Terms of Use

Terms of Use of FabCafe EC Website

These terms of use (hereinafter referred to as the “Terms of Use”) shall be commonly applicable to all persons who use the EC Website atfabcafe.com (http://fabcafe.com) (hereinafter referred to as the “Website”), owned and/or managed by FabCafe Limited Liability Partnership (hereinafter referred to as “FabCafe”). Any persons who use the Service of the Website shall be deemed to have agreed with any and all conditions stipulated in the Terms of Use. If Members and Others (as defined in Article 1, paragraph 3 below) purchase any FabCafe item through the Amazon.co.jp website, which is managed collectively by Amazon.com Int’l Sales, Inc. and Amazon Services International, Inc. (hereinafter collectively referred to as “Amazon Inc, etc.”), the Members and Others shall also be subject to any relevant procedures, guidelines and regulations etc. which regulate the services provided by the said website.

  1. Definitions

    1. “Service” means services, in which FabCafe sells art works, craft works, design data (including those for illustrations and photographs), various service tickets and other similar products on the Website or the Amazon.co.jp website to the Members and Others (as defined in Paragraph 3 hereof), and other related services provided by FabCafe.
    2. “Members” means those individuals and corporate customers who have accepted the Terms of Use and registered as members in accordance with the procedures prescribed by FabCafe for the use of various services available on the Website.
    3. “Members and Others” means Members, applicants for membership registration and visitors to the Website.
    4. “Usage Fees” collectively means commissions for the sale of the products and other items through the use of the Service, and any and all expenses arising in connection with the use of the Service.
  2. Conditions of Use of the Service

    1. Any persons who wish to use the Service are required to agree to the Terms of Use. A person who does not agree to the Terms of Use shall not be permitted to use the Service.
    2. In cases where the use of the Service is prohibited under any laws of the country in which the Members and Others live or any laws of other countries including those from which such Members and Others access the services, such Members and Others shall not be permitted to use the Service.
    3. FabCafe shall comply with laws and regulations, etc. and bear the responsibility of clearly specifying detailed information concerning the products (including the format of files to be downloaded and operating environment) and the conditions of transactions for the Members and Others.
    4. Any information to be input by the Members upon registration (hereinafter referred to as “Members’ Information”) must be accurate information concerning the Members themselves. Each Member shall update their own Members’ Information by himself or herself if there are any changes to the information of that Member.
    5. The Members shall be responsible for managing their IDs and passwords, which FabCafe will grant to them upon registration. Any responsibility with respect to any losses arising due to poor management of IDs and passwords, errors in usage, usage by third parties or any other similar events shall be borne by the Members and FabCafe shall bear no such responsibility at all.
  3. Purchase of Products

    1. The Members and Others may use the Service and purchase products which are produced by FabCafe and products which FabCafe sells after obtaining licenses to sell the products from their creators.
    2. When the Members and Others wish to purchase the products, the Members and Others shall submit an offer to purchase the products in accordance with manners prescribed on the Website.
    3. FabCafe, when it receives offers to purchase products from Members and Others, shall send the Members and Others an e‐mail accepting such offers to purchase, and at the time that such e‐mail is recorded in the mail server of the Members and Others in a readable condition, an individual purchase agreement (hereinafter referred to as the “Individual Agreement”) for the submitted offers to purchase shall be concluded between the Members and Others and FabCafe.
    4. Upon the conclusion of the Individual Agreement, FabCafe shall deliver the products to the Members and Others within the time periods stated by FabCafe, and the Members and Others shall pay the price of the products (inclusive of consumption tax), shipping costs, handling costs and any other relevant costs (hereinafter referred to as the “Price and Other Costs”).
    5. Except as expressly provided for in the Terms of Use or provided for in the applicable laws, orders placed after the conclusion of the Individual Agreement cannot be changed or cancelled. Upon the conclusion of the Individual Agreement, the Members and Others shall be deemed to have agreed to any and all terms of the Individual Agreement.
    6. Notwithstanding the provision set forth in Paragraph 3 hereof, in cases where the Members and Others have performed fraudulent or improper acts in relation to the use of the Service, FabCafe may rescind or terminate the Individual Agreement or otherwise take appropriate measures. In the event any manifest errors are found in the sale conditions presented by FabCafe on the Website, the Individual Agreement may be terminated by FabCafe.
    7. The products to be shipped through the Service shall be limited to addresses within Japan.
    8. When purchasing the products, the Members and Others shall fully confirm the information concerning the products as presented by FabCafe, the contents of the offers to purchase the products made by the Members and Others, cautions from FabCafe to the Members and Others when they are submitting offers to purchase products, and the contents of the Terms of Use.
    9. FabCafe shall reserve the right to refuse orders from any Members and Others who have been engaged in dispute(s) concerning the order of products in the past, any Members and Others who have been in breach of the Terms of Use in the past, any Members and Others where FabCafe considers that they are presently engaged in fraudulent activities due based on reasonable grounds or any other Members and Others where FabCafe considers that it should not make a transaction with them for legitimate reasons.
    10. Notwithstanding the provisions set forth Paragraphs (3) to (9) of this Article, the Members and Others shall be subject to such procedures, guidelines and regulations etc. as are stipulated by Amazon Inc, etc. if they purchase any FabCafe item through the Amazon.co.jp website, which is managed collectively by Amazon Inc, etc.
  4. Usage Fees of the Service and Manner of Settlement

    1. In the course of usage of Service system there are some instances where payment of the Usage Fees is required. The exact amount of such Usage Fees and any similar fees shall be stipulated in the user’s guide etc.
    2. The payments concerning the purchase of data and tickets set forth in the preceding Paragraph shall be settled through the online payment system provided by PayPal Pte, Ltd. with which Loftwork Inc. has executed the relevant agreement (hereinafter referred to as “PayPal”). Any matters regarding the settlement including conditions of settlement and refunds shall be governed by PayPal’s terms. FabCafe shall bear no responsibility at all with regard to any disputes arising in relation thereto.
    3. No receipt or the like shall be issued in relation to the amounts paid for the use of the Service.
    4. The Usage Fees of the Service are subject to future changes whenever FabCafe considers it necessary. Any changes to the Usage Fees shall become effective at the time such change is posted on the Website. Provided, however, that in the event of a rise in the Usage Fees, at least thirty (30) days prior to the changes becoming effective, an announcement regarding the changes to the Usage Fees will be posted on the Website. Such changes shall become effective after thirty (30) days have elapsed from the announcement of the change to the Usage Fees on the Website, and users shall be deemed to have accepted such change.
    5. The provisions set forth in Paragraphs (1) to (4) of this Article shall not apply to cases where the Members and Others purchase any FabCafe item through the Amazon.co.jp website, which is managed by Amazon Inc, etc. In such cases, issues concerning the terms and conditions of settlement and refunds shall be subject to the regulations of Amazon Inc, etc.
  5. Return or Replacement of Products

    1. The Members and Others may, only within thirty (30) days after the arrival of the products, have such product returned, replaced or repaired by FabCafe, however, this is limited to unused and unopened products. Provided, however, that FabCafe shall not be liable to compensate for any and all damages incurred by the Members and Others for any hidden defects in the products.
    2. Notwithstanding the preceding Paragraph, no returns on downloaded data including design data shall be accepted.
    3. The Members and Others shall acknowledge in advance that in cases where the Members and Others fail to meet Paragraph (1) hereof, FabCafe shall not be required to accept any returns or replacements of the products. The term “unused and unopened products” as set forth in Paragraph (1) hereof, requires the product to meet any and all of the following conditions:
      1. the products are tagged;
      2. accessories, attached articles, bills and other similar items of the products must be returned in the same condition as when they were delivered; and
      3. any other conditions separately designated by FabCafe.
    4. In the case of a return or replacement of a product pursuant to Paragraphs (1) and (3) hereof, the Members and Others shall comply with the manner separately designated by FabCafe.
    5. In the case of a refusal of receipt of a product after its delivery, or the product was returned to FabCafe due to non-delivery or absence of the Members and Others for a prolonged period of time (in accordance with the storage limitation stipulated by a delivery company) due to reasons attributable to the Members and Others, FabCafe shall deem such product to be a return of products on the Members and Others’ own accounts after FabCafe has notified thereof by e-mail or telephone within seven (7) days of such product being returned to FabCafe from the delivery company. Such fees and shipping costs arising from reshipment of the products, refusal of receipt of delivery and/or absence of the Members and Others for a prolonged period of time shall be all born by the Members and Others.
  6. Stocks

    1. Any products and prices posted on fabcafe.com are subject to stock availability, and in the case of a product being out of stock, FabCafe shall inform the Members and Others thereof at the time the order is placed. Provided, however, that in cases where FabCafe concurrently receives several orders for the same product from Members and Others, exceptional errors or amendments to orders may occur.
    2. In the case FabCafe is unable to ship the products ordered, FabCafe shall notify the Members and Others by e-mail or telephone as soon as possible. In such a case, the Members and Others may be asked to change their orders to another product posted on fabcafe.com or cancel such order.
    3. Any amount of money withdrawn from the bank account of the Members and Others even though their order has been cancelled shall be refunded to the Members and Others appropriately.
    4. FabCafe shall not bear responsibility for out of stock products or the possibility of having such products in stock again.
    5. FabCafe shall retain the right to change the products posted on fabcafe.com at any time, without any prior notice.
  7. Prohibited Acts

    1. The Members and Others are prohibited from performing any of the acts listed in each of the following items (hereinafter referred to as “Prohibited Acts”):
      1. any acts in violation of this Terms of Use;
      2. any acts in violation of the applicable laws or ordinances (laws, cabinet orders, ordinances of the Ministry of Japan, prefectural or municipal ordinances, regulations and orders or any other similar rules) or any acts which would have the effect of soliciting or encouraging any acts in violation of such laws or ordinances;
      3. any acts which burden the server;
      4. any acts which disturb the management of the Service or the Service’s network system;
      5. any acts which may cause problems with regard to access to or operation of the server by other Members and Others; and
      6. any other acts which are offensive to the public order or common sense.
    2. In cases where Members and Others perform any of the Prohibited Acts described in the items of the preceding paragraph, the relevant Members and Others shall jointly bear any and all responsibility arising from the performance of the relevant Prohibited Acts, including any liability incurred by FabCafe or any third party to pay damages that has arisen due to the performance of the relevant Prohibited Acts, regardless of whether such performance was intentional or negligent.
  8. Disclaimer

    1. FabCafe shall bear no responsibility at all with respect to losses that arise on the part of the Members and Others or any third party due to the addition or amendment to or trouble with the content of the Service or any other unexpected reasons.
    2. In cases where it is revealed that the Members and Others performed any acts in violation of the Terms of Use or laws or ordinances or any other fraudulent acts, FabCafe is entitled to suspend the relevant Members and Others from using the Website. FabCafe shall bear no responsibility at all with respect to any losses arising therefrom.
    3. In order to refuse the use of the Website by such persons who have been in violation of the Terms of Use, for example, those persons who have caused losses to other Members and Others or any third party, or those persons who intend to use the service for fraudulent and/or inappropriate purposes, FabCafe may disclose to its partners the status of utilization of the Website by such persons or information pertaining to the names, addresses or any other similar information of such persons.
    4. Any troubles among Members and Others shall be resolved among the parties concerned and FabCafe shall bear no responsibility therefor.
    5. FabCafe shall bear no responsibility at all with respect to any and all losses arising from linked URLs of advertisements contained in e-mails sent by FabCafe to Members and Others.
    6. FabCafe shall bear no responsibility at all with respect to any and all losses arising from or in relation to the contents of the Service, the status of provision of the Services, the access to the Services, usage environment of the Website or any other matters in relation to the Services on FabCafe’s website.
    7. FabCafe shall reserve the right to delete the accounts of Members who have not used the Service for one (1) year or more.
  9. Intellectual Property Rights concerning the Service

    1. Any patent rights, trademark rights, utility model rights, design rights, know-how, programs, copyrights and any other intellectual property rights and any and all rights relating thereto with respect to contents provided by FabCafe for the Service, such as images, designs, text, characters or any other similar items (hereinafter simply referred to as “Contents”) shall belong to FabCafe or such person who provided FabCafe with the relevant Contents. Contents may only be used within the license granted by the right holder of the Contents.
  10. Amendment of the Service and the Terms of Use

    1. FabCafe may, without giving any prior notice to the Members and Others, make any amendment to, modification of, deletion of or addition to the Service and the Terms of Use at its discretion on a voluntary basis. Except for the provisions set forth in Article 4, Paragraph 4 of the Terms of Use, any amendment to, modification of, deletion of or addition to the Terms of Use shall become effective as of the time when it is posted at the Website and the Members and Others shall be deemed to have agreed with such amendment, modification, deletion or addition if no application for withdrawal is made by the Members and Others within ten (10) days after the date when such amendment of, modification to, deletion of or addition to the Terms of Use becomes effective or in cases where the Members and Others use the Service after such amendment to, modification of, deletion of or addition to the Terms of Use becomes effective.
    2. FabCafe shall bear no responsibility at all with respect to any and all losses arising on the part of the Members and Others or any third party due to the amendment of, modification to, deletion of or addition to the Terms of Use, regardless of whether such damage is direct or indirect, or whether such damage is predictable or not.
  11. Termination and/or Temporary Suspension of the Service

    1. FabCafe may, without giving any prior notice to the Members and Others, terminate, cancel or temporarily suspend all or part of the Service at its discretion on a voluntary basis.
    2. FabCafe shall bear no responsibility at all with respect to any and all losses suffered by any third party due to the termination, cancellation or temporary suspension of all or a part of the Service, regardless of whether such damage is direct or indirect, or whether such damage is predictable or not.
  12. Withdrawal

    1. Upon terminating use of the Service, Members are required to give withdrawal notices to FabCafe pursuant to the procedure stipulated by FabCafe.
    2. When FabCafe has received a notice as provided in the preceding paragraph from a Member and has completed the procedures required for withdrawal, the registration of the relevant Member as a member shall be extinguished and the account of the relevant Member shall be deleted by FabCafe.
  13. Manner of Giving Notices

    1. In cases where FabCafe considers that it is required to give notices to or make contact with the Members, FabCafe will do so by e-mail, telephone, post or otherwise to such e-mail addresses, telephone numbers or addresses described in the Members’ Information registered by the Members.
    2. In cases where any events occur which require the Members to give notices to, make contact with or make inquiries to FabCafe, the Members shall do so to the liaison described on the Website provided by FabCafe.
    3. In cases where any inquiries have been made by Members pursuant to the preceding paragraph, FabCafe may confirm the identity of the relevant Members pursuant to the manner prescribed internally by FabCafe at the relevant point. FabCafe may reply to such inquiries in the manner which FabCafe considers appropriate in each case (including but not limited to by e-mail, telephone, post and other manners).
  14. Privacy Policy

    1. The treatment by FabCafe of the personal information of the Members and Others shall be governed by the privacy policy stipulated on the website of fabcafe.com (http://fabcafe.com/privacy) which is owned and/or managed by FabCafe.
  15. Governing Law and/or Jurisdiction

    1. The Service and the Terms of Use shall be governed by Japanese law. Any disputes arising between FabCafe and the Members and Others with respect to the Service or the Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Precaution Statement

The Members and Others shall agree with the contents of this precaution statement (hereinafter referred to as the “Precaution Statement”) in advance when they wish to purchase and use the design data (including those for illustrations and photographs) (hereinafter referred to as the “Design Data”) on the EC Website at fabcafe.com (http://fabcafe.com/) (hereinafter referred to as the “Website”), owned and/or managed by FabCafe Limited Liability Partnership (hereinafter referred to as “FabCafe”). If you have any inquiries, please consult with the contact service in advance described on the Website provided by FabCafe.

The definitions of any capitalized terms used in the Precaution Statement shall be the same as those defined in the “Terms of Use of FabCafe EC Website” (http://fabcafe.com/help/terms).

  1. Extent of Licenses

    1. FabCafe shall grant limited non-exclusive licenses to use the Design Data to the Members and Others.
    2. FabCafe shall grant licenses to the Members and Others for them to use the Design Data to the extent described in the Precaution Statement and shall not transfer the Design Data or any rights concerning such Design Data to the Members and Others. FabCafe and / or the creators who granted licenses to FabCafe to use the Design Data shall reserve any rights concerning the Design Data and reserve any and all such rights implicitly granted to the Members and Others.
    3. The Members and Others shall have the right to use the Design Data pursuant to the terms and conditions of licenses called ‘creative commons LEGAL CODE’ as described in the following URL, Japanese Version (hereinafter referred to as the “CCPL”). In case there are any differences between the provisions of the CCPL and the Precaution Statement, the provisions of the CCPL shall prevail.
    4. Notes
      http://creativecommons.org/licenses/by-nc-sa/3.0/
  2. Prohibited / Limited Matters

    1. The Members and Others shall agree that the Design Data will not be used for any other purpose than use of laser cutting to personal computers manufactured and sold by Apple Inc. (commonly called Mac products).
    2. Unless so licensed by FabCafe in advance and in writing (including emails; hereinafter the same), the Members and Others may not duplicate, adapt, alter or modify all or a part of the Design Data or create derivative works and shall agree that they shall not conduct such acts and shall not enable any other parties to conduct such acts.
    3. The Members and Others shall agree that they may not rent, lease, sell, distribute (including but not limited to online distribution using the internet), or create securities or sub-licenses over the Design Data, whether with or without charge and whether for commercial or non-commercial purpose.
    4. Notwithstanding the provisions of the Precaution Statement, in case the Members and Others wish to use the Design Data as described in any of the following items, they shall separately apply for the same to FabCafe and shall obtain licenses in advance and in writing from FabCafe.
      1. In case they wish to commercialize the Design Data;
      2. In case they wish to have exclusive licenses over the Design Data;
      3. In case they wish to duplicate, alter or modify the Design Data or create derivative works;
      4. In any other cases separately designated by FabCafe.
    5. The Design Data may not be used (i) so that the reputation, credit or image of the owners of the copyrights over the Design Data would be prejudiced, (ii) so that such use may leave a negative impression, (iii) for any other illegal purpose or (iv) for the purpose of advertising and/or promotion incidental thereto.
    6. The Design Data may not be used for any purposes offensive to public order and morals.
  3. Cancellation

    1. FabCafe may cancel the Individual Agreement without any prior notice if the Members and Others breach any provision of the Precaution Statement.
    2. The Members and Others shall cease to use any and all Design Data in the case that their Individual Agreement is cancelled by FabCafe. In such a case, the Members and Others shall destroy the Design Data pursuant to instructions given by FabCafe.
    3. Whatever the reason is, FabCafe shall bear no responsibilities at all concerning any damage which the Members and Others or any third parties suffer due to ceasing to use the Design Data or concerning any disputes between the Members and Others and any third parties.
  4. Compensation for Damage

    1. If the Members and Others use the Design Data in violation of the Precaution Statement, the relevant Members and Others shall make a payment to FabCafe of an amount equivalent to three ([3]) times the normal license fee of the Design Data as a penalty.
    2. Notwithstanding the preceding paragraph, if the Members and Others breach any provision of the Precaution Statement, the Members and Others shall jointly and severally bear any and all responsibility including liability for damages incurred by FabCafe and any third party who suffered damages due to the relevant breach whether intentionally or negligently.

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