terms of service

Article 1(Purpose)

1. These terms of use (“Terms of Use”) are applicable to all Users (defined below) of the “Orange Gate” online store services) (“Services”) provided by Kyuryudo Art Publishing Co.,Ltd. (“Company”) via the Company’s electronic commerce site (“Online Store”). Users must agree to these Terms of Use before using the Services.
2. These Terms of Use stipulate terms and conditions for using the Services. All Users registered in the Online Store must use the Services in accordance with the conditions as stated in these Terms of Use as applicable, including age and usage.
3. Once a User agrees to these Terms of Use, the Company and such User will have to enter into an Agreement (as defined in Article 2 of these Terms of Use).

Article 2(Definitions)

For the purposes of these Terms of Use, the following terms have the following meanings:

1. “Agreement(s)” mean Services agreements to be concluded between the Company and Users under the terms and conditions as stipulated in these Terms of Use;
2. “User” or “Users” mean a person, or all persons registered with the Online Store;
3. "Product(s)" mean products purchased by the User via the Online Store;
4. “User Information” means ID and password of Users; and
5. “Communication Equipment” mean smartphones, tablets, and computer equipment.

Article 3 (Online Store)

Users may purchase Product(s) from the Company by using the Online Store.

Article 4(User Registration)

1. A person who intends to become a User must agree to the contents of these Terms of Use and complete the registration process based on the procedures required by the Company. Minors, adult wards, persons under curatorship, and persons under assistance will not be able to register as Users if their registrations have not been set up and entered by their legal representatives or if they have not obtained the prior consent of their legal representatives.
2. If there is any change to the information registered by the Users in accordance with paragraph 1 of this Article 4, Users must immediately change the registered information.
3. The Company may refuse registration made by the Users at its sole discretion.
4. Users are prohibited from permitting any third party to use their accounts on the Online Store, transfer, assign or pledge such accounts as collateral to any third party.

Article 5(Purchasing Product)

1. If the User would like to purchase the Product, the User shall place an order in accordance with the method specified by the Company, and upon the Company’s confirmation of the order, the sales agreement for the Product shall be automatically executed. For the purpose of improving the Services, the Company may change the specifications of the purchase procedures for the Products at any time.
2. The quantity of Product may be limited depending on the availability and the Company will cancel the order if the order exceeds the available quantity limit. In such a case, no claim for execution of the sales contract may be made to the Company.
3. The Company may cancel the order after the execution of the sales agreement stipulated in paragraph 1 due to unavoidable reasons such as issues regarding importation of the Product.

Article 6(Payment)

1. After the execution of the sales agreement as set forth in the preceding Article 5, the User shall pay the price of Product in accordance with the method set forth by the Company. The User shall bear the fee for such payment.
2. The Company will deliver the Product by a method designated by the Company after payment has been confirmed. If a Product is returned to the Company after delivery process is completed due to User's refusal, long-term absence, or any other reasons, the Company may incur a separate fee for re-delivery of such Product to the User, to which the User shall provide prior consent. If delivery is refused or all attempts by the carrier to deliver the package fail, the package will be destroyed and no refund will be made.
3. When overseas Users import Products from Japan, taxes and duties may be levied in the importing country. These additional charges are the responsibility of the User. For details, please check the official website of the User’s country's customs office. If payment of duties is refused, or if the shipment is returned to us after the storage period has expired, the product price will be refunded. Delivery charges are not refundable. In addition, if delivery is refused or all attempts by the carrier to deliver the package fail, the package will be destroyed and no refund will be made.

Article 7(Delivery, Transfer of Ownership and Risk)

1. For the Products to be shipped within Japan, delivery will take between one week and one month after payment confirmation, depending on the availability of the Product.
2. All Products are shipped from Japan by air or private delivery service. If the country the User wants to ship to is not listed when the User selects the shipping address, please contact the Company by email.
3. The ownership and bearing of risk of the Product is assumed to transfer from the Company to the User upon completion of delivery of such Product.

Article 8(Return of product)

1. Return or exchange of a Product at the convenience of the User after the order has been completed is not acceptable.
2. Notwithstanding the preceding paragraph, the Company will accept returns or exchanges of the Product only if the type or number of Products delivered is different from that ordered, the Products are damaged, or the quality of the Products does not conform to the terms of the Agreement. However, all of the following conditions must be met:
   1. The Product is unused.
   2. The Product's packaging and accessories must be returned to their original condition at the time of delivery.
   3. The application for return is made in a method designated by the Company within 3 days after receiving the Product.
   4. After the User returns the Product to the address provided, with shipping charges paid by the User, the Company will exchange it for a good Product. In the case of unique Product, it may take some time.
3. In the event that the return of the Product described in the preceding paragraph is made after the payment by the User, the Company shall make a refund after confirming that the return meets all of the conditions as described in the preceding paragraph.

Article 9(Management of User Information and Communication Equipment)

1. Users must, at their own expense, prepare all the necessary equipment, including Communication Equipment and transportation necessary for enjoying the Services. Users must bear all the communication costs necessary for engaging the Services.
2. Users must manage their User Information and Communication Equipment. Users are responsible for any damage, including damage arising from mis-management of User’ Information or Communication Equipment, errors in using the Services, and use of Services by any third party. The Company will not be responsible for any such damage unless it is caused by the Company’s negligence or willful misconduct.
3. Users must immediately inform the Company and follow the Company’s instructions if there is any indication of third party’s use of User Information or Communication Equipment.

Article 10(Conditions for Operating the Services)

The Company may suspend or change the Services without notifying Users of such suspension or change for any reason, including due to maintenance.

Article 11 (Intellectual Property Rights)

1. Users may not use, reproduce, transmit or modify any information or contents provided in the Services (collectively, “Company Contents”) beyond the scope of “private use” as stipulated in the Copyright Act of Japan.
2. The copyrights, patent, utility model, trademark, design and all other intellectual property and the right to obtain registration of such rights (hereinafter collectively referred to as the "Intellectual Property Rights") related to the Company's contents is assumed to belong to the Company or the Licensor from which the Company receives license, and does not belong to the User. The User shall not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or otherwise make secondary use of the Company's content, regardless of whether or not the intellectual property rights exist.
3. If Users breach any provision of this Article 11 and cause any damage to the Company, such Users must resolve such damage at their sole cost and expense and take the appropriate measures to hold the Company harmless from any disadvantage, burden or damage.

Article 12 (Prohibited Acts)

Article 12 (Prohibited Acts)

1. Regarding Users’ use of the Services, the Company prohibits any of the following acts:
   1. acts that breach the Terms of Use;
   2. acts that violate or likely violate proprietary and personal rights, including Intellectual Property Rights, patent, utility model, design, trademark, copyright and publicity rights of the Company or any third party including a licensor granting a license to the Company;
   3. acts that cause or likely cause any disadvantage or damage to the Company or any third party;
   4. acts that damage or likely damage the honor, right, or credit of the Company, the Services or any third party;
   5. acts that breach any rules including laws, regulations, and municipal ordinances;
   6. acts that damage or likely damage any public policy, and acts that provide other Users or any third party with information which likely damage any public policy;
   7. acts that provide false information or information that is likely false;
   8. acts that prevent or likely prevent the Services from its normal operation, including unlawful access to the Company’s systems, or that falsify program codes, falsify location information, cheat using any Communication Equipment and applications, and spread any computer virus;
   9. owth;
   10. acts that pretend to be a third party and use the Services, such as using other Users’ accounts;
   11. any other acts which the Company deems inappropriate.
2. If the Company considers that any acts of Users fall under any of the items stated in (a) to (p) above, the Company may take any or all of the following measures, without notifying such Users in advance:
1. limit the usage of the Services;
2. terminate the Agreements and remove such Users; and
3. take any other measures which the Company deems necessary.

Article 13(Termination)

1. The Company may unilaterally terminate the Agreements with Users, and unsubscribe them, if such Users fall under any of the following categories:
   1. if information registered by the Users contains false information;
   2. if a User or Users have been removed from the Services before;
   3. if a person including a User’s heirs inform the Company of such User’s death or if the Company confirms such User’s death;
   4. if a minor uses the Services without the consent of the minor’s legal representative;
   5. if an adult under guardianship, a person under curatorship, or a person under other similar assistance uses the Services without the consent of his or her adult guardian, curator or assistant;
   6. if Users do not respond to the Company’s request promptly; and
   7. if the Company deems it necessary to terminate the Agreements with Users.
2. With respect to paragraph 1 of this Article 13, the Company may unilaterally terminate the Agreements with such Users by giving notifications to such Users no later than thirty (30) days before such termination.
3. If any Agreement with a User or Users is terminated in accordance with paragraph 1 or 2 of this Article 13, all the obligations of the User or Users will be removed from the Services as a result of such termination will be accelerated and become immediately due and payable, and such Users must forthwith fulfill all of its obligations to the Company.

Article 14(No Guarantee and Disclaimer)

1. The Company does not make any guarantee that contents of the Services and the Product(s) are accurate, updated, useful, reliable, lawful, suitable for specific purposes, or not in violation of any third party rights.
2. The Company makes no warranty as to the expected date and time of delivery of the Product.
3. During use of Services by the Users, transition may sometimes occur from the Services to other relevant services operated by a third party (“External Services”). In this case, Users must agree to the terms and conditions, including the terms of use, of such External Services, and use of the Services and such External Services by the Users at their sole responsibility. The Company does not make any guarantee that the contents of External Services are complete, accurate or valid.
4. The Company is not obliged to compensate any Users for any damage such Users may incur due to their failure to change the information registered in the Services.
5. Users must use the Services within the scope permitted by all applicable laws and regulations. The Company will not be responsible for any breach of laws or regulations of any country, including Japan, by Users.
6. The Company does not warrant that the use of Online Store will not be interrupted, discontinued or otherwise impaired. In addition, the Company may suspend or change the Online Store for maintenance or other purposes without notice to the User, but the Company shall not be held responsible in such cases.
7. The Company will not be responsible for any damage caused by loss of User Information due to unforeseen acts, including unlawful access by any third party.
8. The Company will not be responsible for any non-performance of a part or all of obligations under the Agreements due to force majeure events beyond the Company’s control, including an act of God, fire, labor strike, trade suspension, war, civil war, and outbreak of an infectious disease.
9. The Company will not be responsible for any problem that occurs between the Users (which is related or not related to the Services) and the manufacturer of the Product, or between the Users and any other users in connection with use of the Services. Such Users must resolve such problem at their sole cost and expense.

Article 15(Damages)

1. Users must compensate the Company for any damages arising from any breach of these Terms of Use or use of the Services (including lost profit and attorneys’ fees).
2. If the Company causes damages to Users for a reason attributable to the Company, the Company’s compensation for such damages will be limited to the following amount:
   1. if the damages are caused by the Company’s willful misconduct or gross negligence: the total amount of such damages; or
   2. if the damages are caused by the Company’s negligence other than gross negligence: ordinary damages which are caused actually and directly by such negligence (excluding special damages, lost profit, indirect damages and attorneys’ fees) or 10,000 yen, whichever is lower.
   1. Notwithstanding the preceding paragraph, if the User is a corporation or an individual using the Service as a business or for business purposes, the Company will not be liable for any damages incurred by such User in connection with the Services, unless such damages are intentional or through gross negligence on the part of the Company. If the Company compensate for damages, the maximum liability shall be the cumulative total amount of usage fees for the one-year period from the occurrence of such damage.

   Article 16(Termination of the Services)

   1. The Company may unilaterally terminate the Services if the Company reasonably determines that the provision of the Service should be discontinued.
   2. In the case of paragraph 1 of this Article 16, the Company will not be responsible for any ensuing damage unless the Company causes such damage by its willful misconduct or gross negligence.

   Article 17(Confidentiality)

   1. User shall not, in relation to the Services, disclose or divulge to any third party any confidential information disclosed by the Company. Confidential Information means, documents, electromagnetic data, oral or other forms of information, regardless of whether the confidentiality is indicated or clearly stated or the scope of such information is specified.
   2. 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 information that subsequently became public knowledge for reasons not attributable to the Company;
      3. Information lawfully obtained from a third party after receiving disclosure;
      4. Information independently developed or created without the disclosed confidential information; and
      5. Information required to be disclosed by law or court order.
   3. The User shall, upon termination of this Agreement, due to the termination of the Services, cancellation of this Agreement or other reasons with similar effect, promptly return or dispose of the Confidential Information in accordance with the Company's instructions. When disposing the Confidential Information, the User shall use a method that does not allow the Confidential Information to be reused by a third party.

   Article 18(Exclusion of Anti-Social Forces)　

   1. Each of the Users guarantees that it is not a gang, a gang member, an individual that left a gang within the last 5 years, a quasi-member of a gang, a gang affiliate or group, soukaiya, a blackmailer camouflaged as a social movement activist, a special intelligent violent group, or any other groups or persons equivalent to any of the above (hereinafter referred to as the “Anti-Social Forces”) and that it does not fall under any of the following categories. Each party warrants that it will not fall under any of the following categories in the future:
      1. have relationships where Anti-Social Forces are recognized to control the management;
      2. have relationships where Anti-Social Forces are recognized to be substantially involved in the management;
      3. Both parties have relationships in which such Users are recognized to be using illegal Anti-Social Forces; for example, for the purpose of acquiring wrongful gain for itself or a third party, or for the purpose of inflicting damage on a third party;
      4. Both parties provide funds or benefits to Anti-Social Forces; or
      5. Both parties’ officers or persons substantially involved in its management have socially reprehensible relationships with Anti-Social Forces.
   2. Users warrant that they will not engage in any of the following actions, either by themselves or through the use of a third party:
      1. violent demands;
      2. unlawful and unjust demands;
      3. threatening behavior or use of violence in connection with Agreements;
      4. spreading rumors, damaging the reputation of the Company by using fraudulent means or force, or obstructing the service of the Company; and
      5. any other actions equivalent to any of the foregoing.
   3. If Users fall under any of the categories in paragraph 1 of this Article 18, conduct any actions as set forth in paragraph 2 of this Article 18, or make any false statement concerning their representations and warranties as set in paragraph 1 of this Article 18, the Company may terminate the Agreements without any written notice, regardless of the breach being attributable to the non-defaulting Party or not.
   4. If the Agreement(s) between the Company and a User is terminated pursuant to the preceding paragraph, the Company is not liable for any damages incurred by such User as a result of such termination, and the User agrees that the Company is not liable for such damages.

   Article 19(Notice)

   Inquiries about the Services, other communications or notifications from the Users to the Company, including notifications regarding changes to the Terms of Use, and other communications or notifications from the Company to the Users will be sent by e-mail or other methods specified by the Company. Notice shall become effective when sent by the Company.

   Article 20(Prohibition of Assignment of Status)

   Neither Users nor the Company may, without the prior written consent of the other party, transfer the contractual status under the Agreements or these Terms of Use to a third party, assign or transfer all or part of its rights and obligations under the Agreements or these Terms of Use to a third party, or encumber its rights under the Agreements or these Terms of Use as collateral.

   Article 21(Personal Information)

   The Company will handle personal information in connection with the Services, pursuant to “Privacy Policy” stipulated by the Company.

   Article 22(Severability)

   If any provision of these Terms of Use is held invalid or illegal, in whole or in part, such invalidity or illegality shall in no way affect the other provisions of these Terms of Use or their interpretation and application, nor shall it impair or invalidate their legality or validity.

   Article 23(Term)

   The effective period of the Agreement commences as from the signing date of the Agreement until cancellation of the User’s registration made by the User. Regardless of the reason for which the Agreement is terminated, the following provisions, Article 11 (Intellectual Property Rights), Article 13.3 (Termination for Cause), Article 14 (No Guarantee and Disclaimer) to Article 16 (Termination of the Services), Articles 18.3 and 18.4 (Elimination of Anti-Social Forces), Article 20 (Prohibition of Assignment of Status), and Article 22 (Severability) to Article 27 (Miscellaneous) shall remain in effect even after the termination of the Agreement.

   Article 24(Amendment)

   1. The Company may amend these Terms of Use in accordance with Article 548-4 of the Civil Code of Japan in any of the following events:
      1. if the amendment to these Terms of Use aligns with the general interest of Users; or
      2. if the amendment to these Terms of Use does conflict with the purpose of the Agreements, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions, and the details of such provisions.
         The amended Terms of Use will apply to the Agreements.
   2. If the Company intends to amend these Terms of Use, the Company will specify the effective date of such amendment, and notify the Users of its intention to amend these Terms of Use, the details of the amended terms of these Terms of Use, and the date of such amendment, by a method designated by the Company in no later than two (2) weeks before such amendment
   3. Notwithstanding paragraph 1 and 2 of this Article 24, Users will be deemed to have agreed to such amendment if Users do not cease the use of Services or do not terminate the Agreements upon receiving such notification from the Company.

   Article 25(Governing Law)

   These Terms of Use will be governed by and construed in accordance with the laws of Japan.

   Article 26(Jurisdiction)

   Any dispute between Users and the Company will be adjudicated in the Tokyo District Court.

   Article 27(Miscellaneous)

   1. Users must follow any rules separately stipulated by the Company regarding any matter not covered in these Terms of Use. In this case, such rules will constitute as an inseparable part of these Terms of Use.
   2. Rules as stipulated in paragraph 1 of this Article 27 will be effective the moment such rules are published or announced on the place designated by the Company.
   3. If there is any conflict between such rules as stipulated in paragraph 1 of this Article 27 and these Terms of Use, these Terms of Use will prevail.

   supplementary provisions

   Established and affective on

   April 30, 2025