Terms of Use

These Terms of Use (the "Terms") set forth the terms and conditions for the provision of the Service (as defined below), and the rights and obligations between the "Company" (as defined below) and the User (as defined below). You must agree to the Terms by reading the entirety before using the Service.


  1.  Scope
  2. The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Company and the User, and the Terms shall be applied to all aspects of the relationship between the User and the Company in connection with the Service.
  3. Any rules for use of the Service posted on our Website (the "Rules") shall constitute an integral part of the Terms.
  4. If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.


  1. Definitions
For purposes of the Terms, the following terms have the following meanings.
  1. "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Company and the User.
  2. "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
  3. "Company" means [Company's full legal name].
  4. "Website" means such website as may be from time to time operated by the Company (or if the domain name or content thereof is modified for any reasons, such modified website).
  5. "User" means any person or entity who use the Service.
  6. "Service" means the service provided by the Company under the name of [Gallery ETHER] (or if the name or content thereof is modified for any reasons, such modified service). Products and other related materials, etc. purchased by the User through the Service are referred to as the "Product”.


  1.  Service Agreement
The Company reserves the rights to refuse the use of the Service of any User without any obligation to disclose the reasons, in the event that:
  1. The User is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
  2. The User is determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
  3. The User is determined by the Company to be a party having violated any agreement with the Company, or to have been involved with such violating party;
  4. In addition to the foregoing, the Company deems the use of the Service by the User to be inappropriate.



  1. Purchase Product
  2. If the User wishes to purchase a product, the User shall apply for the purchase of the Product in accordance with the method designated by the Company.
  3. A purchase agreement for the Product in question between the User and the Company shall be formed when the Company sends an e-mail or notice to the User to the effect that the Company accepts the application in the preceding paragraph.
  4. Ownership of the Product in the preceding paragraph shall be transferred to the User at the time the Product is delivered.
  5. Delivery of the Product through the Service shall be limited within Japan.
  6. The Company shall be entitled to terminate the purchase agreement as described in Paragraph 2 if any of the following events occurs:
  7. If the User commits a breach of the Terms;
  8. If the User's credit card company informs the User that the User has defaulted on the credit card;
  9. If it becomes clear that the User's ability to pay is in jeopardy;
  10. If the Product cannot be easily delivered due to stock or other reasons;
  11. If the Product cannot be delivered due to an unknown delivery address, long-term absence, etc.
  12. The User shall have the rights to cancel or terminate the purchase agreement only if the User notifies the Company within * days of the execution of the Service Agreement.


  1. Fees and Payment Conditions
  2. In consideration for the Product, the User shall pay to the Company the fees as prescribed separately by the Company and indicated on the Website, pursuant to the payment conditions as designated by the Company.
  3. If the User fails to pay the aforementioned fees when due and payable, it shall be obligated to pay a default penalty at the rate of 14.6% per annum.


  1. Prohibited Actions
When using the Service, the User may not conduct any act that falls under, or is determined by the Company to fall under, any of the following:
  1. acts that violate any laws or regulations or that are associated with criminal activity;
  2. acts that defraud or threaten the Company, other Users or other third parties;
  3. acts against public order and good morals;
  4. acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Company, other Users or other third parties;
  5. acts that place an excessive burden on the network or system of the Service;
  6. acts to reverse-engineer or otherwise analyze the software or other systems provided by the Company;
  7. acts that are likely to interrupt the operation of the Service;
  8. acts to access the network or system of the Company improperly;
  9. acts to impersonate a third party;
  10. acts that cause disadvantage, damage or uncomfortable feelings to other Users of the Service or other third parties;
  11. acts to provide Antisocial Forces with profit;
  12. acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (11) above; 
  13. attempting to conduct any of the acts listed in Items (1) through (12) above; or
  14. other acts that the Company deems to be inappropriate.


  1.  Suspension of Service
The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Service, in whole or in part, in the event that:
  1. Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
  2. The Company becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
  3. The Company becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
  4. The Company determines that suspension or discontinuance is required for other reasons.


  1.  Ownership of Rights
Any and all IP Rights related to the Website and the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to the Website and the Service owned by the Company or its licensor.


  1.  Modification and Termination of the Service
The Company shall be entitled to at any time modify or terminate the Service in its own discretion.
 
  1. Disclaimer and Waiver of Warranties
  2. THE COMPANY MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service or the Product fits or is suitable for a particular purpose contemplated by the User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, or (iii) that the Service will be free of interruption or defects.
  3. The Company shall not be liable for the damages incurred by the User in relation to the Service in excess of the amount of the consideration paid by the User to the Company for the immediately preceding [6 months]. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
  4. Any transactions, communications and disputes arising between the User and other Users or a third party in connection with the Service or the Website shall be addressed and resolved by the User at its responsibility.


  1. Amendment
The Company reserves the right to amend or change the Terms when the Company finds it necessary. In the event of any amendment or change to the Terms, the Company shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the User of the same. Notwithstanding the foregoing, the Company shall obtain the User's consent in a manner specified by the Company for the amendment or change of the Terms that requires such consent under the applicable laws. 


  1. Notice
  2. Any communications or notices from the User to the Company, including but not limited to inquiries with respect to the Service, and any communications or notices from the Company to the User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Company.
  3. Any communication or notice made by the Company that is addressed to the e-mail address of the User, the User shall be deemed to be received by the User.


  1. Assignment
  2. The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Company.
  3. In cases where the Company transfers the business regarding the Service to a third party, the Company may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Company under the Terms and the information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.


  1. Severability
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.


  1. Governing Law and Jurisdiction
  2. The Terms shall be governed by the laws of Japan without regard to conflict of laws principles. 
  3. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court.