The Terms of Use of Rinkak

Welcome to “Rinkak”.

This Terms of Use of rinkak (the “Terms of Use”) set forth matters including registration of the User and terms and conditions of use with respect to the system, application, API and any other services (the “Service”) provided on 3D manufacturing market which is called “Rinkak” (http://www.rinkak.com) operated by kabuku Inc. (the “Company”). The User shall agree to all of the Terms of Use in order to use the Service, and the User shall be deemed to have agreed to the Terms of Use once the User uses the Service.

The Company has created the Terms of Use to be read by the Users so that the Company will create a manufacturing culture on the Internet together with the Users. The Company hopes that the Users to use the Service will read carefully and understand the Terms of Use for better understanding of the Service.

CHAPTER 1. ABOUT THE SERVICES

ARTICLE 1 Purpose and Content of the Services

The Services are new manufacturing systems by using 3D printers and other digital manufacturing technologies, and also markets in connection thereto.

Even if the Users do not own expensive manufacturing equipments, the Users with ideas of manufacturing can manufacture products via the internet. In detail, any User can manufacture products (three-dimensional objects), or both manufacture and sell products, by creating 3D data based on ideas of manufacturing and transmitting it to the Company. The Users can manufacture products made of wide variety of materials, from plastic to ceramic, metal and rubber.

The purpose of the Services is to bring about a world where creators gather from many different fields to create innovative collaborations, and where many new interesting things that have never been seen before are created continuously.

ARTICLE 2 Scope of the Services

The Services include the Services as well as media operated by the Company such as those on blogs, Twitter, Facebook and newsletters.

CHAPTER 2. USER REGISTRATION

ARTICLE 3 Qualification

  1. The “User” means any person who applies for the registration for using of the Service in a manner specified by the Company after agreeing to the Terms of Use, and such application of whom is approved by the Company.
  2. In the Service, the User, as a creator, may entrust the Company with manufacturing of the products pursuant to the Terms of Use. In case that the User transmits data as a creator or purchases products as a User, the User shall be deemed to have agreed to the Terms of Use.
  3. The User shall not cause or permit any third party to use its qualification as a User, and shall not assign, grant security interest in or otherwise dispose of its qualification as a User.

ARTICLE 4 Application of the User (Account Creation)

  1. A person wishing to be a User (the “Applicant”) shall apply for registration online by itself to the Company in a manner specified by the Company. In cases where the Applicant is a minor, adult ward, or person under curatorship or assistance, such Applicant shall obtain an approval, etc. of such Applicant’s legal representative, guardian, curator or assistant prior to the application.
  2. The procedure of registration of the User shall be deemed to have completed upon the Company’s acceptance of the Applicant’s application prescribed in preceding paragraph; provided, however, that the Company may, at its sole discretion, reject the registration in any cases including, without limitation, cases where;
    1. registration of the Applicant has once been cancelled in the past;
    2. the information provided to the Company for the application contains false or erroneous statements;
    3. the Applicant is the Antisocial Forces (which mean gang groups, gang members or other similar person or entity pursuing economic interest through using violence, power or fraudulent manner; the same shall apply hereinafter), or the Company determines that the Applicant is associated with or involved in Antisocial Forces in any manner such as cooperating or engaging in maintenance, operation, management of Antisocial Forces through funding or any other method; or
    4. the Company otherwise determines that the registration would be inappropriate.
    In addition, the Company may cancel the User’s registration even after accepting registration.

ARTICLE 5 Management of User Account and Password

  1. The User shall be responsible for the management of the User account and password, etc. provided by the Company.
  2. The User shall not cause or permit any third party to use, and shall not assign, grant security interest in or otherwise dispose of the User account and password, etc.
  3. The User shall be responsible for any damage as a result of inadequate management, wrong or improper use, or the use by a third party, etc. of the User account and password, etc. In no event shall the Company be responsible for such damage.
  4. In cases where the User account or password is leaked, or likely to be used by a third party, the User shall immediately notify the Company thereof and follow the instructions of the Company (if any). In this case, the Company may suspend the User account or password as an inappropriate account.
  5. The User who has set a password shall regularly change the password and the Company shall not be responsible for any damage arising out of the User’s failure to do so.

ARTICLE 6 Mail Magazines, etc.

The User shall agree that the Company may deliver to the User information regarding the Service, a notice of system maintenance or any other information which the Company determines appropriate by email or other means.

ARTICLE 7 Changes in Registration Information, etc.

  1. In cases where the User applies for registration, the User shall provide correct and current information. In the event of any changes in the information provided to the Company upon application for registration, the User shall promptly notify the Company of such changes in the form specified by the Company.
  2. In cases where the User sells or purchases products in the Service, the User shall provide correct, current and valid payment information such as PayPal account. In the event of any changes in the payment information provided to the Company, the User shall promptly notify the Company of such changes in the form specified by the Company.
  3. A notice from the Company to the Users shall be deemed to have arrived at the time when such notice should normally have arrived.

ARTICLE 8 Cancellation of the Service

  1. The User may cancel its registration in accordance with the procedures specified by the Company.
  2. In case that the User dies or there is any reason that the continuation of the registration of the User would be impossible, the Company may deem such User’s registration to have been canceled, and can revoke the User account and password.

ARTICLE 9 Prohibited Activities

  1. The User shall be prohibited from engaging in any activities which fall under, or are likely to fall under, any of the following items with respect to the use of the Service:
    1. to use the Services for any inappropriate purpose;
    2. to perform any act which would infringe copyright, design right, patent, utility model right or any intellectual property rights, or portrait rights, publicity rights or any other rights of the Company, creators, manufacturers, other Users or any other third parties;
    3. to perform any act which would damage reputation or credits of, or infringe privacy of the Company, creators, manufacturers, other Users or any other third parties;
    4. to perform an act associated with a criminal act, such as fraud;
    5. to transmit or provide, or encourage harmful computer programs, such as computer viruses;
    6. to perform any modification, adaptation, reverse engineering, decompiling or disassembly of contents, data, software, etc. provided on the Service.
    7. to modify or delete information of the Company, creators, manufacturers, other Users or any other third parties
    8. to perform any act which inappropriately utilize facilities of the Company, creators, manufacturers, other Users or any other third parties, or which would interfere with the operation of such facilities;
    9. to collect or store personal information of other Users which is unnecessary for using the Service;
    10. to access or attempt to access, without appropriate authorization, any computer system, server, network of the Company, other Users or any other third party;
    11. to perform any act which violates law, the Terms of Use, guideline or public order;
    12. to perform any act which would interfere with the operation of the Service; or
    13. to perform any other act which the Company determines to be inappropriate.
  2. In case the Company suffers any damage as a result of any breach by the User of the Terms of Use, the Company may seek damages (including reasonable legal fee) against the User.
  3. The User represents and warrants that all information the User submits to the Service is accurate, truthful, lawful and does not infringe any rights of third parties.

ARTICLE 10 Cancellation, Suspension of Registration

The Company may temporarily suspend or cancel the registration of the User without any prior notice or demand if the User falls under any of the following items;
  1. when the User uses or causes a third party to use the User account, password, or the Service inappropriately;
  2. when a petition for attachment, provisional attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization or special liquidation is filed against the User , or the User files a petition for bankruptcy, civil rehabilitation, corporate reorganization or special liquidation;
  3. when an incorrect password is entered more than times permitted by the Company;
  4. when the User has not used the Service for a certain period specified by the Company;
  5. when the User is a minor, adult ward, or person under curatorship or assistance, and such User has not obtained approval, etc. of legal representative, guardian, curator or assistant;
  6. when the User dies or is subject to an order for the commencement of guardianship, curatorship or assistance;
  7. when the User is the Antisocial Forces, or the Company determines that the User is associated with or involved in Antisocial Forces in any manner such as cooperating or engaging in maintenance, operation, management of Antisocial Forces through funding or any other method;
  8. when the User violates, or is determined by the Company to be likely to violate, any provision of the Terms of Use; or
  9. when the Company determines that the continuation of the registration of the User would be inappropriate.

ARTICLE 11 Modification and Termination of the Service

The Company shall be entitled to modify or terminate the contents of the Service at any time without any prior notice to the User. The Company shall not be liable for any damages incurred by the User arising out of such modification or termination.

ARTICLE 12 Suspension of the Service

In the event of any of the following circumstances, the Company shall be entitled to suspend all or part of the Service, and shall not be liable for any damages incurred by the User arising out of such suspension;
  1. when the Company conducts maintenance or inspections of the devices or systems for providing the Service;
  2. when the operation of the Service becomes difficult due to fire, power failure, earthquake, natural disaster or system troubles, etc.; or
  3. when the Company determines that the suspension is not be avoidable.

ARTICLE 13 Limitation of the Company’s Liability

  1. The Company does not warrant that the User would not incur damage due to computer virus or any other harmful programs, etc. through the use of the Service.
  2. The Company does not make any warranty regarding functions of any equipment or software used by the User with respect to the Service.
  3. The Company shall not bear any expenses for communication arising in connection with the use of the Service.
  4. The Company shall not be liable for any damage incurred by the User arising out of, or in connection with, the use of the Service. In addition, in the event the Company shall be liable for damage incurred by the User by application of the Customer Contract Act or any other reasons, such liability shall not exceed the amount of consideration paid by the User to the Company during three (3) months immediately prior to the time on which the cause of such damage occurs.

CHAPTER 3. USE OF MUNUFACTURING SERVICE

ARTICLE 14 Transmitting of 3D data

  1. The creator may place an order for manufacture by transmitting 3D data (the “Uploading” for the purpose of the Service) to the Company in a manner specified by the Company. The creator transmitting 3D data shall be subject to this warning relating to handling of 3D data.
  2. The Company shall estimate materials, size and manufacturing cost concerning the 3D data received from the creator.
  3. After estimation of materials, size and cost by the Company, the creator shall enter the Product Information (which means name, description, photo, image, movie, category and license settings, etc. of the product. The same shall apply hereinafter.).
  4. The Company shall determine whether the 3D data received from the creator may be posted on the Service, taking the Product Information into account. When the Company determines that it may be posted, the Company shall notify the creator to that effect. In case that the Company determines that the 3D data may not be posted, the Company will notice to that effect and may cancel the order or modify the data.
  5. Even if the Company determines that the 3D data may be posted on the Service, such determination shall not be construed as the Company’s warranty of a feasibility of manufacturing of such 3D data.
  6. The creator agrees that the Users may evaluate by marking with stars or provide comments on the creator’s Product Information posted on the Service.

ARTICLE 15 Handling of 3D data

  1. The creator shall back up 3D data before transmitting such data to the Company, and preserve such data at its own responsibility.
  2. The Company may retain 3D data of the User for six (6) months after cancellation of the registration of the User.
  3. The Company shall have no obligation to preserve 3D data, and the Company shall not be liable for any damage as a result of deletion of such data.
  4. The Company may delete 3D data from the server of the Company at any time.

ARTICLE 16 Prohibited Activities

  1. The creator shall not transmit a plan in which the creator has not been involved or data which is not permitted to so transmit by the relevant right holder.
  2. The User shall not post or disclose, whether on the internet or otherwise, addresses, email addresses or any other information, except account names, of the creators or manufacturers, or records relating to support by them in the past, which have come to the knowledge of the User, without approval of the owner of such information.
  3. Transmitting data including the contents that fall under any of the following items shall be prohibited;
    1. contents that violate laws;
    2. copyright works the copyrights to which are not held by the User or which is not licensed to the User, things which would infringe a third party’s patent rights, design rights or trademarks, or any other contents with respect to which valid right to use is not held by the User;
    3. firearms, weapons, cigarettes, medicine or medical supplies, living objects such as animals and insects, or any other items for which the licenses or qualifications for sale required by laws are not obtained or fulfilled, and any other illegal items;
    4. gunpowder, firework or other dangerous products, items that could be used in crimes (such as air guns, stun guns, tear gas spray), knifes that are illegal to carry, costly products which make claims for good luck or protection against evil, financial products (such as stocks and dividends), extremely sexual products for adults, highly negotiable items such as gift voucher or coupon; or
    5. e) any other items the Company determines to be inappropriate.

ARTICLE 17 Manufacture

  1. The creator may entrust the Company with manufacturing products, selecting materials from, plastic, rubber, ceramic, metal, full-color plaster or other materials designated by the Company. The Company may, at its sole discretion, subcontract all or a part of the manufacturing thereof to manufacturers or any other third parties.
  2. After notifying the creator of possibility to post on the Service regarding 3D data received from the creator, the Company shall carefully review with manufacturers the 3D data transmitted at the time of order and consider the possibility of manufacturing based on such data, and if the Company determines that is possible, it shall notify the creator thereof; provided however, the Company does not warrant by such notice that the manufacturing is definitely possible, and the creator hereby recognizes and agrees that it may turn out to be impossible to manufacture at the stage of actual manufacturing. In case that manufacturing is impossible, the Company may modify the data or cancel the order. The Company shall not be liable for any damage incurred by the creator arising out of such impossibility of manufacturing.
  3. Except in case of willful misconduct or gross negligence of the Company, the creator shall not have the right to make any objection or claim regarding products manufactured by the Company, and the Company shall not be obligated to return products to the creator, exchange products or remanufacture the products.

ARTICLE 18 Placing on the Market

  1. The creators may sell products manufactured through the Service at the rinkak market.
  2. In cases where the creator sells products at the rinkak market, the creator shall upload the Product Information on the product page and determine the prices for sales.
  3. If the Company receives an order of products from the User, the Company shall notify the creator of such order without delay.
  4. The Company shall have no obligation to inspect the products provided on the Service and have no responsibility for the products provided on the Service.
  5. The Company may remove the products provided on the Service at any time for any reason.

ARTICLE 19 Payment to the Creator and Service Fee

  1. Each creator hereby authorizes the Company to receive, on behalf of the creator, the prices of products which the creator sells to the User at the rinkak market and the amount of consumption tax thereon to be paid by the Users.
  2. The Company shall pay to the creator the amount received from the Users pursuant to authorization provided in the preceding Paragraph during each calendar month (the “Calculation Month” in this Paragraph), by tenth (10th) day of the month after next month of the Calculation Month. The payment shall be made only when the aggregate unpaid amount due and payable (which means amount calculated by setting off the Service Fee pursuant to Paragraph 5 in this Article. The same shall apply hereinafter.) is or exceeds five thousand (5,000) yen, and if such amount is less than five thousand yen, payment of such amount shall be carried over to the due date on which the total aggregate unpaid amount due and payable reaches five thousand (5,000) yen.
  3. The creator shall pay the Company, in consideration of the use of the Service, the following rinkak sales system fee and PayPal fee (hereinafter collectively the“Service Fee”) with respect to the products the prices of which are received by the Company pursuant to the preceding Paragraph during each calendar month (the “Calculation Month” in this Paragraph) by tenth (10th) day of the month after next month of the Calculation Month.
    rinkak sales system fee:
    30% of the gross margin; such gross margin is calculated by deducting the manufacturing cost (described in the following Paragraph 4 of this Article 19) from product’s price (including consumption tax).
    PayPal fee:
    Depending on countries (country by country)
    Please refer to the following URL concerning details of PayPal fee.
    https://www.paypal.jp/jp/contents/fees/fees-index/
  4. The creator shall pay the Company the amount which the Company displays on the site of this Service as cost of manufacturing products. The creator shall pay such cost with respect to the products the prices of which are received by the Company pursuant to paragraph 2 of this Article 19 during each calendar month (the “Calculation Month” in this Paragraph) by tenth (10th) day of the month after next month of the Calculation Month.
  5. The Company may set off the Service Fee and manufacturing cost described in Paragraphs 3 and 4 of this Article 19 from the amount payable to the creator subject to Paragraph 1 of this Article 19 instead of actually receiving the Service Fee and manufacturing cost.
  6. Payment to the creator shall be made online directly via PayPal payment module. Please note that payment of amounts such as the price of products may not be made to the creator who does not have PayPal account.
  7. The User shall acknowledge and agree that the User shall be solely responsible for reporting on and payment of taxes and duties in connection with the provision of products to the User through the Service.

ARTICLE 20 Intellectual Property Right of 3D data, etc.

  1. Copyrights, design rights, patent rights and other intellectual property rights, and any other rights to 3D data and any other Product Information transmitted by the creator to the Company shall vest in the creator, not in the Company.
  2. The creator hereby grants to the Company royalty-free, perpetual and worldwide license to use transmitted 3D data, products manufactured based on such 3D data and Product Information thereof (including license to modify or summarize to the extent determined by the Company to be necessary and appropriate, and right to sub-license the rights under this Paragraph to the third parties affiliated with the Company and the right to analyze and study data) for operation or promotion of the Service or research and development.
  3. In case of the preceding Paragraph, the creator shall not exercise the moral rights of author to the Company.
  4. After having transmitted 3D data and any other Product Information, the creator may allow the Users to download the 3D data, texts, images, video or other copyright works regarding the Product Information only when the creator permits such downloads by adopting the Creative Commons license. Please refer to the following URL concerning details of the Creative Commons license.
    URL: https://creativecommons.org/licenses/?lang=en
  5. The creator represents and warrants to the Company that they have lawful rights to use the 3D data and other Product Information, and to output products based on the 3D data, and that uploading 3D data and other Product Information and the output of products based on the 3D data does not infringe copyrights, design rights, patent rights or other intellectual property rights or any other rights of a third party.
  6. The creator shall start to use the Service understanding fully, with respect to 3D data and other Product Information published on the Service, the structure of laws including the rule that a novelty which is a requirement of patent rights, utility model rights and design rights should be lost in principle at the same time as the publication on the Service. The Company shall not be liable for any damage incurred by the creator or third parties arising out of such loss of novelty, etc. though use of the Service.

ARTICLE 21 Rights to Contents Posted by the User

  1. Copyrights, design rights, patent rights, utility model rights and other intellectual property rights and any other rights in connection with texts, photos and any other contents posted by the User on the Service shall vest in the User who has posted such contents, not in the Company.
  2. The User shall be deemed, at the time the User posts contents on the Service, to have granted to the Company royalty-free, perpetual and worldwide license to use the contents (including license to modify or summarize to the extent determined by the Company to be necessary and appropriate, and right to sub-license the rights under this Paragraph to the third parties affiliated with the Company and the right to analyze and study data) for operation or promotion of the Service or research and development.
  3. The User represents and warrants that contents posted on the Service by the User do not contain copyright works which the User does not have copyright to or license to use, or any other items which would infringe patent rights, design rights or trademarks of a third party.

CHAPTER 4. PURCHASE OF PRODUCTS

ARTICLE 22 Purchase of Products

  1. The User may purchase products manufactured by the creators by the order form specified by filling out the Company on the product page of the rinkak market.
  2. The User confirms and agrees that a sales contract shall become effective between the creator and the User upon the purchasing products on the rinkak market, and the Company shall not have liability as a party to such sales contact.
  3. The prices of products are indicated on each product page.
  4. Payments for products by the User shall be made online directly via the PayPal payment module.
  5. After completion of the payment, the Company shall notify the User of the completion of the order.
  6. Upon the commencement of manufacturing by the Company, the Company shall notify the User of the commencement of manufacturing.
  7. Upon dispatch of the products, the Company shall notify the User of the dispatch of the products.
  8. The User shall inspect the product within seven (7) days after receiving the product from the delivery company (the “Confirmation Period”), and in any of the following events, contact the Company in a manner specified by the Company within the Confirmation Period. Only in this case, the Company may accept return of delivered product or replacement of delivered product with product without defect.
    1. The delivered product is different from the ordered product; or
    2. The product has a defect due to an accident occurring during transportation
  9. Cancellation of orders or return of products due to the reasons attributable to the User shall not be permitted.
  10. Delivery area is limited in Japan.
  11. When the User receives the products from the Creator, the title and ownership in and to the Products and its containers shall be transferred from the Company (including manufacturer of the Company) to the Creator, and simultaneously transferred from the Creator to the User.
  12. In cases where custom duty is imposed on purchase of products through the Service, the User shall pay the custom duty. The User shall acknowledge and agree that the User is solely responsible for reporting and payment of taxes and duties for the purchase of the products through the Service

ARTICLE 23 Risk and Loss

  1. In case that all or a part of the product is damaged before the Company dispatches the product, the creator shall bear all risk and loss of the damage except that such damage is attributable to the User.
  2. In case that all or a part of the product is damaged after the Company dispatches the product, the User shall bear all risk and loss of the damage except that such damage is attributable to the creator.

ARTICLE 24 Responsibility of the User

  1. The User shall use the Service at its own responsibility and be liable for all of any actions and the results thereof in connection with the use of the Service.
  2. Responsibility concerning 3D data transmitted by the Users to the Company (including responsibility concerning the output of 3D object created on the basis of the 3D data) shall be assumed by the User. The company shall not have any responsibility regarding 3D data.
  3. In the event that transmission by the User of 3D data or output by the User of 3D objects on the basis of 3D data infringes copyrights, trademarks, design rights, patent rights or other intellectual property rights or any other rights of a third party, the User shall settle the problem at its own cost and responsibility, and the Company shall not have any responsibility.
  4. In cases where the User causes damages to a third party in connection with the use of the Service, the User shall compensate for such damages at its own cost and responsibility, and the Company shall not have any responsibility.
  5. In cases where a claim is brought against the Company by a third party due to any action of the User, such User shall indemnify and hold harmless the Company from and against any amount of compensation paid by the Company and expenses incurred by the Company concerning settlement or treatment of such claim.
  6. The User shall indemnify and hold harmless the Company from and against any damage incurred by the Company as a result of any breach by the User of any provision of the Terms of Use or resulting in connection with the use by the User of the Service.

ARTICLE 25 Product Liability, etc.

  1. In cases where the creator manufactures products or other objects through the Services, the creator shall manufacture the products or objects with a care required of manufacturer so that the products or objects do not contain any defect or deficiency which would damage life, body, properties, etc. of any person. If the Company, other creators or third parties incur any damage arising out of the products manufactured through the Service, the creator shall make the best efforts to cooperate in securing their rights.
  2. In cases where the creator manufactures products or other objects through the Services, the creator shall expressly state that the creator is the manufacturer regarding the products or objects.

CHAPTER 5. USE OF APPLICATIONS

ARTICLE 26 Use of Application

The User may use in the Service the application provided by the Company or a third party designated by the Company. The User shall use such application in accordance with not only the Terms of Use but also terms and conditions provided in each application.

CHAPTER 6. GENERAL

ARTICLE 27 Intellectual Property Rights, etc

  1. All ownership rights and intellectual property rights in and to the Service shall vest in the Company or its licensors, and unless otherwise expressly provided for in the Terms of Use, the use of the Service permitted under the Terms of Use shall not be construed as transfer, assignment or grant of any license with respect to the Service under any intellectual property rights held by the Company or its licensors.
  2. Any ownership and rights in and to logos, trademarks, texts, photos, images, designs and any other contents provided by the Company in connection with the Service shall vest in the Company, not in the Users including the creators.

ARTICLE 28 Operation of the Service

  1. The Company shall not be liable for damage incurred by the User arising out of concentration of internet access or other similar reasons.
  2. The User shall use the Service understanding and agreeing that the base time of the Service shall be controlled by the Company’s server or system, and may be different from actual time or the time displayed on the Service.
  3. The Service shall not be used as means for provision of illicit interests to, or receipt of such interests by, a person who is prohibited or restricted by law or other rules to receive money or other interest from specific or unspecified individuals. The User shall comply with applicable laws at its own responsibility, and the Company shall not be liable or responsible for the User’s compliance with such law.

ARTICLE 29 Handling of Personal Information

  1. The Company shall use the Users’ personal information and other information acquired by the Company in an appropriate manner in accordance with the privacy policy separately established by the Company. The User hereby agrees that the Company may use personal information and other information of the User in accordance with such privacy policy.
  2. The Company may, at its discretion, use and disclose information, data, etc. provided by the User to the Company as statistical information in a form that does not allow individuals to be identified, and the Users shall not object to such use.
  3. The Company may use 3D data and body related data provided by the User in the Service, and location information obtained from the User's smart phone or any other device, and provide it to third parties with prior consent of the User.

ARTICLE 30 Notice

Any of inquiries with respect to the Service and other communications or notices from the Users to the Company, and any of notices concerning any amendment to the Terms of Use and other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.

ARTICLE 31 Governing Law and Jurisdiction

  1. The Terms of Use is made and shall be construed in Japanese, and shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not be applied.
  2. Any and all disputes arising out of or in connection with the Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Minor Court for the first instance.

ARTICLE 32 Amendment to Terms of Use

The Company reserves the right to make amendment or change to the contents of the Terms of Use. In the event of any amendment or change to the Terms of Use, the Company shall send or deliver a notice (including posting on the Service) of the contents of such amendment or change to the User. If the User, after the notice set forth above, uses the Service or fails to take steps to cancel the registration within the time specified by the Company, the User shall be deemed to have agreed to such amendment and change made to the Terms of Use.

ARTICLE 33 Assignment of Terms

  1. The User shall not assign, transfer, grant security interests on or otherwise dispose of its rights or obligations under the Terms of Use without the prior written consent of the Company.
  2. In cases where the Company has assigned the business regarding the Service to a third party, the Company may, as part of such assignment of business, assign to the third party its rights and obligations under the Terms of Use, and the registration information and other information relating to the User, and the User hereby shall be deemed to have agreed to such assignment in advance. For the purposes of this Article 33.2, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Company or any other form of restructuring of the Company which would result in a transfer of the business.
  3. The User hereby acknowledges and agrees that (i) in cases where a company succeeds in whole to rights and obligations of the Company as a result of a merger, etc., the succeeding company succeeds to the Company's rights and obligations under the Terms of Use and the User's information and other client information and (ii) even if there is any change in composition of shareholders of the Company as a result of a transfer of shares in the Company, share exchange (kabushiki-kokan), share transfer (kabushiki-iten), etc., it shall not affect the rights and obligations under the Terms of Use.

ARTICLE 34 Survival of Provisions

  1. The provisions of Article 5.3, 5.5, 6, 9.2, 11 through 13, 17.3, 19, 20, 21, 23, 25, 28.1, 28.3, 29, 31, 33 and this Article 34 shall survive the expiration or termination of registration of the User by cancellation or any other reasons.
  2. Expiration or termination of registration of the User by cancellation or any other reasons shall not have any effect on the sales contract concerning the products sold from the creator to another User in the rinkak market, and the Company may proceed to manufacturing, sale, dispatching and any other actions necessary for execution of such sales contract.
  3. Notwithstanding to the Paragraph 1 of this Article, in cases where there is unpaid amount payable to the creator under Article19 at the time of expiration or termination of registration of the User by cancellation or any other reasons, the Company may be discharged from obligation to pay such amount.

ARTICLE 35 Severability

  1. If any provision of the Terms of Use or part thereof is held to be invalid or unenforceable under applicable laws, such invalid or unenforceable provision or part thereof shall be construed, to the maximum extent possible, as achieving the purpose originally contemplated, and the remaining provisions (or part of provisions) hereof shall remain in force and effect.
  2. If any part of provision of the Terms of Use is held to be invalid or canceled in relation to certain User, such invalid or canceled provision shall remain in force and effect in relation to other Users.
  3. In cases where the User's country of residence does not allow any of the exclusion or limitation of liability or any disclaimer of warranties stipulated in the Terms of Use, such exclusion, limitation or disclaimer shall be effective to the maximum extent permitted by applicable law.

ARTICLE 36 Inquiries and Feedback

If there is violation of privacy, defamation or other problems regarding the contents in the Service, if a violation by the User of rules regarding the use of the Service is found, or if the User has inquiry, opinion or feedback with respect to the Service, please contact the Company using the following inquiry form.

Inquiry form; http://www.rinkaku.com/en/form/contract
Created June 19, 2013
Revised November 14, 2013
Revised December 5, 2013
Revised March 28, 2014
Revised August 22, 2014
Revised September 17, 2014
Revised October 25, 2014
Revised May 29, 2015
Kabuku, Inc.