Welcome to DESCENTE’s website (the “DESCENTE Website”)!

Descente Japan Ltd. (“DESCENTE”) and its service provider, Lingble Pte. Ltd. (“Lingble,” and together with DESCENTE, “DESCENTE Online” or “we”) provide their services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). The Agreement governs your use of the DESCENTE Website and DESCENTE Online’s services, applications, content and products (collectively, the “Site”). Accessing, browsing, or otherwise using the Site constitutes your agreement to follow and be bound by all the terms and conditions in the Agreement, so please read it carefully before proceeding. If you do not agree to the terms and conditions in the Agreement, you should not access or use the Site.

DESCENTE Online reserves the right to change the Site and the Agreement at any time without notice.

Use of the Site

You represent and warrant that you are at least 18 years old or, if you are between the ages of 13 and 17, inclusive, you are visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, DESCENTE Online hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by DESCENTE Online in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by DESCENTE Online in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by DESCENTE Online in advance. DESCENTE Online reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if DESCENTE Online believes that customer conduct violates applicable laws or is harmful to DESCENTE Online’s interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is incomplete, false, inaccurate or not your own; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (d) communicates, transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (e) attempts to interfere in any way with the Site’s or DESCENTE Online’s networks or network security, or attempts to use the Site’s service to gain unauthorized access to any other computer system or otherwise includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. DESCENTE Online may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and DESCENTE Online has no obligation to investigate the authorization or source of any such access or use of the Site.

You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify DESCENTE Online of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

Security Rules

Violations of system or network security may result in civil or criminal liability. DESCENTE Online investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

Sanctioned Countries

By visiting and using the Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.

Product Information

Although DESCENTE Online has made every effort to display products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and DESCENTE Online cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued.

While DESCENTE Online strives to provide accurate product information, typographical errors may occur. DESCENTE Online is not responsible for typographical errors.

Copyright

All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, "Content"), belong exclusively to Lingble, DESCENTE or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to DESCENTE Online. All software used on this Site (the "software") is the property of Lingble or its Software suppliers.

The Content, the Compilation and the Software are all protected international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Lingble, DESCENTE, their suppliers, or third parties. The use of any Lingble, DESCENTE trademark or service mark without their respective express written consent is strictly prohibited. You may not use any Lingble, DESCENTE trademark or service mark in connection with any non-DESCENTE Online product or service or in any way that is likely to cause confusion. You may not use Lingble’s, DESCENTE’s trademarks or service marks in any manner that disparages or discredits them. You may not use any of the Lingble, DESCENTE trademarks or service marks in meta tags without their respective prior explicit consent.

Privacy Policy

Notwithstanding anything else to the contrary contained in this Agreement, DESCENTE Online’s use of any personally identifiable information (name, email address, etc.) you provide via the Site shall be governed by the Site’s Privacy Policy. For further information regarding the protection of your personal information, please refer to the Privacy Policy page.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, DESCENTE Online may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and DESCENTE Online shall, in addition to any other legal or equitable remedies, deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Disclaimer and Limitation of Liability

DESCENTE Online publishes information on the Site as a convenience to its visitors. While DESCENTE Online attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. DESCENTE Online does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”

DESCENTE ONLINE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DESCENTE ONLINE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DESCENTE ONLINE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

IN NO EVENT SHALL DESCENTE ONLINE, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF DESCENTE ONLINE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESCENTE ONLINE'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO DESCENTE ONLINE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO DESCENTE ONLINE'S LIABILITY.

Indemnity

You agree to defend, indemnify and hold Lingble, Descente Japan Ltd., and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Agreement or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

Arbitration

Where the parties fail to settle any dispute within 30 days after such dispute occurs, they agree to submit such a dispute to Singapore International Arbitration Centre (“SIAC”) for arbitration which shall be conducted in accordance with the SIAC's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties. The arbitration proceedings shall be conducted in English.

Governing Law

The validity, interpretation, enforceability, and performance of this Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York without regards to conflict of laws principles.

Governing Language

The governing language of this Agreement is English. This Agreement has been originally drafted in English and shall be only interpreted in English. If you are reading this Agreement in a language other than English, you are reading a non-binding translation of the Agreement prepared only for your convenience. In the event of a conflict between any translation and the English version of this Agreement, the provisions of the English version shall prevail.

Links

DESCENTE Online makes no warranties of any kind regarding any other websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and DESCENTE Online makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any other websites. DESCENTE Online does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Remedies

You agree that DESCENTE Online's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that DESCENTE Online shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that DESCENTE Online may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.

No right or remedy of DESCENTE Online shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys' fees and expenses.

No instance of waiver by DESCENTE Online of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.