Terms of service

Terms of Service

These terms and conditions apply when using "Scrothing Picture" (hereinafter referred to as "this service") provided by New Function LLC (hereinafter referred to as "the Company"). Please read these terms carefully and use the service only after agreeing to the contents.

1. Application of Terms

  1. These terms and conditions set forth the various conditions under which our company provides this service and under which customers receive the service.
  2. These terms also include the Terms of Service of Shopify Inc. (https://link). Shopify Inc. is the company that provides the e-commerce platform used by our company to offer this service, and the Terms of Service of Shopify Inc. contain important conditions regarding the use of this service.
  3. We may establish individual terms, other guidelines related to the use of this service, consent forms, contracts, and the like, including detailed service content, in connection with the provision of this service. In such cases, the individual terms, other guidelines, consent forms, contracts, etc. shall apply preferentially to your use of this service as part of these terms and conditions.
  4. By accessing or using any part of this site, you agree to be bound by these Terms of Use. If you do not agree to all the terms herein, you may not access this website or use any part of the services. By using the services, you are deemed to have agreed to these terms.
  5. If the customer is a minor, the customer must obtain the consent of a parent or legal guardian to use this service. We consider the use of this service by a minor customer to have been conducted with the consent of the parent or legal guardian.
  6. All information related to this service is subject to change without notice.
  7. Please use this service at your own responsibility.
  8. Our company assumes no responsibility whatsoever for any damages arising from the use of this service.

2. Service Agreement

  1. Customers who wish to use the services provided by our company shall apply for use in accordance with the method specified by our company.
  2. In connection with the application in the preceding paragraph, the contract for the use of the relevant service between the customer and our company shall be established upon confirmation of the application details between the customer and our company, and notification including the confirmed reservation date.
  3. Notwithstanding the provisions of this article, if there is a violation of these Terms in connection with the use of this Service, the Company may take measures such as cancellation of the sales contract, claim for damages, or other actions deemed appropriate by the Company. The Company shall not be liable for any damages or disadvantages suffered by the customer due to such measures, except in cases of intentional misconduct or gross negligence by the Company.

3. Payment Methods

  1. The payment methods are based on the fees listed on our website and include credit card, bank transfer, and other methods specified by our company.
  2. If you wish to add additional services, extra charges will apply.
  3. In the case of payment by credit card, the customer shall comply with the terms separately agreed upon between the customer and the credit card company. If any dispute arises between the customer and the credit card company related to the use of the credit card, the customer shall resolve such dispute at their own responsibility and expense.

4. Changes and Cancellations of Reservations

　For changes or cancellations to your order, please contact us via [Contact Us].

5. Cancellation Fee

　We adhere to the cancellation policy established by our company.

6. Regarding Photography Data, Prints, and Hanging Scrolls

  1. Loss, destruction, or damage of data after download is the customer's responsibility.
  2. The copyright and other intellectual property rights of digital content are not transferred to the customer.

7. Reshooting and Refund

　We adhere to the cancellation policy established by our company.

8. About Cancellations and Returns

　We adhere to the cancellation policy established by our company.

9. About Kimono Rental and Hair & Makeup

  1. Kimono Rental
  2. If the rented kimono is stained or damaged, you may be charged for repair costs or purchase fees.
  3. Please return the kimono by the specified due date. If there is a delay, late fees may be charged.
  4. Hair & Makeup
  5. Please refer to the photos in our catalog and website for hair and makeup styles.
  6. Depending on the customer's hair type and length, the desired style may not be achieved, but we cannot offer a redo of the hair and makeup or a refund.

10. Disclaimer Regarding Services

  1. Our liability for quality and other defects provided through this service shall be limited to those stipulated in the preceding article, except in cases of intentional or gross negligence on our part.
  2. Our company makes no guarantees regarding the legality, usefulness, completeness, accuracy, timeliness, reliability, or suitability for any specific purpose of the displays on the website of this service, as well as photos and comments related to products posted by customers, and comments posted on Twitter, Instagram, or other SNS services.
  3. We strive to display the colors and images of the products listed in our store as accurately as possible; however, we cannot guarantee that the colors will be displayed accurately on your computer monitor.  
  4. For custom-made products, there is a possibility that the finished product may differ from the customer's image. Additionally, the production time varies depending on the product.
  5. Some products or services may only be available online through the website. These products and services may be limited in quantity and may become out of stock.
  6. For international shipping, customs duties and import taxes may apply, and delivery may be delayed. These costs and delays will be the responsibility of the customer.
  7. During the production experience, any tasks performed by the customer themselves (including the use of an iron) must be carried out at the customer's own risk, following the safety precautions confirmed in advance. Our company shall not be held responsible for any injuries caused by the customer's negligence, provided that the customer has signed the consent form.

11. Intellectual Property Rights and Content

　All intellectual property rights, including copyrights, and all other rights related to all materials constituting this service belong to our company or third parties who hold such rights. Customers shall not acquire any rights to all materials of this service and shall not engage in any acts that infringe on the rights related to the materials without the permission of the rights holder. The license to use this service under these terms does not imply that our company grants permission to use the rights of third parties who hold rights related to this service.

12. Changes, Additions, and Suspension of Services

　Our company may change, add to, or suspend all or part of the content of this service without prior notice to customers, and customers agree to this in advance.

13. Price Changes

　The product prices are determined by our company from time to time and may be changed without prior notice. Any price changes will be notified by updating the price display of the relevant product on our website.

14. Personal Information

　Customer personal information will be handled appropriately in accordance with the privacy policy.

15. Prohibited Matters

　Our company will appropriately handle the personal information obtained through the use of this service by customers in accordance with our privacy policy.

  1. Customers are not allowed to perform the following actions.
  2. Acts that obstruct or may obstruct the operation of this service
  3. Acts that interfere with other customers' use of this service
  4. Acts that infringe on copyrights or other rights related to this service
  5. Acts that infringe on the rights or interests of our company, other customers, or third parties (including but not limited to rights of honor, privacy rights, and copyrights)
  6. Acts that violate public order and morals or other laws and regulations, as well as acts that may potentially violate them
  7. Acts that violate these terms and conditions
  8. In addition to the preceding items, any acts that the Company deems inappropriate in light of the purpose of this service
  9. If the Company determines that the Customer has engaged in any acts stipulated in the preceding paragraph, the Company may, without prior notice to the Customer, suspend all or part of the use of the Service or take other measures that the Company deems necessary and appropriate. The Company shall not be liable for any damages or disadvantages incurred by the Customer as a result of the measures taken under this paragraph.

16. Exclusion of Antisocial Forces

　The customer guarantees the following matters to our company.

  1. That they themselves are not organized crime groups, companies affiliated with organized crime groups, corporate racketeers, or persons equivalent to these or their members (hereinafter collectively referred to as "antisocial forces").
  2. That its own officers (meaning employees who execute business, directors, executive officers, or those equivalent to these) are not antisocial forces.
  3. That you will not allow antisocial forces to use your name to conclude this contract.
  4. Do not engage in the following acts by yourself or through a third party.
  5. Acts of threatening behavior or violence against the other party
  6. Unreasonable demands exceeding legal responsibility
  7.  Acts of obstructing the other party's business or damaging their credibility by using deceit or force

17. Disclaimer

  1. In the event that all or part of this service is suspended, interrupted, or delayed due to natural disasters, wars, terrorist acts, riots, labor disputes, epidemics, enactment or revision of laws, intervention by government agencies, or other force majeure events, our company shall not be liable for any damages or disadvantages incurred by the customer.
  2. Customers understand that the entire or partial suspension, interruption, or delay of this service may occur due to communication line or computer failures, system maintenance, or other reasons, and the company shall not be liable for any damages or disadvantages incurred by H as a result. Furthermore, the company shall not be responsible for any damages or disadvantages arising from the customer's usage environment.
  3. We do not explicitly or implicitly guarantee the following matters.
  4. The usefulness, completeness, accuracy, timeliness, reliability, and suitability for specific purposes of the content of this service and the information provided through this service.
  5. The information provided by this service does not infringe on the rights of any third party.
  6. That this service will continue to exist in the future
  7. Our company shall not be obligated to restore all or part of the data, etc., if it is lost, damaged, or altered for any reason, and shall not be liable for any damages or other losses incurred by the customer or any third party due to such loss, damage, or alteration.
  8. Our company shall not be liable to compensate customers beyond the value of the relevant product, etc., in cases where we are responsible for the customer's use of this service. Furthermore, we shall not be liable for compensation for incidental damages, indirect damages, special damages, future damages, or lost profits.

18. Confidentiality

　Customers shall not disclose or leak any information received or obtained from our company in connection with the use of this service to any third party, nor use it for purposes other than the use of this service.

19. Notifications from Our Company

  1. When we notify customers, we will do so by sending an email to the email address provided by the customer through the website, posting on the website related to this service, or by any other method that we deem appropriate.
  2. In the event that we send a notification, if it is sent to the email address specified in the preceding paragraph, the notification shall be deemed to have reached you at the time it is recorded on the mail server of that email address.
  3. If the customer changes the email address specified in Article 1, they shall promptly notify our company. Any notifications sent by our company to the email address before the change, until we receive the notification of the change under this clause, shall be deemed to have reached the customer at the time of sending.
  4. Even if the customer suffers damage or disadvantage due to the customer's failure to provide the notification stipulated in the preceding paragraph, the company shall not bear any responsibility.

20. Disputes with Third Parties

  1. You agree to indemnify, defend, and hold harmless New Function LLC and its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims or demands, including reasonable attorney's fees, arising out of or resulting from your violation of these Terms of Use or any documents referenced herein, or your violation of any law or the rights of any third party.
  2.  Regarding disputes that arise between the customer and a third party in connection with this service, the customer shall resolve them at their own expense and responsibility, and the company shall bear no responsibility whatsoever.
  3. In relation to the preceding paragraph, if our company suffers any damages (including attorney fees), the customer shall compensate for such damages.

21. Prohibition of Transfer of Rights and Obligations

　The customer may not assign, transfer, create a security interest on, or otherwise dispose of all or part of their contractual position or the rights and obligations arising therefrom under these terms without the prior written consent of our company.

22. Severability

　If any provision of these Terms is found to violate the laws applicable to the contract between you and us based on these Terms and is deemed invalid, that provision shall not apply to the contract with you to the extent of such violation. Even in this case, the validity of the other provisions of these Terms shall not be affected.

23. Changes to These Terms

　If it becomes necessary to change these terms and conditions, we may do so in accordance with Article 548-4 of the Civil Code (Changes to Standard Terms and Conditions). When changing these terms and conditions, we will specify the effective date and notify the following matters on our website by the effective date.

  1. Notice of Changes to These Terms
  2. Contents of the Terms and Conditions after Amendment
  3. Effective Date

24. Governing Law and Jurisdiction

  1. These terms and conditions are governed by Japanese law.
  2. Our company and the customer hereby agree in advance that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance for resolving any disputes arising between our company and the customer in relation to this service.

(Supplementary Provisions)

These terms and conditions shall apply from October 10, 2024.