Introduction

Welcome to Prsohtop Otsuka (www.bass.co.jp/www.troutshop.jp/www.umiduri.jp/www.fishingotsuka.co.jp (the "Website").

These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.

This Agreements incorporates Our Privacy Policy and Disclaimer.

These Terms and Conditions outline the rules and regulations for the use of www.bass.co.jp/www.troutshop.jp/www.umiduri.jp/www.fishingotsuka.co.jp. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.

These Terms and conditions are governed by the law of Japan

Contents

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1. Definitions
2. User Rights and Responsibility
   1. Acceptable use
   2. Prohibited Use
3. Our Content
4. Ecommerce
   1. Billing
   2. Payments
   3. Refunds
5. Website Information
6. Security
7. Intellectual Property Rights
8. Copyright Notice
9. Disclaimers
10. Indemnity
11. Termination
12. Consequences of Termination or Expiration
13. Revisions
14. Force Majeure
15. Minimum Age Requirements
16. General
17. User Feedback
18. Contact Us

1 Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:

"Account" refers to the account that You have to create in the Website to log in, use, and access some parts of the Website.

"Company," "Us," "We," and "Our" refers to Proshop Otsuka.

"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.

"Goods" means all goods that We supply and make available to You as detailed in the Invoice.

"Invoice" is a list of the Goods sent or the Services We provide to You, detailing individual amounts of Goods or Services plus a sum total.

"You" and "Your" refer to the visitor, user, client, customer or person accessing the Website and thus accepting this Agreement.

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2 User Rights and Responsibility

2.1 Acceptable use

• Proshop Otsuka will not be held liable should the website be unavailable for any amount of time.
• You are responsible for the safety and confidentiality of your passwords and usernames. Proshop Otsuka has the right to terminate or suspend your username and password should we suspect non compliance by you.
• You are not a minor in the jurisdiction in which you reside.
• The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
• You must use our website for lawful purposes only.

2.2 Prohibited Use

While using our service the following terms must be adhered to:

• to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
• Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
• Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
• Harass, abuse, threaten or incite violence towards any individual or group.
• in any way that breaks or breaches applicable local, national or international laws or regulations.
• in any way which is fraudulent or unlawful.
• Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
• Interfere with any other person's use of or the proper functioning of the Website.
• Misrepresent Your identity or impersonate any person.
• Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
• Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
• Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
• Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
• Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.

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3 Our Content

Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, vendors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.

You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.

Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.

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4 Ecommerce

4.1 Billing

We have engaged the services of PayPal (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:

• credit and background verification of Our potential customers
• access updated payment reports;
• credit administration, management and collection;
• legal assistance in credit recovery;
• assessment of Our customers’ dependability; and
• receive, facilitate and assign Your credit that is due to Us;

The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.

4.2 Payments

You agree to provide updated information regarding Your Paypal or payment method at any time the information is needed.

You give Us and the Payment Processor the pre-authorization to verify if Your Paypal or payment method account is valid and has the necessary funds or credit available to cover Your payments.

You authorize such Paypal to pay any amount described herein.

You confirm that Your credited card has sufficient funds, credit facilities and valid expiry date to cover the payment.

You are solely responsible for any and all fees charged to Your Paypal by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.

All orders are subject to Our credit approval. We reserve the right to withhold shipment or to require other adequate assurances of performance of Your payment obligations as We, in Our discretion, may require, notwithstanding any order confirmation issued by Us.

All payments shall be paid in JPY. You may have to incur costs for conversion and transfer of money if applied by Your financial service provider.

All prices include VAT at current legal rate in Japan, unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, and We shall charge taxes when required to do so.

4.3 Return

We do not accept returns of products sent to customers due to customer convenience. Returns will only be accepted if there is an initial manufacturing defect.

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5 Website Information

We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.

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6 Security

Information provided by you through www.bass.co.jp/www.troutshop.jp/www.umiduri.jp/www.fishingotsuka.co.jp is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.

Our online ordering functionality employs Secure Sockets Layer (SSL) software, the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information. Please see our Privacy Policy for full details on security.

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7 Intellectual Property Rights

We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.

Our intellectual property is protected under copyright, trademark and other intellectual property laws.

As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.

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8 Copyright Notice

All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2023, Proshop Otsuka or its licensors. ALL RIGHTS RESERVED.

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9 Disclaimers

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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10 Indemnity

You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of JAPAN or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.

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11 Termination

We may terminate this Agreement:

• if You breach any of the terms of this Agreement, and that breach is not remediable;
• if You have failed to pay any due charges by the stated date.

We may also block Your access to Our Website in the event that:

• You breach this Agreement;
• We are unable to verify or authenticate any information You provide to Us; or
• We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.

You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.

In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.

Either Party may terminate the Agreement:

Upon 0 days' written notice to the other party of a material breach, if such breach remains uncured at the expiration of such period;

If the other party becomes the subject of petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

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12 Consequences of Termination or Expiration

Upon the effective date of termination or expiration of this Agreement:

• All rights, Subscriptions and licenses granted to You shall be terminated immediately.
• You will immediately cease use of and/or access to the Account, Website, and the Services.
• We will suspend or terminate Your access to the Website and Services.
• We will suspend or terminate access to any or all of the data to the extent permitted by law

The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.

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13 Revisions

This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.

If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.

Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page and by a notice posted on the homepage of the Website.

It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.

Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.

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14 Force Majeure

We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

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15 Minimum Age Requirements

Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.

Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.

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16 General

Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Japan. You consent to the exclusive jurisdiction of the state and federal courts located in Kumagaya, Japan.

Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).

A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.

Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.

Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.

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17 User Feedback

We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at overseas@bass.co.jp. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

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18 Contact Us

If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Proshop Otsuka, overseas@bass.co.jp

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YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.