Agreement between user and www.beyblade.com
Welcome to www.beyblade.com. The www.beyblade.com website (the “Site”) is comprised
of various web pages operated by ADK Emotions NY Inc. www.beyblade.com is offered
to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the “Terms”). Your use of www.beyblade.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep
a copy of them for your reference.
www.beyblade.com is a News and Information Site.
This website provides the latest news and contents about BEYBLADE BURST.
Privacy
Your use of www.beyblade.com is subject to www.beyblade.com’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.
Electronic Communications
Visiting or sending emails to www.beyblade.com constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements,
notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications
be in writing.
www.beyblade.com does not knowingly collect, either online or offline,
personal information from persons under the age of thirteen. If you are
under 18, you may use www.beyblade.com only with permission of a parent or
guardian.
Links to third party sites/third party services
www.beyblade.com may contain links to other websites (“Linked Sites”). www.beyblade.com
is not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. www.beyblade.com is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by www.beyblade.com
of the Linked Site or any association with its operators.
Certain services made available via www.beyblade.com are delivered by
third party sites and organizations. By using any product, service or
functionality originating from the www.beyblade.com domain, you hereby
acknowledge and consent that www.beyblade.com may share such information
and data with any third party with whom ADK Emotions NY Inc. has a
contractual relationship to provide the requested product, service or
functionality on behalf of www.beyblade.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to
access and use www.beyblade.com strictly in accordance with these Terms.
As a condition of your use of the Site, you warrant to www.beyblade.com
that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with
any other party’s use and enjoyment of the Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the service, such as text, graphics,
logos, images, as well as the compilation thereof, and any software used
on the Site, is the property of ADK Emotions NY Inc. or its suppliers and
protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright
and other proprietary notices, legends or other restrictions contained in
any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in
the transfer or sale, create derivative works, or in any way exploit any
of the content, in whole or in part, found on the Site. www.beyblade.com
content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your personal use,
and will make no other use of the content without the express written
permission of www.beyblade.com and the copyright owner. You agree that you
do not acquire any ownership rights in any protected content. We do not
grant you any licenses, express or implied, to the intellectual property
of ADK Emotions NY Inc. or our licensors except as expressly authorized by
these Terms.
International Users
The service is controlled, operated and administered by ADK Emotions NY Inc.
from our offices within the USA. If you access the service from a location
outside the USA, you are responsible for compliance with all local laws. You
agree that you will not use the www.beyblade.com content accessed through the
site in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.
Indemnification
You agree to indemnify, defend and hold harmless ADK Emotions NY Inc., its
officers, directors, employees, agents and third parties, for any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees)
relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of
this agreement or your violation of any rights of a third party, or your
violation of any applicable laws, rules or regulations. ADK Emotions NY
Inc. reserves the right, at its own cost, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, in
which event you will fully cooperate with ADK Emotions NY Inc. in
asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WWW.BEYBLADE.COM AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WWW.BEYBLADE.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED
ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
WWW.BEYBLADE.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
WWW.BEYBLADE.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF WWW.BEYBLADE.COM OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
www.beyblade.com reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at any time,
without notice. To the maximum extent permitted by law, this agreement is governed
by the laws of the State of New York and you hereby consent to the exclusive
jurisdiction and venue of courts in New York in all disputes arising out of
or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including,
without limitation, this section.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and ADK Emotions NY Inc. as a result of
this agreement or use of the Site. www.beyblade.com’s performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of www.beyblade.com’s right
to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to
or gathered by www.beyblade.com with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and www.beyblade.com with respect to the Site
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
www.beyblade.com with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.
Changes to Terms
www.beyblade.com reserves the right, in its sole discretion, to change the
Terms under which it is offered. The most current version of the Terms
will supersede all previous versions. www.beyblade.com encourages you to
periodically review the Terms to stay informed of our updates.
Contact Us
www.beyblade.com welcomes your questions or comments regarding the Terms:
Email Address:
info@beybladedev.com
Effective as of September 10, 2016