1. ACCEPTANCE OF TERMS
Welcome to Rinkya! Rinkya provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time from any of the links from the main home page.
In addition, when using particular Rinkya services, you and Rinkya shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Rinkya currently provides users with access to a rich collection of proxy auction resources on Yahoo Japan Auctions and other sites, including proxy shopping services (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Rinkya to provide the Service.
For purposes of this agreement, all references to Rinkya in this agreement shall apply to partners, affiliates, and site operators providing services or working in conjunction with www.rinkya.com.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rinkya has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Rinkya may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Rinkya is concerned about the safety and privacy of all its users, particularly children. For this reason, use of the Service is restricted to people who are 18 years of age or older.
4. SERVICE FEES AND BIDDING RULES
You agree to pay the current service fees and following the bidding rules for auctions won through this site described in the bidding rules and service fees document at the link below. The bidding rules and service fees are part of the TOS. These are provided at the link below.
Failure or inability to read the complete TOS does not excuse your obligations. If you are in doubt about any of the provisions, you should abstain from using the service until you obtain written clarification from Rinkya. Regardless, you shall be liable for any obligations you may have incurred.
In the event that there is a conflict between the terms in this general section and the more specific terms in the bidding rules and service fees, the terms in this general section shall prevail.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Rinkya of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) use the account and password for your own exclusive use and to not share the account with anyone else. Rinkya cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You agree to indemnify and hold Rinkya, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any actions you perform through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. ITEMS EXCLUDED FROM BIDDING
Rinkya does not permit you to bid on items that are illegal in the United States, items that are questionably legal, food, agriculture, items that require special processing by customs, airguns, or child pornography items. For example, if you bid on doujinshi, characters must not be under 18. This means that items doujinshi such as the following are excluded: Pretty Sammy, Card Captor Sakura, Skuld, etc.
In the event that you bid and win on any of the items that could fall into the categories above, we have the right to cancel your auction and/or charge fees necessary to preserve our obligations to the seller. If you continue to bid on items such as these, we will cancel your account. If you bid on adult products, we are not responsible for items confiscated by customs.
All sales are FINAL. Items are sold AS-IS and there are no refunds available under any circumstances. The entire risk as to the quality and performance of the merchandise is with the buyer. Should the merchandise prove defective or lacking in quality following purchase, the buyer, and not the manufacturer, distributor, or retailer assumes the cost of all necessary servicing or repairs. You are also responsible if a seller does not send an item. You must take precaution before bidding, such as checking a seller's feedback, asking questions before bidding, doing research etc. to avoid this. We pass on the rules of Yahoo Japan. There is no recourse for fraud. BUYER BEWARE, THERE IS NO BUYER PROTECTION!
You agree that Rinkya, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Rinkya believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Rinkya may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Rinkya may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Rinkya shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rinkya has no control over such sites and resources, you acknowledge and agree that Rinkya is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rinkya shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RINKYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. RINKYA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RINKYA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RINKYA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RINKYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
15. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Rinkya and govern your use of the Service, superceding any prior agreements between you and Rinkya. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Rinkya shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and Rinkya agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Maricopa, Arizona. The failure of Rinkya to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within sixty (60) days after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Regarding items left in warehouse:
As agreed to at the time of purchase of service, Rinkya is authorized to charge the payment method on file for all shipment costs to your billing address if items are located at warehouse 90 days after purchase. If payment methods fail, any items left at the warehouse for more than 120 days will be considered abandoned. Rinkya may remove and dispose of the contents thereof.
Regarding Auto Charging:
Accounts are in default if payment is not received within 48 hours of auction win. You authorize Rinkya to charge your card on file in the case of non-payment for items and for shipment of your items. You authorize Rinkya to automatically charge the credit card account for payment of all sums due to Rinkya for use of the Service, as defined and agreed to at the time of purchase of the Service. If your payment method fails we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel)
Payment on your Account Payments are only accepted in the Rinkya account holder's name for security purposes. Thank you for your cooperation.
The English version of this TOS has precedence in the event of any disagreement.