Terms and Conditions
Terms and Conditions
Last Updated: 01.29.2021
The websites TokyoCentral.com, Marukai.com, and MarukaiCorp.com (each a “Website” and collectively, the “Websites”) are made available by Marukai Corporation subject to the following terms and conditions of use (“Terms and Conditions”).
You must be thirteen (13) years of age or older to use the Websites. By using the Websites, you affirm that you are of legal age to enter into these Terms and Conditions, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and Conditions and your parent or guardian consents to these Terms and Conditions on your behalf.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITES. By using the Websites, you agree that your access to and use of the Websites is subject to these Terms and Conditions and all applicable federal, state, and local laws. Your use of the Websites in any manner constitutes your acknowledgment that you have read these Terms and Conditions and agree to be bound by them and all applicable law. If you do not agree to these Terms and Conditions, please do not use the Websites.
3. Intellectual Property
The entire content included in the Websites, including but not limited to, text, graphics, images, code, or other content (“Materials”), is copyrighted as a collective work under United States copyright law and other copyright or intellectual property laws, and is the property of Marukai Corporation. The collective work includes works that are owned or licensed to Marukai Corporation. Copyright 2003, TokyoCentral.com ALL RIGHTS RESERVED. All trademarks, service marks, and trade names used on the Websites are trademarks or registered trademarks of Marukai Corporation. Subject to your compliance with these Terms and Conditions, and solely for so long as you are permitted by Marukai Corporation to use the Websites, you may, subject to any expressly stated restrictions or limitations relating to specific material, access, view, download, or print portions of the Materials from the different areas of the Websites solely for your own personal and non-commercial use. Any other use, including but not limited to the reproduction, distribution, display, modification, or transmission of the Materials is strictly prohibited, unless expressly authorized by Marukai Corporation. No license, right, title, or interest in the Websites or any Materials shall be transferred to you as a result of your use of the Websites. You further agree not to change or delete any proprietary notices from Materials downloaded from the Websites.
4. Warranty Disclaimer
The Websites and the materials and products on the Websites are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Marukai Corporation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Marukai Corporation does not represent or warrant that the functions contained in the Websites will be uninterrupted or error-free, that the defects will be corrected, or that any Website or the server that makes the Websites available is free of viruses or other harmful components. Marukai Corporation does not make any warranties or representations regarding the information and materials in the Websites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise, and expressly disclaims any liability for errors or omissions in this information.
5. Limitation of Liability
Marukai Corporation, its officers, directors, associates, affiliates, or any third parties mentioned in the Websites shall not be liable to you or any other person under any legal or equitable theory, whether in tort, contract, strict liability, or otherwise, for any indirect, special, incidental, or consequential losses or damages, that result from the use of, inability to use, or reliance on the Websites and any content on the Websites, whether or not Marukai Corporation has been advised or should have known of the possibility of such damages. To the fullest extent provided by applicable law, this disclaimer applies to, but is not limited to, any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer failure or malfunction, computer viruses, file corruption, communication failure, network or system outage, theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss.
6. Product Sales
At present, Marukai Corporation does not accept any orders or conduct any sales through any of the Websites. To purchase any products from Marukai Corporation, please visit a store of ours.
7. Errors on the Websites
Marukai Corporation makes every effort to ensure that the information on the Websites is accurate, complete, and current. However, as indicated in the disclaimers set forth herein, Marukai Corporation does not guarantee that the information contained on any of the Websites will be free of errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to product or service descriptions or availability, or to any other matters referenced on the Websites. Marukai Corporation reserves the right to correct any error, inaccuracy, or omission or to change or update any product or service descriptions, product specifications, or other information on the Websites at any time without prior notice to you. Marukai Corporation reserves the right to discontinue the sale of any product or provision of any service listed on the Websites at any time without prior notice to you.
Marukai Corporation may deliver notice to you by means of e-mail, a general notice on any of the Websites, or by other reliable method to the address you have provided to Marukai Corporation.
9. Choice of Law and Forum
Your use of any of the Websites shall be governed in all respects by the laws of the State of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Websites shall be in the state or federal court located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Websites must be commenced within one (1) year after the claim or cause of action arises.
10. Use of Websites
Harassment in any manner or form on the Websites, including via e-mail, chat, or by use of obscene or abusive language, is forbidden. Impersonation of others, including a Marukai Corporation or other licensed employee, host, or representative, as well as other members or visitors on the Websites is also prohibited. You may not upload to, distribute, or otherwise publish through the Websites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You may not upload commercial content on the Websites or use the Websites to solicit others to join or become members of any other commercial online service or other organization. You may not make available through, or in connection with the Websites any virus, worm, spyware, or other computer code, file, or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
11. Participation Disclaimer
Marukai Corporation does not and cannot review all communications and materials posted to or created by users accessing the Websites, and will not be in any manner responsible for the content of these communications and materials. Marukai Corporation welcomes your feedback regarding our products and services. However, any feedback or other information you provide at any of the Websites shall be deemed to be non-confidential, and Marukai Corporation shall be free to use or disclose such information on an unrestricted basis, and without compensating you. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Websites, each Website is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Websites. Nonetheless, Marukai Corporation reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Marukai Corporation in its sole discretion.
You agree to indemnify, defend, and hold harmless Marukai Corporation, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you.
13. Third-Party Links
In an attempt to provide increased value to our visitors, Marukai Corporation may include links and references to websites operated by third parties. However, even if the third party is affiliated with any of the Websites or Marukai Corporation, Marukai Corporation has no control over these linked websites, all of which have separate privacy and data collection practices independent of the Websites and Marukai Corporation. These linked websites are provided only for your convenience and therefore any access of them is at your own risk. Such links and references are not intended to, nor do they constitute Marukai Corporation’s endorsement of the linked websites and Marukai Corporation makes no warranties or representations regarding these linked websites or any content or services provided at such linked websites. Nonetheless, Marukai Corporation seeks to protect the integrity of the Websites and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).
14. Entire Agreement and Severability
These Terms and Conditions constitute the entire agreement with respect to your access to and use of the Websites. If any Provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability.
Marukai Corporation's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. None of these Terms and Conditions, or any part of them, may be modified or amended by you. These Terms and Conditions, or any part of them, may be amended, modified, or discontinued by Marukai Corporation without any notice at any time and for any reason.
You may not assign the Terms and Conditions or any of your rights or obligations under these Terms and Conditions without Marukai Corporation’s express written consent. Marukai Corporation may assign these Terms and Conditions and its rights and obligations under these Terms and Conditions to any party at any time without notice to you.
You agree that no joint venture, partnership, employment, or agency relationship exists between Marukai Corporation and you as a result of this Agreement or your use of the Websites. The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification, Choice of Law and Forum, Entire Agreement and Severability, Waiver, Amendment, Assignment, and Miscellaneous, shall survive any termination. The Terms and Conditions inure to the benefit of Marukai Corporation’s successors, assigns, and licensees. The section headings in the Terms and Conditions are for convenience only and have no legal or contractual effect.