Please read these Terms and Conditions carefully. If you do not agree to be bound by these Terms and Conditions, do not access or use this Website.
Welcome to the Website of Takara Belmont USA, Inc. (“Takara Belmont,” “we,” “us,” or “our”). The following Terms and Conditions (the “Terms and Conditions”) govern your access to and use of takarabelmont.com and beauty.takarabelmont.com, including any content, functionality and services offered therein (collectively, the “Website” or “Site”). By using this Website, you agree to these Terms and Conditions; please read them carefully. You understand and agree that the Site is provided “AS-IS” and that Takara Belmont assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
This Website contains material which is owned by or licensed to Takara Belmont. This material includes, but is not limited to, the design, layout, look, appearance and graphics. By using this Website, you agree to abide by the Terms and Conditions set forth herein. Only upon acceptance of the Terms and Conditions contained herein will you be entitled to submit electronic orders. Takara Belmont makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) on or regarding the Website. By using our site, you shall be subject to any posted guidelines or rules applicable to the site that may be posted from time to time, and all such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
This Website is not intended for persons under 18 years of age. By accessing the Website, you warrant and represent to the Website owner that you are legally entitled to do so and to make use of information made available via the Website. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Intellectual Property Rights.
The Website and its entire contents, features and functionality (including, but not limited to, all information, software, functions, features, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of Takara Belmont, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights laws. By accessing and using the Website, you agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website. You agree that you will not modify or make copies of any materials from this Website, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
Takara Belmont’s name and all related names, logos, product and service names, designs and slogans are trademarks of Takara Belmont or its affiliates or its licensors, whether registered or not. You must not use such marks without the prior written permission of Takara Belmont or unless otherwise permitted under these Terms and Conditions. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Takara Belmont. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
By accessing and using the Website, you agree that you will only use the Website for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation;
- In any way that violates or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of Takara Belmont or third-parties;
- To transmit, post, share, distribute, reproduce or otherwise make available any content that is known by you to be fraudulent, false or misleading or any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable (as determined in our sole discretion);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise; or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm Takara Belmont or users of the Website or expose them to liability (as determined in our sole discretion).
Additionally, you agree not to:
- Use the Website or otherwise engage in any activity that could in any manner disable, overburden, damage, or impair the Website or interfere with proper operation of the Website or any other party’s use of the Website;
- Use any robot, spider or other device, process or means, whether automated or manual, to access the Website for any purpose, including collecting, mining, scraping, monitoring or copying any of the material on the Website;
- Use any device, software or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Frame or enclose the Website or any content thereof; or
- Otherwise attempt to interfere with the proper working of the Website.
Reliance on Information Posted; Third-Party Sites.
The information presented on or through the Website is made available solely for general information purposes. Please note that this Website may include content provided by third-parties. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information; Takara Belmont has no control over such websites and is not responsible for the availability of such external websites. They do not signify that we endorse the website(s); and we have no responsibility for the Content, advertising, products, services or other materials on or available from such third-party websites linked from the Website. All statements and/or opinions expressed in third-party Content, other than Content provided by Takara Belmont, are solely the opinions and responsibility of the person or entity providing those materials. We are not responsible or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties, and we disclaim any and all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Takara Belmont does not make any representations regarding the content or accuracy of materials on such third-party websites and your use of third-party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. This means that you, and not Takara Belmont, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site. Takara Belmont reserves the right (but not the obligation), in its sole discretion, to remove or edit any Content submitted to the site that is offensive, indecent or objectionable, but does not regularly review posted Content.
Changes to the Website.
We may update the Content on this Website from time to time, but we are under no obligation to do so. You acknowledge and agree that any of the Content on the Website may be out of date at any given time.
Disclaimer of Warranties.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, TAKARA BELMONT AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TAKARA BELMONT DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THAT THE WEBSITE AND ITS CONTENT WILL BE SATISFACTORY TO YOU. WITHOUT LIMITING THE FOREGOING, NEITHER TAKARA BELMONT NOR ANYONE ASSOCIATED WITH TAKARA BELMONT REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE AND ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No Class Actions.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS BETWEEN US OR OUR AFFILIATES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Waiver of California Civil Code Section 1542.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Limitation of Liability.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL TAKARA BELMONT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT OR ANY WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TAKARA BELMONT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DATA SECURITY BREACH, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER OR DEVICE, PROGRAMS OR APPLICATIONS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND ITS CONTENT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE WEBSITE AND/OR ITS CONTENT, TERMINATION OF YOUR USE OF THE WEBSITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Takara Belmont, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to: (i) your use of the Website, or (ii) your violation of these Terms and Conditions. Takara Belmont may, in its sole discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without Takara Belmont’s prior written approval. Takara Belmont reserves the right to assume exclusive defense and control of any such claim or action. Reviews, Comments, Communications, and Other Content. You may post reviews, comments, photos, videos, and other Content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third-parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content. Takara Belmont reserves the right (but not the obligation) to remove or edit such Content, but does not regularly review posted Content. Takara Belmont takes no responsibility and assumes no liability for any Content posted by you or any third-party. If you do post Content or submit material, and unless we indicate otherwise, you grant to Takara Belmont and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You further grant to Takara Belmont and sublicensees the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Takara Belmont for all claims resulting from Content you supply. Takara Belmont has the right (but not the obligation) to monitor and edit or remove any activity or Content.
Governing Law and Jurisdiction.
All matters relating to access to, or use of, the Website shall be governed by the laws of the State of New York. Any legal action or proceeding relating to access to, or use of, the Website or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts located in New York.
If the court in your country will not apply New York law, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in New York, then your local law and jurisdiction will apply to such disputes related to these Terms and Conditions. By accessing or using the Website, you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms and Conditions will remain in full force and effect while you are a user of the Website. Takara Belmont reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to, immediate termination of your ability to access the Website provided to you by Takara Belmont, upon any breach by you of these Terms and Conditions or if Takara Belmont is unable to verify or authenticate any information you submit to the Website registration. Even after you are no longer a user of the Website, certain provisions of these Terms and Conditions will remain in effect. IF, FOR ANY REASON, A CLAIM PROCEEDS IN COURT, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
No waiver of by Takara Belmont of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Takara Belmont to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you have any questions about these Terms and Conditions, please contact us at 732.469.5000; or write to us at Takara Belmont USA, Inc., 101 Belmont Drive, Somerset, N.J. 08873.