Agreement between user and www.beyblade.com
Welcome to www.beyblade.com. The www.beyblade.com website (the “Site”) is comprised
of various web pages operated by ADK Emotions NY Inc. www.beyblade.com is offered
to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the “Terms”). Your use of www.beyblade.com constitutes
your agreement to all such Terms. Please read these terms carefully and keep
a copy of them for your reference.
www.beyblade.com is a News and Information Site.
This website provides the latest news and contents about BEYBLADE X.
Privacy
Your use of www.beyblade.com is subject to www.beyblade.com’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting or sending emails to www.beyblade.com constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements,
notices, disclosures, and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications
be in writing.
www.beyblade.com does not knowingly collect, either online or offline, personal
information from persons under the age of thirteen. If you are under 18, you
may use www.beyblade.com only with permission of a parent or guardian.
Links to third party sites/third party services
www.beyblade.com may contain links to other websites (“Linked Sites”). www.beyblade.com
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. www.beyblade.com is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by www.beyblade.com
of the Linked Site or any association with its operators.
Certain services made available via www.beyblade.com are delivered by third
party sites and organizations. By using any product, service or functionality
originating from the www.beyblade.com domain, you hereby acknowledge and consent
that www.beyblade.com may share such information and data with any third party
with whom ADK Emotions NY Inc. has a contractual relationship to provide the
requested product, service or functionality on behalf of www.beyblade.com users
and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to
access and use www.beyblade.com strictly in accordance with these Terms.
As a condition of your use of the Site, you warrant to www.beyblade.com
that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with
any other party’s use and enjoyment of the Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the service, such as text, graphics, logos,
images, as well as the compilation thereof, and any software used on the Site,
is the property of ADK Emotions NY Inc. or its suppliers and protected by copyright
and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make
any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. www.beyblade.com content is
not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use
protected content solely for your personal use and will make no other use of
the content without the express written permission of www.beyblade.com and
the copyright owner. You agree that you do not acquire any ownership rights
in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of ADK Emotions NY Inc. or our licensors except
as expressly authorized by these Terms.
International Users
The service is controlled, operated, and administered by ADK Emotions NY Inc.
from our offices within the USA. If you access the service from a location
outside the USA, you are responsible for compliance with all local laws. You
agree that you will not use the www.beyblade.com content accessed through the
site in any country or in any manner prohibited by any applicable laws, restrictions,
or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ADK Emotions NY Inc., its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of
this agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. ADK Emotions NY
Inc. reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in
which event you will fully cooperate with ADK Emotions NY Inc. in
asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WWW.BEYBLADE.COM AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WWW.BEYBLADE.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY
OR CONDITION OF ANY KIND. WWW.BEYBLADE.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WWW.BEYBLADE.COM
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR
INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE
USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF WWW.BEYBLADE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
www.beyblade.com reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this agreement is governed
by the laws of the State of New York, and you hereby consent to the exclusive
jurisdiction and venue of courts in New York in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including,
without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and ADK Emotions NY Inc. as a result of this agreement or
use of the Site. www.beyblade.com’s performance of this agreement is subject
to existing laws and legal process, and nothing contained in this agreement
is in derogation of www.beyblade.com’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site
or information provided to or gathered by www.beyblade.com with respect to
such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and www.beyblade.com with respect to the Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral, or written, between the user and www.beyblade.com with respect to the
Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon
or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.
Changes to Terms
www.beyblade.com reserves the right, in its sole discretion, to change the
Terms under which it is offered. The most current version of the Terms
will supersede all previous versions. www.beyblade.com encourages you to
periodically review the Terms to stay informed of our updates.
Contact Us
www.beyblade.com welcomes your questions or comments regarding the Terms:
Email Address:
beybladeinfo@adkemotions.com
Effective as of September 10, 2016
©Homura Kawamoto, Hikaru Muno, Posuka Demizu, BBXProject, TV TOKYO