Overview:
The following rules and regulations apply to all visitors to or users of the Daruma Kids Web site, a web site owned and operated by Marchforth International Limited. The home page is at www.darumakids.com. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by Marchforth at any time and posted on this Web site. In the event of a violation of these rules and regulations, Marchforth reserves the right to seek all remedies available by law and in equity.
Limited License:
Daruma Kids Web Site and all of its materials, including, but not limited to, its software or HTML code, animations, characters, designs, scripts, text, artwork, photographs, images, video, and audio (collectively, "Materials") are protected by copyright laws and other international laws and treaties. All Materials are provided by Marchforth as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; (b) you may not access or use the Daruma Kids Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Marchforth may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Marchforth
Trademarks:
No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Daruma Kids Web Site. Your misuse of the trademarks displayed on the Daruma Kids Web Site is strictly prohibited. You are also advised that Marchforth will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Linking:
Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the "Third Party Sites"). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Daruma Kids Web Site. None of such links should be deemed to imply that Daruma Kids endorses the Third Party Sites or any content therein. Daruma Kids does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Marchforth will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Disclaimer of Warranty:
Access to Daruma Kids Web Site is provided to our customers and prospective customers "AS IS" and "AS AVAILABLE" and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Marchforth reserves the right to block or deny access to the Web Site to anyone at any time for any reason.
Jurisdiction:
Daruma Kids controls this Web Site from its offices within the country of Japan. Daruma Kids does not imply that the materials published on this Web Site are appropriate for use outside of Japan. If you access this Web Site from outside of Japan, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the country of Japan, without giving effect to its conflict of laws provisions.
Your Communications:
Marchforth shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Limitation of Liability:
IN NO EVENT WILL DARUMA KIDS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF ANY PRODUCT PURCHASED FROM MARCHFORTH. THIS INCLUDES THE USE OF ITS WEBSITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MARCHFORTH IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
The customer or sales partner agrees to indemnify and hold harmless Marchforth International KK ("Marchforth") against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any usage of a product sold by Marchforth. The customer or sales partner shall also assume all responsibility for, and indemnify Marchforth against, all product liability claims wherever brought.
Revisions:
Marchforth may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Marchforth also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Marchforth may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
Product Disclaimer:
Although great care has been taken to ensure that each Daruma Kids product goes toward enhancing the beauty and mood of your home, Marchforth cannot be held responsible should any untoward event occur from the use of the product.
© MarchForth International 2009 All Rights Reserved