Terms of use

Welcome to the ONLINE MARK'S web site (hereinafter the "Web Site" ). The following terms and conditions of use govern your use of the Web Site.

By entering in this Web Site, you unconditionally consent to the following Terms and Conditions of Use, which can be modified by MARK'S Inc. (hereinafter the " MARK'S Inc." or "we" , "us" , or "our" ) in its sole discretion, at any time and without notice. The Terms and Conditions of Use include but are not limited to any others agreements and policies incorporated by reference herein (collectively "Terms and Conditions of Use" )


prohibited uses

The Web Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Web Site, purchasing products, providing information to the Web Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Web Site. MARK'S Inc. specifically prohibits any use of the Web Site, and requires all users to agree not to use the Web Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol
Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner
Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another
Communicating, transmitting, or transferring (by any means) information or software derived from the Web site to foreign countries or certain foreign nations in violation of any applicable export control laws
Attempting to interfere in any way with the Web Site's or MARK'S Inc. networks or network security, or attempting to use the Web Site's service to gain unauthorized access to any other computer system Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.


limits on purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice.


international use

We control and operate the Web Site from Japan, and all information is processed within Japan. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Please refer to the shopping guide page on the Web Site for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Web Site.


Content

Copyright in the documents and material on the online-marks.tokyo is owned by or licensed to MARK'S Inc.. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the online-marks.tokyo are either the property of, or used with permission of, MARK'S Inc.. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the online-marks.tokyo. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the online-marks.tokyo should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the online-marks.tokyo without the written permission of MARK'S Inc. or any third party that may own such trademarks or service marks. MARK'S Inc. will aggressively enforce its intellectual property rights to the fullest extent of the law.


privacy policy

Notwithstanding anything else to the contrary contained in these Terms of Use, MARK'S Inc. use of any personally identifiable information (name, etc.) you provide via the Web Site shall be governed by our Privacy Policy. For further information regarding MARK'S Inc. protection of your personal information, please refer to our Privacy Policy page.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MATERIAL CONTAINED IN THE ONLINE MARK'S WEB SITE HAS BEEN CHECKED FOR ACCURACY. HOWEVER, MARK'S MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ONLINE MARK'S WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

MARK'S Inc. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE ONLINE MARK'S WEB SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.

UNDER NO CIRCUMSTANCES WILL MARK'S Inc. OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ONLINE MARK'S WEB SITE OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE ONLINE MARK'S WEB SITE OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MARK'S Inc. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MARK'S Inc. DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE ONLINE MARK'S WEB SITE SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE MARK'S WEB SITE OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL MARK'S Inc. OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE ONLINE MARK'S WEB SITE, EVEN IF MARK'S Inc. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MARK'S Inc. LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification

You agree to defend, indemnify, and hold harmless MARK'S Inc. and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the ONLINE MARK'S Web Site.


Governing Law; Jurisdiction

You agree that entering in this Web Site you accept the Japanese law. These Terms and Conditions of Use shall be governed by and construed in accordance with the Japanese laws and any action arising out or relating to these Terms and Conditions of Use shall be subject to the exclusive jurisdiction court of first instance the Tokyo District Court.