Welcome to the ORISHIBORI website, orishibori.com (the “Site”) owned and operated by ORISHIBORI and its affiliates. Except as otherwise noted herein, these terms and conditions ("the Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. ORISHIBORI reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. ORISHIBORI provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, is property of ORISHIBORI or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of ORISHIBORI. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site.
PRODUCTS AND PRICING
Even though ORISHIBORI has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and ORISHIBORI cannot guarantee that the user's monitor will accurately portray the actual colors of the products. In addition, dye lots vary, hence slight variations are normal and to be expected.
Products displayed may be out-of-stock or discontinued, and prices are subject to change. ORISHIBORI is not responsible for typographical errors regarding price or any other matter.
PROPRIETORY RIGHTS
As between you and ORISHIBORI (or any other company whose marks appear on the Site), ORISHIBORI (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The ORISHIBORI’ logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, and/or other intellectual property in such materials are owned by ORISHIBORI and may be registered in the United States and internationally. You agree not to display or use the ORISHIBORI’ Intellectual Property in any manner without ORISHIBORI’ prior permission.
Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by ORISHIBORI. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
PRIVACY POLICY AND USER INFORMATION
At ORISHIBORI, we respect your privacy, and will make every effort to protect it. We do not share information, and any information we request will be for service or products that you have requested. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
If you respond to ORISHIBORI with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall NOT be deemed confidential. All such submissions shall be deemed the property of ORISHIBORI, and your submission of information shall constitute an irrevocable assignment to ORISHIBORI of all worldwide rights, titles and interests in and to such information. ORISHIBORI will not be liable for any use or disclosure of such information. ORISHIBORI will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. ORISHIBORI will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
DISCLAIMERS AND LIMITATION OF LIABILITY
ORISHIBORI publishes information on its Site as a convenience to its visitors. While ORISHIBORI 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 ORISHIBORI products described in the Site may not be available in your region. ORISHIBORI does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.
INDEMNITY
You agree to defend, indemnify and hold ORISHIBORI, its 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 Terms 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.
GENERAL INFORMATION
These Terms constitute the entire agreement between you and ORISHIBORI and govern your use of the Site, and they supersede any prior agreements between you and ORISHIBORI. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. ORISHIBORI may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in ORISHIBORI’ sole discretion you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between ORISHIBORI and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to ORISHIBORI or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of ORISHIBORI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under these Terms shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York.
You may not assign the Terms or any of your rights or obligations under the Terms without ORISHIBORI’ express written consent. The Terms inure to the benefit of ORISHIBORI’ successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Us page.
Last Updated September 3, 2013
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