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* Please refer
to the email for project number.
Online Sales Contract
and Disclaimer
The following is the terms of the agreement
between www.CreativeJapan.com ("Company") and the
Buyer ("Buyer") of goods or services through the
Company's Web site (the "Site"). If you do not agree
to these terms, you will not be able to purchase anything,
so please review these terms carefully:
1. Introduction: Buyer agrees to the terms
and conditions outlined in this Online Contract ("Contract")
with respect to the goods, services and information provided
by or through the Site. This Contract constitutes the entire
and only agreement between the Company and Buyer, and supersedes
any and all prior or contemporaneous agreements, representations,
warranties, and understandings with respect to the goods,
services and information provided by or through the Site,
and the subject matter of this Contract. Buyer agrees to review
this Contract prior to purchasing anything and purchase of
a good or service shall be deemed acceptance of this Contract.
2. Setup and Payment: Buyer represents and
warrants that (i) the credit card information supplied is
true, correct and complete and (ii) charges incurred by the
Buyer will be honored by the Buyer's credit card company and
(iii) Buyer shall pay charges incurred by Buyer at the amounts
in effect at the time incurred, including all applicable taxes.
Buyer shall be responsible for all charges incurred through
use of Buyer's password. Buyer agrees to keep his or her password
confidential and to notify Company within 24 hours of any
breach of this Contract or unauthorized use of the password.
Company does not protect Buyer from unauthorized use of Buyer's
password.
3. Copyright: Buyer's consent is granted
to the Comapny to use the Buyer's current online images and
text to modify and translate into the target language.
4. Right to Refuse: Company reserves the
right in its sole discretion to refuse service at any time.
Sale of any goods or services is subject to availability.
5. Indemnification: Buyer agrees to indemnify,
defend and hold Company and its affiliates, licensors and
suppliers harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to a Buyer's
violation of this Contract or use of the Site.
6. Non-Transferable: Buyer's right to use
the Service is not transferable and is subject to any limits
established by Company or by Buyer's credit card company.
7. Disclaimer: THE SERVICE, CONTENT, GOODS
AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY
OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE
REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT
PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY
AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER.
THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS.
8. Refund Policy: If translation service
provided is not to Buyer's complete satisfaction, Buyer can
request that the project be re-translated and within 30 days
of purchase, must notify the Company. This Section 9 sets
forth Buyer's sole and exclusive right to refund.
9. Use of Information: Company reserves
the right, and Buyer authorizes Company, to the use and assignment
of all information regarding Buyer's use of the Site and all
information provided by Buyer, subject to applicable law.
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