Terms of Use

Last updated: July, 2019

Welcome to www.ottoandsons.jp. The following terms and conditions (“Terms of Use”) govern your access to and use of this site (“Site”).

Your Consent

Please review these Terms of Use carefully. By accessing or using the Site, you accept and agree to comply with and be bound by these Terms of Use. If you do not agree, you must not access or use the Site.  We reserve the right to change these Terms of Use at any time and without prior notice. The modified Terms of Use will be effective immediately upon posting and will be notified to you via the method separately designated by us. Your continued use of the Site after such notification constitutes your consent to the modified Terms of Use.

Content/Materials Ownership

All rights, title and interests in the Site, including the software and code that operate the Site and the content/materials provided through the Site, are owned by us, our licensors or other providers of such content/materials. In addition to the Restrictions on Use set forth below, you may not permit others to copy, distribute, republish, prepare derivative works based on, exploit or use any part of the content/materials on the Site, without our prior written consent, EXCEPT for your internal business use or for your own personal, non-commercial use and provided that you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from the content/materials you download. The materials on the Site and the Site itself are provided for lawful purposes/uses only. Nothing in these Terms of Use shall be construed as transferring any right, title or interest in the Site or its content/materials to you or anyone else.

Limitation of Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE AND THE CONTENT/MATERIALS CONTAINED THEREON, EVEN IF THERE IS NEGLIGENCE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, OR BOTH. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY CONTENT/MATERIALS THEREON IS TO DISCONTINUE YOUR USE OF THE SITE OR SUCH CONTENT/MATERIALS. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THESE SITE.

Disclaimer of Warranties

THE SITE AND THE CONTENT/MATERIALS THEREON ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USE OF OR THE RESULTS FROM THE USE OF THE SITE AND THE CONTENT/MATERIALS THEREON IN TERMS OF THEIR COMPLETENESS, SECURITY, QUALITY, ACCURACY, RELIABILITY, OR OTHERWISE IS AT YOUR SOLE RISK. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ANY AND ALL NECESSARY SERVICING, REPAIRS OR CORRECTIONS RESULTING THEREFROM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Termination

We reserve the right to discontinue the Site at any time without prior notice. Further, we reserve the right to terminate your access to the Site at any time without prior notice and for any reason, including, without limitation, if we, in our sole discretion, consider your use to be unacceptable or a breach of these Terms of Use.

Restrictions on Use

You agree not to do any of the following while using the Site:

  1. post, send, upload, distribute, submit or otherwise make available any content/materials that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of us), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
  2. transmit, post, send, upload, distribute, submit or otherwise make available any content/materials that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
  3. transmit, post, send, upload, distribute, submit or otherwise make available any viruses, Trojan horses or other harmful, disruptive or destructive files or material that interferes with any third party’s uninterrupted use and enjoyment of the Site
  4. impersonate any person or entity, or otherwise disguise the origin of any content/materials transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
  5. transmit, post, send, upload, distribute, submit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas, if any, specifically designated for such purposes;
  6. collect or harvest the information of any user or otherwise access the Site using automated means (including but not limited to harvesting bots, robots, spiders or scrapers); or  
  7. violate any applicable local, state, federal or international law, rule or regulation.

Links to Third Party Sites

The Site may contain links to third-party owned or operated web sites. We do not control, examine or evaluate any part of such third-party web sites, including, without limitation, any goods or services sold or promotions offered on such sites. The inclusion of any links to such sites does not necessarily imply an endorsement by us of such sites or anything referred to on or in connection therewith. You acknowledge and agree that you assume the risk of accessing any such linked web sites and we are not responsible or liable for any content/materials on any such web sites.

Linking to the Site

You may link to the Site, provided that you follow these guidelines: You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of us. The link to the Site must not damage, dilute or tarnish the goodwill associated with any names and/or intellectual property, nor may the link create the false appearance that your web sites and/or organization is sponsored, endorsed by, affiliated and/or associated with us. You may not “frame” the Site or alter its intellectual property or content/materials in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, contains expressions of racism that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by us in our sole discretion. We reserve the right, in our sole discretion, to terminate a link to the Site for any reason or no reason at all, including without limitation any web sites that we deem to be inappropriate or inconsistent with or antithetical to this Site and/or these Terms of Use.

Membership & Registration

Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content/materials. Our Privacy Policy describes how we protect your privacy when you use the Site and is part of and is hereby incorporated into these Terms of Use. To review our Privacy Policy, click here. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content/materials or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information. If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

Submissions

Any solicited or unsolicited ideas, graphics, messages, remarks, suggestions, or other non-personally-identifiable information communicated to us on or through the Site (each a “Submission” and collectively, “Submissions”) will be considered non-confidential and non-proprietary. We will have exclusive ownership of all current and future rights, of every kind and nature everywhere, in and to each Submission. We may use such Submissions for any commercial or other purposes whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you, not we, are solely responsible for whatever material you submit, including its legality, reliability, accuracy, appropriateness, originality, and copyright. You also represent that such Submission is original with you, and does not infringe upon or violate the rights of any third person, including without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.

Copyrights and Compliance Representative

We respect the intellectual property of others and we ask our users to do the same. We have designated a compliance representative to receive notice of claims of copyright infringement on the Site. ‘Our compliance representative may be reached at OSIComplianceGroup@osigroup.com. If you believe that any content/materials on the Site infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide our compliance representative the following information in writing:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. The exact URL or a description reasonably sufficient to permit to locate where the alleged infringing material is located on the Site;
  4. Your name, address, telephone number and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

Indemnification

By using this Site you agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys’ fees and court costs) and liabilities arising out of or in connection with any violation by you of these Terms of Use, or any misrepresentation made by you; and/or our use of your information. You will cooperate as fully and as reasonably required in our defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.

Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of Japan, notwithstanding its conflict of law rules. You expressly agree that all claims, disputes, controversies or differences arising out of or in connection with these Terms of Use or your use of the Site, shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association (JCAA). The place of the arbitration shall be Tokyo, Japan, and you further expressly agree to submit to the personal jurisdiction of the JCAA for the purpose of processing any such claim or action. If you access or use the Site from a location outside of Japan, you must do so in compliance with any local laws, for which we make no guarantee. Any software that you may download from the Site may be subject to export restrictions imposed by the People’s Republic of China.

Severability

If any part of these Terms of Use is unlawful, void, invalid or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. Evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.