Terms and Conditions
| This is a legal document (this "Agreement")
between you ("you") and Across, Inc. ("we", "us"
or "Across, Inc."). Please read this Agreement
carefully. By using and accessing this website
(this "Site") you indicate that you have read and
understood this Agreement and agree to be bound
by this Agreement. If you do not accept this Agreement,
do not access and use this Site. Please note that
the terms and conditions of this Agreement may
be periodically updated and modified, so please
be sure to recheck them. By accessing and using
this Site, you accept, without limitation or qualification,
the present terms and conditions of this Agreement.
You also agree to so accept future updates and
modifications of the terms and conditions of this
Agreement. |
1. PURCHASE OF GOODS
| |
You shall place an order for the purchase of goods
(a "Purchase Order") in accordance with the instructions that appear
on this Site. A sale agreement regarding the sale of goods is deemed
to have come into effect between you and us when we send out an email
to you to confirm acceptance of a Purchase Order (an "Order Confirmation"). |
2. PAYMENT
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The price to be paid for each purchase
shall be the aggregate amount of the price of the purchased goods and
shipment fee (the "Purchase Price"). You agree that, in
the event of any dispute between you and a credit card company or any
other third party in relation to the payment of the Purchase Price or
any other obligation, such dispute shall be settled between you and the
other party(ies) to the dispute. All prices quoted are subject to change,
without notice, at any time prior to our acceptance of a Purchase Order,
to such prices prevailing at the time of acceptance. |
3. CANCELLATION OF ORDER
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We may cancel a Purchase Order if, |
| |
a) |
any of the personal information provided
by you is found to be false, |
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b) |
shipment becomes difficult due to a stock shortage
or the Purchase Order relates to any discontinued goods, |
| |
c) |
you have ordered certain exclusive goods in excess
of the quantity limit set for such goods |
| |
d) |
the ordered goods are for resale or commercial
purposes, or |
| |
e) |
for any other reason, we decide, at our sole discretion,
that the Purchase Order needs to be cancelled. |
4. COLOR
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We have made every effort to display
as accurately as possible the colors of our goods that appear on this
Site. However, as the actual colors you see will depend on your monitor,
we cannot guarantee that your monitor's display of any color will be
accurate. |
5. TERMINATION OF SERVICE
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We may change, suspend or discontinue
any aspect of this Site at any time, including the availability of any
Site feature, database, or content. We may also impose limits on certain
features and services or restrict your access to parts or the entire
Site without notice or liability at any time at our sole discretion. |
6. COPYRIGHT
| |
The content you see on this Site (including
all of the information, logo, images, illustrations, graphics, audio
and video clips, flash animation, and text) is the intellectual property
of Across, Inc. or is provided by Across, Inc. with the permission of
the owner. The content of this Site is subject to Japanese copyright
laws including, trademark laws, the laws of privacy and
publicity, and communications regulations and statutes. It is strictly
prohibited for you to copy, use, modify, or reproduce such contents or
extract data of these beyond the legally permitted scope of private use
under such laws. |
7. PROHIBITED USE
| |
As a condition of your use of this
Site, you agree not to use this Site for any purpose that: (a) infringes
or may infringe on anyone else's copyright, trademark, or other intellectual
property rights; (b) violates or may violate others' privacy or publicity
rights; (c) is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another party; (d) impersonates another person;
or (e) breaches any obligations of confidentiality or any other contractual
obligation you may owe to any third parties. |
8. DISCLAIMER
| |
To the maximum extent permitted by
law, we disclaim all representations and warranties, express or implied,
with respect to information, goods, services, products, and materials,
including but not limited to warranties of merchantability and fitness
for a particular purpose, as well as representations and warranties of
title, non-infringement, freedom from computer viruses, worms, and other
operating problems, and implied warranties arising from course of dealing
or course of performance. This disclaimer by us, however, in no way affects
the terms of the manufacturer's warranty, if any. |
9. LIABILITY LIMITATIONS
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Your use of this Site and our other
service is at your own risk. In no event shall we or our affiliates or
agents (the "Our Group") be liable for any claims, proceedings,
liabilities, obligations, damages, losses, and costs, whether in contract,
tort or under any other theory of law, and regardless of any negligence
by Our Group arising out of, or in connection with, the use, inability
to use, or performance of the information, goods, services, products,
and materials available from this Site, in excess of JPY 100,000 or the
amount of the Purchase Price you paid to us in connection with the relevant
Purchase Order, whichever is less, provided, however, such limitation
on liabilities shall not apply in the event such claims, proceedings,
liabilities, obligations, damages, losses, and costs are a result of
any gross negligence or willful misconduct by Our Group. |
10. INDEMNIFICATION
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You agree to indemnify and hold Across,
Inc. and its affiliates, licensors, suppliers, employees and representatives
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party arising out of or in connection with your use
of this Site, your violation of this Agreement, or your violation of
any rights of another person. |
11. CHOICE OF LAW AND JURISDICTION
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This Agreement and any disputes relating
to this Agreement or this Site will be governed by the laws of Japan,
without regard to its principles of conflicts of laws. Any claim relating
to this Agreement or this Site shall be exclusively brought before the
Tokyo Summary Court or Tokyo District Court in Japan, and you hereby
consent to the jurisdiction of such court solely for such purposes and
you further waive any argument that any such court does not have jurisdiction
over such dispute or that venue in any such court is not appropriate
or convenient. We will be entitled to recover our court costs and reasonable
attorneys' fees and any other expenses incurred in successfully proving
any breach of any term of this Agreement. |
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