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ZeBrand User Policy

Morisawa USA Inc. (hereinafter, referred to as “Morisawa”), the operator of ZeBrand (https://zebranding.com) and other websites, including in each case any successor or country-specific sites, through which Morisawa provides its Services, (hereinafter, collectively referred to as “the Websites”) hereby sets forth the basic user policy for the Websites as described below.

IT IS IMPORTANT THAT YOU READ CAREFULLY AND UNDERSTAND THIS USER POLICY. BY CLICKING "GET STARTED" BUTTON ON THE PREVIOUS PAGE, YOU AGREE TO BE BOUND BY THIS USER POLICY AND CONFIRM THAT YOU HAVE HAD ACCESS TO THIS USER POLICY FOR AT LEAST THREE (3) DAYS. IF YOU DO NOT ACCEPT THIS USER POLICY, YOU WILL NOT BE ALLOWED TO USE OR ACCESS THE SERVICES. IF YOU ARE ACCEPTING THE TERMS OF THIS USER POLICY ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR LEGAL ENTITY TO THE TERMS OF THIS AGREEMENT AND, IN SUCH EVENT, “YOU” OR “USER” WILL REFER TO THAT COMPANY OR LEGAL ENTITY.

By using the Services, you represent and warrant that you are at least 20 years of age and have reviewed and consented to the terms of the Policy, or, if you are under 20 years of age but above 14 years of age, then you affirm that you possess the legal consent of your parent or guardian to access and use the Services. If you are a parent or guardian agreeing to the terms of the Policy for the benefit of anyone under the age of 20, you represent and warrant that you have reviewed and now consent to the terms and conditions and accept full responsibility for that minor’s use of the Services, including all financial charges and legal liability that such minor may incur in connection with the use of the Services.

Article 1: Definitions

Terminology used in the Policy is defined in the following items.

  1. “User(s)” refer to those persons or corporate entities who, upon consenting to the Policy, use ZeBrand according to the prescribed method.
  2. The “Services” refer to all services provided through the Websites.
  3. The “Policy” is a general term that refers to this user policy, the User Guide, and other policies and guidelines, including any Supplemental Policies, provided by Morisawa.
  4. “User Profile(s)” refer to those web page, including User’s company profile, created by User through the Services.

Article 2: Users

The Policy applies to all User. Users may create User Profiles through the Services and share it with your clients or any other third parties by providing them access to the webpage of User Profiles. Users must comply with the Policy at all times when using the Services.

Article 3: Terms Applicable to Corporate Entities

The following terms and conditions apply specifically to any corporate entity or other legal entity that is subject to the terms of the Policy:

  1. If you are representing a company or other legal entity, you represent and warrant that you are the legal representative of the company or entity and that you are authorized to legally bind the company or entity to the terms of this Policy;
  2. You must require each of the company or entity’s employees that use or access the Services to be bound by the terms of the Policy; and
  3. You must remain responsible and liable for all acts and omissions of the company or entity’s employees in connection with the use of the Services, including any breach of the terms.

Article 4: Prohibitions

In using the Services, Users must not engage in the acts described in the following items:

  1. Violation of laws or the Policy;
  2. Damage to the rights, interests or reputations of Morisawa, other users or third parties;
  3. Copying, storing, selling, distributing, and/or publicly transmitting any of User’s Profiles except for text information entered by User itself (i.e. User may not copy the graphic images created through the Services).
  4. Actions that may offend or create a nuisance for Morisawa, other users or third parties;
  5. Entering of false information, defamation, infringement, threats, harassment, and commitment of fraud or tortious activity;
  6. Sending or posting harmful computer programs or emails;
  7. Disclosing to a third party through the use of the Services or in relation to the Services or the Policy, information, text, graphics or other content which is or may be contrary to public order and morality;
  8. Unauthorized access to Morisawa's servers or other computers; or
  9. Other actions deemed inappropriate by Morisawa.

Article 5: Handling of Users’ Information

Morisawa handles personal information in accordance with the ZeBrand Privacy Policy (https://zebranding.com/privacy-policy).

Article 6: Scope of Services

Support for the Services outside of the United States will be provided only in English.

Article 7: Indemnification

You agree to indemnify, defend, and hold harmless Morisawa, its affiliates, agents, directors, officers, employees, consultants or other representatives, from and against any and all claims, damages, losses, costs (including reasonable legal and accounting fees) and other expenses due to, or arising out of, your breach of the terms of the Policy or your access to, use, or misuse of the Services or the Websites. Morisawa shall provide notice to you of any such claim, suit, or proceeding. Morisawa reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this article. In such case, you agree to cooperate with any reasonable requests to assist Morisawa in defense of such matter.

Article 8: Disclaimer of Warranties

THE WEBSITES AND ALL MATERIALS, INFORMATION AND CONTENT ON THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MORISAWA, ITS AFFILIATES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE WEBSITES, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MORISAWA DOES NOT WARRANT THAT YOUR USE OF THE WEBSITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, THE MATERIALS, OR THE SERVER(S) ON WHICH THE WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICES OR CONTENT, AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE WEBSITES. Morisawa is not liable for any damages incurred due to obstructions to communication lines or computers, system interruptions, delays, or suspensions, loss of data or unauthorized access. Morisawa has no responsibility for damages incurred by the User regarding the Services provided by Morisawa. Morisawa provides no guarantees that email content sent from its webpage, server or domain is free from viruses or other harmful content. Morisawa may at times provide information and advice to Users, but this does not constitute liability for the same. Morisawa has no liability for damages arising from violation of the Policy by the User.

Article 9: Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MORISAWA NOR ANY OF ITS AFFILIATES OR AGENTS, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING IN ANY WAY TO THE WEBSITES AND/OR ANY MATERIALS CONTAINED ON THE WEBSITES, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES OR MATERIALS IS TO STOP USING THEM. NOTWITHSTANDING THE FOREGOING, IF MORISAWA IS FOUND TO BE LIABLE, ITS AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE, ON A CUMULATIVE BASIS INCLUDING FOR ANY USER POLICY OR END-USER LICENSE AGREEMENT LICENSEE MAY HAVE BEEN PRESENTED OR AGREED TO WITH MORISAWA, LIMITED TO THE TOTAL AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO ACCESS AND USE THE SERVICES IN THE PRECEDING TWELVE (12) MONTHS.

Article 10: Suspension of Services

In order to ensure the Services are always available to Users in good condition, when periodic maintenance or urgent maintenance measures are being conducted, Morisawa determines that operation of the Services may be hindered, there is a need to ensure the security of Users or Morisawa determines it is otherwise necessary, Morisawa may, without prior notification and at any time in its sole discretion, take necessary measures, including suspension of all or part of the Services. In such cases, Morisawa will take no responsibility for any damage incurred by the User through such acts, and the User shall take full responsibility and liability for said damages.

Article 11: Suspension of Use

In the event it determines that any of the following items apply to a specific User, Morisawa may, without prior notice and at any time in its sole discretion, suspend use of the Services by said User:

  1. Violation of laws or the Policy by the User;
  2. Unlawful acts committed by the User in relation to use of the Services;
  3. When otherwise deemed necessary by Morisawa.

Morisawa will take no responsibility for any damage incurred by the User through such acts, and the User shall take full responsibility and liability for said damages.

Article 12: Changes to or Abolishment of Services

Morisawa may change or abolish all or part of the Services at its own discretion. Prior to such change or abolishment, Morisawa shall provide notice to the User. Morisawa will take no responsibility for any damage incurred by the User through such acts, and the User shall take full responsibility and liability for said damages.

Article 13: Effects of Termination

  1. Termination of the Services, will result in the forfeiture and deletion of all content, including the entire Services configuration and website design data, and once deleted, this information cannot be recovered or retrieved. Upon any such termination, the User’s right to use the Service will immediately cease.
  2. The following Articles will survive any termination of this Policy: Articles 1 (Definitions), 7 (Indemnification), 8 (Disclaimer on Warranties), 9 (Limitation on Liability), 13 (Effects of Termination), 14 (Amendments to the Policy), 15 (Governing Law and Jurisdiction), 16 (Entire Agreement and No Amendment), 17 (Waiver, Severability), 18 (Interpretation) and 19 (Notice Provision).

Article 14: Amendments to the Policy

Morisawa may amend the Policy at its own discretion and may also set forth policies that supplement the Policy (hereinafter, referred to as the "Supplementary Policies"). Amendments and Supplementary Policies shall be posted to the Websites seven (7) days prior to such amendments and Supplementary Policies going into effect, provided that such amendments and Supplementary Policies shall be posted thirty (30) days prior to such amendments and Supplementary Policies go into effect if such changes are disadvantageous to the User (such seven (7)-day or thirty (30)-day period, as applicable, the “Acceptance Period”). Morisawa shall notify User of the updated Policy, the effective date, and reason for such amendments by email or other means. If any change to the Policy is not acceptable to you, your sole remedy is to express your refusal to such changes during the Acceptance Period. In case where there is no such refusal during the Acceptance Period, it is deemed that you have consented to such changes of the Policy.

Article 15: Governing Law and Jurisdiction

The laws of Japan shall govern the Policy and where lawsuits pertaining to the Policy are necessary, the Osaka District Court shall be the court of exclusive jurisdiction in the first instance.

Article 16: Entire Agreement and No Amendment

The terms of this Policy, together with any end-user license agreement you may have been presented or agreed to with Morisawa, contain the entire agreement between Morisawa and you with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Morisawa and you with respect to the Services. Subject to Article 14, this Policy may not be modified or amended except in writing and if signed by an authorized representative of Morisawa.

Article 17: Waiver, Severability

Any failure to enforce any provision of the terms of the Policy will not constitute a waiver thereof or of any other provision hereof. None of the conditions of this Policy will be considered waived unless such waiver is in writing and approved by Morisawa. No such waiver will be a waiver of any past or future default, breach or modification of any of the conditions of this Policy unless expressly stipulated in such waiver. If any provision of the terms of the Policy is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the terms of the Policy and will not affect the validity and enforceability of any remaining provision.

Article 18: Interpretation

The headings in this Policy are solely for convenience of reference and will not affect its interpretation. Unless the context otherwise requires, the singular includes the plural, and the plural includes the singular. Unless otherwise specifically stated, references to Articles or Sections refer to sections in the main body of this Policy and the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Policy as a whole and not to any particular section or paragraph. The words “include,” “includes,” “including” and derivative forms of them will be deemed followed by the phrase “without limitation” regardless of whether such phrase appears there (and with no implication being drawn from its inconsistent inclusion or non-inclusion). Any ambiguities in this Policy will not be strictly construed against Morisawa but will be resolved by applying the most reasonable interpretation under the circumstances. This Policy will not be construed against Morisawa by reason of its preparation.

Article 19: Notice Provision

Except where otherwise indicated, any notice, request, demand or other communication required or permitted hereunder must be in writing and reference this Policy, and will be deemed to be properly given: (a) when delivered personally; (b) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (c) two (2) business days after deposit with a private industry express courier, with written confirmation of receipt. All notices shall be sent to Morisawa at the following address:

795 Folsom Street 1st Floor San Francisco CA USA 94107

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