Terms and Conditions

These Terms and Conditions constitute articles of each content that [Oceans Inc.] (“we,” “us” or “our”) provides through the website [‘Oceans Gallery’] (Service). You agree that by using the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. Please read other information about how to use the service, precautions and terms available at the website that provides the service before using it.

 

1.     Definitions

 a.     “Artist” means the person who exhibited works on the service.

 b.     “Buyer” means the person who buys works on the service.

 c.     “Anti-Social Forces” means:

  (1) an organized crime group, a member of an organized crime group, a related company or association of an   organized crime group, and any other person that has been equivalent of above in this 5 year; or

  (2) a person who themselves or through the use of third parties conducts a demand with violence, an   unreasonable demand beyond its legal entitlement, use of intimidating words or actions, damages the credit or   obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or any other   equivalent actions of above

2.     Contents of the service

 a.     The service is an online website that buyers can buy artworks exhibited on the site.

 b.     Also, works exhibited on the site have been consigned sales directly by artists.

3.  Establishment of purchase agreement

Purchase agreement between you and us, for every product, will be established at the moment when you push [NPMS1] button on the top of the site screen for purchase application or agreement. Regardless of the previous article, if one person bought in large quantities, we will confirm the lists of order before sending. If we find the application is inappropriate, we might cancel all or some parts of the purchase agreement. 

4.     Competition of product delivery

We will send products to designated place at your application, and complete the product delivery.

5.     Returns and Exchanges

Since products we exhibit are all one-of-a-kind items, we don’t accept returns or exchanges. However, when the reason comes from our responsibility like mistakes of items or quantities, we accept both. In this case, please notify us with specified method in a week after the product arrive. If we cannot accept to return with appropriate products, we will refund the equivalent payment of the product (including shipping). We will take on those handling charges.

6.  Handling of personal information

  1. When acquiring personal information, we clearly state the purpose of obtaining the information and the scope of its usage in business activities to the extent for providing the service under this term of ‘handling of personal information’. At the same time, you agree that we use acquired personal information based on the policy written here.

  2. We do not share the personal information of our customers with third parties except for these following situations.
    a. When disclosure is required by laws and regulations.
    b. When it is necessary to protect human life, body, property or the service itself.
    c. When it is particularly necessary to improve public health or promote the  sound development of children.
    d. When it is necessary for a national organization or a local public entity or a person who has been                    commissioned to cooperate in carrying out the affairs prescribed by laws and regulations.
    e. When the owner of the service changes because of joint venture or other
          Reasons, and we decide it is necessary to transfer the personal information.
    f. When we use the information to improve the service, develop related services or use for marketing of our           partner companies.

7.     Contact or notice

Contact or notice between you and us will be carried out under the specified methods we decide. We will assume the contact address registered at the time of purchase is effective, and use this for contact or notice. Also, we assume you got the message when we send message to this contact address.

8.     Prohibited activities

As a user of the Site, you agree not to carry out the following activities. When we determine that you make a prohibited activity or are suspicious of making these activities, we are able to stop providing the services to you without previous notice. In the event of your carrying out any of the prohibited activities, you shall be fully liable for any damages, costs and expenses arising therefrom.

 a.     Acts that are taken for violation of laws and regulations, these terms and conditions”, precautions that we      have specified separately, guideline or rules for transaction

 b.     Acts that are offensive to public order and morals

 c.     Acts that interfere with our service operations

 d.     Acts that are associated with a crime such as fraud

 e.     Acts that Infringe the rights of our company, other users, and other third parties

 f.      Acts such as defamation or slander to others

 g.     Acts that adversely affects the functions of computer devices, communication lines and software, such as     

           transmission of computer viruses

 h.     Unauthorized access to the system related to the service

 i.  Other acts that we consider inappropriate

9.     Disclaimer

 a.     We are not liable for any damage that users receive by using or not being able to use the service. However,      this does not apply if it is based on our intentional or gross negligence.

 b.     We are not liable for any damage that users receive by using or not being able to use the service. However,             if a contract between us and users regarding this service (including this “Terms and Conditions”) is a         

           consumer contract established in the “Consumer Contract laws and regulations.”, this disclaimer will not be   

           applied to the extent that it violates the laws and regulations.

 c.     Even if it is specified in provisions of the preceding paragraph, we are irresponsible for any damage caused   

           by special circumstances, no matter if we or our users foresee or were able to foresee the occurrence of the             damage.

 d.     We do not guarantee the adaptability of this service to a specific purpose, or infringement of intellectual   

           property rights or other damages caused by the use of the service.

10.      Suspension or interruption of the service

We may temporarily suspend all or parts of the service without notifying users in advance under any of the following circumstances. We will not be liable for any damages caused to users due to these suspension or interruption.

 a.      When the service cannot be provided due to a failure of the server, communication line, or other equipment     and so on.

 b.      Regular or urgent maintenance, inspection, repair, or modification of systems, including servers,     communication lines, power supplies and buildings that accommodate them.

 c.       When the service cannot be provided due to fire or power outage.

 d.      When the service cannot be provided due to natural disasters such as earthquakes, eruptions, floods and     tsunamis.

 e.       When the service cannot be provided due to war, turmoil, riots, mayhem, labor disputes or other inevitable      accidents.

 f.        When the service cannot be provided due to laws and regulations, or measures based on it.

 g.      When trouble, interruption, suspension, suspension of cooperation with our service or specification change     occur in the external SNS service linked with our service

 h.       In addition, when we decide that it is necessary to temporarily suspend this service due to operational or     technical reasons.

11.     Handling at the end of the service

 a.      If we are ending the service based on the preceding article, we will notify users by posting on our website,     sending a document or e-mail or other methods.

 b.      If we end the service, information of all sellers and users will be deleted after a certain period that we     consider appropriate.

12.  Changes to the service or the Terms and Conditions
 a.   We reserve the right, after we notify users by a method that we consider appropriate, to abolish or make     

             changes to the Terms and Conditions at any time.

 b.   If changes to this service or these Terms and Conditions have a significant impact on users, we will notify

             you by posting the details of these changes on our website. Users are responsible for confirming changes   

             for themselves. When using the service after changes have been made, we assume that users, by the act of

             use, have confirmed in advance about the changes and have agreed with the changes.

 c.   We are not liable for any damages caused to users by the measures taken by us based on this Article,   

            except for cases based on the intention or negligence of us.

 d.     Users who use the service after changing the contents of these Terms and Conditions are considered to

             have agreed to the changes.

13.     Intellectual property right

Copyrights related to the content on this service (including the rights stipulated in Articles 27 and 28 of the Copyright Act, and the same shall apply hereafter), patent rights, utility model rights, trademark rights, design rights and all other intellectual property rights, including those rights to acquire or apply for registration, belong to us or a third party who has license deal with us. Users cannot use, disclose or let any third party use the information except when the permission from us or third parties who has license deal with us is obtained, or when it is used within the scope of private use stipulated by the Copyright Law.

14.     Compensation for damages and disputes

 a.      In case users violate these Terms and Conditions or Guidelines, causing damages to us or third parties, you     will be obliged to compensate for damages.

 b.      As a general rule, we will not provide user information acquired based on these Terms and Conditions and     Privacy Policy to third parties including other users. However, in case of an order from a court, public     prosecutor's office or administrative agency, when accompanied by a request based on a law such as Article     23-2 of the Attorney Act, or when based on other enforceable laws or orders, all user information, purchase r     ecords and other records related to users managed by us can be disclosed to third parties to the extent   

            necessary to comply with the orders.

15.     Governing law and jurisdiction

Regardless of the principle of equity law, these Terms and Conditions shall be interpreted based on Japanese law, and the Tokyo District Court shall be the exclusive agreement jurisdiction court for first instance of any dispute related to the service or between us and users.

Concluded

 

Established April 1, 2021