Terms of Service– 亀屋尺八

Terms of Service

Title

Last updated: December 2024

Summary

　This website is operated by KYGNUS Corporation. Throughout the site, the terms “we,” “us,” and “our” refer to KYGNUS Corporation. KYGNUS Corporation offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here.

　By accessing our site and/or making a purchase, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
　Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

　Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
　Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Terms of Service for Online Store

　By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given your consent to allow any of your minor dependents to use this site.

　You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

　You are prohibited from transmitting any worms, viruses, or any code of a destructive nature.

　Any breach or violation of the Terms will result in an immediate termination of your access to the Service.

2. General Terms

　This site reserves the right to refuse service to anyone at any time for any reason.

　You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

　You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

　The headings used in this document are included for convenience only and will not limit or otherwise affect these Terms.

3. Accuracy of Information

　We are not responsible if the information provided on this site is inaccurate. Any reliance on the material on this site is at your own risk.

　This site may contain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to the site.

4. Changes to Services and Prices

　Prices for our products are subject to change without notice.

　We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice.

　We shall not be liable to you or any third party for any damages arising from any modification, price change, suspension, or discontinuation of the Service.

5. Billing and Accuracy

　We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
　You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

6. User Submissions

　If, at our request, you send certain submissions (such as reviews) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
　We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service.
　You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

7. Error, Mistake

　The site or Service may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time without prior notice (including after you have submitted your order).

　We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

8. Prohibited Actions

　In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

9. Disclaimer of Warranties and Limitation of Liability

　We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

　We do not warrant that the results obtained from the use of the service will be accurate or reliable.

　You agree that we may, at any time, remove the service for an indefinite period or cancel the service without prior notice to you.
You expressly agree that your use of the service, or inability to use it, is at your sole risk. The service and all products and services delivered to you through the service are provided (except as expressly stated by us) "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
　In no case shall KYGNUS Corporation, our directors, officers, employees, or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
　Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

　You agree to indemnify, defend, and hold harmless KYGNUS Corporation and its officers, directors, employees, and service providers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

11. Severability Clause

　If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Cancellations, Returns, and Exchanges

・Cancellations・・Cancellations are accepted before the product is shipped. If you wish to cancel, please contact us promptly.

・Returns・・If the delivered product is different from your order or has a defect, we will accept returns at our expense for the return shipping costs. If you wish to return the product, please contact us within 7 days of receiving it. Returns or exchanges due to customer reasons (e.g., a mismatch with expectations or damage caused after delivery) are not accepted.

・Exchanges・・In the case of initial defects, we will exchange the product for an equivalent item. If you wish to request an exchange, please contact us within 7 days of receiving the product.

13. Termination of Terms of Service

　Any obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

　These Terms of Service shall remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or by ceasing to use our website.
If we determine, in our sole discretion, that you have violated or are suspected of violating any provision or condition of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our services (or any part thereof) accordingly, either for the period up to the termination date or thereafter.

14. Entire Agreement

　Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

　These Terms of Service, along with any policies or operating rules posted by us on this website or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. Governing Law

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

16. Changes to Terms of Service

　You can review the most current version of the Terms of Service at any time on this page.

　We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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