TERMS OF SALE
These Terms of Sale (these “Terms of Sale”) set forth the terms and conditions for the use of the services provided by Direct Publishing, Inc. and its group companies (collectively referred to as the “Group”) for the sale of videos, books, and other similar contents with respect to the sales website operated by the Group.
Article 1 (Definitions)
In these Terms of Sale, the following terms shall have the meanings defined below:
- The “Website” means the sales website operated by the Group.
- The “Services” collectively means the online shopping service provided to Users by the Group through the Website and the services related thereto.
- “Product(s)” means a product handled by the Group through the Service.
- “User(s)” means a user of the Services.
Article 2 (Terms of Sale)
- Each person who wishes to use the Services is required to consent to these Terms of Sale. The Group will not provide the Website or the Services in the EEA (European Economic Area) or the United Kingdom.
- If a customer who is a minor wishes to use the Services, such customer shall obtain the consent of their own legal representative such as a person with parental authority.
- Terms, policies, guidelines, and other provisions related to the Services that provided by the Group separately from these Terms of Sale constitute a part of these Terms of Sale. In the event that such terms have any provision that conflict with these Terms of Sale, such terms will prevail. If there are individual conditions for each Product, the individual conditions will prevail.
Article 3 (User registration on the Website)
- Each person who wishes to use the Services is required to register as User in accordance with the method set out by the Group on the Website for the use of the free browsing system provided by the Group, refunds, return of Products, and other cases where it is necessary to contact User.
- At the time the Group accepts the User registration as set out in the preceding paragraph, a Service use agreement (the “Service Agreement”) shall be established between the Group and the User under these Terms of Sale.
- The Group will grant each person who has registered as User under paragraph 1 an ID and a password (a password may not be provided depending on the method of User registration; collectively the “User Information”).
Article 4 (Management of the User Information)
- User shall manage the User Information at its own responsibility.
- User shall appropriately manage and store the User Information and shall not disclose, transfer, sell, or lend the User Information to any third party or allow any third party to use the User Information.
- User shall bear responsibility for any damage caused by inadequate management, information leakage due to errors in use, use by third parties, unauthorized access, or other similar incidents with respect to the User Information.
Article 5 (Orders and formation of transactions)
- User may place an order for Products in accordance with the method set out by the Group on the Website.
- The details of the User’s order are confirmed when the User presses the “order confirmation button” displayed on the screen for the order procedure. A transaction is formed and concluded, respectively, (i) for paper books, when the Group commences the shipment of Products after the details of the order are confirmed, or (ii) for other Products, when the order is confirmed.
Article 6 (Payment of price)
- The price of Product will be displayed on the screen of detailed description of each Product. The shipping fees and handling fees will be displayed on the screen for the order procedure.
- User shall select and determine the payment method for Product price from among the methods presented at the time of order (if only one payment method is designated, then that designated payment method shall be used), and User shall pay the price of the ordered Product, shipping fees, handling fees, and other prices by the method determined by the User.
- When User makes payment by credit card, the User shall use a credit card under their own name.
Article 7 (Refusal and cancellation of orders)
In the event that any of the following circumstances arise, the Group may, to the extent not inconsistent with applicable laws and regulations, refuse orders for Products from Users, or cancel transactions without bearing any compensation or other liability to Users.
- (1) If it is impossible to procure the ordered Products due to the postponement or suspension of the release of the Products due to circumstances of the copyright holder, a shortage of the Products, or other such factor. In cases where the Products are partially procured, only the transaction pertaining to the deficiency shall be canceled.
- (2) If the ordered Product was unable to be delivered and is returned due to the termination of the storage by shipping companies due to an absence of the recipient, a long absence of the recipient, incorrect address, refusal to receive the Product by the recipient or other similar reasons.
- (3) If User has committed an act in violation of the prohibited matters under Article 15, or if there are reasonable grounds to believe that such a violation is likely to be committed.
- (4) In any other case in which the Group deems it inappropriate to accept an order from User.
Article 8 (Return, replacement, re-downloading)
- The existence of a warranty period and the conditions of the warranty period are set out for each Product. If there is a warranty period, User may return the Product (limited to paper books) purchased through the Services and receive a refund of the price only within the warranty period (“Return/Returning”). The warranty period begins on the purchase date of the Product (the first day (purchase date) will be included in calculation of the warranty period).
- In the event that Product (limited to paper books) purchased through the Services is defective, such as being a wrong product, damaged, or stained, the User may request a replacement with a non-defective item of the same product if a contact is made within seven days of Product arrival. However, User may not request a replacement of a product’s outer boxes, packing materials, advertising materials, such as book bands and flyers, or other items other than the product itself, or replacement of the product due to a reason such as damage or defacement of items other than the product itself.
- Notwithstanding paragraphs 1 and 2 of this Article, Returns or replacements may not be accepted in any of the following cases:
- (1) the package, tag, or the like of the Product has been disposed of;
- (2) the Product is a personalized product (with initials or a name); or
- (3) damage, defacement, or the like is made to the Product under User’s control.
- In the event that the electronic data of Product (limited to electronic data such as videos, electronic books in downloadable format) purchased through the Services is defective, such as being a wrong product or damaged or containing a bug, User may make a request to re-download the electronic data of the Product only within the period of the User registration.
- The Group shall not accept any request for the Return or replacement or re-downloading of the Product except as provided in this Article or otherwise in these Terms of Sale.
Article 9 (Annual subscription products)
- The annual subscription product will be automatically renewed on the renewal date each year until User notifies the Group of their intention to unsubscribe. However, if User fails to settle the payment of the renewal fee, the User will no longer be able to view the website on which products are offered from that date.
- If User does not wish to renew the annual subscription product, the User shall notify the Group of their intention to unsubscribe by the date immediately prior to the renewal date of the contract.
- If User unsubscribes from an annual subscription product, the User will no longer be able to view the annual subscription product (including package deal products, special offers, and other content associated with the products) on the website on which products are offered after the expiration of the contract period.
- The Group may change the contents, the usage fees, and other details of contracts for annual subscription products to a reasonable extent, even in the middle of the contract period, by giving notice in the manner prescribed by the Group.
- In any of the following cases, the Group may suspend or discontinue the provision of all or part of the monthly subscription product. In such a case, the Group shall refund to User, on a per diem basis, the portion of the usage fees already paid by the User, which corresponds to the number of days for which the monthly subscription product is not provided (this shall not preclude the calculation on a monthly basis not unfavorable to the User in comparison with calculation on a per diem basis ). In the event that the provision of all or part of the monthly subscription product is suspended, the process of refund or extension of the period shall be notified to the relevant Users in the manner prescribed by the Group. In the following cases, instead of suspension or discontinuance, similar services may be provided after giving notice to the relevant Users in the manner prescribed by the Group:
- (1) if the Group gives notice to the relevant Users no later than two months prior to the date of suspension or discontinuance in the manner prescribed by the Group; or
- (2) if it becomes impossible to provide the monthly subscription product due to unavoidable reasons, such as health reasons of the lecturer or difficulty in providing the contents.
Article 10 (Monthly subscription products)
- The monthly subscription product will be automatically renewed on the renewal date each month until User notifies the Group of their intention to unsubscribe. However, if User fails to settle the payment of the renewal fee, the User will no longer be able to view the website on which products are offered from that date.
- If User does not wish to renew the monthly subscription product, the User shall notify the Group of their intention to unsubscribe by the date immediately prior to the renewal date of the contract.
- If User unsubscribes from a monthly subscription product, the User will no longer be able to view the monthly subscription product (including package deal products, special offers, and other content associated with the products) on the website on which products are offered after the expiration of the contract period.
- The Group may change the contents, the usage fees, and other details of contracts for monthly subscription products to a reasonable extent, even in the middle of the contract period, by giving notice in the manner prescribed by the Group.
- In any of the following cases, the Group may suspend or discontinue the provision of all or part of the monthly subscription product. In such a case, the Group shall refund to User, on a per diem basis, the portion of the usage fees already paid by the User, which corresponds to the number of days for which the monthly subscription product is not provided (this shall not preclude the calculation on a monthly basis not unfavorable to the User in comparison with calculation on a per diem basis ). In the event that the provision of all or part of the monthly subscription product is suspended, the process of refund or extension of the period shall be notified to the relevant Users in the manner prescribed by the Group. In the following cases, instead of suspension or discontinuance, similar services may be provided after giving notice to the relevant Users in the manner prescribed by the Group:
- (1) if the Group gives notice to the relevant Users no later than two months prior to the date of suspension or discontinuance in the manner prescribed by the Group; or
- (2) if it becomes impossible to provide the monthly subscription product due to unavoidable reasons, such as health reasons of the lecturer or difficulty in providing the contents.
Article 11 (Buy-out plan)
- A buy-out plan is a product that provides User with a monthly or annual subscription product for as long as the monthly or annual subscription product on which the plan is based is provided.
- In the event that User unsubscribes from a buy-out plan, the User will no longer be able to view the buy-out plan products, including those previously distributed, on the website on which products are offered. If User unsubscribes from a buy-out plan after switching from a monthly or annual subscription product to a buy-out plan, the User will also no longer be able to view the monthly or annual subscription products that were previously purchased. In these cases, there will be no refund from the Group, except in the case of unsubscriptions made within the money-back guarantee period.
- The Group may change the contents, usage fees, and other details of contracts for any buy-out plans within a reasonable scope by giving notice in the manner prescribed by the Group. However, this does not apply to minor changes or changes that are beneficial to Users.
- The Group may suspend or discontinue the provision of all or part of any buy-out plans in any of the following cases, by giving notice in the manner prescribed by the Group. In the following cases, similar services may be provided in lieu of the suspension or discontinuance:
- (1) if the Group gives notice to the relevant Users no later than two months prior to the date of suspension or discontinuance in the manner prescribed by the Group; or
- (2) if it becomes impossible to provide the buy-out plan product due to unavoidable reasons, such as health reasons of the lecturer or issues with providing the contents of the monthly or annual subscription product on which the buy-out plan is based.
Article 12 (Prepaid sales products)
Notification for prepaid sales products shall be made by e-mail.
Article 13 (Ownership of rights)
The intellectual property rights and any other rights related to the Products shall belong to the Group or any third party who has granted or licensed its rights to the Group.
Article 14 (Revocation of registration, cancellation of contract, etc.)
- If User falls under any of the following items or the Group deems that User falls under any of the following items, the Group may, without giving any demand or notice, immediately prohibit, suspend, cease, and restrict the use of the Services by the User, delete the User’s User Information, and cancel the Service Agreement, as well as require to Return of the Product (paper books) purchased by the User and deletion of the electronic data of the Product (electronic books in downloadable format of electronic data) purchased by the User, and claim damages or make other claims:
- (1) if User violates, or the Group determines that User is likely to violate any provision of these Terms of Sale;
- (2) if all or part of the information provided to the Group regarding User is found to be false or fraudulent; or
- (3) in addition to the foregoing, if the Group deems it inappropriate to continue the provision of the Services.
- If User has not used the Services for a long period of time after being subscribed to the Services and does not respond to communications from the Group, when the Group deems that it would not be in the interest of the User to continue the Services, the Group may cease the use of the Services by the User or cancel the Service Agreement.
Article 15 (Prohibited acts)
When using the Services, Users shall not engage in any of the acts that fall or may fall under any of the following items:
- (1) to infringe intellectual property rights, including copyrights and trademarks, or other rights or interests of the Group, other Users, or third parties;
- (2) to purchase multiple Products for the purpose of, or with the intention of, reselling (including so-called “arbitrary”) or Returning the Products, or otherwise using the Services for commercial purposes;
- (3) to falsify or delete information of the Group, another User, or a third party that is accessible in relation to the Services;
- (4) to impersonate a third party or the Group;
- (5) to share User information;
- (6) to disclose, transfer, sell, or lend User information to a third party, or allowing a third party to use User information;
- (7) to disclose to, share with, or otherwise provide to, a third party, a link or password to access contents (all contents including texts, PDF files, and videos) within the Services, regardless of whether for fees or at no cost;
- (8) to transmit or make accessible to third parties any harmful computer programs, etc.;
- (9) to reverse engineer, decompile, disassemble, or otherwise analyze any equipment of a third party or equipment related to the Services (the “Equipment.”) or attempt to obtain information such as source code, algorithms, know-how, or the similar information of Equipment;
- (10) to interfere with the operation of the Services;
- (11) to interfere with the use of the Services by other users;
- (12) to violate laws and regulations, these Terms of Sale, or public order and morals; or
- (13) in addition to the foregoing, acts that the Group deems inappropriate.
Article 16 (Suspension, cessation, termination, and changes to the Services)
- In any of the following cases, the Group may suspend or cease the provision of all or part of the Services without prior notice:
- (1) when performing maintenance or inspection of the Equipment;
- (2) in the event that it becomes impossible to provide the Services due to fire, power outage, communication line accident, or other similar cause;
- (3) in the event that it becomes impossible to provide the Services due to a natural disaster such as earthquake, eruption, flood, or tsunami;
- (4) in the event that it becomes impossible to provide the Services due to war, upheaval, riot, disturbance, labor disputes, or enactment, revision, or abolition of laws and regulations, and the like; or
- (5) in addition to the foregoing, in the event that the Group deems it necessary to suspend or cease the provision of all or part of the Services for operational, technical, or other reasons.
- The Group may, for its own reasons, terminate or make changes to the provision of all or part of the Services by giving prior notice to Users in the manner prescribed by the Group. However, in case of emergency or if it is impossible to give notice due to unavoidable circumstances, the Group may terminate or make changes to the provision of all or part of the Services without any notice. In the event of a refund due to the suspension of the Services, the refund will be made in accordance with the proportion of the Services that have already been provided.
- The Group may, for its own discretion, cease the use of, or restrict access to, all or part of the Website by Users, or change all or part of the contents of the Website.
Article 17 (DISCLAIMER OF WARRANTY AND EXEMPTION OF LIABILITY)
- WHILE THE GROUP MAKES EFFORTS TO PROVIDE AS ACCURATE INFORMATION AS POSSIBLE ON THE WEBSITE REGARDING THE NUMBER OF ITEMS IN STOCK, APPEARANCE, SPECIFICATIONS, PRICES, AND ISSUE DATE AND RELEASE DATE FOR THE PRODUCT, THE GROUP DOES NOT GUARANTEE, TO THE EXTENT NOT INCONSISTENT WITH APPLICABLE LAWS AND REGULATIONS, THAT SUCH INFORMATION IS ALWAYS COMPLETELY ACCURATE.
- THE GROUP MAKES NO WARRANTY, EXPRESS OR IMPLIED, TO THE EXTENT NOT INCONSISTENT WITH APPLICABLE LAWS AND REGULATIONS, THAT THE PRODUCT IS FIT FOR ANY USER’S PARTICULAR PURPOSE, HAS THE EXPECTED COMMERCIAL VALUE, ACCURACY, OR USEFULNESS, OR WILL BE CONTINUOUSLY AVAILABLE,.
- NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISIONS OF THESE TERMS OF SALE THAT EXEMPT THE GROUP FROM LIABILITY, EVEN IF THE GROUP IS LIABLE TO USER FOR DAMAGES DUE TO THE APPLICATION OF THE APPLICABLE CONSUMER PROTECTION LAWS OR OTHER APPLICABLE LAWS AND REGULATIONS, THE GROUP SHALL NOT BE LIABLE TO COMPENSATE FOR ANY DAMAGE EXCEEDING THE TOTAL AMOUNT OF THE PURCHASE PRICE OF THE PRODUCT PAID BY THE USER TO THE GROUP THROUGH THE SERVICES DURING THE PAST 12 MONTHS. HOWEVER, THIS DOES NOT APPLY IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF THE GROUP, ITS REPRESENTATIVES, OR ANY PERSON EMPLOYED BY THE GROUP.
- NOTWITHSTANDING THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISIONS OF THESE TERMS OF SALE THAT EXEMPT THE GROUP FROM LIABILITY, EVEN IF THE GROUP IS LIABLE TO USER FOR DAMAGES DUE TO THE APPLICATION OF THE APPLICABLE CONSUMER PROTECTION LAWS OR OTHER APPLICABLE LAWS AND REGULATIONS, IN NO EVENT SHALL THE GROUP BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS AND GOODWILL). PROVIDED THAT, HOWEVER, THIS DOES NOT APPLY IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF THE GROUP, ITS REPRESENTATIVES, OR ANY PERSON EMPLOYED BY THE GROUP.
- ANY TRANSACTION, COMMUNICATION, DISPUTE, OR THE LIKE ARISING BETWEEN USER AND ANOTHER USER OR A THIRD PARTY IN CONNECTION WITH THE SERVICES OR ANY WEBSITE OPERATED BY THE GROUP SHALL BE RESOLVED BY THE USER AT THEIR OWN RESPONSIBILITY.
Article 18 (Amendment to these Terms of Sale)
- The Group may amend all or part of these Terms of Sale, by giving notice in the manner that the Group deems appropriate, by establishing a certain period of advance notice, in cases where it serves the general interest of Users, as well as in the event of changes in social conditions, economic situations, tax systems, or changes in other general circumstances, changes in laws and regulations, changes in actual circumstances regarding the Services, or otherwise if it is deemed that there are reasonable grounds. These Terms of Sale after amendment will apply upon the expiration of the advance notice period. In the event that User uses the Services after the period of advance notice (in the case of annual or monthly subscription products, if the contract is renewed after the amendment to these Terms of Sale), the User shall be deemed to have consented to these Terms of Sale after amendment.
- If User does not wish to continue using of the Services after the amendment to these Terms of Sale under the provisions of paragraph 1, the User may request to unsubscribe from the Services in the manner determined by the Group until the date on which these post-amendment Terms of Sale are applicable as set out in paragraph 1.
Article 19 (Severability)
Even if any provision of these Terms of Sale or any portion thereof is determined to be invalid or unenforceable under applicable consumer protection laws or other applicable laws and regulations, the remaining provisions of these Terms of Sale and the remaining portion of the provision partly determined to be invalid or unenforceable shall remain in full force and effect.
Article 20 (Governing Law and Jurisdiction)
- These Terms of Sale and the Service Agreement shall be governed by the laws of Japan.
- For any and all disputes arising out of or in connection with these Terms of Sale, the Service Agreement, or the Services, the Osaka District Court shall has the exclusive jurisdiction for the first instance.
Established on April 7, 2026