Terms of service

Welcome to DESCENTE’s website (the “DESCENTE Website”)!
DESCENTE, LTD. (“DESCENTE”, “us”, “we”, “our”) provides its 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’s services, applications, content and products available on the website (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 reserves the right to change the Site and the Agreement at any time without notice.

WHO WE ARE
The legal name of our primary operating company is DESCENTE, LTD. The registered office of DESCENTE, LTD. is located at Maruito Namba Building 13F, 2-3, Minatomachi 1-chome, Naniwa-ku, Osaka 556-0017 Japan.
You can contact us via our contact form at https://www.descente.com/pages/contact.

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 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 viewing information about DESCENTE’s brands, products, and services, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by DESCENTE 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 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 in advance. DESCENTE reserves the right to refuse service and/or restrict access to the Site in its discretion, including, without limitation, if DESCENTE believes that user conduct violates applicable laws or is harmful to DESCENTE’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 applicable 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’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.

Security Rules
Violations of system or network security may result in civil or criminal liability. DESCENTE 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:

Accessing data not intended for you or logging on to a DESCENTE server or account that you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
Attempting to interfere or interfering with the operation of the Site, DESCENTE’s provision of services to any other visitors to the Site and DESCENTE’s hosting provider or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site;
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Site.

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
The products displayed on the Site are for informational and promotional purposes only. Although DESCENTE 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 cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed on the Site may not be available in all regions, and may be out of stock, modified, or discontinued at any time without notice. While DESCENTE strives to provide accurate product information, typographical or factual errors may occur, and DESCENTE is not responsible for such errors.

Copyright and Trademarks
All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, “Content”), belong exclusively to DESCENTE or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the “Compilation”) belong exclusively to DESCENTE. All software used on this Site (the “Software”) is the property of DESCENTE or its Software suppliers.
The Content, the Compilation and the Software are all protected by international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of DESCENTE, its suppliers, or third parties. The use of any DESCENTE trademark or service mark without our express written consent is strictly prohibited. You may not use any DESCENTE trademark or service mark in connection with any non-DESCENTE product or service or in any way that is likely to cause confusion, or in any manner that disparages or discredits DESCENTE. You may not use any of the DESCENTE trademarks or service marks in meta tags without our prior explicit consent.

Privacy Policy
Notwithstanding anything else to the contrary contained in this Agreement, DESCENTE’s use of any personally identifiable information (such as your name or email address) 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.

Disclaimer and Limitation of Liability
DESCENTE publishes information on the Site as a convenience to its visitors. While DESCENTE 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 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 in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”
DESCENTE 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 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 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, ITS AFFILIATES OR ANY OF ITS 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 OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, AND EXCEPT TO THE EXTENT DESCENTE'S LIABILITY MAY NOT OTHERWISE BE LIMITED UNDER APPLICABLE LAW, DESCENTE'S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE SHALL NOT EXCEED USD 100. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS DESCENTE'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, AND NOTHING IN THIS AGREEMENT AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER UNDER THE LAW OF YOUR COUNTRY OF RESIDENCE.

Indemnity
You agree to defend, indemnify and hold DESCENTE, LTD., and its 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, controversy, or difference within 30 days after such dispute occurs, they agree to submit such dispute, controversy, or difference to the Japan Commercial Arbitration Association in Tokyo, Japan for arbitration, which shall be conducted in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association 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 Japan, without giving effect to any conflict of law provisions thereof.
If you are a consumer habitually resident in the European Union, the United Kingdom, Switzerland or another jurisdiction that grants you mandatory consumer protections, nothing in this Agreement, including the Arbitration clause and this Governing Law clause, deprives you of the protections afforded to you by the mandatory laws of your country of residence, and nothing prevents you from bringing proceedings before the competent courts of your country of residence to the extent required by such mandatory laws.

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.

Severability
If any provision of this Agreement (including the liability cap set out above) is held by a court or other competent authority of any jurisdiction to be void, invalid, unenforceable or unreasonable, it shall be severed and the remainder of that provision and of this Agreement shall continue in full force and effect as if the offending provision had not been included, and the enforceability of that provision in any other jurisdiction shall not be affected.

Links
DESCENTE 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 makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any other websites. DESCENTE 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’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that DESCENTE shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that DESCENTE 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 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 of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.

CONTACT LINE
If you have any inquiries regarding this Site, please visit our designated contact page at https://www.descente.com/pages/contact .