or procedures by a third party), the Registered User shall be deemed to have removed the User registration for the Site and the Service as of the completion of such withdrawal procedures.
  2. If the Registered User withdraws from the Site and the Service, KADOKAWA shall be able to delete the User Information of such Registered User. KADOKAWA shall not bear any responsibility for the deletion of such data or other information.

 

Article 15. Formation of Agreement

A sales agreement for goods in the Service will be formed between KADOKAWA and the Registered User as of when the Registered User completes the procedures for purchasing the goods or the procedures for reservations.

 

Article 16. Reserved Products

  1. If the Registered User purchases a reserved product on the Site, the Registered User shall complete the reservation by the reservation deadline date and time provided on the details page of such product. Furthermore, the acceptance of the reservation for such reservation will be considered to be completed as of when the order complete screen is displayed. KADOKAWA will not accept reservations after the deadline for any reason whatsoever.
  2. KADOKAWA will deliver the reserved product at the delivery time provided on the product details page. Please be advised that there may be instances where the delivery time will change.

 

Article 17. Delivery and Payment

  1. If a sales agreement is formed under Article 15, KADOKAWA will deliver the product to the Registered User by the designated method. If customs, consumption tax and other taxes for which the Registered User bears an obligation to pay and expenses such as customs fees associated therewith arise under the applicable laws and regulations (if the laws and regulations of a country other than Japan apply, the laws and regulations of such country), the Registered User shall bear such taxes and expenses, in addition to the product price.
  2. If a sales agreement is formed under Article 15, the Registered User must take the payment procedures for the product price and fees regarding the payment by making a payment by a credit card company or other method approved by KADOKAWA. Furthermore, the payment will be executed as of the completion of the purchase procedures by the Registered User or the acceptance of reservation for the product on the Site.
  3. Fees for the credit card company or other payment service provider that arise upon payment will be borne by KADOKAWA.
  4. If a dispute arises between a payment service provider such as a credit card company or other third party in connection with the payment of the product price, the Registered User shall resolve such dispute at its own responsibility and expense, and shall not cause any inconvenience or damages to KADOKAWA and other Users. In addition, except in instances solely attributable to KADOKAWA, KADOKAWA will not bear any responsibility for any and all damages, losses or expenses (including, but not limited to, direct damages, indirect damages, contingent damages, special damages, punitive damages, consequential damages, lost profits and attorneys’ fees), whether foreseeable or not, that may arise to the User as a result of such dispute.
  5. If KADOKAWA incurs damages, losses or expenses (including, but not limited to, direct damages, indirect damages, contingent damages, special damages, punitive damages, consequential damages, lost profits and attorneys’ fees) as a result of the dispute in the preceding clause, such User shall compensate or indemnify such damages, losses or expenses.

 

Article 18. Returns and Cancellations, etc.

  1. If a sales agreement is formed under Article 15, the Registered User may not cancel, return a product, or otherwise exchange for another product, and KADOKAWA bears no obligation to refund to the User the product price that was paid by the Registered User even if the Registered User wishes to cancel, return a product or otherwise exchange for another product, unless there is a defect in the product due to a reason attributable to KADOKAWA.
  2. Even if a sales agreement is formed under Article 15, such agreement will be cancelled when any of the below events occur:
    (1)
    When the Registered User does not pay the product price within the period designated by KADOKAWA;
    (2)
    When the Registered User uses a third party’s credit card, or KADOKAWA determines that there is the likelihood thereof;
    (3)
    When the product price is not paid to KADOKAWA by the credit card company or other payment service provider, or KADOKAWA determines that there is the likelihood thereof;
    (4)
    When KADOKAWA determines that there was an act by the Registered User that breaches these Terms;
    (5)
    When KADOKAWA cannot prepare the product or is otherwise unable to perform the sales agreement due to an unavoidable reason; or
    (6)
    When KADOKAWA otherwise determines that continuing the transaction will be difficult or improper.
  3. If the agreement is cancelled under clause 2 of this Article, the Registered User will not bear an obligation to pay the product price, and if the product price has already been paid, such price will be returned to the Registered User; provided, however, that this will not preclude a different handling by an agreement between KADOKAWA and the Registered User, and if there are reasonable grounds, it may be handled differently at KADOKAWA’s discretion.

 

Article 19. Disclaimer

  1. KADOKAWA shall not bear any responsibility for damages that arise to the User by the use of the Site and the Service, unless there is a reason that is exclusively attributable to KADOKAWA.
  2. Even if KADOKAWA bears responsibility, the damages that KADOKAWA will compensate to the User will be limited to the purchase price of the products that were the direct cause of the occurrence of such damages, unless there is willful misconduct or gross negligence by KADOKAWA. Furthermore, damages in this instance are limited to direct and ordinary damages that actually arise to the User, and KADOKAWA shall not bear any responsibility for the User’s special damages, indirect damages, lost profits, attorneys’ fees and damages similar thereto.
  3. KADOKAWA will pay utmost attention to maintain the reliability of the Service, but shall not provide any warranty as to the below contents, and the User shall use the Site and the Service at its responsibility and expense:
    (1)
    Fitness for a particular purpose of the Site and the Service;
    (2)
    Accuracy and stability of the operations of the Site and the Service;
    (3)
    Accuracy and reliability of the information provided in the Site; and
    (4)
    Safekeeping and management of the User Information.
  4. KADOKAWA shall not bear any responsibility for troubles or disputes arising between the User and third parties (including other Users) due to the User’s use of the Site or the Service.

 

Article 20. Assignment of Contractual Status under these Terms, etc.

  1. The User may not assign, transfer, establish as collateral or otherwise dispose of its contractual status under the Terms, etc. or the rights or obligations under the Terms, etc., without the prior written consent of KADOKAWA.
  2. If KADOKAWA transfers the business regarding the Site and the Service to a third party (including if there is a succession of such business due to a business transfer, merger, corporate split or other event; hereinafter, collectively, the "Business Transfer"), KADOKAWA shall be able to transfer the contractual status under the Terms, etc., the rights and obligations under the Terms, etc. and the User Information to the transferee in such Business Transfer in relation to such Business Transfer, and the User shall consent in advance to such transfer without objection.

 

Article 21. Changes to these Terms, etc.

KADOKAWA shall be able to change the Terms, etc. upon notifying the User in advance. Furthermore, the User shall be deemed to have consented without objection to the changes to the Terms, etc. by continuing the use of the Service even after the changes to the Terms, etc.

 

Article 22. Confidentiality

The User shall not disclose nor divulge to third parties any information of KADOKAWA that the User learns of through the User’s use of the Service and that KADOKAWA requests to be treated as confidential.

 

Article 23. Severability

If any provision of the Terms, etc. or a part thereof is determined to be invalid or unenforceable, the remaining parts of the Terms, etc. shall be in full force and effect.

 

Article 24. Language

The English text of these Terms, etc. shall be the original and the English text shall prevail in the construction of these Terms, etc. even if there is a translation thereof. In addition, unless otherwise permitted by KADOKAWA, the English language shall be used in the provision of the Service.

 

Article 25. Governing Law

The Terms, etc. shall be governed by, and construed in accordance with, the laws of Japan.

 

Article 26. Jurisdiction

If a need for litigation between the User and KADOKAWA arises regarding the use of the Site or the Service or the interpretation or application of the Terms, etc., the User shall consent in advance without objection that the Tokyo District Court will be the exclusive court of jurisdiction in the first instance.