User Agreement

This User Agreement is a legal agreement between you and Shenzhen Songshen Chima Fashion Design Co., Ltd (“Company” or “Kitayama”) for using Kitayama website and associated matters. Please read this agreement carefully before using Kitayama website and related services.

1 Commencement and Change of User Agreement

1.1 This agreement includes main body text and associated terms. Any term is an integral part of this agreement. All terms and the main body text of this agreement are of equal validity. Except for the explicit statements any service from Kitayama and its associated companies (Kitayama Services) are bound by this agreement.

1.2 You are bonded to this agreement as long as you use Kitayama Services. You should not intentionally claim this agreement is invalid or require Kitayama to terminate this agreement.

1.3 This agreement regulates the rights and obligations between two parties. Except for the mandatory rules by law or the explicit promises between two parties, this agreement shall be valid. If you do not agree with this agreement, please stop the registration or using Kitayama website.

1.4 Kitayama has the right to amend the agreement and terms. Kitayama shall announce the amendment on its website. Such amendment shall become effective immediately upon announcement. If you do not agree to the changes of these terms, you should stop using Kitayama Services. If you continue using Kitayama Services, you declare that you agree to accept the amended agreement and terms.

2 User Management

2.1 The user shall be a natural person, a legal person or other organization that can exercise the legal capacities for civil rights and acts and bear the legal liability solely. When you finish registration and use Kitayama Services under the agreed terms, you confirm that you are qualified as a subject of law, and you are capable of bearing the legal liability solely. If you are under 18 years old, you can only use Kitayama Services accompanied by your parent or guardian. If you are not qualified as a subject of law, you and your guardian shall be liable for any consequence therefrom.

2.2 The user shall provide the registration information honestly. The user agrees to provide information that is true, accurate, complete, current and legally valid. Should any of the registration information change, the user must update it to the current status. If the user provides information that is illegal, untrue, inaccurate or unclear, the user shall bear full liabilities for all the consequences arising therefrom and Kitayama is entitled to terminate the user using Kitayama website and associated services.

2.3 After your registration is successful, you will become the user of Kitayama Company and will receive an account with your username, password, and other information. You can change your password following the instruction on Kitayama website.

2.4 The username of your account shall not infringe other people’s legal rights. Otherwise, Kitayama is entitled to terminate the services and cancel your account. After Kitayama cancels the account, the username will be given to another user for registration.

2.5 You should keep your username and password secure. You are entirely responsible for all activities that occur under your account. Except for the legal rules or judicial decisions, without the permission from Kitayama, you shall not transfer or give your account to other parties (excluding the property rights related to the account).

2.6 The user shall not lend his/her registered Kitayama account to others. The registered user is fully liable for all the consequences therefrom. The actual user shall undertake joint liability for the consequences together with the registered user.

2.7 You must notify Kitayama immediately in an effective manner of any breach of security or unauthorized use of your account, request Kitayama to stop its associated services, and report the situation to the police. It will require some time for Kitayama to take action on your request before Kitayama executes any action, Kitayama is not responsible for any consequence (including but not limited to your loss).

2.8 The user shall not publish on Kitayama website the information which contains the contents specified below:

2.8.1 1 inciting to resist or break the Constitution, laws or the implementation of administrative regulations;

2.8.2 inciting to overthrow the government or the socialist system; inciting to divide the country, harming national unification;

2.8.3 injuring the reputation and interest of state organizations;

2.8.4 inciting hatred or discrimination among nations or harming the unity of the nations;

2.8.5 discriminating against race, gender, religion or region;

2.8.6 making falsehoods or distorting the truth, spreading rumors, destroying the order of society;

2.8.7 promoting feudal superstitions, sexually suggestive material, gambling, violence or murder;

2.8.8 terrorism or inciting others to criminal activities; openly insulting other people or distorting the truth to slander people;

2.8.9 other acts against the Constitution, laws or regulations.

2.9 The user agrees to perform the following obligations:

2.9.1 The user shall not use Kitayama website and associated services for money laundering, theft of trade secrets and personal information and other crimes;

2.9.2 The user shall not interrupt the normal operation of Kitayama or invade Kitayama website and its computer system;

2.9.3 The user shall not use the registered Kitayama account for commercial uses;

2.9.4 The user shall not publish any information containing infringement of intellectual property rights, such as copyright, trademark right, patent right, and other legitimate rights.

3 Product Information

3.1 You understand and agree that there might be changes to product information such as product price, quantity or stock and you may not receive individual notice of such changes. Due to a large amount of product information, Kitayama website does its best to ensure you the accuracy of information on your selected products. However, the information delay or data error may occur due to the technical reasons of Internet.

4 Order

4.1 For all the Kitayama users, please confirm the product name, price, quantity, model, size and other product information before purchase. The product information on Kitayama website is for your reference; you must fill in the quantity, price, payment method, recipient, contact, shipping address and other related information. If the user provides illegal, untrue, inaccurate or unclear registration information, the user shall bear full liability for all the consequences arising herefrom, and Kitayama is entitled to terminate the user using Kitayama Services.

4.2 The order automatically generated by the computer system is based on the information the user provides. Only when Kitayama dispatches the ordered item (when the item is sent out from the storehouse), the sales contract between the user and Kitayama on the item is officially established.

4.3 You understand and agree that there might be changes to product information such as product price, quantity or stock and you may not receive individual notice of such changes. Due to the technical reasons of Internet, the information delay or error may occur on Kitayama website. When there is an error appeared on the website before the establishment of the sales contract, you agree and accept that Kitayama will revise the product information accordingly and send you notice. The order will then be processed based on the correct information or will be canceled.

4.4 The end customers of Kitayama are individuals, enterprises, institutions and other social organizations but not distributors. If the distributor purchases from Kitayama website, Kitayama will terminate the services. The distributor shall bear all the consequences arising therefrom.

4.5 You understand and agree that you have the right to cancel the order if Kitayama cannot process the order. Kitayama cannot guarantee you that Kitayama always has your selected item in stock.

4.6 Kitayama will ship the item to the address you provide. You understand that there might be a slight difference between the actual delivery time and the delivery time referenced on Kitayama website. If the delivery is delayed or the item cannot be delivered due to your own or the recipient’s mistake, Kitayama will not be responsible for it. You understand that the force majeure or other justified reasons may cause the delivery delay.

4.7 Kitayama is entitled to refuse offering services, close accounts, delete, edit or cancel the order to the extent permitted by the law of the mainland People’s Republic of China.

5 Intellectual Property

5.1 When the user accepts this agreement, the user automatically grants to Kitayama the irrevocable and exclusive right to use any content the user posts at any time on Kitayama website for its own purposes (including but not limited to copyright, distribution right, rental right, exhibition right, performance right, presentation right, broadcasting right, right of communication through information networks, filming right, right of adaptation, right of translation, right of compilation, and other transferable rights of copyright owner). The user agrees that Kitayama has the right to file a suit against any infringer.

5.2 Copyright Law of the People’s Republic of China, Article 25 (by Copyright Law 2011) and related laws on copyright and property and other written agreement on the transfer of rights constitute this agreement. It effects all the contents published on Kitayama website and its application programs, no matter the contents are formed before or after this agreement.

5.3 The user understands and agrees to the terms of this agreement and promises that the user will not republish by any means or authorize other parties to use the information in any other way (including but limited to websites, application programs, and media) which has already been published on Kitayama website.

5.4 Kitayama is the producer of Kitayama website and application programs. Kitayama owns the copyright and other related legal rights on the contents of the website and application programs. Protected by the national legislation, Kitayama is entitled to revise and update the terms of this agreement, website, and application programs without noticing the user. To the maximum extent permitted by law, Kitayama is entitled to interpret the content of this agreement, website and application programs.

5.5 Except as the mandatory provisions of law, with no explicit written permission by Kitayama any individual or organization shall not illegally copy or partly copy, reproduce, cite, link, screen-scrape or in any other means using the content on Kitayama website and application programs. Otherwise, Kitayama is entitled to investigate and affix legal liability for such acts.

5.6 All the information (such as test, illustrations, logos, button icons, images, audio clips, digital downloads, data compilations and software) on Kitayama website and application programs is the property of Kitayama or its information provider. The content compilations on Kitayama website and application programs are the exclusive property of Kitayama. All the software on Kitayama website is the property of Kitayama, its associated company or its software provider. Chinese and International copyright law protects all of these properties.

6 Privacy Policy

6.1 Kitayama attaches great importance to the user’s privacy rights and promises that Kitayama will not reveal the user’s personal information to the third party without the user’s consent, except under the circumstances specified below:

6.1.1 when government departments or justice institutions following the statutory procedures demand Kitayama to reveal user’s information, Kitayama will provide the user’s information based on the request from law enforcement for the public security;

6.1.2 the user shares his/her account, username and password with the other party as a result of the leakage of personal information;

6.1.3 any leakage, loss, theft or alteration of personal information caused by computer problem, hacker or computer virus attack, government action or any force majeure;

6.1.4 leakage of personal information due to the other websites linked to Kitayama website, and any losses and relevant legal disputes and consequences caused thereby;

6.2 To provide a better service to users, the user consents Kitayama to send user’s personal information to its affiliated companies.

6.3 The user understands and agrees that if any reorganization, dissolution, bankruptcy liquidation, merger or other disposition, Kitayama may be sold or transferred to third parties. During the transaction, your personal information as an inseparable part of Kitayama will be transferred to third parties and by doing so, third parties can continue with the services.

7 Termination

7.1 You agree that Kitayama, at its sole discretion, is entitled to stop or terminate the part or the whole Kitayama website Services, temporarily close or cancel your account for any reason without notice. Kitayama shall not be liable to you or third parties thereby.

7.2 Kitayama is entitled to terminate this agreement through canceling the account under the circumstances specified below:

7.2.1 your registration information is untrue, inaccurate, delayed or incomplete;

7.2.2 when this agreement (including the terms) is amended, you expressly inform Kitayama that you refuse to accept the amended agreement;

7.2.3 after Kitayama has terminated your account; you are suspected of using the name of another to directly or indirectly re-register Kitayama account;

7.2.4 in contravention of any term in rule 2.8 and 2.9

7.3 You have the right to request Kitayama to cancel your account. After approved by Kitayama, Kitayama will cancel your account. At that time the contractual relationship based on this agreement between you and Kitayama will be terminated. Kitayama is not obligated to keep or reveal any information in your account and is not obligated to send the unread or unsent messages to you or third parties after the cancellation of your account.

7.4 You agree that after the termination of the contractual relationship between you and Kitayama, Kitayama has the rights as specified below:

7.4.1 Kitayama will keep your registration information and your transaction record.

7.4.2 In cases of violations of law or other breaches of this agreement and terms while you use Kitayama Services, Kitayama is entitled to claim its rights based on this agreement.

7.5 After the termination of this agreement, the coupons left in your Kitayama account will be invalid.

8 Disclaimer

8.1 Kitayama Services are based on the information provided by the user, if the information from the user is inaccurate, the user shall exempt Kitayama from liabilities.

8.2 Regarding the delivery, Kitayama will send the package to address the user provided. When the record of the delivery service shows the package is signed off, Kitayama considers the delivered is successful and the user has received the package.

8.3 If the user causes the harm for other users or the interests of third parties through Kitayama Services, the user shall be solely liable for the consequences and Kitayama shall not bear any liability. Due to various reasons that the user cannot accept Kitayama Services and consequently cause any losses to the user or third parties, Kitayama shall not bear any liability.

8.4 All the articles, advertisements, user’s opinions and the links to other websites published on Kitayama website are for reference or communication purposes only. Such content does not represent the views and the position of Kitayama website.

8.5 Due to the force majeure specified under the law, information network maintenance and repair, information network failures, computer or other communication system failures, hacker attacks, power failures, labour disputes, the lack of productivity, judicial or administrative orders, lack of action from third parties or other reasons that are beyond Kitayama’s control, Kitayama website is not able to perform its services, delays its services or loses data. Kitayama shall not bear any liability, but Kitayama will provide its assistance to solve such matters to the extent permitted by law.

8.6 Except for the terms specified in this agreement, any loss caused by accidents, ignorance, defamation, copyright or intellectual property infringement (including computer virus infection by downloading) while using Kitayama website, Kitayama shall not bear any legal liability.

9 Governmental Laws and Other Regulations

9.1 This agreement includes the general norms that you agree to abide while using Kitayama website. You shall also abide the special norms while using particular services of Kitayama. If there would be an inconsistency or conflict between the two, the special norms have the priority validity.

9.2 The law of People’s Republic of China for mainland (without regard to its conflicts of law rules) shall apply to the conclusion, implementation, interpretation and resolution of disputes of this agreement. If there would be a conflict between this agreement and the law, the conflicting terms of this agreement shall be reinterpreted according to the law, and the other terms of this agreement continue to be valid.

9.3 Any dispute between you and Kitayama Services during the implementation of this agreement shall be consulted and handled together by you and Kitayama. If the two parties cannot settle the consultation successfully, you and Kitayama agree to submit the dispute to the court where the owner and manager of Kitayama resides.