Last updated: September 26, 2017
THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND FULHOUSE, INC. (the “Company“) BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
The Services are offered by OrientalSouls.com enable you to experience and/or purchase authentic architectural hardware and other traditional products from Japan.
The Websites and all related Services are owned and operated by the Company. The Company reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Websites. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms.
- USE OF THE SERVICE
The Service is not intended for children under the age of 18. By using the Services, you affirm that you are at least 18 years of age. If you are under 18 years of age, then you must obtain your parent or guardian’s consent to use the Services and by using the Services you hereby represent that you have obtained such consent.
- SERVICE SECURITY
If you violate these Terms in any way, as determined in our sole discretion, we may terminate your right to use the Services without any liability to you. We reserve the right to investigate any alleged or suspected violations of these Terms and, if a criminal violation is suspected or harm to the Services or any other Users or person, property or thing is expected, anticipated or feared, then the Company may refer such suspected violations or activities to law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services. You hereby consent in advance to such disclosures and agree that you will not have any claims against the Company arising out of such disclosures to law enforcement agencies.
- Log in Credentials.In order to use certain functionalities of the Services (such as to purchase Products from the Website or make a Pledge as defined below), you will have to register with us in order to create an account or we may permit you to use the credentials of Third Party Sites, such as Facebook or Twitter. You are responsible for maintaining the confidentiality of your account credentials in order to use the Services, and are fully responsible for all activities that occur through the use of your credentials, including any purchases made through the Website. You agree to notify the Company immediately of any unauthorized use of your account credentials or any other breach of security with respect to your account.
- Accuracy of Information.You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by the Company. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, then the Company reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
- The Content made available on or through the Services (excluding User Content), may be protected by copyright or other intellectual property rights and owned by the Company or third party licensors of the Company. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content and Products, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of the Company or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to the Company
- All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to the Company or to other companies where so indicated. Unless otherwise permitted by law, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
- User Content.This section governs any User Content you upload or transmit to or through the Services:
- You are solely responsible for all User Content you submit to or through the Services. You must not upload or transmit any User Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Any User Content uploaded, linked to, or transmitted to or through the Services or to us via email will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by the Company any purpose or disclosed by us to any third party with or without notice to you and without any liability by us.
- Retention of Your Intellectual Property Rights.BY UPLOADING, LINKING TO OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES YOU ARE NOT – PURSUANT TO THESE TERMS – SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS IN YOUR USER CONTENT THAT YOU MAY HAVE. RATHER, YOU ARE MERELY GRANTING THE COMPANY (AND OTHER USERS AS DESCRIBED IN SECTION 22.214.171.124 BELOW) A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.
- License Grants.
- You hereby grant the Company an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), create derivative works from, modify (e.g., reformat), transmit to Third Party Sites, and otherwise use and exploit (collectively, “Use“) all User Content you link to or upload to or through the Services or to us through email, on and through the Services (including when the Services are made available through Third Party Sites), regardless of how such Services are delivered to Users, including through any technologies or distribution methods now known or hereafter created, and to advertise, market, and promote the Services and/or the availability of your User Content on the Services. You further grant the Company an irrevocable, perpetual, royalty-free license to Use your name, image, voice, likeness, and any information provided by any Third Party Sites whose credentials you use to access the Services in conjunction with advertising, marketing, or promoting the Services or the availability of your User Content. For clarity, the foregoing license does not extend to (A) General Feedback, and the Company’s license to such General Feedback is set forth in Section 7.3.6; and (B) Project Feedback, and the Company’s license to such Project Feedback is set forth in Section 126.96.36.199.
- Without limiting anything else in these Terms, if you send to any Project Owner (defined below) private messages about any of the Project Owner’s Projects and/or post comments on the Services about Projects that will be publicly viewable by other Users, then, in each case, you hereby grant the applicable recipient(s) a non-exclusive, perpetual (for the duration of any copyrights), irrevocable, transferable, sublicenseable, worldwide and royalty-free license to use, reproduce, create derivative works of, publicly display and perform, distribute, adapt, modify, combine with other materials or content and otherwise use and exploit your Project Feedback.
- Confirmation of Rights.The Company reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Content you upload to or transmit through the Services. If you fail to provide us with such confirmation upon request, then we reserve the right to remove or deny access to any or all of your User Content available on or through the Services and to suspend or terminate your account with the Company. We will have no liability to you for any actions taken by us pursuant to this Section 7.3.4.
- Representations and Warranties with Respect to Your User Content.By uploading or transmitting User Content to or through the Services, you hereby represent and warrant to the Company that (i) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (ii) the Use of such User Content in a manner consistent with these Terms will not (A) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (B) require the Company or any Third Party Site on or through which the Services is made available to pay any fees of any kind to any third party for any Use of your User Content.
- General Feedback.You further grant the Company a royalty-free license throughout the universe to Use, without any payment or accounting to you or any other third party, any concepts, know-how, ideas or inventions that you (and those who act on your behalf) upload or transmit to or through the Services or to us through email (but excluding any Project Feedback) (collectively, “General Feedback“).
- RELIANCE ON USER’S CONTENT
- Monitoring User Content.We do not control User Content accessible on or through the Services, and do not have any obligation to monitor User Content for any purpose. We also have no obligation to permit User Content to be made available on or through the Services. We may choose, in our sole discretion, to monitor, review, or otherwise access some or all User Content, but by doing so we nonetheless assume no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, or to monitor, review, or otherwise access other User Content. You acknowledge that we may remove any of your User Content from the Services at any time, with or without notice to you and without any liability to you, including for, by way of example and not limitation, any Objectionable Content (defined below).
- Reliance on Accuracy of User Content.You agree that you will evaluate and bear all risks associated with any User Content you obtain on or through the Services, including any reliance on the accuracy, completeness, usefulness or legality thereof. The Company makes no representations or warranties with respect to any User Content.
- No Endorsement.The Company does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any User Content. The opinions expressed in any User Content are to be attributed solely to the author thereof. Any reliance you place on any User Content is at your own risk.
- Products Sold by the Website
- The Company may offer products, including physical and digital goods, contents (the “Products“) for sale. You shall be responsible for the payment of any Product purchased by you through the Website (a “Transaction“), as well as any shipping costs, taxes or other fees associated with your Transactions.
- The Company reserves the right to immediately halt the offering or sale of any Products, in its sole and absolute discretion, without any liability to any User, and to correct any inaccurate listing or technical problems with any Products.
- All charges and payments for Transactions will be made in U.S. currency or Japanese Yen unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.
- Methods of Payment.Your Transactions can only be made using an approved payment method. You must be authorized to use the payment method used to make purchases through the Services. All Transactions made through the Services will be confirmed by an e-mail sent to the e-mail address affiliated with your User account.
- Published prices do not include duties or shipping and may be changed without notice at any time. You agree to indemnify and hold the Company harmless from any claims by any taxing authority arising out of your Transactions through the Services.
- ALL ORDERS IN THIS SITE ARE FINAL AND ARE NOT ELIGIBLE FOR CANCEL, EXCHANGE AND RETURNS UNLESS AN ITEM HAS DEFECTS, DAMAGES OR ANY OTHER INADEQUATE CONDITIONS. Contact us if items are damaged, wrong or in any inadequate conditions, then we will correspond in appropriate way such as return or exchange.
- Cancellation of Payments and Purchases.Payments and purchases may not be cancelled by you, except as required by law. However, the Company reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a Transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, then there may be a hold on your use of that transaction amount for several days.
- When you place an order for a physical Product, the Product will be shipped to the address you designated at the time of purchase.
- Products Sold by the Website
- PROHIBITED ACTIVITIES
In using the Services you agree not to:
- Create a false identify or impersonate another person or entity in any way;
- Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content;
- Upload or otherwise transmit to or through the Services any material that can cause harm or delay to the Service or computers of any kind;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise)
- Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
- Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any Content (including User Content) accessible on or through the Services, or features that enforce limitations on the use of the Services or any Content accessible on or through the Service;
- Use any scraper, spider, robot or other automated means of any kind to access the Services, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or Content (including User Content) on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
- Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
- Violate any applicable national, regional, federal, state or local laws or regulations or these Terms; or
- Assist or permit any persons in engaging in any of the activities described above.
- ADDITIONAL DISCLAIMERS
THE FOLLOWING TERMS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
- THE SERVICES AND ANY CONTENT AND PRODUCTS ACCESSIBLE ON AND THROUGH THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED BY THE COMPANY ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
- THE COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, AN EMPLOYEE OR REPRESENTATIVE OF THE COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. THE COMPANY AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN CONTENT AND PRODUCTS THROUGH THE SERVICES OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR PRODUCTS. ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES, WHETHER PURCHASED FROM THE COMPANY OR A THIRD PARTY, ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
- TERMS AND TERMINATION
- These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect until terminated as set forth below.
- Termination by the Company.The Company may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, including, but not limited to, for conduct violating these Terms or upon THE COMPANY’s sole determination as necessary to protect the Services, other Users of the Services, or the Company or its partners and affiliates. You hereby agree to the Company’s broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, then you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, then you will indemnify and hold us harmless from any and all liability that we may incur therefor.
- Termination by You.You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an e-mail to email@example.com or using any other account termination functionality that may be offered through the Services.
- DISPUTE RESOLUTION
The parties hereto submit to the exclusive jurisdiction of the Kobe District Court of Japan in respect to all controversies arising from or in relation to the Terms or the Service.
- GOVERNING LAW
The Terms and the Service shall be governed by and construed in accordance with the laws of Japan without reference to principles of conflict of laws.