TAKIHYO NY

 

TERMS OF USE

Effective as of October 01, 2017

 

 

Legal Agreement

 

This website, located at the [www.takihyony.com] (the “Site”), is operated by Takiyho Co. Ltd New York Branch office, on behalf of Takiyho Co. Ltd (collectively “Takihyo NY”, “we,” “us” or “our”).

 

 Please take a moment to review the following basic terms that govern your use of the Site. By using our Site, you consent to follow and be bound by our Terms of Use (the "Agreement" or “Terms”), which are effective as of the date set forth above.

 

These Terms are a legal agreement between you and us, and they contain important information on your legal rights, remedies and obligations.  By accessing, browsing or otherwise using the Site, you: (i) acknowledge that you have read, understand and agree, on your behalf and on behalf of your minor children using the Site, to be bound by these Terms; and (ii) represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside. You may not access, browse or use the Site and you should discontinue these activities immediately, if you: (a) do not agree to these Terms; or (b) are prohibited from accessing or using the Site by applicable law.

 

We may on occasion change, move or delete portions of, or may add to, these Terms, simply by posting such changes or revisions on this page.  Your continued use of the Site after a posted change or revision in these Terms signifies your acceptance of any such change or revision. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms.

 

In case of a violation of these Terms, we reserve the right to seek all remedies available for such violation, whether by law, in equity or otherwise.  Your failure to follow these Terms may result in suspension or termination of your access to the Site, without notice, in addition to other available remedies. 

You can address your questions or concerns regarding these Terms to contact@takihyony.com.

 

Privacy Policy

 

We respect your privacy and share your concern about its protection.  Our Privacy Policy [www.takihyony.com/privacy-policy] constitutes a part of these Terms and explains how we may collect, use and protect information that we learn from or about you as a result of your use of the Site.

 

Site Content and Ownership

Takihyo NY and/or its affiliates, service providers, distributors, vendors, contractors, sponsors, advertisers, licensors and/or licensees (collectively, “Takihyo NY Parties”) are the exclusive owners or licensees of all content and materials on the Site (“Site Content”) and of all related intellectual property rights. 

The Site as a whole, as well as the Site Content, are intended solely for personal, noncommercial use by the users of our Site.

 

Prohibited Conduct

 

You agree that you will not:

 

  • download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Site or any Site Content, in whole or in part

  • ;access, use, license, sell, transfer, disclose, publish, transmit, display, distribute, provide or permit access to, in any way for any public or commercial purpose, the Site or any Site Content

 

  • collect, compile or recompile any Site Content

 

  • impersonate any person or entity or misrepresent your affiliation with any person or entity, whether actual or fictitious, including anyone associated with the Site, the Takihyo NY Parties or otherwise affiliated with us;

 

  • use an inappropriate username or screen name;

 

  • insert your own or a third party’s advertising, branding or other promotional content into any Site Content;

 

  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means;

 

  • engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site;

 

  • use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including sending mass unsolicited messages or “flooding” servers;

 

  • use the Site in violation of our intellectual property or other proprietary or legal rights, or the rights of any third party;

 

  • use the Site in violation of any applicable law or for any unlawful purpose; or

 

  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site.

 

 

Warranty Disclaimers

 

We administer, control and operate the Site from our offices in the State of New York, the United States of America.  The Site is accessible worldwide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations.  We make no representation that the Site and the Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions.  Your access and use of the Site may not be legal in your jurisdiction.  If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable.  We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area.  Any offer for any service, feature or function made on the Site is void where prohibited.

 

The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation.  We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided on or through the Site.  We attempt to provide accurate descriptions and representations of products and services on the Site.  We do not warrant, however, that the descriptions and representations are accurate, complete, reliable, current or error-free.

 

THE SITE AND THE SITE CONTENT (INCLUDING ALL SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE TAKIHYO NY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF CONDITION, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR USEFULNESS OF THE SITE CONTENT AND ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR THAT ARISES FROM ANY COURSE OF DEALINGOR TRADE PRACTICE.

 

YOU USE AND ACCESS THE SITE AND THE SITE CONTENT AT YOUR OWN RISK AND DISCRETION.  NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR ON BEHALF OF THE TAKIHYO NY PARTIES OR THROUGH THE SITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.

 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE ALL USE OF THE SITE.

 

Limitation of Liability of the Takihyo NY Parties

 

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, SHALL THE TAKIHYO NY PARTIES BE LIABLE FOR ANY DAMAGES, LOSS OR INJURY OF ANY KIND THAT ARISES OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SITE CONTENT; OR ANY INFORMATION, ADVICE, SOFTWARE, GOODS OR SERVICES OBTAINED THROUGH THE SITE, OR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, TREBLED OR MULTIPLE DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY, AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR THE TAKIHYO NY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CERTAIN DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN SUCH STATES OR JURISDICTIONS, THE TAKIHYO NY PARTIES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

IN NO EVENT SHALL THE TAKIHYO NY PARTIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING ANY OF YOUR CONTENT). 

 

IN NO EVENT SHALL THE TAKIHYO NY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS LESSER.

 

Modification, Suspension and Termination

 

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site.

 

We may change products or services mentioned on the Site at any time with or without notice.

 

Assignment

 

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms.  Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

 

Governing Law and Jurisdiction

 

You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and Takihyo NY.  You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York County, New York, and the related appellate courts, in any related action, dispute or proceeding.  Notwithstanding the above sentence, Takihyo NY shall have the right to apply for an injunction or other emergency relief in any jurisdiction.

 

Entire Agreement

 

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the site, including our Privacy Policy [www.takihyony.com/privacy-policy], or specified in the Site Content, such as terms of sale, or other terms relating to transactions or activities with respect to products or services (“Additional Terms”); provided, however, that these Terms shall prevail in the event of a conflict with any such Additional Terms.

 

These Terms including our Privacy Policy [www.takihyony.com/privacy-policy], and any Additional Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. 

 

If any part of these Terms is determined to be invalid or unenforceable under applicable law including the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

 

Any rights not expressly granted in these Terms are reserved to Takihyo NY.

 

Third Party Beneficiaries

 

Each of Takihyo NY’s service providers and licensors shall be third party beneficiaries to these Terms and the Additional Terms, and shall be entitled to directly rely on and enforce any provisions of these Terms or Additional Terms which confer a benefit on or rights in favor of Takihyo NY.  No other person or entity shall be a third party beneficiary to these Terms or the Additional Terms.

 

Survival of Terms

 

All provisions of these Terms and of the Additional Terms that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Site or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these Terms or the Additional Terms.