Introduction
This website is operated by Takashimaya New York, LLC (“Takashimaya”). These terms of use (the “Terms of Use”) cover information collected at our website, at http://www.takashimaya-ny.com, including all web pages related thereto (the “Website”), and does not cover any information collected offline by Takashimaya (unless specifically stated). Your use of this Website constitutes your agreement to follow and be bound by the Terms of Use, even if you "bookmark" a portion of this Website and bypass the Terms of Use. Takashimaya reserves the right to change the Terms of Use without prior notice to you. You hereby affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you use this Website after any changes in the Terms of Use, you thereby agree to be bound by the changes. Please review the Terms of Use often as they may change from time to time. If you cannot act in accordance with the Terms of Use, please do not use this Website.
Privacy Policy
Please read the Takashimaya Privacy Policy, which also governs your use of the Website, and is incorporated into, and are a part of, these Terms of Use.
Copyrights and Trademarks
Unless stated otherwise, all text, illustrations, designs, icons, logos, photographs, programs, products, technology, processes, and all other materials that appear as part of the Website (collectively, the "Content ") is protected by copyright, trademark, trade dress and/or other intellectual property laws and is owned, controlled and/or licensed by Takashimaya. Takashimaya and its licensors and suppliers expressly reserve all intellectual property rights in the Content that appears on the Website from time to time. No right relating to any intellectual property of Takashimaya or to any third party's intellectual property rights is transferred to any person as a result of the use of this Website. Third-party trademarks, trade names, product marks or names and logos contained in the Website may be the trademarks or registered trademarks of their respective owners, which may or may not be affiliated with, connected to, or sponsored by Takashimaya. Takashimaya’s names and logos, including, without limitation, “Takashimaya,” and all related product and service names, design marks, and slogans, constitute the trademarks or service marks or, where involving the presentation or visual appearance of the Website as a whole or a given product, the trade dress of Takashimaya and are protected by applicable United States and foreign laws. Neither this Website, nor any of the Content or other materials on this Website, nor any related software may be reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold or used in any sale, or exploited in any way, in whole or in part.
Website Access and Limited License
A limited license to visit and use this Website for your personal use is granted to you by Takashimaya. The Website Content is intended to be used only as an aid to shopping on this Website and may not be used by you for any purpose other than solely for personal, non-commercial use. You are not permitted to download (other than page caching) or change any portion of this Website, unless you have the express written consent of Takashimaya. This limited license does not allow for any resale or commercial use of this Website or its Content. You may not collect listings of products, prices, descriptions, use any portion of the Content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data by using mining, robots or other extraction tools.
Neither this Website (nor any part thereof), the Content, nor any information derived from the Website, can be copied or referenced in any way, including linking, framing or the use of framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form), or used commercially without the express written consent of Takashimaya. Any use of the Website logo or any other proprietary graphic or trademark of Takashimaya as part of any link without Takashimaya’s express written permission is strictly prohibited. Any use of any meta tags or any other "hidden text" utilizing this Website or Takashimaya’s names or trademarks without Takashimaya’s express written consent is also strictly prohibited. You may create a hyperlink to the home page of the Website, provided that the link does not portray either this Website or Takashimaya or its products or services in any false, misleading, derogatory, or otherwise offensive manner. The permission or limited license granted to you by Takashimaya to use or link to this Website shall terminate automatically upon any unauthorized use by you.
Passwords
When you use this Website, you consent to keep any password used by you to obtain access to certain encrypted or secure parts of the Website private. The protection of your username and password is your responsibility. You consent that you shall be solely responsible for what transpires with the use of your username, password, and account.
Errors and Inaccuracies
Takashimaya tries to be as accurate as possible in all Content that we publish on this Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other Content on this Website and Takashimaya does not warrant or guarantee that such pricing and availability, colors, description of products, or other Content on this Website are accurate, complete, reliable, current, or error-free. Takashimaya reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions -- including after an order has been submitted -- and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. Prices may change without notice.
Quantity Limits and Dealer Limits
Takashimaya reserves the right, at its sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States.
Acceptance of Your Order
You will not be charged until your order is verified and payment is authorized. We reserve the right to decline your order at our sole discretion. Some of the reasons we may decline the order are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or fraud. We will contact you if we decide to decline your order or if we need more information. If we decline your order, we will credit your credit card for any amount charged with respect to such order.
Communications, Comments, and Other Content
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Takashimaya on or by this Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, “Comments”) shall be and remain Takashimaya’s property, and as such, Takashimaya, in its sole discretion, shall have the right to use, reproduce, modify, adapt, remove, edit, publish, translate, create derivative works from, distribute, and display throughout the world in any media any Comments or other matter you submit to us and the right to use the name that you submit. Any illegal, obscene, threatening or defamatory Comments and any Comments that are invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable are strictly prohibited. Such Comments must also not contain any software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, "worms," or any form of "spam" or other communications, in violation of the the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act). The use of a false e-mail address, impersonating any person or entity, or deception or misleading or false designation of origin or identity of any Comments are also strictly prohibited. You represent and warrant that you own or otherwise control all of the rights to the Comments that you submit; that the Comments are accurate; and that use of the Comments you supply do not violate these Terms of Use and will not cause injury to any person or entity. In any event, you agree to indemnify, defend, save and hold harmless Takashimaya, its licensees and sublicensees, from and against any loss, damage, cost, liability and expense (including attorneys’ fees) and from and against any and all claims resulting from Comments or other matter you supply. Takashimaya has the right but not the obligation to monitor and edit or remove any activity or Comments. Takashimaya does not take any responsibility or assume any liability for any Comments posted by you or any third party.
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Disclaimer of Warranties
You agree that you are using this website at your sole risk on an "AS IS" and "AS AVAILABLE" basis. Takashimaya makes no representations or warranties of any kind, express or Implied, as to the operation of this website or the information, content, materials, or products included on this Website.
To The fullest extent permissible by applicable law, Takashimaya disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your sole remedy for dissatisfaction with the website is to stop using the website and/or any related services.
Takashimaya does not warrant that this website, its servers, or e-mail sent from the website are free of viruses or other harmful components. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Indemnification
You agree to indemnify, defend, save and hold harmless Takashimaya and its licensees, and sublicensees, from and against any and all claims, damages, losses, liabilities, costs and expenses, including attorneys' fees, arising from or related to your use of this Website.
Termination
Takashimaya may terminate these Terms of Use without notice and at any time. You will be denied authorization to access this Website if you fail to comply with these Terms of Use.
Limitation of Liability
Neither Takashimaya, nor any of its employees, officers, directors, agents, vendors, or suppliers shall under any circumstances or under any legal or equitable theory, whether in tort, contract, strict liability or otherwise, be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, whether or not Takashimaya is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event will Takashimaya be liable for any damages in excess of the amount paid to Takashimaya through this website by you during the month prior to the action or inaction giving rise to the claim for damages.
Applicable Law
By visiting Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern the Terms of Use and any dispute of any sort that might arise between you and Takashimaya.
Disputes
Any claim or dispute between you and Takashimaya that arises in whole or in part in connection with the Website shall be decided exclusively by confidential and binding arbitration in New York County, New York and you hereby waive any objections thereto. Any arbitration under these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. You agree that any arbitration proceeding or other cause of action or claim arising out of or related to the Website must commence within one (1) year after the cause of action accrues, otherwise, such cause of action is permanently barred. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. In connection therewith, you consent to exclusive jurisdiction and venue in the federal or state courts located in the State of New York and waive any objections you may have on the basis of forum non-conveniens, venue, or jurisdiction.
In the event that any of the provisions of these Terms of Use are held to be unenforceable, such provisions shall be limited or severed to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
If any portion of the Terms of Use are invalid, void, or not enforceable for any reason, that specific portion of the Terms of Use will be invalid but that will not affect the enforceability of the remainder of the Terms of Use.
These Terms of Use were last updated on July 1st, 2007 |
