|Terms and Conditions |
| | PlaJapan.com Terms and Conditions PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING AND PURCHASING FROM THE PLAJAPAN ONLINE STORE. TRANSACTING WITH THE PLAJAPAN ONLINE STORE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER OR TRANSACT WITH THE PLAJAPAN ONLINE STORE. Introduction.
This agreement ("Agreement"
) between You ("You"
) and PlaJapan Co. ("PlaJapan"
) consists of these Terms and Conditions ("Terms and Conditions"
). A description of the PlaJapan.com Online Store ("Site"
) is available at the URL located at http://www.plajapan.com/information.php?info_id=1
, and the Frequently Asked Questions ("FAQ"
) is available at the URL located at http://www.plajapan.com/zz_faq.php
means any entity (a) identified using this Site and its content; (b) identified attempting or completing a transaction; (c) identified in a registration form submitted by the same or affiliated persons, and/or any company or organization acting on its (or their) behalf; (d) identified engaging in any activity with PlaJapan, which shall also be bound by the terms of this Agreement.
2. Intellectual Property and Confidentiality.
- 1.1 Representations and Warranties. You represent and warrant that (a) all of the information provided by and about You to PlaJapan is true, correct and current; (b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder; (c) You are in compliance with all applicable local, state, federal and international laws, statutes, ordinances and regulations; (d) You are at least 16 years of age or have authorization from Your parent or Guardian who have reached the age of legal majority.
- 1.2 Code of Conduct. You agree not to use the Site or any of the Content (a) for any illegal, objectionable, or fraudulent purpose; (b) to transmit spam or any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind; (c) to interfere with, abuse or otherwise violate the legal rights of any third party (including the use of any merchandise or services offered on or in connection with the Site).
- 1.3 Binding Use. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by PlaJapan. If at any time the terms or conditions of this Agreement are not acceptable to you, immediately cease use of the Site.
- 1.4 Terms of Sale. You agree that the Terms of Sale are EX WORK City of Cerritos, State of California, United States of America.
3. Limitations of Liability and Disclaimers.
- 2.1 Copyrighted Material. All content on this Site, such as text, graphics, logos, color combinations, layout, button icons, images, audio clips, video clips, software, and compilation of content (collectively "Content") is the property of PlaJapan or its content suppliers and is protected by U.S. and international copyright laws. Unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance, of the Content without prior written permission is strictly prohibited. Select images from Hobby Search are used with expressed written permission.
- 2.2 PlaJapan Trademark. "PlaJapan.com", "JHobby.net", "J-Hobby.net", "PlaJapan.com & Play!", and Mascot(s) (collectively "Trademarks") are trademarks of PlaJapan Co. PlaJapan Trademarks may not be used in any manner without prior written permission. All trademarks and registered trademarks mentioned on this Site are properties of their respective owners.
- 2.3 Intellectual Property.The parties agree that PlaJapan owns and retains all right, title and interest in and to the PlaJapan Trademarks, Services and any related technology utilized under or in connection with this Agreement, including but not limited to all intellectual property rights associated therewith. No title to or ownership of any of the foregoing is granted or otherwise transferred to You or any other entity or person under this Agreement. You will not reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or trade secrets for any of the PlaJapan Services or related technology.
- 2.4 Confidential Information. You agree to hold all information communicated by PlaJapan to You, whether written or oral or in any media whatsoever (the "Confidential Information"), in strict confidence, not to disclose, distribute or disseminate the Confidential Information or information derived there from in any way to any third party and not to use the Confidential Information for Your own benefit or the benefit of others, or for any purpose except in connection with the purposes of this Agreement. You agree to use Your best efforts to protect all Confidential Information and in any event, to take precautions at least as great as those taken to protect Your own information of a similar nature. You agree that this Agreement is considered Confidential Information. Upon the request of PlaJapan, You will return all materials, in any medium, that contain, embody, reflect or reference all or any part of any Confidential Information. You acknowledge that breach of this provision may result in irreparable harm to PlaJapan, for which money damages may be an insufficient remedy, and therefore PlaJapan will be entitled to seek injunctive relief to enforce the provisions of this section.
4. General Provisions.
- 3.1 Disclaimer. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. PLAJAPAN IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT (INCLUDING CONTENT SUPPLIED BY VISITORS TO AND CUSTOMERS OF THE SITE); AS SUCH, PLAJAPAN EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, PLAJAPAN SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE MERCHANDISE PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PLAJAPAN OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY.
- 3.2 Limitation of Liability. USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. NEITHER PLAJAPAN NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR ANY MERCHANDISE OR SERVICES PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, ANTICIPATED PROFITS, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM THE SITE, OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION OF SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO THE SITE.
Last Updated July 9, 2008
- 4.1 Force Majeure. Neither party will be liable for any losses arising out of the delay or interruption of its performance of obligations under the Agreement due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions of a third party, infiltration or disruption of PlaJapan services or products by a third party by any means, including without limitation, DDoS attacks, software viruses, Trojan horses, worms, time bombs or any other software program or technology designed to disrupt or delay the PlaJapan services or products, or other catastrophes or any other occurrences which are beyond such parties' reasonable control (each a "Force Majeure Event"), provided that the party delayed will provide the other party notice of any such delay or interruption as soon as reasonably practicable, will use commercially reasonable efforts to minimize any delays or interruptions resulting from the Force Majeure Event and in no event will any failure to pay any monetary sum due under this Agreement be excused for any Force Majeure Event.
- 4.2 Severability; Headings. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision. Headings are used for convenience of reference only and in no way define, limit, construe or describe the scope or extent of any section, or in any way affect this Agreement.
- 4.3 Survival. The following provisions of this Agreement shall survive the expiration or termination of this Agreement: Copyrighted Material (Section 2.1), PlaJapan Trademark (Section 2.2), Intellectual Property (Section 2.3), Confidential Information (Section 2.4), Disclaimer (Section 3.1), Limitation of Liability (Section 3.2), Force Majeure (Section 4.1), Severability; Headings (Section 4.2), Survival (Section 4.3), Indemnification (Section 4.4), Arbitration (Section 4.5), Modifications (Section 4.6), Applicable Law, Language, and Venue (Section 4.7), and Termination (Section 4.8).
- 4.4 Indemnification. You agree to indemnify, defend, and hold harmless PlaJapan and its owners, employees, agents, officers, directors, partners, suppliers, licensors, affiliates, and applicable third parties (collectively "Indemnified Person(s)") harmless from and against all third party claims, liabilities, expenses (including damage awards, settlement amounts, and reasonable legal fees), loss, damages, personal injury, and all other claims, brought against any Indemnified Person(s), arising out of, related to or which may arise from (1) Your use or misuse of the Site and its content, (2) any provided service, (3) transactions, (4) Your breach of any term of this Agreement, (5) shipment loss, damage, rifling, theft, tariffs, taxes, bills, or any shipment related issues, or (6) any activity with PlaJapan.
- 4.5 Arbitration. You acknowledge and agree that PlaJapan has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to You whatsoever, to delete, cancel, refund, hold, delay, and arbitrate on all Your (a) attempted and/or completed transactions; (b) content published to the Site.
- 4.6 Modifications. PlaJapan reserves the right to amend and modify the Site and its content, these disclaimers, and terms and conditions at any time, for any reason, and without notice to You.
- 4.7 Applicable Law, Language, and Venue. You agree that all matters arising from or related to this Agreement, Transaction(s), and the use of the Site shall be governed and construed in accordance with the statues and laws of Los Angeles County, State of California, United States of America. To the full extent permitted by law, the controlling language of this Agreement is English and any translation you have received has been provided solely for your convenience. To the full extent permitted by law, all correspondence and communications between you and PlaJapan under this Agreement must be in the English language. You also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of California, with respect to such matters. Those who choose to transact or access the Site from outside the United States of America do so on their own initiative and are responsible for compliance with local laws. You agree to the admissibility of computer records and electronic evidence in any dispute hereunder. Notwithstanding any other provision of these terms to the contrary, PlaJapan reserves the right to cooperate with local, state and federal officials in any investigation relating to any purported illegal activities and, when required by law, regulation, legal process or government request, to disclose any personal information furnished by You or collected by PlaJapan to law enforcement authorities or other third parties.
- 4.8 Termination. PlaJapan may terminate this Agreement or Your access to the Site at any time in its sole discretion.