Terms of Use

1. Ownership

The Services and the entirety of the Site’s contents, design, features and functionality, including all audio, images, logos, service marks, and trademarks, data, software, text, artwork, video clips and other materials (collectively the "Content") are owned or licensed by the Company, and protected by Japanese, U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. By making them available on the Site, Company is not granting you any license to utilize any Content. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

 

2. Your Right To Use The Site and its Contents

The Services and the Site are only for your personal, non-commercial use. You may not distribute, exchange, modify, sell, or transmit any Content from the Site for any business, commercial, or public purpose. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Site or any Content. In addition, you are prohibited from removing any sponsorship banners, advertisements, or other material presented, included, or inserted by the Company anywhere on the Site (including, on any web space made available for your use).

If the Site permits you to submit, publish or otherwise make any content or materials available on the Site, you shall not act in any way, which in our sole opinion and discretion is or likely to:

1. Be libelous, defamatory, profane, invade a person’s privacy, obscene, pornographic, racist, abusive, harassing, threatening, or offensive;
2. Disparage, criticize, belittle, parody, or otherwise portray any individual in a negative light;
3. Exploit or harm minors by exposing them to inappropriate content;
4. Infringe any intellectual property or other right of any entity or person, including violating anyone's copyrights, trademarks or their rights of publicity;
5. Violate any law;
6. Transmit confidential, sensitive or other proprietary information;
7. Advocate or promote illegal activity;
8. Impersonate or misrepresent your connection to any entity or person or otherwise manipulate headers or other identifiers to disguise the origin of any content;
9. Advertise any commercial endeavor (e.g., offering for sale products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) unless specifically authorized on the Site;
10. Solicit funds, advertisers or sponsors;
11. Submit programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications network;
12. Disrupt the normal flow of dialogue, cause a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
13. Copy any other pages or images on the Site;
14. Include MP3 format files;
15. Amount to or involve a 'pyramid' or similar scheme;
16. Amount to 'data warehousing' (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
17. Violate any policy or regulation established from time to time regarding use of the Site or any networks connected to the Site; or
18. Contain links to other sites that contain the kind of content described in paragraphs (a) to (q) above.

As long as you comply with the entirety of these Terms and Conditions, the Company grants you a non-exclusive, non-transferable, limited right to enter, display, and use the Site and Services. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You represent and warrant that you will not use the Site for any purpose that is unlawful, and you will only use the Site and Services as specifically permitted by these Terms and Conditions.

 

3. Legal Capacity

The Site and the Services are intended for use by individuals 18 years of age or older. If you are under 18, you may use the Site and Services only with authorization and involvement of a parent or guardian who agrees to be bound by these Terms and Conditions. By accessing and/or using the Site and Services, you represent and warrant that you are over eighteen (18) years of age (or that you are under eighteen (18) years of age and your use of the Site and Services has been approved by your parent or legal guardian). You hereby represent and warrant that you have the full power and authority to enter into and comply with these Terms and Conditions. If you are using the Site and Services on behalf of any other individual, you represent and warrant that you are authorized to accept these Terms and Conditions on such individual’s behalf.

 

4. Feedback

The Company welcomes your feedback, and you are free to submit your comments, opinions, website links, photos, graphics, audio and videos (the "Feedback") regarding our products, the Site and Services through the customer service form. However, we request that you do not submit any Feedback that based on material owned by a third party, and you be specific in your comments, and that you do not submit any ideas, suggestions or materials (collectively, with Feedback, "Submissions") related to the business of the Company. If you do submit any Submissions in any form or format, you understand, acknowledge, and agree that Company has not solicited any Submission (and all Submissions are subject to the following terms: (a) on submission to Company, the entirety of your Submission will automatically become the property of the Company, and the Company has no obligation whatsoever to compensate you; (b) the Company has no obligation to acknowledge, review or use your Submission; (c) the Company may implement and distribute your Submission, in whole or in part, for any purpose, in any way, and without any compensation to you; (d) the Company is not obligated to treat any Submission as confidential; and (e) the Company shall not be liable for any use or disclosure of any Submissions.

With respect to all Feedback, you represent and warrant that (i) your Feedback does and will comply with these Terms and Conditions, (ii) the Feedback does not infringe, misappropriate or otherwise violate any third party rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights, and (iii) you have the right to grant, and do hereby grant, to the Company a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such Feedback and to incorporate the Feedback into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For avoidance of doubt, the Company will be entitled to use the Feedback for any purpose whatsoever without compensation to you or any other person. In addition, you are fully responsible for any Feedback you submit, and you, not the Company, have full responsibility for such Feedback, including its legality, reliability, accuracy and appropriateness. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that any Feedback you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. The Company is not responsible, or liable to any third party, for the content or accuracy of any Feedback posted by you or any other user of the Site.

 

5. INTELLECTUAL PROPERTY

If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Company’s copyright agent ("Copyright Agent"), by sending a notification to:

ahq-ipr@asics.com

To be effective, a notice of copyright infringement must be made in writing and include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Site who is the subject of repeated DMCA or other infringement notifications.

 

6. The Information You Give Us Must Be Correct

To access the Site or some of the Services and resources it has to offer, you may be asked to provide registration details and create an account in order to fully access and/or use the Site and Services. It is a condition of use of the Site that all the details you provide be correct, current, and complete. You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so. If we believe the details are not correct, current, or complete, we have the right to refuse to grant you access to the Site, in whole or in part, and to terminate or suspend your account.

 

7. Online Privacy Notice

Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at the Site. When you register an account with us, you may be required to provide some of your personal information. By registering and providing us with your personal information, you also accept our Privacy Policy , which is hereby incorporated into and forms part of these Terms and Conditions.

 

8. Security Of Electronic Transmissions

Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. You may contact the Company through the contact page at: https://www.onitsukatiger.com/jp/en-gl/contact on the express understanding that Company is under no obligation or responsibility to acknowledge or respond to your correspondence.

 

9.Security

Any usernames and passwords used for the Site are for individual use only. You shall be solely responsible for the security of your username and password (if any). The Company has the right but is not obligated to monitor your username and password and, at its sole discretion, may require you to change these. Should you elect not to comply with such requirement, Company is expressly permitted to terminate your account.

 

10. Violation of Security Systems

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

11. Links To Other Websites

From time to time, the Site may contain links to other services, products, Internet sites on the World Wide Web offered or provided by third parties. The Company provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Site. Links from the Site to any other website do not indicate that the Company approves of, endorses, sponsors, or recommends that website. The Company disclaims all warranties, express or implies, as to the accuracy, legality, reliability, or validity of any content on any other website. The Company is not responsible for the privacy practices of any other service or website linked to on the Site. Your use of third party links is subject to the terms of use and privacy policies applicable to those other sites, services, and websites. You should review the applicable privacy policies for those other third party websites that are linked to on the Site.

 

12. Descriptions Of Products

The Company attempts to provide accurate descriptions of all products displayed on the Site or sold and offered through the Services. However, we do not warrant that the product descriptions are complete or error-free.

 

13. Availability Of Products

All purchases and orders are subject to availability on the Site. Certain products displayed on the Site may not be available in your particular country, state/province or locality. The display of, reference to, or link to such products on the Site does not imply or warrant that these products will be available at any time or in your particular location. The Company attempts to provide accurate and up-to-date information about availability through the Site, but we do not warrant that the information is current, complete or error-free. Products may be available on other third party channels for which we have no control over availability. Any purchases you make on third party websites will be through other websites and from third parties. The Company is not responsible for any products or services provided by such third parties, and your of such products and services is at your own risk.

 

14. Third Party Payment Processors

Payments processed on the Site are made by third party payment processors, which are subject to the terms of use and privacy policies of those third-party payment gateways and are not accessible or controlled by the Company.

Furthermore, transactions under this Site and Services may be handled by our partner, Global-e, subject to Global-e’s Terms of Sale, available at: https://www.global-e.com/tos. Global-e will share your information with the Company in accordance to Global-e’s Privacy Policy available at: https://www.global-e.com/consumer-privacy-policy. Such terms are incorporated herein by reference.

 

15. Right to Change These Terms and Conditions or Site Content

The Company reserves the right to make changes to the Site, Services and these Terms and Conditions at any time, without prior notice. Any changes to these Terms and Conditions or any additional terms posted on the Site are effective and apply as soon as they are posted. By continuing to use the Site and Services after any changes are posted, you are indicating your acceptance of and agreement to all such changes. Furthermore, the Company may add, change, discontinue, remove, or suspend any other Content posted on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

 

16. Release

If you have a dispute with one or more users (including customers or merchants), you release us (and our parent company, affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, expenses and damages, both actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the application of this release to include only those claims which you may know of or suspect to exist in your favor at the time of agreeing to this release.

 

17. Indemnity

To the maximum extent permitted by applicable law, you hereby agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, distributors, and affiliates from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from (a) your breach of these Terms and Conditions, including any of the foregoing provisions, representations or warranties, (b) from your placement or transmission of any content onto our servers (including any Submissions), (c) from any and all use of the Site and Services, including your account, or (d) breach of any laws, regulations or third-party rights including intellectual property or privacy rights.

 

18. Disclaimer of Warranties and Damages

Your use of the Site and Services is at your own risk. The Site and Services (including all content and functions made available on or accessed through the Site and Services) is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability and fitness for a particular purpose, availability, workmanlike effort, title, and non-infringement. Furthermore, the Company does not warrant that the Site or Services are free of viruses or other harmful components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site or Services.

 

19. Limitation of Liability

Under no circumstances and no theory of liability, including contract, tort, negligence, strict liability, warranty, or otherwise, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages that result from the use of, the inability to use, or errors or omissions in the contents and functions of the Site or Services, even if the Company or an authorized representative of the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may not apply to you. In no event shall Company’s total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed USD$100.00. Notwithstanding the immediately preceding paragraph, if such damages, losses, and causes of action are caused by Company’s willful misconduct or gross negligence, the limitation of liability of the Company shall not apply. The limitation of liability set out above does not affect any liability that cannot be excluded or limited under applicable law (in such cases our liability will be limited to the fullest extent permitted by applicable law). This limitation of liability will survive the expiration or termination of these Terms and Conditions.

 

20. Governing Law and Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Japan, without reference to its conflict of law rules, and you expressly agree to submit to the exclusive jurisdiction of the Tokyo District Court with regard to any dispute arising out of your use of the Site. You expressly agree not to seek the transfer of any case or proceeding out of such courts.

You and the Company agree that, at the election of either party, any dispute connected with the Terms and Conditions may be sent to binding individual (non-class) arbitration to be administered by the Japan Commercial Arbitration Association (“JCAA”). If, for any reason, the JCAA is not available or will not hear the case, you or Company may file our case with any national arbitration company. You and Company agree that the arbitrator shall not have any power to consider, hear, entertain, or grant any class arbitration.

 

21. Investigations

The Company reserves the right to investigate suspected violations of these Terms and Conditions, including any violation arising from any submission, posting, or e-mails you make or send to the Company or through the Site and Services. The Company may seek to gather information in order to investigate from any user who is suspected of violating these Terms and Conditions, and from any other user of the Site and Services. The Company may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If the Company believes, in its sole discretion, that a violation of these Terms and Conditions has occurred, it may edit or modify any submission, posting, or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

22. General Provisions

These Terms and Conditions, the Privacy Policy, and any additional terms posted on the Site or incorporated by reference together constitute the entire agreement between the Company and you with respect to your use of the Site and Services. Any alleged claim or cause of action you may have with respect to your use of the Site and Services must be commenced within one (1) year after the alleged claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision or portion shall be deemed severable, and shall not affect the validity and enforceability of any remaining provision of these Terms and Conditions. Headings under these Terms and Conditions are intended only for convenience and shall not affect the interpretation of these Terms and Conditions.

No waiver by the Company of any provision in the Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure by Company to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.

In these Terms and Conditions, the words “including” and “include” mean “including, but not limited to” and “or” is not exclusive.

 

23. Assignment

The Company may assign these Terms and Conditions to its affiliate or subsidiary, or in connection with a merger, consolidation, or sale or other disposition of all or substantially all of its assets. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without Company’s prior written consent (in Company’s sole discretion). Any assignment attempted to be made in violation of the foregoing restriction shall be null and void.