Terms of Use

These terms and conditions of use (hereinafter referred to as the "Terms of Use") set forth the terms and conditions for providing services (hereinafter referred to as the "Services") on the website "Dear Art" (hereinafter referred to as the "Site") operated by Loin, Inc. (hereinafter referred to as "Loin") and the terms and conditions of use between Loin and Registered User. When using the Services, you must read the full text of the Terms of Use and agree to the Terms of Use.

Article 1 (Application)

1.

The purpose of the Terms of Use is to set forth the terms and conditions for providing the Services and the rights and obligations between Loin and Registered User regarding the use of the Services, and the Terms of Use shall apply to any and all relationships between Registered User and Loin regarding the use of the Services.
2.

Individual provisions set forth separately by Loin by posting on the Services or otherwise and additional provisions notified by Loin to Registered User from time to time (hereinafter collectively referred to as the "Individual Provisions, etc.") shall constitute a part of the Terms of Use.
3.

If the contents of the Terms of Use differ from the description, etc. of the Services by the Individual Provisions, etc. and anything other than the Terms of Use, the provisions of the Terms of Use shall prevail.

Article 2 (Definitions)

The following terms used in the Terms of Use shall have the meanings set forth below, respectively.

(1)

"Service Agreement" means an agreement made and entered into by and between Loin and Registered User with respect to the use of the Services subject to the Terms of Use.
(2)

"Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights and to file applications for registrations, etc. for such rights).
(3)

"Posted Data" means contents (including, but not limited to, text, images, video, or other data) posted or otherwise sent by Registered User using the Services.
(4)

"Registered User" means any person or entity registered as a user of the Services under Article 3.
(5)

"Seller" means a business operator which, after contracting with Loin, displays works in the Site.
(6)

"Contents" mean the description, etc. of the work sold by Seller.

Article 3 (Registration)

1.

Any person who wishes to use the Services (hereinafter referred to as the "Registration Wisher") may apply to Loin for the registration of use of the Services by agreeing to comply with the Terms of Use and providing Loin with certain information designated by Loin (hereinafter referred to as the "Registration Matters") in a manner designated by Loin.
2.

In accordance with Loin criteria, Loin shall decide whether or not to register the Registration Wisher who has applied for the registration under paragraph 1 (hereinafter referred to as the "Registration Applicant") and shall notify the Registration Applicant if Loin approves the registration. The registration as a Registered User of the Registration Applicant shall be completed upon the notification by Loin under this paragraph.
3.

Upon completion of the registration set forth in the preceding paragraph, the Service Agreement shall come into effect between the Registered User and Loin, and the Registered User will be able to use the Services in accordance with the Terms of Use.
4.

Loin may refuse to register or re-register the Registration Applicant for any of the following reasons, and will not be obliged to disclose any of the reasons.
(1)

In the event any Registration Matters provided to Loin is false, erroneous, or omitted to be described in whole or in part
(2)

A person who is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent, etc. of a statutory agent, guardian, curator, or assistant
(3)

When Loin has determined that the Registration Applicant is an anti-social forces, etc. (meaning an organized crime group, a member of an organized crime group, a rightist group, an anti-social forces, or any other person equivalent thereto; the same shall apply hereinafter) or has had any exchange or involvement with an anti-social forces, etc., such as cooperating or engaging in the maintenance, operation, or management of an anti-social forces, etc. through funding or other means
(4)

In the event Loin determines that the Registration Applicant has violated a contract with Loin or is a related person to the contract violator
(5)

Where measures specified in Article 16 have been taken to the Registration Applicant
(6)

In the event Loin otherwise determines that the registration is not appropriate.

Article 4 (Change of Registration Matters)

In the event of any change of the Registration Matters, Registered User shall notify Loin of the change of the Registration Matters without delay in the manner determined by Loin.

Article 5 (Management of Passwords and Registered User IDs)

1.

Registered User shall, on its own responsibility, properly manage and retain its passwords and Registered User IDs relating to the Services and shall not allow any third party to use them or lease, transfer, change the name of, trade, etc. them to any third party
2.

Registered User shall be responsible for damages caused by inadequate management, use errors, use by a third party, and others of passwords or Registered User IDs.

Article 6 (Purchase Application and Establishment of Sales Contract)

1.

If Registered User wishes to purchase a work, it shall make an inquiry through Loin to Seller of the work in accordance with the manners separately designated by Loin and apply for the purchase of the work after confirming the terms of purchase (availability of stock, delivery destination, purchase price, order details, etc.). Provided, however, that Registered User agrees in advance that it may not be able to purchase the work due to insufficient inventory of the work or other reasons.
2.

After the application set forth in the preceding paragraph has been submitted and the terms of purchase have been finalized with Seller, Loin shall send a link to a website for the entry of payment information or Loin account information required for transfer by e-mail. After receipt of the e-mail, the payment shall be made by the prescribed payment manner, and the order shall be completed upon confirmation of the completion of the payment by Loin.
3.

After completion of the order, Loin shall pay according to the payment manner stipulated in the following Article, and upon completion of the payment, a sales contract for such work shall be established between the Registered User and Seller.
4.

Upon completion of the payment, the Registered User who purchased the work ceases to be liable to pay for the work to Seller.
5.

Registered User may not assign or mortgage or otherwise dispose of the rights and obligations arising under the sales contract to any third party.
6.

In the event of misconduct or improper conduct in connection with the use of the Services, Loin and Seller may cancel, terminate, or take other appropriate measures with respect to the sales contract.

Article 7 (Payment Manner)

1.

Registered User shall pay, as the amount to be paid for the work, the final amount presented by Seller based on the price for the work displayed on the respective work page, in Japanese Yen and in the manner specified by Loin. In addition, Registered User shall also pay delivery fee, transportation insurance fee, and if necessary, unpacking fee, waste material removal fee, the cost for frame decoration, etc.
2.

The price of the work displayed on each work page is the price at the time of the start of the display and may vary depending on the market conditions, etc. In addition, the price of the work may be indicated in a range. The amount actually charged for Registered User who purchases the work is the amount finally submitted by Seller following inquiries. Please note that there is no compensation for the difference between the price indicated on the site and the amount at the time of payment.
3.

If the Language Change Button on the Site is used, the price of each work changes to the corresponding monetary unit for each language. The prices shown here are displayed by referring to the exchange rate at the time, so the prices may fluctuate in accordance with the fluctuations in the exchange rate. Please note that there is no compensation for fluctuations in prices due to fluctuations in exchange rates.

Article 8 (Revocation and Cancellation of Order)

Revocation and cancellation of orders shall be accepted only during the period from the application by Registered User to purchase the work until the completion of the payment by the Registered User for the work. During the period between the preparation for delivery of the work and the arrival of the work, orders for the work may not be revoked or cancelled except for reasons attributable to Loin.

Article 9 (Non-payment and Delay in Payment, etc.)

In the event that Registered User fails to make or delays the required payments in accordance with the Terms of Use, Loin may, without notice to such Registered User, suspend the use of the Services by such Registered User, and Loin and Seller may cancel, terminate, suspend the performance of the sales contract or otherwise take appropriate measures.

Article 10 (Shipping, etc.)

The shipment and transportation of the work shall be made by Loin or a company designated by Loin after Registered User has completed the payment for the work.

Article 11 (Receipt and Delivery of Works)

1.

Registered User who purchased the work acknowledges that it is obligated to receive the purchased work at the address registered as member information or at the location specified by the Registered User when Loin contacts via e-mail. If the Registered User fails to receive the work on the delivery date, the Registered User shall promptly take re-delivery procedure by the re-delivery deadline and receive the work. The Registered User acknowledges that any breach of its obligations of receipt may result in the termination of the sales contract for the purchased work, and the Registered User may bear or be charged by Loin the cost of transporting the work.
2.

Registered User acknowledges that, after the purchase of the work, if Loin may not reach the Registered User by the Registered User's registered contacts information, the sale contract for the purchased work may be terminated, and in which event the Registered User may bear or be charged by Loin the cost of transporting the work.
3.

Upon receipt of the work, Registered User who purchased the work must immediately unpack the work after taking a photograph of the packed work before unpack, and ensure that it is free from defects, that it is not different from the work ordered, and that it is not damaged during delivery, and otherwise that there is no abnormality in the work.
4.

The work shall be delivered to the address registered as member information of the Registered User or at the location specified by the Registered User upon e-mail contact from Loin, and such delivery of the work shall result in the completion of the delivery of the work.

Article 12 (Return and Replacement, etc.)

Loin does not accept the return or exchange, etc. of the work. Provided, however, that in the event of any of the following, Seller shall respond to the return and replacement, etc. of the work through Loin in accordance with the Insurance Company's findings, subject to the Registered User's compliance with Article 11, Paragraph 3, and subject to the Registered Use’s sending to Loin by e-mail photographs of the status before and after unpacking as separately designated by Loin, as well as other insurer-designated materials, and subject to any other procedures designated by Loin.

(1)

In the event of any defect in the work
(2)

When any work that is different from the work ordered arrives
(3)

In the case of the work damaged during delivery

Article 13 (Prohibited Matters)

When using the Services, Registered User must not commit any act falling under any of the following items or any act deemed by Loin to fall under any of the following items.

(1)

Acts in violation of laws and regulations or acts related to criminal acts
(2)

Fraud or intimidation against Loin, other users of the Services or other third parties
(3)

Acts contrary to public order and morality
(4)

Acts that infringe upon Intellectual Property Rights, portrait rights, privacy rights, reputations, or other rights or interests of Loin, other users of the Services or other third parties
(5)

Throughout the Services, to send to Loin or other users of the Services any information which falls under or which Loin considers to fall under any of the following
・

Information that contains excessively violent or cruel expressions
・

Information containing computer viruses and other harmful computer programs
・

Information containing expressions that are detrimental to the reputation or credit of Loin, other users of the Services or other third parties
・

Information that contains excessively obscene expressions
・

Information that contains expressions that facilitate discrimination
・

Information that includes expressions that facilitate suicide or self-injurious behavior
・

Information that includes expressions that facilitate the inappropriate use of drugs
・

Information that includes antisocial expressions
・

Information requesting the spread of information to third parties, such as chain mails
・

Information that contains expressions that make others feel discomfort
(6)

Acts of imposing an excessive burden on the networks or systems, etc. of the Services
(7)

Reverse engineering and other analytical activities for software and other systems provided by Loin
(8)

Acts that may interfere with the operation of the Services
(9)

Unauthorized accesses to Loin networks or systems, etc.
(10)

The act of pretending to be a third party
(11)

Purchase by a third party as an agent * If there are special circumstances, please consult with Loin prior to purchasing the work.
(12)

Acts that use the IDs or passwords of other users of the Services
(13)

Advertising, promotion, soliciting or doing business on the Services without the prior permission by Loin
(14)

Collection of data from other users of the Services
(15)

Acts that cause disadvantage, damage, or discomfort to Loin, other users of the Services or other third parties
(16)

Acts that conflict with the Terms of Use or Individual Provisions, etc.
(17)

Provision of benefits to anti-social forces, etc.
(18)

Acts of causing or facilitating the acts set forth in any of the preceding items directly or indirectly
(19)

Attempting any act set forth in the preceding items
(20)

Other acts deemed by Loin to be inappropriate.

Article 14 (Suspension of the Services, etc.)

Loin may suspend or interrupt the provision of the Services, in whole or in part, without prior notice to Registered User, if:

(1)

Any urgent inspections or maintenance of computer systems pertaining to the Services is conducted;
(2)

The Services is unable to be operated due to failures, operational errors, excessive access concentration, unauthorized access, hacking, etc. of computer or communication line, etc.
(3)

The Services cannot be operated due to force majeure such as earthquakes, lightning, fires, wind and flood damages, power outages, or acts of God; or
(4)

Loin otherwise determines that suspension or interruption is required.

Article 15 (Vesting of Rights)

1.

All Intellectual Property Rights with respect to Loin website and the Services belong to Loin or any entity which grants a license to Loin, and the permission to use the Services under the Terms of Use does not grant a license to use the intellectual property rights of Loin or any entity which grants a license to Loin with respect to Loin website or the Services.
2.

Registered User represents and warrants to Loin that it has the lawful right to post or otherwise transmit Posted Data and that Posted Data does not infringe any rights of any third party.
3.

Registered User grants Loin a worldwide, non-exclusive, free, sublicensable and transferable license to use, reproduce and distribute Posted Data and create, display and perform derivative works of Posted Data. Registered User also grants to other Registered User a non-exclusive license to use, reproduce and distribute Posted Data and create, display and perform derivative works of Posted Data posted or otherwise transmitted by the Registered User using the Services.
4.

Registered User agrees that it shall not exercise the moral rights of author against Loin and any successor or licensee of rights from Loin.

Article 16(Deletion of Registration, etc.)

If Registered User falls under any of the following circumstances, Loin may temporarily suspend the use of the Services by such Registered User or delete the registration of such Registered User, without prior notice or demand.

(1)

Breachs of any of the provisions of the Terms of Use
(2)

Cases where it is found that Registration Matters contains false facts
(3)

In the event of suspension of payment or insolvency or petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or commencement of similar proceedings
(4)

When the Services is not used for one year or more
(5)

If there is no response for 30 days or more to inquiries from Loin or any other communication requesting a response
(6)

Cases falling under any of the items of Article 3(4)
(7)

Otherwise, Loin considers it inappropriate to continue using the Services or registering as a Registered User.

Article 17(Withdrawal)

1.

Registered User may withdraw from the Services and cancel his/her registration as a Registered User upon completion of the procedures prescribed by Loin.
2.

The handling of user information after withdrawal shall be subject to the provisions of Article 21.

Article 18 (Change and Termination of Contents of the Services)

1.

Loin may change the contents of or terminate the provision of the Services for the convenience of Loin.
2.

If Loin terminates the provision of the Services, Loin must notify Registered User in advance.

Article 19 (No Warranty and Exemption, etc.)

1.

Transactions on the Services (including purchasing works, application for purchase and otherwise manifesting the intention relating to transactions, and the same shall apply hereafter) shall be made between Registered User and Seller, and Loin is not a party to such contract. Loin disclaims any warranty or liability for the Services and quality, material, function, performance, compatibility with other works, or any defect of the work sold through the Services, as well as any damages, losses, or disadvantages, etc. resulting therefrom. Any dispute between Registered User and Seller concerning the work shall be resolved between the Registered User and the Seller. Provided, however, that at the discretion of Loin, Loin may also enter into consultations.
2.

The prices and contents of the works may differ from the information provided by the same Seller on other sites, and Loin does not warrant that the terms of business contained in the Site are the most advantageous terms for Registered User.
3.

Loin does not warrant the authenticity, updatability, certainty, usefulness, etc. of photographs, images, data, or advisories provided by Loin or Seller.
4.

Registered User shall resolve on its own responsibility any transactions, communications, disputes, etc. arising between the Registered User and other Registered User or third parties in connection with the Services or Loin website.
5.

Loin shall perform its obligation to deliver the work and shall be exempted from such obligation by contacting the Registered User's registered contacts and delivering the work to the delivery destination designated when purchasing the work in the event of troubles due to unidentified delivery address, etc.
6.

Loin shall not be liable for any damages suffered by Registered User if the Registered User violates Article 22.
7.

Even if Loin is liable for damages, except in cases of willful misconduct or gross negligence on the part of Loin, Loin shall be liable for damages incurred by the user directly and in reality, up to the amount equivalent to the price of the work in connection with the damages, and shall not be liable for any damages (including any damages that was or could be foreseen) arising out of any special circumstances.

Article 20 (Confidentiality)

Registered User shall treat as confidential any non-public information disclosed by Loin to the Registered User in connection with the Services and demanded to be treated as confidential, except with Loin's prior written approval.

Article 21 (Handling of User Information)

1.

User information of Registered User shall be treated by Loin in accordance with Loin Privacy Policy （https://dearart.jp/en/privacy）, and Registered User agrees that Loin handles user information of Registered User in accordance with the Privacy Policy.
2.

Loin may use and publish the information, data, etc. provided to Loin by Registered User, as statistical information incapable of specifying individuals, at the discretion of Loin, and Registered User shall not make an objection to this.

Article 22 (Use from Overseas)

1.

Registered User shall comply with all applicable local, state, and national laws and regulations, treaties, international laws and any other applicable laws and regulations in accessing and using the Services when located outside Japan or when requesting the shipment of the purchased work to the area outside Japan.
2.

Registered User shall not make use of the Services nor buy a work if any of the applicable local, state, and national laws and regulations, treaties, international laws and any other laws and regulations prohibits the Registered User from receiving a work displayed on the Services.
3.

In the event that Registered User incurs customs duties, consumption tax, other taxes, and any related costs such as customs clearance fees under applicable laws and regulations as a result of overseas deliveries, the Registered User shall also pay such taxes and costs, apart from the price of the work.

Article 23 (Change of the Terms of Use, etc.)

Loin may change the Terms of Use in accordance with the provisions of Article 548-4 of the Civil Code if Loin deems it necessary. When changing the Terms of Use, Loin shall inform the effective date and contents of the changed Terms of Use by posting it on Loin website or by other appropriate methods, or send a notice to Registered User. Provided, however, that in the event of a change in content that requires the consent of Registered User in accordance with laws and regulations, the consent of Registered User must be obtained in the manner prescribed by Loin.

Article 24 (Communication or Notice)

1.

Any inquiries regarding the Services or other communications or notices from Registered User to Loin, and notices of the Terms of Use changes or other communications or notices from Loin to Registered User shall be made in the manner set forth by Loin.
2.

If Loin contacts or notifies the email address or other contacts included in the Registration Matters, the Registered User shall be deemed to have received such contacts or notifications.

Article 25(Assignment, etc. of Status under Service Agreement)

1.

Registered User may not assign, transfer, pledge, or otherwise dispose of the status under the Service Agreement or any rights or obligations under the Terms Use to any third party without the prior written consent of Loin.
2.

In the event Loin transfers its business related to the Services to another company, it may transfer to the transferee of such business transfer the status under the Service Agreement, the rights and obligations under the Terms of Use, Registration Matters of Registered User and other customer information in connection with such business transfer, and Registered User shall be deemed to agree to such transfer in advance in this paragraph. In addition, the business transfer stipulated in this paragraph includes not only ordinary business transfer but also company split and all other cases where the business is transferred.

Article 26 (Severability)

If any provision of the Terms of Use or any part thereof is held to be invalid or unenforceable under the Consumer Contract Act or any other laws or regulations, etc., the remaining provisions of the Terms of Use and the remaining part of the provision which is determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 27 (Governing Law and Court of Jurisdiction)

1.

The Terms of Use and any agreement between Loin and Registered User based on the Terms of Use shall be governed by the laws of Japan.
2.

Tokyo District Court shall have exclusive jurisdiction for the first instance over any and all disputes arising out of or relating to the Terms of Use and any agreement between Loin and Registered User based on the Terms of Use.

Article 28 (Language)

The Terms of Use is written in Japanese and is translated into other languages. The Japanese version is the original, and any other language version is prepared as a reference. In the event of any conflict between these language versions, the Japanese version shall prevail.

Date of last update: June 18, 2021

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