Terms and Conditions

Welcome to Popuka! Evolution Holdings Co., Ltd. (“Evolution Holdings,” “we,” or “us”) is the owner and operator of www.popuka.com (“Site”) and the online services of Popuka. Please review the following Terms of Use (“Agreement”) that govern your use of the Site. Please note that your use of the Site constitutes your agreement to follow and be bound by the Agreement. We may revise the Agreement at any time by updating this posting. You are encouraged to review the Agreement each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Following these changes if you do not agree to the Agreement, please do not use the Site.

Use of the Site

You may use the Site only if you can form a binding contract with us, and only in compliance with the Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under the age of 13, or suspended or removed by us for any reason is strictly prohibited and in violation of the Agreement. We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time including as a result of a violation of the Agreement or the Privacy Policy, without notice.

Subject to the Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site and services for your personal, noncommercial use only and as permitted by the features of the Site. We may terminate this license at any time for any reason or no reason.

In order to become a member of the Site and use the services, you must register for an account and provide us with personal information as prompted by the Site registration form. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these requirements. We may suspend or terminate your access at any time with or without notice.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Evolution Holdings. You agree not to engage in any of the following prohibited activities:

  • Copying, distributing, modifying, or disclosing any part of the Site in any medium;
  • Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures;
  • Transmitting spam, chain letters, or other unsolicited email;
  • Modifying, publishing, transmitting, participating in the transfer of, selling, creating derivative works from, or in any way exploiting any of the content found on the Site;
  • Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  • Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • Uploading invalid data, viruses, worms, or other software agents through the Site;
  • Collecting or harvesting any personally identifiable information, including account names, from the Site;
  • Using the Site for any commercial solicitation purposes;
  • Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  • Interfering with the proper working of the Site;
  • Accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
  • Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.

We may, without prior notice, change the Site and the services; stop providing services or features of the Site, to you or to users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of the Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by the Agreement.

User Content and Other Submission

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, “Comments”) shall be and remain property of Evolution Holdings. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant us the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. We will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

We reserve the right, but is not obligated, to reject and/or remove any content that we believe, in its sole discretion, violates these provisions. You agree that when contributing content, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use obscenities, discriminatory language, or other language not suitable for a public forum;
  • Post advertisements, “spam” content, or references to other products, offers, or websites;
  • Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
  • Post unduly critical or spiteful comments of other content posted on the page or its authors;
  • Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
  • Post files or content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.

Proprietary Rights

Except for your user content, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content belonging to other users, and all Intellectual Property Rights related thereto, are the exclusive property of Evolution Holdings and its licensors (including other users who post user content to the Site). Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any content. Use of the content for any purpose not expressly permitted by the Agreement is strictly prohibited. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Evolution Holdings.

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products. By submitting any comment or idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the comment or idea without any additional compensation to you, and/or to disclose the comment or idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

Subscription Plans

You may choose to subscribe to a subscription plan through the Site. By entering into the Agreement, you acknowledge that your subscription has an initial and recurring payment feature and that you accept responsibility for all recurring charges prior to cancellation. We will submit periodic charges (e.g., monthly, quarterly, semi-annually, annually) without further authorization from you, until you opt out of auto-renewal on the My Account page after signing in to your account and clicking on the subscription ID or view button. The month that you order in is the first month that you will receive. For example, if you subscribe any time between January 1-31, your recurring subscription will begin with the January Box. The only exception to this rule would be if the monthly box sold out before the end of the month.

Cancelling a subscription will not cancel and refund the delivery orders that have been paid for, it only stops future renewal charges. The cancellation request will take effect only if submitted prior to the end of the month that your existing subscription plan is due to expire (e.g. to opt out of your 3 month subscription, which starts with January and ends with the March box, you must cancel by the end of March). Kindly note that any of the subscription plans can be cancelled at any time prior to the end of the month that the applicable subscription is scheduled to expire. However, you will not be eligible for a refund on any remaining boxes in the subscription.

Excluding content submitted by subscribers, we aim to certify that the information on the Site is accurate. Certain information may contain pricing inaccuracies or typographical errors, which we may update and correct without liability. We also reserve the right to limit quantities purchased by subscribers and to change, suspend, or terminate a monthly edition, limited edition or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on the Site will be available.

Shipping and Risk of Loss

We ship on the fourth week of every month after payment is received, which is subject to change at any time, without notice and liability. Kindly note that sometimes there may be shipping delays and/or product back-orders due to a stall involving the vendor/brand fulfillment process. You will not be eligible for a refund due to any unforeseen delays.

Address changes must be made by the first of the month in order to take effect for that month’s shipping. We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

You understand and agree that you shall receive no refunds and no exchanges for any products once we deliver these items to the carrier. All products purchased from or via the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Evolution Holdings. The risk of loss for such products passes to you when we deliver these items to the carrier.

No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

Third Party Websites and Services

The Site may contain links to other websites that are not under the control of Evolution Holdings. We have no responsibility for the linked websites nor do we necessarily endorse the linked websites. We provide the links for your convenience only and do not recommend the use of these websites, or any products and/or services that appear on or are offered by these websites. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Indemnification

You agree to indemnify, hold harmless, and defend Evolution Holdings, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of the Agreement or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

No Warranty

THE SITE, PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, PRODUCTS AND MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EVOLUTION HOLDINGS OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EVOLUTION HOLDINGS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.

EVOLUTION HOLDINGS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EVOLUTION HOLDINGS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation of Liability

IN NO EVENT SHALL EVOLUTION HOLDINGS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF EVOLUTION HOLDINGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF EVOLUTION HOLDINGS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THE SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO EVOLUTION HOLDINGS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

The Site is controlled and operated from its facilities in Japan. Evolution Holdings makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Japan and local laws and regulations, including but not limited to export and import regulations.

Assignment

The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Evolution Holdings without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Severability

If any part of the Agreement shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of the Agreement, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Applicable Law

Use of the Site and services shall be governed by and construed in accordance with the laws of Japan. All controversies and disputes arising out of or relating to the Site shall be submitted to the Tokyo District Court in Japan.