These are the terms of use ("Terms of Use") for your use of services or features on the sites owned and controlled by Digital Studio Co., Ltd ("Digital Studio"), including shop.discovery-japan.me, (the "Sites"). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.
We may interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/DiscoveryJapan00, ("Third Party Sites"). Our Terms of Use and other areas of our Sites provide guidelines ("Guidelines") and rules and regulations ("Rules") in connection with our Interactive Services, including services that involve Third Party Sites, but Digital Studio does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Digital Studio does not own or control, or to the actions of people that Digital Studio does not employ or manage. You should always check the terms of use posted on Third Party Sites.
By using the Sites, you signify your agreement to these Terms of Use, our Privacy Policy and our Guidelines and Rules, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.
Digital Studio reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Digital Studio decides to change these Terms of Use, Digital Studio will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
1. Copyright
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2014 Digital Studio Co., Ltd, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Digital Studio and protected by Japan and international copyright laws. All software used on the Sites is the property of Digital Studio or its software suppliers and is protected by Japan and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Digital Studio, using the Interactive Services or using the Sites as a shopping resource. Any other use of materials on the Sites - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Digital Studio is strictly prohibited.
2. Trademarks
shop.discovery-japan.me, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Digital Studio and may not be used in connection with any product or service that is not offered by Digital Studio in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Digital Studio. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
3. Product Information
The products displayed on the Sites can be ordered and delivered only within selected countries in Asia. Digital Studio products displayed on the Sites may be available in the Digital Studio retail store in Japan. All prices displayed on the Sites are quoted in Japanese Yen and are valid and effective within selected countries in Asia. If any minor uses any goods or product from Digital Studio it should be only after the legal or parental guardian has discussed the product with the minor's doctor. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Digital Studio.
All material and information presented by Digital Studio is intended to be used for personal educational or informational purposes only. The statements made about products have not been evaluated by any laboratory accredited by the Japan Accreditation Services and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice: these Sites are solely online stores for specialty beauty products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Digital Studio does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Digital Studio does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 999 OR YOUR PHYSICIAN IMMEDIATELY.
The products available on the Sites and the Interactive Services, including any samples Digital Studio may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Digital Studio. Digital Studio reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Digital Studio in its sole discretion.
3-1.Product Descriptions
Digital Studio endeavors to maintain accuracy of information in as much as possible. However, Discovery Japan does not guarantee the accuracy, completeness, or reliability of product descriptions or any other content published on the Site, or that they are the most up-to-date and contain no mistakes. If a product purchased on Digital Studio is found to be not as described, customers are requested to return said product in an unused condition. Refunds are the only mitigation available from the Site if product descriptions are found to be inaccurate.
3-2.Product Prices
Unless otherwise stated, the amounts displayed on the price field on the Site are the prices that are widely announced by manufacturers, etc. to consumers (known generally as the manufacturers’ suggested retail price, which are displayed on product packaging, catalogs, etc.), or the prices that are widely announced to retailers (known generally as the suggested retail price, etc.). The price field displays the sale price of the products available on the Site. The prices shown on the Site for products sold by sellers other than Digital Studio may be based on information supplied by those sellers.
The Site generally displays two prices per product. If one of them has been crossed out, the crossed-out amount is the suggested retail price and the other one is the actual product price. If there is only one price shown, that price constitutes the actual product price.
The Site does its utmost best to display accurate product information. If a product is displayed with an incorrect price, price adjustments shall be made as follows:
If the product's correct price is lower than the price displayed on the Site, customers shall be charged the lower price.
If the product's correct price is higher than the price displayed on the Site, Digital Studio shall inform the customer to this effect, at its own discretion, before dispatching their order. The customer shall then be asked to indicate whether they wish for the product to be shipped based on the new price, or whether they wish to cancel the order.
Please note that the above policy applies only to products sold by Digital Studio. Third parties that sell products on the Site may make price adjustments based on different policies.
4.Color Information
While Digital Studio has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Responsibility for your Content
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, "Content"). We will not accept Content from you unless you are a registered user of the Sites.
5.Your Use of Content on the Sites and Limitation of Liability
Digital Studio provides the Sites and the Interactive Services and all other applications and services on the Sites as a forum only. Digital Studio is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Interactive Services. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Interactive Services, is not controlled by Digital Studio. Digital Studio cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Interactive Services, you may be exposed to Content that may be offensive, indecent or objectionable and Digital Studio shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Digital Studio be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Interactive Services.
You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. Digital Studio reserves all rights not expressly granted in and to the Content. When using the Interactive Services, you may not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
6.Your Content Submissions
By submitting Content to Digital Studio, you represent and warrant that:
You understand you are participating in a public forum and that your Content will be available to all other users of the Sites, the Interactive Services and potentially Third Party Sites;
You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and authorize Digital Studio to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
All "moral rights" that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
7.All Content that you post is accurate;
You are at least 18 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and agree to these Terms of Use; and that " use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You also represent and warrant that any Content you submit:
Is not false, inaccurate or misleading;
8.Applicability of these Terms and Conditions
When a customer places an order on the Site, an electronic communication titled "Order Confirmation" is sent from the Site, confirming receipt of the order and providing detailed information about the purchased products. A product order represents a customer's request to sign up to these Terms and Conditions with regard to the purchase of those products. Regardless of the payment method or delivery option chosen, when a customer places an order for products sold by Digital Studio, the customer's request to sign up to these Terms and Conditions shall be approved, and hence these Terms and Conditions shall be applicable, from the moment.
9.Returns and Refunds
The relevant department shall process refunds for any return requests made by customers. The time required to complete the refund process, from the time that the products are received, will vary depending on the workload of the team dealing with returns, as well as the payment method originally chosen to pay for the order. Please see our information on refunds for more details. Once the refund process is complete, customers shall be informed to this effect via electronic communication. However, no interest shall be paid in relation to the amount refunded by Digital Studio.
10. Ownership Transfer and Risk of Loss of Products
Regardless of the payment method or delivery option chosen, ownership of all products purchased on Digital Studio shall be transferred to the customer when the products are handed over to the delivery company. If products are lost before arriving at their destination, due to the delivery company acting negligently or in bad faith, the Site shall not be responsible for such loss.
11.Does not harm minors;
Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
Is not submitted for compensation or other consideration from any third party; " does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
Is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; and Does not contain any computer viruses, worms or other potentially damaging computer programs or files.
Digital Studio does not endorse any Content or any opinion, recommendation or advice expressed therein, and Digital Studio disclaims all liability with respect to the Content.
If your Content includes ideas, suggestions, documents or proposals to Digital Studio through the Interactive Services, (a) such Content is not confidential or proprietary and Digital Studio has no obligation of confidentiality, express or implied, with respect thereto; (b) Digital Studio may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Digital Studio under any circumstances unless you are otherwise notified by Digital Studio in writing.
For any Content that you submit, you grant Digital Studio a worldwide, perpetual, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This license will survive the termination of these Terms of Use and your use of the Site.
12.Guidelines for Interactive Services
The feedback of our customers is important to us. We want to know what you think of the products you've tried, bought, know and love and we encourage you to use our Interactive Services. When writing a review for our products, please consider the following guidelines:
Focus on the product and your individual experience using it Provide details about why you like or dislike a product; and All submitted reviews, comments and questions are read by our moderators and are subject to these Terms of Use.
You may not use our Interactive Services to impersonate any person or entity, including, without limitation, any Digital Studio official, forum leader, guide or host, or to falsely state or otherwise misrepresent your affiliation with a person or entity. You may not use the Interactive Services to collect or store personal data about other users.
As noted above, Digital Studio reserves the right to not post a review or to withdraw a posted review for any reason. Your review will be excluded if it violates Guidelines or the provisions in these Terms of Use regarding submission of Content generally.
13.Third Party Content and Third Party Sites
Digital Studio may provide content of third parties ("Third Party Content") or links to Third Party Sites as a service to those interested in this information. Digital Studio does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Digital Studio and such third party. Digital Studio does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Digital Studio is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Digital Studio through the Interactive Services, do not necessarily reflect the views of Digital Studio.
14.Mobile Services
If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
15.Modification of Content
All Content that you submit is not confidential and may be used at Digital Studio's sole discretion. Digital Studio may or may not pre-screen Content. However, Digital Studio and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Digital Studio and its designees will have the right to remove any Content that Digital Studio deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use or is otherwise objectionable. Digital Studio does not guarantee that you will have any recourse through Digital Studio to edit or delete any Content you have submitted. Digital Studio reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Digital Studio reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Digital Studio, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Digital Studio, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
16.Reservation of Rights
Digital Studio reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. Digital Studio may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Digital Studio (and its employees), its users and the public.
17.Disclaimer
Digital Studio, and all information, content, materials, products, and any services that can be used by customers through Digital Studio and the Site, are provided by Digital Studio on an "as is" and "as available" basis, unless otherwise specified in writing. Digital Studio provides no declarations or guarantees whatsoever, express or implied, as to the operation of Digital Studio, or the information, content, materials, or products published on the Site or Digital Studio, unless otherwise specified in writing. Customers are deemed to have agreed explicitly to use of the Site and Digital Studio at their own risk.
To the full extent permissible by the applicable laws, Digital Studio provides absolutely no guarantees whatsoever, express or implied, including, but not limited, to implied warranties of merchantability and fitness for a particular purpose. Digital Studio does not guarantee that Digital Studio, or any information, content, materials, products, or services included in or otherwise made available through Digital Studio or other services, its servers, or electronic communications sent by Digital Studio, are free of viruses or other harmful components. Digital Studio shall not be liable for any damages whatsoever arising from the use of Digital Studio, including, but not limited to direct, indirect, incidental, punitive, or consequential damages. Discovery Japan shall be responsible for personal or physical losses or damages caused to customers by products sold through Digital Studio up to the full cost of the products purchased, only if Digital Studio is found to have been negligent.
However, some jurisdictional laws do not allow exclusions or limitations on implied warranties or certain types of damages. If these laws were to apply to a customer, some or all of the above disclaimers, exclusions, or limitations may not be applicable to the customer, and the customer may also have additional rights.
18.Indemnification
You agree to defend, indemnify and hold harmless Digital Studio (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Sites and the Interactive Services; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Sites and the Interactive Services.
19.Applicable Law
The Sites and Interactive Services are created and controlled by Digital Studio in Japan. As such, the laws of Japan will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Digital Studio reserves the right to make changes to its Web site and these Terms of Use at any time.
Our Address
Digital Studio Co., Ltd
Roppongi East BLD 7F
3-16-35 Ropponngi
Minatoku Tokyo, Japan 106-0032
20.Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
21.General
Any claim or dispute between you and Digital Studio that arises in whole or in part from the Sites or the Interactive Services shall be decided exclusively by a court of competent jurisdiction located in Japan. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Digital Studio's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND Digital Studio AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.