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1. General Provisions
These Terms of Use set forth the terms and conditions that apply when customers conduct transactions, such as the purchasing of products, on services offered by Exclamation Limited (hereinafter, “COMPANY”).
Regarding customer use of SERVICES, in addition to these Terms of Use, COMPANY may set forth special provisions regarding the use of individual services, subordinate terms hereto, guidelines, and other policies. Any subordinate clauses, guidelines, or other addendums hereto shall constitute a part of these Terms of Use, collectively referred to as “Terms of Use, etc.,” and shall apply to customer use of SERVICES.
Customers agree to Terms of Use, etc. by their use of SERVICES.
2. Use of SERVICES by Exclamation Limited Members
If a customer is an Exclamation Limited member who has registered an account pursuant to the Exclamation Limited Members Terms of Use, the customer shall be entitled to use a variety of services oriented toward Exclamation Limited members including coupon services subject to the Coupon Terms of Use and the point incentive program subject to the Exclamation Limited Reward Point Terms of Use.
3. Addition, Modification, etc., of Supplementary Services
COMPANY may add supplementary services (hereinafter, “Supplementary Services”) to SERVICES at its own discretion or modify the specifics of such services without providing prior notice to customers. When using such services, customers shall comply with the Terms of Uses, guidelines, and other policies that apply to the service after the addition or modification thereof.
4. Notifications
Notifications, etc., regarding SERVICES to customers from COMPANY shall be sent electronically to the email address entered under the latest registration information for Exclamation Limited members or entered by customers upon purchase; posted on websites pertaining to SERVICES; or provided via other methods deemed appropriate by COMPANY.
When notifications are provided electronically by COMPANY and COMPANY sends an email to the email address specified in the preceding Section, the customer agrees in advance that the notification shall be considered as having been delivered either when the email became viewable by the customer, or 24 hours after the email was sent by COMPANY, whichever is the earlier of the two.
5. Correspondence and Advertising
COMPANY may contact customers via phone, email, or other methods for the purpose of conducting feedback surveys regarding SERVICES; investigating the status, etc., of transactions; or interviewing the customer, etc.
COMPANY may, in compliance with laws and regulations, contact customers via phone, email, post, or other methods for the purpose of notifying customers of campaigns regarding SERVICES, advertising and marketing, and other related tasks.
6. Use of SERVICES by Minors and Juveniles
Customers who have yet to attain to the age of majority shall use SERVICES only after receiving consent from a parent or guardian.
The preceding Clause notwithstanding, if a customer under the age of majority is discovered to be using SERVICES without the consent of a parent or guardian, COMPANY shall be entitled to take any of the responses set forth below, either in whole or in part, without notifying the customer in advance.
Suspend the use of SERVICES by the customer and suspend or revoke Exclamation Limited membership privileges pursuant to the Exclamation Limited Members Terms of Use.
7. Prohibitions
Customers shall be prohibited from engaging in any behavior set forth below when using SERVICES:
1. Violating any laws or regulations; court rulings, decisions, or orders; or legally-binding motions by the government,
2. Damaging the public order or breaking standards of decency,
3. Contributing to the benefit of any antisocial forces (gangs, etc.) or otherwise collaborating with such groups,
4. Transferring earnings made through criminal activities and aiding, abetting, or otherwise contributing thereto,
5. Posing as a third party or intentionally sending false information,
6. Filing a request to purchase any product without the intent to purchase the product,
7. Refusing to accept a product without justifiable grounds,
8. Returning, etc., products without justifiable grounds,
9. Engaging in self-dealing, inside trading among interested parties, or engaging in fictitious transactions,
10. Obtaining points through unauthorized means or using points for illicit purposes,
11. Inconveniencing or infringing upon the rights of COMPANY, COMPANY’s group companies, Shops, other customers, or any third parties,
12. Engaging in unauthorized access or abetting such access,
13. Provoking any malfunction or disruption of SERVICES,
14. Causing SERVICES to function in a way that uses generally unintended bugs, or using, creating, or distributing any external tool(s) that cause generally unintended effects,
15. Placing excess load on any servers, computers, etc., of COMPANY, COMPANY’s group companies, Shops, or other customers.
16. Sending or circulating any malicious program including computer viruses to COMPANY, COMPANY’s group companies, Shops, other customers, or any third party,
17. Interfering with the operation of SERVICES,
18. Using SERVICES with illicit intent,
19. Violating these Terms of Use or engaging in behavior contrary to the intent and purpose of SERVICES,
20. Violating the Exclamation Limited Members Terms and Conditions or any other terms and conditions, guidelines, or other policies set forth by COMPANY, or
21. Engaging in any activity otherwise deemed inappropriate by COMPANY
In the event that a customer violates any of the provisions set forth in the preceding Section or fails to service any debts or liabilities owed to Shops or COMPANY, COMPANY shall be entitled to take any of the following actions, either in whole or in part, without providing prior notice to the customer:
1. Suspend the use of SERVICES by the customer and suspend or revoke Exclamation Limited membership privileges pursuant to the Exclamation Limited Members Terms of Use
2. Suspend the servicing of transactions including the shipment, etc., of products, or demanding Shops to suspend such transactions,
3. Demand payment from the customer via a different payment method than the method selected by the customer at the time of order, or
4. Revoke points, coupons, or other benefits from the customer and order the return of undo gains
COMPANY bears no responsibility for any damages incurred by the customer due to taking any action set forth in the preceding Section.
If COMPANY incurs any damages or loss as the result of a customer violating Section 1, the customer shall return to COMPANY all benefits attained as the result of violating the provisions of Section 1 and must compensate immediately for any damages incurred.
8. Treatment of Personal Information
COMPANY shall properly handle all personal information obtained through the use of SERVICES by customers pursuant to COMPANY’s Personal Information Protection Policy (http://www.esdhkshop.com/index.php?route=information/information&information_id=3).
9. Non-Assignment
Customers shall not transfer or rent any rights or obligations pertaining to the use of SERVICES to any third party.
10. Indemnities
COMPANY bears no responsibility for any damages incurred by customers if SERVICES are suspended, either in whole or in part, due to: natural disasters; war; terrorist attacks; riots; establishment, revision, or repeal of laws, regulations, or rules; interference or order(s) by a government agency; infectious disease epidemics; power outages; disruption, delay, termination, loss of data, or unauthorized access of data due to system maintenance, dysfunction, or otherwise, of communication lines, computers, etc.; accidents by transportation agencies or organizations; labor disputes; or force majeure events, etc., such as equipment accidents.
COMPANY’s responsibilities herein shall be limited to the operation of SERVICES with reasonable effort, and COMPANY shall bear no responsibility and makes no guarantees of the accuracy, instantaneity, utility, reliability, legality, or conformity with particular purposes of SERVICES (including web pages operated by Shops), nor does COMPANY bear any responsibility or make any guarantees that no third party rights have been infringed.
COMPANY makes no guarantees that emails and content sent from COMPANY’s web pages, servers, domains, etc., do not contain malicious content such as computer viruses.
COMPANY may provide information to customers and Shops; however, COMPANY shall bear no responsibility for actions that utilize such information.
COMPANY shall bear no responsibility for any damages incurred as the result of customers violating these Terms of Use, etc.
Upon using SERVICES, customers must prepare and maintain at their own expense a client-side operating environment including the network, computer, software, etc., used by the customer. COMPANY shall bear no responsibility for any damages, etc., incurred due to the customer’s operating environment, etc., or due to the maintenance, etc., thereof.
If COMPANY bears responsibility to a customer in association with the use of SERVICES by the customer, COMPANY shall compensate only normal and direct damages actually incurred by the customer, unless COMPANY caused such damages as the result of willful intent or gross negligence. With respect to damages incurred as the result of special circumstances (including situations in which damages were anticipated or could have been anticipated), COMPANY shall bear no responsibility.
11. Suspension/Termination
COMPANY shall be entitled to suspend or terminate the provision of SERVICES or Supplementary Services thereto to any particular customer or all customers at any time without prior notice. COMPANY shall bear no responsibility for any damages or loss incurred by the customer as the result of the suspension or termination of SERVICES.
12. Revision of Terms of Use
COMPANY shall be entitled to revise these Terms of Uses, etc., at any time without prior notice to customers. After revision hereof, these Terms of Use shall become effective when COMPANY posts the Terms of Use to its designated website (or the date specified by COMPANY if a separate effective date for these Terms of Use is specified). Following revision hereof, use of SERVICES shall indicate customer consent to the Terms of Use after the revisions.
