1. OWNERSHIP, COPYRIGHT, AND TRADEMARK
Unless otherwise stated, all content on the Site, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, and the like (collectively, the “Materials”), and KUWASHIMA, Inc. and Tsunaki Kuwashima word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks are owned by or licensed to us or our affiliates and are subject to copyright, trademark, and other intellectual property and moral rights under Japan,U.S. and international laws.
2. USE OF THE SITE
This site is for just your personal, non-commercial use only. You may view the Site and the Materials using your web browser solely for your own information, research or study. You must not otherwise download, reproduce, transmit (including broadcast), adapt, distribute, sell, modify, frame, upload to any third party website, post, print or otherwise use any of the Materials except as permitted by us with prior written consent.
Other prohibited activities include, without limitation, the following:
a) violating any local, state, national or international law or regulation or any provision of these Terms;
b) knowingly transmitting any material through the Site that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
c) interfering with or disrupting the Site or servers or networks connected to the Site;
d) attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising any part of the Site; and
e) attempting to interfere with any security feature of the Site.
Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. If you breach any provision of these Terms, we may terminate or suspend your access to the Site immediately, without prior notice or liability. In the event of any such termination, the indemnification provisions set forth below shall survive.
3. THIRD PARTY WEBSITES
We may display active links to third party websites (“Linked Site(s)”). The inclusion of any link to such Linked Site on our Site does not imply our endorsement of that site its product or service. We do not promise that the contents of any Linked Site are accurate, and/or compliant with local, state or federal law, including any intellectual property laws. When clicking on any of any Linked Site, you understand that you are entering another website for which we have no responsibility. Your use of any Linked Site is at your own risk and you assume all responsibilities and consequences from such reliance.
We may assign, transfer or delegate any of our rights and obligations under the Terms, including, without limitation, in connection with a merger, acquisition, a sale of assets or by operation of law, without your consent. Any attempted transfer or assignment in violation hereof shall be null and void.
The Site and Materials available on the Site are provided on an “as is” basis without warranties of any kind, whether express, implied, statutory or otherwise (including, without limitation, the warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and Materials found on this Site for any particular purpose).
To the fullest extent permitted by applicable law, you acknowledge and agree, by your use of the site, that your use is at your sole risk and that KUWASHIMA and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents and licensors (collectively, “Affiliates”) shall not be liable for any damages of any kind related to your use of the Site.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL KUWASHIMA BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to indemnify, defend and hold harmless KUWASHIMA and our Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that we or our Affiliates may incur as a result of or arising from your use of the Site or your violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
8. APPLICABLE LAWS
The Terms are governed by, construed and enforced in accordance with the laws of Japan,U.S. and international laws, without giving effect to any conflict of laws rules or provisions.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
You and KUWASHIMA agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and KUWASHIMA hereby waive any right to a jury trial of any Claim (as defined below). All controversies, claims, counterclaims, or other disputes arising between you and KUWASHIMA relating to the Properties or these Terms (each a “Claim”) shall be submitted for binding arbitration in accordance with the JAMS/Endispute Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules“). The arbitration shall be conducted in Japan before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator’s decision shall be controlled by these Terms and any of the other agreements governing your use of the Properties. The arbitrator shall not have the power to award punitive damages against any Party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or KUWASHIMA’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE ARBITRATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR KUWASHIMA WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
We reserve the right to amend the Terms at any time without notice and you should periodically refer to them through the Site. Changes, if any, to the Terms will be effective when posted on the Site. By using this Site, you are agreeing to the current version of the Terms.