TERMS OF USE

Baroque Japan Limited and BBF, Inc., (hereinafter collectively referred to as the “Company”) hereby set forth, as follows, the Terms of Use (hereinafter referred to as this “Agreement”) for member services provided through a website operated thereby (hereinafter referred to as the “Service”). Members using the Service shall be deemed to have consented to this Agreement.

1. Part 1: General provisions

   Article 1 (Scope of and revisions to this Agreement)

   This Agreement shall apply to the Company and Members (as defined in Article 3 hereof) in connection with the use of the Service.
   The Company may revise this Agreement through the provision of a notice to Members by way of a method deemed to be appropriate by the Company without having to obtain the prior consent of Members.

   Article 2 (Use of the Service)

   A Member shall use the Service by complying with this Agreement and with any relevant rules and provisions as separately prescribed by the Company.
   The Company may revise the contents of the Service without having to obtain the prior consent of Members.

2. Part 2: Members

   Article 3 (Members)

   A “Member” shall mean a person whose application for membership registration as submitted pursuant to the procedures prescribed by the Company after this Agreement has been accepted by the said person is approved by the Company.

   Article 4 (Membership registration)

   A person wishing to become a Member shall submit an application for membership registration pursuant to a method as specified by the Company from the membership registration page set up for the Service.
   The Company shall approve an application as referred to in the preceding clause by sending a registration confirmation email.
   Where any of the following items applies, the Company may, in some cases, reject a registration application:

   1. Where it is revealed that the applicant has previously been subject to a revocation of membership registration or comparable form of punishment as a result of having breached this Agreement or committed a comparable act;
   2. Where false information is included in the contents of the application submitted by the applicant;
   3. Where the Company otherwise deems the approval of the registration application to be inappropriate.

   Membership registrations shall be limited to persons with a valid address in Japan.
   The Service Agreement concluded by and between the Company and a Member pursuant to this Agreement shall continue to remain in effect as between the Company and said Member from the date on which membership registration corresponding to said Member is completed to the date on which said membership registration is revoked or the date on which said Member cancels his or her membership.
   A Member shall be deemed to have warranted to the Company that he or she is at least eighteen (18) years of age or that he or she has obtained the consent of his or her guardian as concerns the acquisition of products through the use of the Service if he or she is under eighteen (18) years of age.

   Article 5 (Notifying changes and cancellation of membership)

   Where there has been a change to the address, name, telephone number, or credit card number of a Member or a change to any other matter reported to the Company has occurred, the Member shall immediately provide the Company with notification thereof through a method as separately prescribed by the Company.
   A Member wishing to cancel his or her membership may cancel such membership at any time by accessing the Registration Information section as displayed on the logged-in page and completing the prescribed procedures. Provided, however, that the completion of cancellation procedures shall not exempt the Member from fulfilling payment obligations that have already been accrued for the Service and otherwise fulfilling the responsibilities under this Agreement.

   Article 6 (Suspension of the Service and revocation of membership registration)

   Where a Member comes under any of the following items, the Company may suspend the Service or revoke his or membership registration without having to provide said Member with prior notice:

   1. Where it is revealed that the Member has previously been subject to a revocation of membership registration or comparable form of punishment as a result of having breached this Agreement or committed a comparable act;
   2. Where there has been a delay in the performance of a payment obligation, such as with respect to the sales price of a product purchased through the use of the Service, or any other form of nonperformance;
   3. Where the Member has engaged in conduct as referred to in Article 10 (Prohibited matters) hereof;
   4. Where the Member has breached this Agreement;
   5. Where the Company otherwise deems it inappropriate for the Member to remain a Member.

   Article 7 (ID and password management)

   A Member shall be responsible for managing the email address and password as set up by the Member.
   A Member shall refrain from assigning, lending, or disclosing his or her user ID and password to a third party.
   A Member shall be liable and the Company shall not be held liable whatsoever for any damages attributed to the inadequate management of the user ID or password of said Member, an error in the use thereof, the use thereof by a third party, or other such circumstances.
   Where it is ascertained that a user ID or password has been improperly used by a third party, the Member shall immediately notify the Company.

   Article 8 (Use of member information)

   The Company shall value personal information provided by Members, use said information for purposes as set forth in the following items, and appropriately handle said information pursuant to the Personal Information Protection Policy as separately prescribed by the Company and the provisions of the Personal Information Protection Act and other relevant laws and ordinances:

   1. Member administration;
   2. Shipping of products;
   3. Customer support;
   4. Issuance of email magazine;
   5. Introduction of products and other items, advertising, publicity, and sales solicitation;
   6. Planning of campaigns and other initiatives and the conducting of surveys;
   7. Provision of content otherwise related to the Service.

3. Part 3: Service usage

   Article 9 (Service usage)

   A Member shall be entitled to use the various services provided by the Service.

   Article 10 (Prohibited matters)

   A Member may not engage in the following conduct:

   1. Conduct involving the submission of an application based on the registration of false information at the time of use;
   2. Impede the operations of the Service or otherwise engage in conduct that could disrupt the Service;
   3. Conduct involving the use of the Service based on the improper use of a credit card;
   4. Conduct involving the improper use of a user ID or password;
   5. Conduct by which an inconvenience, detriment, or loss is or may be caused to another Member, a third party, or the Company;
   6. Conduct that infringes or may infringe upon the trademark, copyright, privacy right, or other rights of another Member, a third party, or the Company;
   7. Conduct that is or may be offensive to public order and morals or conduct that is or may be in contravention of another law or ordinance;
   8. Conduct involving the for-profit use of the Service;
   9. Conduct involving the unauthorized sending of emails for advertising, publicity, or solicitation purposes to another Member; conduct that impedes or could impede the receipt of emails by other Members; conduct involving the issuance of a request to forward a chain email; or conduct involving the forwarding of email in response to such a request;
   10. Conduct involving or that may involve the unauthorized accessing or use of equipment owned by another Member or equipment used for service purposes or the obstruction of the operations thereof;
   11. Conduct involving the unauthorized posting or redistribution of the contents of email issued or the website operated by the Company;
   12. Conduct otherwise deemed to be inappropriate by the Company.

   Conduct corresponding to any of the items as set forth in the preceding clause could give rise to not only a simple breach of etiquette but also criminal liability or civil liability for damages arising from a violation of the Penal Code, Act on the Prohibition of Unauthorized Computer Access, Trademark Act, Copyright Act, Civil Code, Commercial Code, or other relevant law or ordinance.

   Article 11 (Copyright)

   No Member may reproduce any information provided through the Service for a personal purpose or otherwise use said information for any purpose not authorized under the Copyright Act without obtaining the consent of the right holder.
   Where a Member causes a problem as a result of breaching the provisions of the preceding clause, said Member shall resolve said problem at his or her own responsibility and cost and shall not cause any inconvenience or loss whatsoever to the Company.

4. Part 4: Purchasing products

   Article 12 (Purchasing products)

   A Member may purchase products from the Company using the Service.
   A Member wishing to purchase a product shall apply to purchase products or use applicable services according to a method specified by the Company.
   A sales contract for said product shall be deemed to be concluded when an email indicating that the application referred to in the preceding clause has been approved is sent by the Company to the Member.
   A product purchased through the Service shall only be shipped to an address situated in Japan.

   Article 13 (Canceling a sales contract)

   Where any of the following items applies, the Company may cancel a sales contract:

   1. Where the Member contravenes this Agreement;
   2. Where a notice indicating that the credit card specified by the Member cannot be used is received from the credit card company specified by the Member;
   3. Where a situation that could be deemed to have placed the ability of the Member to pay at risk has been ascertained;
   4. Where the product is sold out and cannot be readily delivered;
   5. Where the product cannot be delivered due to the fact that the address of the recipient is unknown or the recipient has been unavailable to receive the product for a prolonged period of time.

   Notwithstanding the provisions of the preceding clause, the Company may rescind or cancel a sales contract or take other appropriate measures where improper or inappropriate conduct has been engaged in with respect to the use of the Service.

   Article 14 (Settlement method)

   The amount to be paid for a product shall be the aggregate of the consumption tax-included product purchase price, shipping charge, and cash-on-delivery commission (where applicable).
   Payment for a product purchased through the Service shall be made with a credit card in the name of the Member or by way of a method as separately permitted by the Company.
   A payment to be made with a credit card shall be made pursuant to conditions contained in a separate contract concluded by the Member with a credit card company. Where a payment is to be made with a credit card, the Member shall be aware of such risks as those involving a leak of his or her credit card number when transmitting his or her credit card number or otherwise carrying out settlement procedures and shall accordingly proceed at his or her own risk. Where a dispute arises between a Member and his or her credit card company or other such entity, said dispute shall be resolved by and between said parties and the Company shall not be held liable whatsoever for said dispute or the resolution thereof.

   Article 15 (Product returns and other such matters)

   Product returns or exchanges shall not be possible except in cases where the product is damaged during shipping, defective, or mistakenly shipped.
   A product can be returned or exchanged where the product is damaged during shipping, defective, or mistakenly shipped only if the Member notifies the Company within a period of time after said product is received as set forth by the Company (within eight (8) days). In such a case, the Member shall return the product at the Company’s cost according to a method as separately prescribed by the Company.

5. Part 5: Operations of the Service

   Article 16 (Information management)

   Where the Company determines that a comment or other information sent by a Member who has consented to the use thereof by the Company can be used, the Company may use said information in the Service without asking the Member for permission and may, where any of the following items applies, likewise delete said information without asking the Member for permission:

   1. Where said information is deemed to have infringed upon the copyright or other right vested in the Company or a third party or to have impaired the reputation or credit of the Company or a third party;
   2. Where the Company is advised by a third party that said information infringes upon a copyright or other right vested in said third party or has impaired the reputation or credit of said third party;
   3. Where it is deemed that the relevant laws or ordinances of Japan or applicable laws or ordinances of a foreign country have been contravened;
   4. Where an order or directive to delete said information has been received from a government or other public office.

   Article 17 (Maintenance of the Service)

   Where any of the following items applies, the Company may, in order to maintain the operating condition of the Service in a favorable state, suspend the provision of the Service, in whole or in part, without notifying Members in advance:

   1. Where the system is to be subject to regular or emergency maintenance work;
   2. Where operations of the system are rendered difficult due to a fire, electrical power failure, act of sabotage attributed to a third party, or other such situation or event;
   3. Where the Company otherwise deems system suspension to be unavoidably necessary.

   Article 18 (Exemptions)

   Upon assuming the obligation to notify a Member, the Company shall fulfill said obligation by sending a notice to the email address registered in advance by the Member or, where said obligation pertains to a product delivery, by shipping said product to the recipient as indicated by the Member at the time the product is purchased.
   Irrespective of the legal cause of action that may apply, the Company shall not assume any liability other than as set forth in the preceding clause with respect to any damages, losses, or penalties tied to the use of the Service or to a product sold through the Service as incurred in a given case.
   The Company shall assume no liability whatsoever for any damages arising from the inability of a Member to use the Service.
   The Company shall be exempt from liability by carrying out administrative functions according to the contents of membership registration.
   Where damages are caused to another member or a third party by the use of the Service by a Member, said Member shall resolve said matter at his or her own responsibility and cost and cause no inconvenience whatsoever to the Company.
   Where the password of a Member is to be revised or otherwise affected, the Company shall be exempt from liability by carrying out identification confirmation procedures according to a method specified by the Company.
   Costs relating to the installation of computer and communications equipment required by a Member to use the Service, as well as telephone charges, LAN, and other usage charges, application fees, and other relevant expenses incurred to use the Service shall be assumed by the Member.
   A Member shall use Internet Explorer 7.X or above as the browser to be utilized in order to use the Service. Where a page fails to display correctly or a comparable problem otherwise arises as a result of the use of a browser not specified by the Company, the Company shall assume no liability whatsoever for any damages arising therefrom and shall field no inquiries whatsoever with respect thereto.

   Article 19 (Other matters)

   In principle, communications between the Company and Members shall be undertaken through email.
   Where an issue that concerns the use of the Service and that cannot be resolved under the guidance of this Agreement or the Company arises, consultations shall be held by and between the Company and the affected Member in good faith and said issue shall be resolved in accordance therewith.
   The Tokyo District Court shall serve as the exclusive jurisdictional court of first instance where the necessity of a lawsuit with respect to the use of the Service arises.
   Where the Company has a right to claim damages from a Member as a result of the failure of the Member to pay the sales price of a product or any other conduct perpetrated thereby constituting a breach of this Agreement and where the Company employs an attorney to recover said receivables in such a case, the fees incurred for said attorney shall also be assumed by the Member.

   Supplementary provision

   This Agreement shall apply to all Members from December 1, 2011.