Terms of service

These Terms of Use stipulate the conditions for using the service "GAAAT Gallery" (hereinafter referred to as "the Service") provided by GAAAT Inc. (hereinafter referred to as "the Company").
Individuals wishing to use the Service are requested to carefully read these Terms of Use and the Privacy Policy before using the Service.
If you do not agree to these Terms of Use, you will not be able to use the Service.

Article 1 (Definitions)

The definitions of terms used in these Terms of Use are as follows:

1. "Laws and Regulations" refer to laws, announcements and notifications by supervisory authorities, and self-regulatory rules.
2. "The Website" refers to the website accessible at [https://gallery.gaaat.com/] or its successor URLs.
3. "The Company" and "the Service" refer to those defined in the preamble.
4. "Products" refer to items defined in Article 2, Paragraph 1.
5. "Delegated Sellers" and "Sellers" refer to those defined in Article 2, Paragraph 2.
6. "Submitted Information," "Buyers," "Items," and "Purchase Contracts" refer to those defined in Article 2, Paragraph 3.
7. "Registered Email Address" refers to the email address submitted as part of the Submitted Information.
8. "Delivery Address" refers to the address submitted as part of the Submitted Information.
9. "Delivery Issues" refer to matters stipulated in Article 3, Paragraph 2.
10. "Prohibited Acts" refer to those defined in the preamble of Article 7.
11. "Service Changes" refer to those stipulated in the preamble of Article 8, Paragraph 1.
12. "Confidential Information" refers to that defined in Article 13, Paragraph 1.
13. "Other Language Terms" refer to those stipulated in Article 19.
14. "Intellectual Property Rights" refer to copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights, including rights to acquire or apply for registration of such rights.
15. "Linked Services" refer to all external services linked with the Service.
16. "Anti-Social Forces" refer to organized crime groups, their members, individuals who have ceased to be members within the last five years, associate members, companies affiliated with organized crime groups, corporate racketeers, groups engaging in social or political movements claiming rights, groups engaged in specialized intellectual violence, right-wing organizations, and other entities equivalent to the aforementioned.
17. "Force Majeure Events" refer to the following or other events beyond control:

• Typhoons, earthquakes, floods, and other natural disasters
• Epidemics or pandemics
• War, civil unrest, revolutions, riots, state fragmentation, or threats thereof
• Fire or explosions
• Emergencies equivalent to the above
• Communication disruptions or outages caused by power failures or other reasons
• Amendments or changes to laws and regulations (including retroactive applications)
• Malware, spyware, worms, or other computer viruses that cannot be prevented by normal security measures
• Changes, interruptions, or cessations of Linked Services or modifications to their terms of use
• Issues related to software (including OS, middleware, and DBMS), hardware, or databases provided by third parties
• Searches, seizures, inspections, or other compulsory actions under criminal procedure laws

Article 2 (Purchase of Products)

1. Users of the Service may purchase art pieces, goods, and other items designated by the Company (hereinafter referred to as "Products") through the Service in accordance with methods specified by the Company.
2. The Company may sell Products directly or act as an agent for entities (hereinafter referred to as "Delegated Sellers," collectively with the Company referred to as "Sellers") that entrust the Company with the sale of Products on the Service. In such cases, the Company will display the details of the Delegated Sellers on the product sales pages or other designated locations.
3. A Purchase Contract is established between a Buyer (hereinafter referred to as "the Buyer") and the Seller for the selected Products (hereinafter referred to as "Items") when the Buyer selects one or more Products, provides required information (including but not limited to name, address, delivery address, and contact information, collectively referred to as "Submitted Information"), and completes the payment procedures specified by the Company.
4. Buyers are responsible for preparing, at their own expense and risk, the software, devices, communication methods, and security measures (including antivirus software) required to use the Service.
5. If a minor uses the Service, they must obtain the consent of their parent or legal guardian for all actions related to the use of the Service (including agreement to these Terms of Use).
6. Except as stipulated by laws or these Terms of Use, Sellers will not accept any cancellations or returns after a Purchase Contract is established.

Article 3 (Delivery of Items)

1. The Company will ship the Items to the Delivery Address specified in the Submitted Information via courier or other methods specified by the Company (including third-party couriers) within 90 days from the day after the Purchase Contract is established. Delivery is considered complete when the Items arrive at the Delivery Address, regardless of whether the Buyer personally receives them.
2. If the Items fail to arrive within the specified period or are delivered to an address other than the Delivery Address (hereinafter referred to as "Delivery Issues"), the Buyer must promptly contact the Company through the specified methods and cooperate in resolving the Delivery Issues.

Article 4 (Response to Defects)

1. If the Items delivered have defects such as damage, stains, missing parts, or other deficiencies, the Buyer must notify the Company with detailed information using the methods specified by the Company. If the Company acknowledges the defects, the Buyer must return the Items at the Company’s expense. Upon receipt of the returned Items, the Seller will refund the price of the Items within 60 days.
2. When returning Items under the preceding paragraph, the Buyer must carefully pack the Items and ship them as "Fragile." If the Items sustain damage during return due to the Buyer’s failure to comply with these requirements, the Seller may deny the refund.

Article 5 (Cancellation by Sellers)

1. If, after the establishment of a Purchase Contract, it becomes impossible to deliver the Items due to stock shortages or other reasons, the Company may notify the Buyer and cancel the Purchase Contract. In such cases, the Company will promptly process a refund for the price of the Items.
2. Except in cases of willful misconduct or gross negligence, Sellers are not liable for damages incurred by the Buyer due to cancellations under the preceding paragraph.

Article 6 (Warranty)
Sellers will provide warranties for Products in accordance with the content specified in the warranty documentation included with the Products or through other methods designated by the Company.

Article 7 (Prohibited Acts)
Buyers must not engage in any of the following acts (hereinafter referred to as "Prohibited Acts") in connection with the use of the Service, either directly or through a third party, as reasonably determined by the Company:

• Acts that violate or are likely to violate these Terms or applicable laws and regulations.
• Acts that are contrary to public order and morals or are likely to be so.
• Use of the Service in any manner other than as specified by the Company or in a manner deemed fraudulent by the Company.
• Acts that infringe or may infringe on the intellectual property rights, portrait rights, privacy rights, honor, property, or other rights or interests of the Company or third parties.
• Assisting or encouraging acts defined in the preceding items.
• Use by minors without obtaining consent from a legal representative.
• Acts involving the provision of benefits to or other involvement with Anti-Social Forces.
• Acts of harassment, defamation, or other similar actions against the Company or third parties.
• Impersonation of a third party to use the Service.
• Use of the Service for unlawful or improper purposes or in ways that harm or are likely to harm the reputation of the Company.
• Acts that interfere with or are likely to interfere with the provision of the Service, including actions outside of the Service.
• Using automated means (such as bots or scrapers) to access or utilize the Service or to collect or input information.
• Altering or deleting information on the Service or the Website related to the Company or other Buyers.
• Uploading, transmitting, or making accessible any information on the Service that falls under the following:
  • Information that damages the honor or trust of the Company or third parties.
  • Information containing violent or cruel expressions.
  • Information containing obscene expressions.
  • Information promoting discrimination.
  • Information promoting suicide, self-harm, or inappropriate drug use.
  • Information involving illegal solicitation or advertising.
  • Information that causes discomfort to others.
  • Information obtained, uploaded, or transmitted without legal or rightful permissions.
  • Information obtained through illegal means.
  • Information containing computer viruses or harmful programs.
• Acts such as modifying, deleting, reverse compiling, or reverse engineering programs related to the Service or Website, or using network monitoring or detection software to determine the architecture of the Website.
• Acts that compromise or disrupt the integrity or security of the Service's systems, or attempts to intercept transmissions to or from the servers running the Service.
• Unauthorized access or acts that place an excessive burden on the network or systems of the Website or the Service.
• Acts of providing services or products similar to or competing with the Service, or using the Service for such preparation.
• Any other acts that infringe upon the rights or interests of the Company or third parties.
• Other acts deemed inappropriate by the Company, for which a reasonable resolution period is provided in advance to the Buyer.

Article 8 (Changes, Suspension, Interruption, or Termination of the Service)
The Company may change, modify, add, temporarily suspend, or interrupt the provision of the Service (hereinafter referred to as "Service Changes") in the following cases:

• To add new functions or modify, suspend, hide, or delete existing functions or layouts.
• To inspect or maintain hardware, software, or other equipment or systems related to the Service.
• If unexpected factors, such as system failures, excessive traffic, or unauthorized access, make it difficult to provide the Service.
• If security issues arise in the Service.
• In cases of Force Majeure Events.
• If new or existing laws, regulations, or administrative actions make the continuation of the Service difficult.
• For business reasons deemed necessary by the Company.
• Any other circumstances similar to the above.

The Company may terminate the Service entirely or partially at its discretion for unavoidable reasons or other circumstances.

When taking actions outlined in the preceding paragraphs, the Company will notify Buyers of the measures. In cases of significant impact or as deemed necessary by the Company, prior notification will be provided unless it is an emergency.

Notifications will be made by posting on the Website or directly notifying the Buyer via the registered email address, specifying the content and timing of changes.

Article 9 (Termination of Contract, etc.)
If a Buyer falls under any of the following, the Company may, without prior notice or demand, temporarily or permanently suspend the use of the Service, terminate the Purchase Contract, or take other necessary measures to maintain the proper operation of the Service:

• If the Buyer engages in Prohibited Acts or violates these Terms.
• If the Buyer fails to respond to inquiries or other communications from the Company for more than 30 days without a reasonable reason.
• If the Company reasonably deems the Buyer unsuitable for using the Service.

Termination of the contract as per the preceding paragraph does not prevent the Company from claiming damages, and the terminated Buyer must immediately settle any outstanding debts to the Company.

Article 10 (Intellectual Property Rights)
The intellectual property rights and other rights related to the Products are reserved by the Company or the entity that has granted usage rights to the Company.

Article 11 (Compensation for Damages)

1. If the Buyer’s violation of these Terms or any intentional or negligent act related to their use of the Service causes damage to the Company or a third party, the Buyer shall compensate for all such damages, including reasonable attorney's fees.
2. If the Company is liable to compensate the Buyer for damages related to the Service, regardless of the cause (including breach of contract or tort), such liability shall be limited to direct and actual damages ordinarily incurred, excluding lost profits, and shall not exceed the total price of the relevant Product.

Article 12 (Disclaimers and Non-Warranty)

1. The Company (including Delegated Sellers acting as the Company's agent) does not guarantee the following and shall not be liable for any damages arising from or related to these matters unless caused by the Company’s willful misconduct or gross negligence:
   1. That the Service or Products meet the Buyer’s specific purpose or expectations regarding functionality, value, accuracy, usefulness, or completeness.
   2. That the Service or Products comply with applicable laws or remain continuously available.
   3. That the Service complies with the terms of Linked Services or remains continuously integrated with Linked Services.
   4. That the Service does not infringe on the rights or interests of third parties.
2. Except as required by law, the Company is not obligated to retain any information provided by the Buyer. The Buyer is responsible for retaining such information at their own expense and risk.
3. Disputes between the Company and third parties related to the Service or Products must be resolved by the Buyer at their own expense and responsibility. The Company will take a neutral stance and make efforts to assist in resolution but is not obligated or responsible for resolving such disputes. If deemed necessary, the Company may request the Buyer to cooperate in confirming facts related to the dispute.
4. Taxes imposed on the Buyer due to their use of the Service shall be borne by the Buyer, and the Company has no obligation to verify the type, amount, or payment status of such taxes.
5. Neither the Company nor the Buyer shall be liable for delays, non-performance, or improper performance of obligations under the Purchase Contract due to Force Majeure Events.
6. The Company shall not be liable for the following damages caused to the Buyer unless there is willful misconduct or gross negligence by the Company:
   1. Damages caused by internet connection issues or deficiencies in the Buyer’s connection environment.
   2. Damages resulting from the Buyer’s failure to follow the Company’s prescribed procedures or security standards.
   3. Damages caused by errors, bugs, or other defects in the Service.
   4. Damages caused by issues with the Buyer’s devices, such as malfunctions, malware, or unauthorized access by third parties.
   5. Damages caused by measures taken by the Company under these Terms (including termination of the Purchase Contract).
   6. Damages caused by the use of Linked Services.
   7. Damages to Products due to storage or display in locations specified below:
      • Areas with humidity exceeding 70%.
      • Areas with significant temperature fluctuations compared to a normal indoor environment.
      • Areas exposed to direct sunlight.
      • Areas near air conditioner vents.
      • Smoking areas or nearby locations.
      • Other locations similar to the above.

Article 13 (Handling of Confidential Information)

1. The Buyer shall maintain as confidential any information designated as confidential by the Company and disclosed in connection with the Service or Purchase Contract (hereinafter referred to as "Confidential Information").
2. The Buyer may use Confidential Information only for the purpose of using the Service or fulfilling obligations under the Purchase Contract and shall not disclose, leak, or publish such information to any third party without prior written consent from the Company.

Article 14 (Exclusion of Anti-Social Forces)

1. The Buyer represents and warrants that they (including officers in the case of a corporation or other organization) do not and will not in the future belong to Anti-Social Forces.
2. The Company and the Buyer mutually agree not to engage in the following acts, directly or indirectly, through third parties:
   1. Violent demands.
   2. Unjust demands exceeding legal responsibility.
   3. Threatening behavior or use of violence.
   4. Actions that damage the Company’s reputation or interfere with its operations using rumors, deception, or coercion.
   5. Any involvement with Anti-Social Forces, regardless of the method or form.
3. If the Buyer is found to belong to Anti-Social Forces, the Company may immediately terminate the Purchase Contract with the Buyer by providing notification.
4. The Company shall not be liable for any damages incurred by the Buyer as a result of termination under the preceding paragraph.

Article 15 (Notifications)

1. Notifications and other communications from the Company to the Buyer shall be made through methods specified by the Company, such as posting on the Website or sending emails to the registered email address, unless otherwise stipulated in these Terms.
2. Notifications or communications sent to the registered email address or other contact information provided by the Buyer shall be deemed received at the time they are delivered.
3. Inquiries or communications from the Buyer to the Company regarding the Service shall be made via email to the email address specified by the Company or through other methods designated by the Company, unless otherwise stipulated in these Terms.

Article 16 (Changes to These Terms)

1. The Company may amend these Terms by specifying the effective date of the amendment and publicly announcing the amendment, the revised content, and the effective date on the Website or through other appropriate means, in the following cases:
   1. If the amendment benefits the Buyer.
   2. If the amendment is reasonable, considering its necessity, consistency with the purpose of these Terms, the appropriateness of the revised content, and other relevant factors.
2. Amendments made under the preceding paragraph will take effect from the specified effective date, and the revised Terms will apply to the Buyer.

Article 17 (Prohibition of Assignment of Rights and Obligations)

1. The Buyer may not assign, transfer (including through mergers or corporate splits), offer as collateral, or otherwise dispose of their position under the Purchase Contract or any rights or obligations derived therefrom to a third party without prior written consent from the Company.
2. If the Company transfers all or part of the business related to the Service to a third party (including transfers through mergers, corporate splits, or any other means by which the Service is transferred), the Company may transfer its position, rights, obligations, and all Buyer-related information obtained through the Service to the transferee. The Buyer hereby agrees to such transfer in advance.

Article 18 (Severability)
If any provision or part thereof of these Terms is deemed invalid or unenforceable under applicable laws, the remaining provisions of these Terms, or the remaining parts of the affected provision, shall remain fully valid and enforceable. In such cases, the Company and the Buyer shall endeavor to revise the invalid or unenforceable provision to the extent necessary to make it lawful and enforceable while maintaining the original intent and achieving equivalent legal and economic effects.

Article 19 (Language Clause)
The Company may provide these Terms in English or other languages (hereinafter referred to as "Other Language Terms"). Other Language Terms are intended to convey the same content as these Terms. However, in the event of any inconsistency, conflict, or discrepancy between these Terms and the Other Language Terms, the provisions of these Terms shall take precedence, and the Other Language Terms shall be interpreted and applied to conform to these Terms.

Article 20 (Good Faith Consultation)
The Company and the Buyer shall resolve any doubts regarding the interpretation of these Terms, matters not stipulated herein, or other matters related to these Terms, through consultation in good faith in accordance with applicable laws and commercial practices.

Article 21 (Governing Law and Jurisdiction)

1. These Terms shall be governed by and interpreted in accordance with Japanese law.
2. Any disputes arising from or related to the use of the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.