Article 1 (Definition)
(2) “Our Company” shall mean Shueisha Inc.;
(3) The “Website” shall mean the website named “SHUEISHA MANGA-ART HERITAGE” operated by Our Company;
(4) The “Service” shall mean various services Our Company provides at the Website including online sales service;
(5) The “Goods” shall mean manga-art works (including duplication under permission of the author), which is sold by the Service;
(6) The “Associated Service” shall mean “Startrail PORT”, which can be used for certification of authenticity and record of chain of title etc. provided Startbahn Inc. associated with Our Company;
(7) The “User” shall mean customer and potential customer who uses the Website and the Service;
(8) The “Member” shall mean those User who completed registration procedure for Membership prescribed by Our Company; and
(9) “Minor” shall mean those who has not reached the age of adulthood having legal capacity to enter into sales agreement alone. The age of adulthood shall be determined by the laws and regulations applicable in the country or region where the User resides. (For more information, please refer to “Frequently Asked Questions”).
Article 4 (Procedure for Member Registration and Withdrawal)
- By completing the member registration procedure prescribed by Our Company, the User can use the services of the Service and the Associated Service designated for the Member.
- Our Company will send to the User who has applied for Member registration a tentative registration mail. Subject to Paragraph 3 of this Article 4, the User who has completed the registration procedure based on said tentative registration mail shall be registered as Member.
- Our Company may, at its discretion, not accept application of Member registration, disqualify membership even after completion of the registration, or restrict use of the Service in the event that:
(1) the User is found to have provide any false information is included in the application for the registration;
(2) the User is found to have registered more than 2 Member accounts;
(3) the User is found to have failed to perform its obligation in the past in relation to any service provided by Our Company or associated service including failure to pay applicable fee in a timely manner, and failure to accept or rejection of delivered Goods such as excessive rejection or request for change of Goods without justifiable reason;
(4) the User is found to have failed to perform its obligation under the Service including failure to pay applicable fee in a timely manner or other default similar to those stated in the preceding Subparagraph;
(5) the User is found to fall under any activity listed in Paragraphs 1 or 2 of Article 15;
(6) the User is found to have been suspended, disqualified as member or subject to any similar disposition for the Service or any other service provided by Our Company or Associated Service;
(8) the User, at Our Company’ s discretion, belongs to a crime syndicate, a crime syndicate quasi-constituent, a crime syndicate related company, or antisocial force including a group engaged in illegal activities in the name of social movement, e.g., at the time of a general shareholders meeting, a special intelligent violent groups and other antisocial forces; or
(9) In addition to the preceding items, when Our Company judges that it is inappropriate to provide the Service to the User.
In no event shall Our Company be obligated to provide prior notice to the User, nor liable for any damages the User or any third party may incur arising out of or in relation to such non-acceptance, disqualification or restriction. Further, Our Company shall be not obligated to disclose reason therefor.
- Member may cancel membership any time in accordance with the procedure prescribed by Our Company. Member shall lose its membership at the time Our Company receives the application for withdrawal.
Article 5 (Registered Email Address and Management of Password)
- The User uses the Service by using the email address the User registered at the time of the application for registration (hereinafter, the “Registered Email Address”) and password. The Member shall, at its responsibility, manage its Registered Email Address and its password.
- The Member shall not disclose, leak, lend, assign, change names of, sale, or pledge as collateral the Registered Email Address and password to a third party (including other Members) or allow a third party to use.
- The Member shall be responsible for any damages caused by inadequate management of its Registered Email Address and password, errors in use, or allowing a third party (including other Members) to use its Registered Email Address and password, and in no event shall Our Company be liable for any damages, compensation, or any other indemnification.
- In the event that the Member becomes aware that its Registered Email and/or password are used illegally or without authority by a third party (including other Members), the Member should immediately contact Our Company and follow Our Company’s instruction, if any.
- If the login information used in connection with access to the Site is the same as the login information registered with Our Company, Our Company will be entitled to judge that the login is from the Member concerned.
- In the event that the Member changes its Registered Email Address and password, the Member may do so in accordance with the procedure prescribed by Our Company.
Article 6 (Handling of Privacy)
Our Company shall properly handle Member information and other information concerning the User information including personal information that Our Company obtains in connection with the use of the Site and/or the Service In accordance with the "Privacy Guidelines" set forth by Our Company. (For more information, please refer to “Privacy Guideline”)
Article 7 (Use of the Service and Associated Service)
- The Services provided by the Website are as follows (Details are posted separately on the Website):
(1) Online sales of the Goods;
(2) Support service for the Member to use the Associated Service; and
(3) Any ancillary services relating to sales of the Goods.
- From time to time, Our Company may add, remove and/or change part or whole of any items of the Services listed in the preceding paragraph without prior consent of the Members. In no event shall Our Company be liable for any damages incurred by the Member arising out of or in relation to removal and/or change of the Services.
Article 8 (Purchase of the Goods, Payment Method)
- If the Member wants to purchase (by lottery) the Goods, the Member shall apply for purchase in accordance with the method prescribed by Our Company. When the Member makes a payment for the first time, the Member must register as a user of the Associated Service on “website of the Associated Company.” Conditions for application for purchase including change or cancellation of application for purchase vary depending on the Goods. (Please refer to “Goods detailed description page” for method of purchase and to “User Guide” or “Frequent Asked Questions” for other conditions.
- In the event that a Member is a minor, the Member cannot apply for purchase.
- Payment method of the Goods is as follows:
(1) The purchase prices of the Goods indicated in the Website include the followings:
- In case the Goods are delivered within Japan: Price of Goods, consumer tax (excluding the cases where purchases are made from the countries and regions other than Japan) and handling charges involving distribution (including delivery fees).
- In case the Goods are delivered to countries and regions other than Japan: price of Goods (plus consumption tax in case purchases are made within Japan), handling charges involving distribution (including delivery fees). Please note that customs duty, various tax and clearance fees are not included, and therefore that additional payment may be necessary.
(2) Payment methods are limited to credit card (Member’s name), PayPal or other method separately approved by Our Company.
(3) In the event that a Member chooses payment by credit card or PayPal, the Member shall comply with the terms and conditions of the agreement applicable between credit card company or a company operating PayPal, as the case may be. Should any dispute arise between the Member and credit card company or the operating company, the Member shall solve such a dispute at its responsibility. Please note that Our Company does not keep information of credit card etc. that the Member uses for payment.
(4) Sales agreement between the Member and Our Company for the Goods will be formed at the time Our Company’s email confirming payment has arrived the Member. Said email will be sent upon confirmation of completion of payment for the Goods.
(5) Notwithstanding the preceding subparagraph, if there is misconduct or inappropriate behavior by the Member concerning use of the Service, Our Company may take measures that Our Company deems fit including termination of sales agreement etc.
Article 9 (Delivery of Goods, Transfer of Title)
- Our Company shall deliver the Goods to the address specified by the Member at the time of purchase application, and shall have completed its obligation to deliver as a seller when delivery completion is confirmed by the delivery company entrusted by Our Company.
- Title of the Goods that a Member has purchased transfers from Our Company to the Member at the time the delivery company delivered the Goods to the Member.
Article 10 (Return of Goods)
Return of Goods shall be accepted in any of the following events and the Member informed Our Company within a period prescribed by Our Company:
(1) Goods has a defect even before delivery;
(2) Goods different from what was ordered are delivered; or
(3) It is obvious that Goods are damaged during delivery.
Article 11 (Delivery)
- The Goods can be delivered to any area within Japan as well as other countries and regions separately determined by Our Company, provided however that delivery address shall be limited to countries and regions where the Member who purchases the Goods resides (for the countries and regions as well as applicable delivery fee and handling charge, please refer to “Frequently Asked Questions.” Notwithstanding the foregoing, certain Goods cannot be delivered to the designated countries or regions. Before applying for purchase, please confirm “Goods detailed description page.”
- Period for redelivery and conditions varies depending on the countries and regions to which delivery is made and delivery company.
- In the event that the Goods cannot be delivered even after redelivery or that the Member reject to receive the delivered Goods without any justifiable reason, the Member may be held legally liable for default of the sales agreement.
- Scheduled date of delivery for the Goods and the URL of a delivery company, based on which the Member can status of delivery will be described in an email that Our Company sends to the Member to inform shipment of the Goods. Though Our Company makes an effort to deliver the Goods by the scheduled delivery date, the delivery may be delayed due to reasons beyond reasonable control of Our Company. In no event shall Our Company be liable for any damages the Member incur arising out of or in relation to late delivery.
- The scheduled delivery date is estimated date only. Our Company does not guarantee that the Goods arrives on that day. Further, because of social situation or natural disaster or the like, the Goods cannot be delivered even to the region where delivery is otherwise possible.
- In some specific countries or situation, a delivery company may offer delivery option such as those described below. Please understand in advance that in no event shall Our Company be liable for any loss or destruction of the Goods due to such option.
(1) Without signature: Approve receipt of the Goods without signature at the time of delivery;(2) Authorization of neighborhood to receive the Goods on behalf of the Member (on demand delivery).
- Important information concerning delivery of the Goods will be posted on the Website (please refer to “Frequent Asked Questions” for detail).
Article 12 (Tariff etc.)
- When the Member receives the Goods in countries or regions other than Japan, applicable tariff (duty, tax, VAT) and custom clearance charge will be imposed for custom clearance. The amount will be calculated and charged based on price of the Goods and delivery fee shown on the invoice. (For further detail, please refer to “Frequent Asked Questions”)
- In some countries and regions, a delivery company etc. may request the Member to submit necessary document. In such case, the Member is supposed to follow necessary procedure in accordance with instruction of the delivery company etc. The Goods may not be delivered unless necessary procedure is followed.
Article 13 (About the Goods)
- Our Company makes an effort to reproduce actual color of the Goods when Our Company posts images of the Goods on the Website. However, depending on the digital device the Member uses, color tone and/or quality through its monitor may vary. The Member expressly understands and agrees that Our Company does not guarantee that the images of the Goods reflect color and/or quality of the actual Goods.
- The Goods are for family or personal use only. The Member agrees that it shall not use (including display) the Goods for the purpose of making profit unless the Member transfer or assign the Goods pursuant to the following article. Further, the Member agrees not to export, re-export, or transfer the Goods to any country or region subject to trade embargoes and sanctions, or to any vendor of the country identified on the U.S. Treasury Department's list of Specially Designated Nationals or the European Union Sanctions List. In case of violation, in no event shall Our Company be liable for any loss or damage.
Article 14 (Cautions for Transfer)
- In the event that the Member wants to transfer the title of the Goods by resale or gift, the Member is supposed to apply for recording transfer of the title by using the Associated Service. (For more information, please refer to “website of the Associated Company.”
- The Member acknowledges and agrees that, without the application stated in the preceding paragraph, recording of title history for the Goods could not be properly maintained and therefore in no event shall Our Company issue certification of authenticity for the Goods.
Article 15 (Restricted Matters)
- When using the Website and/or the Service, the User shall not be engaged in any activities that fall within or are likely to fall within the following items (1) through (12). Should Our Company become aware of any of such activities by the User, Our Company may, at is discretion, suspend use by the User of whole or part of the Website and the Service without notice to the User, or, if the User is a Member, may disqualify membership.
(1) Using the Website and/or the Service for the purpose other than personal use of the User including duplication, distribution, public transmission, alteration and/or license to a third party of the Website or digital data available on the Website;
(2) Deleting copyright notice etc. of the Website;
(3) Duplicating whole or part of the program (copyrighted work) used at the Website;
(4) Reverse engineering, decompile and disassemble of the Website;
(5) Accessing the Website, the Service and/or the Associated Website without authorization, or falsifying or deleting whole or part of the same;
(6) Transmitting information that contains computer viruses or other harmful programs, or making such information available to third parties;
(7) Accessing facilities of third parties or for the Service (including telecommunication facilities, computers or other equipment and software prepared by Our Company to provide the Service) without authorization, or interfering with the use or operation of the same;
(8) Infringing the rights and/or interests of Our Company or third parties;
(9) Defaming or damaging the honor, trust, or privacy or interfering with business of Our Company or a third party by transmission or otherwise;
(11) Causing trouble for Our Company or interfering with the operation of the Website by way of transmitting messages etc. excessively, threating, harassing, or engaging in other actions that deviate from the purpose of using the Service; and
(12) Engaging in any other activities that Our Company deems inappropriate.
- When using the Website and/or the Service, the Member shall not be engaged in any activities that fall within or are likely to fall within the following items (1) through (10). Should Our Company become aware of any of such activities by the Member, Our Company may, at is discretion, suspend use by the Member of whole or part of the Website and the Service without notice to the Member, or disqualify membership.
(1) Using the Service or the Associated Service by impersonating a third party;
(2) Minor Member applies for proceeding for purchase of Goods by way of, for example, falsifying one’s age;
(3) Using registered email address and/or password for wrongful purpose;
(4) Returning the Goods without justifiable reason;
(5) Rejecting receipt of Goods without justifiable reason;
(6) Using the Goods for the purpose other than personal use for the Member himself/herself including duplicating, distributing, public transmitting, altering and/or granting license to a third party of whole or part of the Goods;
(7) Using the Goods without authorization of Our Company for business purpose (including displaying and accepting admission fee or the like), promotion, advertising, soliciting or otherwise using for the purpose of political and/or religious activities etc.;
(8) Activities violating Paragraph 2, Article 13;
(9) Transfer of the Goods in violation of the preceding Article; and
(10) Any other activities that Our Company deems inappropriate
Article 16 (Preparation of Facility etc.)
- The User shall, at its own expense and responsibility, prepare the communication equipment, software, and all other ancillary equipment necessary to use the Service. Further, the User shall prepare the telecommunication environment necessary to use the Service at its own expense and responsibility, and use the Service via any communication service of its choice.
- The User shall, at its own responsibility and expense, take security measures (e.g., prevention of computer virus infection, unauthorized access, and information leakage) appropriate to its own telecommunication environment.
Article 17 (Copyright etc.)
- The User cannot authorize any third party to engage in activities violating the preceding paragraph.
- Should a Member cause any damages to Our Company or any third party by violating this Article, the Member shall solve the problem at its responsibility and expense, and indemnify Our Company from any disadvantage or damage arising out of or in relation thereto.
Article 18 (Disclaimer in relation to Use of the Service etc.)
- In no event shall Our Company be responsible for any damages incurred by the Member arising out of or in relation to the Service unless there is cause attributable to Our Company.
- In no event shall Our Company be responsible for any damages incurred by the Member arising out of or in relation to the Associated Service.
- IN RELATION TO THE SERVICE AND THE ASSOCIATED SERVICE, ALL GUARANTEES, EITHER EXPRESSED OR IMPLIED, INCLUDING FUNCTIONALITY, PERFORMANCE, USEFULNESS, PROFITABILITY, ASSET VALUE, COMPATIBILITY WITH OTHER GOODS ETC., IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXRESSLY EXCLUDED.
- IN RELATION TO THE SERVICE AND THE ASSOCIATED SERVICE, ALL GUARANTEES, INCLUDING BUT NOT LIMITED TO COMPLETENESS, USEFULNESS, OR COMPATIBILITY WITH OTHER SERVICES, THE INEXISTENSE OF DEFECTS OR FAILURES, ARE EXPRESSLY EXCLUDED.
- In the event that a Member causes damage to Our Company, its affiliated companies, or a third party (including other Members) arising out of or in relation to the Service or the Associated Service, or in the event that a dispute arises between Our Company or its affiliated companies and a third party (including other Members), the Member shall solve the dispute at their own expense and responsibility, and indemnify Our Company from any such dispute arising out of or in relation to the Service or the Associated Service.
Article 19 (Delay, Suspension or Cessation of the Website and the Service)
- Our Company may temporarily delay, suspend, or cease the provision of all or part of the Website and the Service without prior notice to User:
(1) Because of periodic or emergency maintenance or inspection of the Website or the facility used to provide the Service;
(2) When force majeure including natural disaster prevents Our Company to provide the Website and the Service due to;
(3) For other reasons not attributable to our company; or
(4) When Our Company deems appropriate.
- Our Company makes efforts to ensure continuous operation of the Website and the Service, but shall have no further obligation. Therefore, in no event shall Our Company be responsible for any damages the User or a third party incurs arising out of or in relation to any items listed in the preceding paragraph.
Article 20 (Termination of the Service)
- Our Company may, at its discretion, terminate the provision of whole or part of the Website and the Service upon prior notice to the User.
- The notice to the User stated in the preceding paragraph shall be implemented by posting on the Website or other reasonable method.
- In no event shall Our Company be responsible for damages the User incurs arising out of or in relation to termination of the Website or the Service.
Article 21 (Others)
- Communication between Our Company and the Member shall be made basically by email in either in English or Japanese.
Article 22 (Supplementary Provision)
Enacted on February 26, 2021