Terms and Conditions

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This website for SENSEGRAPHIA (the “Site”) is owned and operated by Eriko Kaniwa (may be referred to herein as “We”). By using the Site you agree to the following Terms and Conditions, which constitute an agreement between you and the respective owners and operators of the Site with respect to the use of the Site and the purchase of any products or services from or through the Site. You confirm that you are at least twenty (20) years of age.

We may change these terms from time to time. Notwithstanding your agreement, in our sole discretion, we reserve the right to refuse service to any person, as well as our rights to amend and edit content included in the Site and to terminate your right to access or use the Site.

Intellectual Property Rights
You acknowledge and agree that the Site contains proprietary information and intellectual property right that are protected under the laws of Japan and international intellectual property laws, including the laws of copyright and trademark. As between you and us, the Site, and all Site content shall be the sole and exclusive property of us. We are granting you no right, title or interest in or to the Site or any Site content. In the event that you provide any user review or other feedback, we will own that feedback and review as well as any actions we take in response to that feedback and review, without any obligation to compensate you.

Except as expressly authorized by us or our licensors, you agree not to:
1) sell, rewrite, modify, redistribute, create derivative works from the Site content in whole or in part;
2) collect content or other information, including using any automated means (such as harvesting bots, or robots) without our permission;
3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site and our affiliates without express written consent;
4) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent;
5) reverse engineer, modify, decompile or disassemble any aspect of the Site, including any technology used in connection with the Site;
6) attempt to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected;
7) emulate or fake usage of the Site; or
8) violate, or assist or otherwise encourage any other party to, violate these Terms and Conditions.

Privacy and Personal Information
In connection with your use of the Site we may collect, obtain and maintain personal information about you in accordance with our Privacy Policy. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. You can review our Privacy Policy on the Site. We updated our Privacy Policy due to GDPR came into effect on 25th May 2018.

Account and Security
If the Site requires or provides you with the option to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. In the event that you must choose a password and username, you are solely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Indemnification
You will indemnify, defend, and hold us, agents and representatives (collectively “Indemnified Parties”), harmless from and against any and all loss, liability, claim, demand, damage, cost and expense (including attorneys’, experts’, and professional advisors’ costs and fees), arising out of: 1) your use of the Site; 2) your breach of these Terms and Conditions; and 3) your violation of any applicable Japanese or foreign law, or the rights of a third party. The Indemnified Parties will have the right, but not the obligation, to participate and/or control through counsel of its choice in any defense by you of any claim to which this indemnity may apply. You may not settle any claim or admit any liability on the part of the Indemnified Party.

LIMITED WARRANTIES
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SITE, THE SERVICES OFFERED THEREON, SITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE), THE SERVICES OFFERED THEREON, THE SITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE SITE, AND IN ANY PRODUCT OR SERVICE PURCHASED FROM OR THROUGH THE SITE. WE DO NOT WARRANT: THAT THE FUNCTIONS PERFORMED BY ON OR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR THAT DEFECTS IN THE SITE WILL BE CORRECTED; OR THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR THAT ANY ERRORS IN THE SITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES OR PRODUCTS OFFERED THEREON, AND THE SITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF: 1) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SITE, THE SERVICES OR PRODUCTS OFFERED THEREON OR THIS AGREEMENT; 2) INABILITY TO USE THE SITE, THE SERVICES OR PRODUCTS OFFERED THEREON, THE SITE CONTENT OR ANY OTHER CONTENT; 3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; 4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, ANY PRODUCT OR SERVICE OFFERED THROUGH THE SITE, THE SITE CONTENT AND/OR ANY OTHER CONTENT; 5) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, 6) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE 7) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED FROM OR THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR 8) THE SITE, ANY OTHER MATTER RELATING TO THE SITE, USE OF THE SITE, THE SERVICES OFFERED THEREON OR ANY OTHER CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS INCLUDED IN THESE TERMS OF USE ALSO APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE.

Payment and Processing
You are required to provide all information necessary to use the Site and to complete any order. Payment of your order will be processed upon submission of your order through the Site and you authorize us to share your information as is necessary to process your order and payments. We may refuse or cancel any order for any reason (including, but not limited to, pricing errors) without any liability, and in event of any such cancellation your sole recourse and remedy shall be the return of all amounts paid by you for such order.

Sale and Return
Any order you place through the Site is considered to be a binding offer by you to purchase the items ordered through the Site, and your offer becomes a binding agreement upon our acceptance of your order on the Site. You agree that your order may be subject to applicable taxes which are in addition to the sale price of your order. You shall be responsible for all applicable taxes on your order. All sales are final, non-refundable and non-returnable.

We reserve the right to change prices, terms, specifications and warranties for products on the Site at any time without prior notice. While We will attempt to ensure that pricing and other product information is accurate, errors may sometimes occur. When any errors in product specifications, descriptions, and pricing are discovered by us, We reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, We will inform you of the error at which time you may cancel or reaffirm your order at your option.

Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan without regard to choice of law principles. Any case, controversy, action or dispute relating in any way to these Terms of Use or your visit to or use of the Site shall be subject to the exclusive jurisdiction of the Tokyo district courts in Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Changes to the Site
We may modify the Site, these Terms and Conditions at any time in our sole discretion. Therefore, you should review our policies, Terms and Conditions each time you visit the Site. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes.

Questions or Inquiries
For questions or inquiries about the Site or these Terms and Conditions, please fill in the form in the CONTACT section of the Site.

Last update: May. 2023

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