terms of service
Please be sure to read the following Terms of Use before using the "Sugoyose" (hereinafter referred to as the "Service") provided by iUM Corporation (hereinafter referred to as the "Company"). By using the Service, you are deemed to have agreed to these Terms of Use. You shall use the Service upon agreeing that the Terms of Use shall be applied as the contents of the agreement for use of the Service between you and the Company.
Article 1: Service Content
Article 1
Customers may place orders for "Sugoyose" based on image data uploaded to the Service.
Article 2: Regarding the Use of this Service
Article 1
Customers using the Service shall agree to the Terms of Use and shall register as Members based on the required information entered in accordance with the method specified by the Company in using the Service.
Article 2
The Company shall review the details of the registration of Customers who have registered as Members as described in the preceding paragraph (hereinafter referred to as “Members") and shall notify them of their registration details. The Company will review the registration details and upon approval by the Company, the Member will be able to use the Service.
Article 3
The Company may suspend the Service if any of the following conditions applies to a Company. If the Company suspends the Service, the Company will not, in principle, disclose the reason for such suspension to the Member.
-If there are any falsifications, errors, or omissions in the contents of the registration application
-If a Member's membership has been revoked in the past due to a violation of the membership agreement, etc.
-If the credit card designated by the Member has been suspended by a credit card company, collection agency, financial institution, etc.
-If the Member is a minor, an adult ward, a person under curatorship or assistance, and has not obtained the consent of a legal representative, guardian, curator or assistant
-In addition, if the Company deems the member to be unsuitable as a Member
Article 4
Members shall be responsible for managing their registered e-mail address and unique password, and shall not allow any third party to use or transfer them.
Article 5
If the registered e-mail address and unique password are used by a third party other than the Member, the Member shall be responsible for handling any problems resulting from such use and shall not cause any inconvenience to the Company, unless such use is intentional or caused by negligence on the part of the Company.
Article 6
Members shall update their registration information regularly to ensure that it is always accurate and up-to-date.
Article 3 Orders
Article 1
Any order placed using the Member's address and password will be deemed to be a valid statement of intent by the Member and will be considered a legitimate order.
Article 2
Orders placed by a Member are not subject to the cooling-off system from the reason that mail order sales are not directly solicited but are purchased by the Member's intention.
Article 3
The Company will notify the Member by e-mail or other means to the e-mail address registered with the Company upon completion of the order and shipment of the print service.
In the case of delivery of products by shipment, the ordered products shall be received within the storage period specified by the delivery service provider (hereinafter referred to as the "Receiving Deadline"). In the event that an order is received after the Receving Deadline, the ordered products may be disposed of, but the Member shall not be exempted from the obligation to pay for the ordered products. The Company shall not be liable for any problems arising from the delivery of the ordered products after the "Receiving Deadline."
Article 4
Members shall check the contents of the order within 7 days of receipt of the ordered products, and if there is any defect in the ordered products, Members shall report it to the contact (* URL of the inquiry form) separately specified by the Company within this period. Please refer to Article 9 regarding the return of defective ordered products.
Article 5
Although the Company will take the utmost care in the printing process, in the event of a communication failure or unexpected accident, the Member's image data may be damaged. In such a case, the Company may ask the Member to resend the image data or place another order.
Article 4: Formation of Sales Agreement
Any order placed using the Member's address and password will be deemed to be a valid statement of intent by the Member and will be considered a legitimate order.
Article 5: Cancellation after placing an order
Once the sales contract for the ordered items is executed, the Company will immediately process the printing and shipping of the items, so orders cannot be cancelled after completion of the order according to the preceding article.
Article 6: Delivery of Goods, etc.
Article 1
Delivery of the ordered products shall be deemed complete upon delivery to the delivery address registered at the time of order. The Company shall not be liable for any delivery to the registered address. Even if the address of the delivery address of the ordered products is as registered, we may not be able to deliver the ordered products if we cannot confirm the trade name or company name of the recipient from the exterior of the building or the nameplate.
Article 2
The Company shall not be liable for delivery failures of ordered products due to an error in the registered address or other reasons attributable to the Member. In addition, if the Member wishes to have the order resent, the Member shall be responsible for the cost of resending the order.
Article 3
The estimated delivery date for mail delivery (“Yu-Mail") is not a guarantee of delivery date. If you are in a hurry, please order by courier service (“Yu-Pack"). Please note that Yu-mail cannot be tracked on the Web.
In addition, in accordance with the Terms of Use stipulated by Japan Post Co., Ltd. for delivery by Yu-Mail, we cannot compensate for loss, theft, accident, or loss or damage of ordered items, etc. after delivery.
Article 7: Refusal of receipt of goods, etc.
Article 1
In the event that the recipient designated at the time of order does not accept the ordered products, or in the event that the ordered products cannot be delivered to the recipient for any other reason, the Company will store the ordered products for up to 7 days. In this case, the Company may charge the Member a storage fee for the ordered products.
Article 2
If the Member does not pick up the ordered product within the period specified in the preceding paragraph, the purchase agreement shall be deemed cancelled. In such a case, the Company shall be released from its obligation to deliver the ordered product, and if the payment has not been made, the Company shall be obligated to receive payment from the Member for the ordered product, and if the payment has been made, the Company shall not be obligated to return the payment.
Article 8 Payment
Article 1
Members shall promptly pay for the order using the payment method selected at the time of order.
Article 2
In the case of credit card payment, the payment is completed upon completion of the order.
Article 3
When payment is unpaid for a Member's convenience, the Member's obligation to pay shall continue until payment is completed.
Article 4
If a Member fails to pay for an order in accordance with the payment method selected by the Member, the Company may suspend the creation, delivery, etc. of the ordered product.
Article 9: Returns
Article 1
Returns by Members after printing will be accepted only in the case of defects in the ordered product such as folds, stains, tears, blurred printing, printing misalignment, etc. of the product due to reasons attributable to the Company, or when it is confirmed that the delivered product is different from the ordered product. Please also note the following:
Please be aware that there may be differences between the images you see on your computer or smartphone and the products actually delivered to you due to differences in monitors, hardware, or display/creation methods, and that we cannot accept returns or exchanges for these reasons.
We do not provide individual manual color correction services for each image, and we do not provide color tone-related reprints or returns.
Depending on the design of Sugoyose, photos may be automatically cropped. Since a portion of the image may be cut off, please be sure to check the "Print Preview Screen" to see how the image will look when printed before placing your order.
We do not accept reprints or refunds for any insufficiencies from image data sent to us (insufficient capacity, corruption, incorrect settings at the time of shooting, etc.).
Article 2
The Company will only accept returns if the Company is notified within seven days of receipt of the ordered product and the product is returned to the Company within one additional week.
Article 3
Shipping costs associated with returns will be paid by the Company.
Article 4
As a general rule, returns will be accepted in exchange for a new ordered product, and no refunds will be accepted.
Article 10 Member's responsibilities and obligations
Article 1
Members are solely responsible for the transmission of digital images or other content, and for downloading or uploading such content. The Company takes no responsibility for any content downloaded or uploaded by Members using the system.
Members are responsible for any loss or damage to their images or content, and for any damage to their computer systems or loss of data that results from downloading or uploading. Members are responsible for backing up their digital content, and the Company takes no responsibility for any damage resulting from a Member's failure to do so.
Article 2
Members shall be responsible for all order information obtained after placing an order.
Article 3
The Member or authorized representative may pick up the ordered products at the location designated by the Member, and shall be deemed to be the Member (or the designated recipient) by reason of the Member's name and address.
Article 11: Changes to member information
If a Member's name, address, e-mail address, or other required information regarding registration for use of the Service changes, the Member shall promptly register the change (login from My Page). The Company shall not be held liable for any damages incurred by a Member due to failure to register changes, except in the case of willful misconduct or severe negligence on the part of the Company.
Article 12 Copyright, portrait rights, etc.
Article 1
The Company may verify the contents of a Member's image or content if the Company deems it necessary to do so for reasons such as confirmation of prohibited items or operational administrative needs.
Article 2
Members shall ensure that they own the copyright and portrait rights to any images or content they upload to this service, or that they have obtained permission from the copyright and portrait right holders to upload such images or content. The Company shall not be held responsible for any breach of this provision by its members.
Article 3
Products provided by the Service (whether in book format or PDF data format) shall be the joint copyrighted work of the Company and the Member, and the Member may not reproduce, distribute, publicly transmit, create or use derivative works of, or otherwise exercise copyright in the products without the consent of the Company. In addition, the Member authorizes the Company to exercise its copyright in the following manner with respect to the products:
-Exercise of copyrights for reproduction, distribution, public transmission, creation and use of derivative works, and all other copyrights related to the provision of this service.
-Exercise of copyrights for reproduction, distribution, public transmission, creation and use of derivative works, and all other copyrights necessary for the improvement of the Service.
-Exercise of copyrights for reproduction, distribution, public transmission, creation and use of derivative works, and all other copyrights related to campaigns and advertisements for the Service. However, if the work includes the portrait of a Member, the permission of the Member shall be obtained.
Article 4
In the event that any of the following applies to a Member's image or content on the Service, the Company may delete the corresponding Member's image or content without prior notice to the Member. In such cases, if any problems arise between a Member and a third party regarding infringement of rights, etc., the Member shall be responsible for resolving such problems at his or her own expense.
-In the event that a Member infringes, or is deemed likely to infringe, the copyrights or portrait rights of a third party.
-When it is judged that the contents of the site fall under any of the prohibited items in Article 22.
-If the Company deems that the posting of images or content is inappropriate.
Article 5
In the event that an order is received in violation of these Terms of Use, the Company will not proceed with the shipment of the relevant product, but the Member's obligation to pay for the product shall not be extinguished.
Article 13: Handling of Member's Personal Information
Article 1
The Company shall manage personal information of Members provided through the Service in an appropriate manner and shall use the personal information of Member (hereinafter referred to as \“Member information") only for the following purposes:
-To register as a Member
-To provide the Company's Services
-To sell and ship products
-To perform the business of subcontractors
-To collect payment for purchased products
-To perform accounting and other related tasks
-For identification and authentication services
-To provide after-sales service to Members or respond to inquiries
-To distribute newsletters
-For campaigns
-To create statistical data on our services in a format that does not identify individuals
-To conduct surveys regarding our services
-To send catalogs, direct mail, etc. of the Company and third parties (companies deemed appropriate by the Company)
-To analyze Member use of the service (information related to transaction history) and develop new services and improve existing services.
Handling of personal information of Members shall be based on the Privacy Policy separately set by the Company.
Article 2
The Company may outsource part or all of the handling of Member information to outside third parties to the extent necessary to achieve the purposes of use described in the preceding article. In such cases, the Company shall instruct and manage the third party to handle Member information properly and to protect the privacy of Members, etc. by concluding the necessary contracts.
Article 3
The Company shall not disclose or provide personal information of Members to third parties, except in any of the following cases:
-If the Member agrees in advance to the disclosure
-When the Company discloses the Member's name, credit card number, credit card expiration date, or usage of the Service to a payment company in order to conduct payment for goods or services ordered by the Member
-During the event of a merger, corporate separation, business transfer, or other business succession, when information is provided to the successor company
-When it is urgently necessary to disclose information to a public institution or a trusted third party in order to protect human life
-When cooperating with requests made by judicial institutions, the police, or other public agencies in accordance with laws and regulations
-When disclosure of personal information is required by laws and regulations
Article 4
Verification, modification, and deletion of Member information is subject to the provisions of Article 12. If you wish to suspend the use of your Membership information, please contact us via the Contact Us page.
Article 5
If a Member does not provide the necessary personal information to use the Service, the Service may not be provided.
Article 6
The Company's person in charge of personal information protection for the Service is as follows:
Personal Information Protection Administrator
Contact: Please contact us through the inquiry page.
Article 14: Notification to Members
Article 1
Notification from the Company to Members shall be made by e-mail, postings on the Service, or other methods deemed appropriate by the Company.
Article 2
If the Company sends a notice to a Member by e-mail, the notice is deemed to have reached the Member when the Company sends the e-mail to the Member's registered e-mail address.
Article 3
If a notification is made by posting a notice on the Service, it is deemed to have been completed when the notice is posted on the Service and is available for Members to view.
Article 4
If a Member wishes to contact the Company, the Member should do so via the "Contact Us" page on the Service or by e-mail to the e-mail address specified by the Company.
Article 5
In principle, the Company will respond to Member inquiries by e-mail.
Article 15: Surveys
Article 1
Survey information collected by the Company through the Service shall be retained and managed by the Company.
Article 2
Survey information may be disclosed without the consent of the individual. However, personally identifiable information (name, address, e-mail address, telephone number, fax number) will not be disclosed, and prior consent of the Member must be obtained if disclosure is required.
Article 3
Only limited data after statistical processing will be provided to sponsors, and personally identifiable information such as e-mail addresses and names will be strictly controlled by the Company and will never be provided to outside parties.
Article 16 Withdrawal
Members can cancel their membership at any time by using the method provided by the Company on the Service (logging in from My Page).
Article 17: Suspension and deletion of member registration information.
Article 1
If the Company determines that a Member falls under any of the following, the Company may suspend or delete the Member's registration information without notice.
-If a Member violates the Terms of Use
-If the Company deems the Member to be unsuitable as a Member
Article 2
Members who have been suspended or deleted by the Company in accordance with Article 1 above may not register as new Members.
Article 3
The Company reserves the right to terminate the registration of any information that has not been active for more than one year at any time at its discretion, and the Member shall agree to such termination in advance.
Article 4
The Company shall not be liable for any damages incurred by a Member as a result of the deletion of registration information in accordance with the preceding Article 3, except in cases where the Company is found to be willfully or severely negligent.
Article 18: Loss of Membership Qualifications
If a Member loses his/her membership due to reasons such as withdrawal from membership or termination of membership, the Company may delete all data, including images and data registered by the Member on the Service at that time.
Article 19: Advertising and Promotion
Article 1
In order to provide you with better service, the Company strives to develop and improve existing and new services, which are supported in part by advertising revenues from this Service.
Article 2
The Company may place advertisements and promotions of the Company and its partners on the Service and parts of the site.
Article 3
The Company may include advertisements and promotions of the Company and its partners in some of the newsletters that are distributed by e-mail.
Article 4
The Company may send catalogs, direct mail, etc. of the Company or its partners in conjunction with providing the Service.
Article 5
The style, form, and scope of advertising by the Company on the Service may be changed without specific notice to Members.
Article 6
The Service may use third-party advertising services.
Article 20: Prohibited Items
In using this Service, Members shall not do any of the following.
If we (Company) recognize any of the following, the Company will not ship the product(s) ordered, but the Member's obligation to pay for the product(s) will not be extinguished.
-Falsifying information within registration and Service use, or falsifying information provided by the Company or the Service's programs.
-Transmitting harmful computer programs, etc.
-Infringing or threatening to infringe the copyrights, trademarks, other intellectual property rights (including neighboring rights), property, privacy, portrait rights, or any other rights of the Company or any third party.
-Slander, defame, or discriminate against the Company or any third party, or damage the honor or credibility of the Company or any third party.
-Interfering with the business of the Company or any third party.
-Disclosing, posting, or transmitting obscene or violent images, sounds, or other information to the Service.
-Violating laws, regulations, or ordinances, or offending public order and morals.
-Except for cases approved by the Company, to reproduce, distribute, publish, transmit such as uploading to a website, or otherwise use images, data, etc. obtained through the Service beyond the scope of private use as permitted by the Copyright Act.
-Misuse of the Service through fraudulent means or any other means that may interfere with the operation of the Service.
-Violation of these Terms of Use, or any other actions that the Company deems inappropriate.
Article 21: Suspension of Use
Article 1
The Company may immediately suspend a Member's use of the Service without notice to or consent from the Member in the event of a violation of the Terms of Use, interference with the operation of the Service, cooperation with legal requests from courts, police, or other public authorities, or if the Company recognizes some other emergency.
Article 2
The Company shall not be liable for any loss or damage incurred by a Member as a result of the measures described in the preceding article, except in cases where the Company is found to have committed a willful or major negligence.
Article 22 Changes, interruptions, and suspensions
Article 1
The Company may, at its discretion, change or suspend all or part of the contents of the Service without prior notice to Members.
-When necessary for routine or emergency maintenance of the system
-When the system is overloaded
-When system operation becomes difficult due to fire, power outage, sabotage by a third party, etc.
-When the Company deem it necessary to suspend the system for any other reason
Article 2
The Company may, at its discretion, suspend or discontinue all or part of the Service.
Article 3
The Company shall not be liable for any damages (including damages caused by loss of images and data) incurred by Members due to changes, suspension, or discontinuation of the Service, or delays or interruptions of the Service that occur for any reason, except in cases where the Company is found to be willful or seriously negligent.
Article 23: Compensation for damages and disclaimer
Article 1
In the event that a Member violates the Terms of Use or causes damage to the Company due to fraudulent or illegal acts in connection with the use of the Service, such member shall compensate the Company for such damage (including attorney fees).
Article 2
If a dispute arises between a Member and a third party in connection with the use of the Service, the Member shall resolve the dispute at his/her expense and responsibility, and shall hold the Company harmless.
Article 3
The Company shall not be liable for any damages incurred by Members in connection with the use of the Service, except in cases where it has been confirmed that the Company has conducted willful misconduct or negligence. However, in the event that the Company is held liable, the maximum amount of damages that the Company may be held liable for is the amount equivalent to the price of the products ordered by the Member when using the Service.
Article 4
Although the Company takes every precaution to manage the Service, it does not guarantee that the Service will always be available, secure, or error-free. The Company also do not guarantee that the Service or the server used for the Service is free of viruses or other components that may cause failures.
Article 5
The Company shall not be liable for any direct, indirect, incidental, or consequential damages, including loss of profits, used data, or other intangible items, that a Member may suffer in the following cases, unless the Company is found to be willfully negligent:
-Cases arising from the processing, storage, or treatment of photographs
-In the event of unavailability of the Service
-In the event of changes to the Service or to the products or services offered through the Service
-In the event of unauthorized access to or unauthorized alteration of member data
Article 6
Although the Company will pay careful attention to the protection of members' privacy, the security features of the Service have limitations and the Company cannot guarantee complete protection of Members' privacy. Members should use the Service with this understanding.
Article 7
The Company shall not be liable for any accidents during delivery within the Service, unless the Company is found to be willful or seriously negligent.
Article 24: Changes and Notifications of these Terms of Service
Article 1
The Company may change the Terms of Use at its discretion when the content of the change conforms to the general interests of the Members, or when the Company recognizes the necessity and adequacy of the change as being in line with the purpose of the Terms of Use. In such cases, the Company will specify the effective date of the revised Terms of Use, and notify Members of the revised Terms of Use and its effective date by posting the revised Terms of Use on the Company's website, sending an e-mail, or by any other method the Company deems appropriate.
Article 2
In addition to changes to the Terms of Use in the preceding paragraph, the Company may notify Members of necessary matters in accordance with the method described in the preceding article.
Article 25 Applicable law and jurisdiction
Article 1
These Terms of Use shall be governed by and construed in accordance with the laws of Japan.
Article 2
If any dispute arises regarding the Terms of Use or use of the Service, the Member and the Company shall consult with each other to resolve the dispute. If the dispute cannot be resolved through consultation, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
Enacted on October 1, 2021
iUM Corporation