Last revised: January , 2017
Notice: PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
You and Us
Welcome! We are Soca in Japan, LLC, a Pennsylvania limited liability company (“Soca in Japan”, “we”, “us” and “our”). We provide the website at www.socainjapan.com (the “Site”) and underlying services (collectively, the “Service”).
Any information, pricing, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service are collectively referred to as “Content”. Subject to your compliance with these Terms, Soca in Japan or its Content providers grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make personal and non-commercial use of the Content and Service. This license does not include any resale or commercial use of the Content or Service; any collection and use of any product listings, descriptions, or prices; any derivative use of the Content or Service; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Soca in Japan or its licensors, suppliers, publishers, or other Content providers. No part of the Content or Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Soca in Japan. The licenses granted by Soca in Japan terminate if you do not comply with these Terms.
The Content on the Service is owned by us (“Soca in Japan Content”) and by other people and entities (“Third Party Content”). You may use the Soca in Japan Content and Third Party Content while you are a user of the Service. You may not share any Content with any other person, service or entity without the prior written permission of the owner of that Content (e.g., obtain the prior written permission of the other user to re-post its User Content).
We own the Soca in Japan Content and the Service. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Service or the Soca in Japan Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Service or the Soca in Japan Content.
Site Access. You may not download or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
User “Do’s” and “Don’t’s”
As a condition to your right to access and use the Service, you agree to these Terms and to strictly observe the following Do’s and Don’t’s.
Do the following:
Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.
Do provide accurate information to us and update it as necessary.
Do review and comply with notices sent by us concerning the Service.
Don’t do the following:
Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Service or the Soca in Japan Content, or any part thereof.
Don’t include information in your registration data or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address that is confidential in nature.
Don’t use information, content or any data you view or obtain from our Service to provide any service that is competitive with our Service.
Don’t imply or state, directly or indirectly, that you are affiliated with or endorsed by Soca in Japan, unless you have entered into a written agreement with Soca in Japan that expressly permits you to say that.
Don’t adapt, modify or create derivative works based on any part of the Service or the technology underlying the Service.
Don’t rent, lease, loan, trade, sell or re-sell access to the Service or any Content or any data on the Service.
Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Service.
Don’t use bots or other automated methods to add or download Content, or send or redirect messages or other permitted activities other than through Soca in Japan-sanctioned tools.
Don’t access the Service for purposes of monitoring its availability, performance or functionality, or for any competitive purpose.
Don’t engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Service.
Don’t access the Service by any means other than through the interfaces provided by Soca in Japan.
Don’t override any security component included in or underlying the Service.
Don’t engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to, unsolicited communications to other users or Soca in Japan personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Don’t remove any copyright, trademark or other proprietary rights notices contained in or on the Service, including any of our notices or notices of our licensors, or any notices of any other users.
Don’t remove, cover or otherwise obscure any form of advertisement included on the Service.
Don’t collect, use or transfer any information, including any Personal Information, obtained from the Service, except as expressly permitted in the Terms or as the owner of the information may expressly permit in writing.
Don’t interfere with or disrupt the Service, including but not limited to any servers or networks connected to the Service.
Don’t infringe or use the Service’s or Soca in Japan’s brands, logos, trademarks or service marks, including, without limitation in any business name, email, or URL.
Don’t access, tamper with, or use non-public areas of the Service, Soca in Japan’s computer systems, or the technical delivery systems of Soca in Japan’s providers.
Don’t forge any Transmission Control Protocol/Internet Protocol (“TCP/IP”) packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information.
Don’t upload, post, email, transmit or otherwise make available or initiate any communication, Content or data that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresents your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
Adds to a data field any information that is not intended for such field (i.e., submitting a telephone number in the “title” or any field other than a field requesting a telephone number).
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships, including without limitation any insider information, proprietary information or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
Infringes or misappropriates any patents, trademarks, trade secrets, copyrights or other rights.
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy, erase or limit the functionality of any computer software or hardware or telecommunications equipment.
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication.
How Old are You?
You must be at least 13 years old to use the Service. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
If you are 12 years old or younger, please ask your parent or guardian (“Parent”) to open and operate an account with us.
If a child under the age of 13 registers with us or provides any Content to us, the child’s Parent may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the child’s account and delete any Content provided by the child.
To use Soca in Japan, you may register an account using your email address. Please take precautions to protect your password and contact us at firstname.lastname@example.org if you believe your account has been accessed by an unauthorized person.
In order to use certain features of the Service (e.g., purchasing products and services (referred to collectively as “Products” herein)), you may be required to register for an account with Soca in Japan (“User Account”) and provide certain information about yourself as prompted by the Service registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation or the terms of this Agreement. You may de-activate your User Account at any time, for any reason, by notifying Soca in Japan at email@example.com.
You are responsible for safeguarding the confidentiality of the information and password that you use to access the Service and for any activities or actions under your user name and password. Therefore, you must not share or disclose your password with anyone. You should use a “strong” password, e.g., a password that is not a dictionary term or other word, and combines numbers, upper case letters, lower case letters, and non-alphanumeric characters. You acknowledge that passwords may be compromised no matter how strong the password. Soca in Japan is not liable for any loss or damage arising from any third party accessing or using your account without your permission, regardless of how the third party accesses your account.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Soca in Japan reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products offered through the Service are subject to change without notice. Errors will be corrected when discovered and Soca in Japan reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Service. Soca in Japan reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Soca in Japan’s sole discretion.
Terms of Sale
By placing an order you are offering to purchase a Product on and subject to these terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
All Products or services listed on the Site are subject to change, as is Product information, pricing, and availability. We reserve the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that Soca in Japan will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order, to decline or cancel your order, whether or not the order has been confirmed or your credit card or PayPal account charged. If your credit card or PayPal account has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped. Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancellation (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
Pricing and Availability. While we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the total cost.
Payment . For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable Taxes (defined below). We (or our processor) will bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Soca in Japan’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”). All payments are non-refundable (except as otherwise expressly set forth herein).
PayPal purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order. This section does not alter or amend any other sections of these Terms.
Due to the nature of these tour, all deposits are non-refundable after 24 hours. There will be no exceptions. In the event the complete tour is canceled, all deposits will be refunded. Some events planned in this tour are provided by a third-party. In the event a third party cancels an event, Soca in Japan will take guest to an alternative event.
Links to Third Parties
There may be links from the Service, or from communications you receive from the Service, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the Service. As noted elsewhere in these Terms, the Service includes Content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party website or feature, including third-party payment processing or applications that connect the Service or your profile on the Service with a third-party website or feature.
Soca in Japan respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please review the DMCA to ensure your compliance before you send us any request to remove allegedly-infringing Content (“Takedown Notice”). Each Takedown Notice must be in English and include the following information:
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
Your contact information, including your postal address, telephone number, and an email address.
A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
On our receipt of a Takedown Notice, we may publish the Takedown Notice, or provide a copy of the Takedown Notice to the user that uploaded or provided the Content. For any Takedown Notice that is subject to the provisions of the DMCA, the original provider of the Content may have the right to send a notice to us (“Counter Notice”) demanding that the Content be restored to the Service.
In compliance with the DMCA or other applicable law, we may implement any Takedown Notice by removing the accused Content or other material from public view on the Service, and we may implement any Counter Notice by restoring the accused Content or other material to public view on the Service.
Regardless of the DMCA or other applicable laws or regulations, we reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, Soca in Japan will also terminate a user’s account if we determine the user to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
Soca in Japan, LLC
Third Party Intellectual Property
Soca in Japan uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Site are the property of their respective owners (“Third Party IP”).
Disclaimer of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON THE SERVICE, OR ANY CONTENT OR INFORMATION ON OR IN THE SERVICE. WE PROVIDE THE SERVICE AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SOCA IN JAPAN OR ANYTHING RELATED TO THE SERVICE, YOU MAY CLOSE YOUR ACCOUNT AND STOP USING THE SERVICE, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
WE DO NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICE, INCLUDING THE SOCA IN JAPAN WEBSITE OR APPLICATION, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
You may terminate your Soca in Japan account for any reason or no reason, and at any time. To terminate your Soca in Japan account, contact us at firstname.lastname@example.org. Termination of your account will be effective upon our processing of the notice we received from you.
We may terminate your Soca in Japan account and the Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in the notice.
We may restrict, suspend or terminate the account of any user who abuses or misuses the Service. Misuse includes, among other things, registering under more than one identity, using the Service commercially without our authorization, infringing any intellectual property rights, using any functionality, feature or capability of the Service to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of the Service.
Upon the termination of your Soca in Japan account, you lose access to the Service. In addition, we may block access to the Service from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination.
You and each Organization agree to defend, indemnify and hold Soca in Japan harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your access to or use of the Service; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as reasonably required by Soca in Japan in the defense of any claim. Soca in Japan reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Soca in Japan without the prior written consent of Soca in Japan.
Limitation of Liability
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither SOCA IN JAPAN nor any of our subsidiaries, affiliated companies, officers, employees, members, or directors (“SOCA IN JAPAN Affiliates”) shall be liable for any damages in excess of the fees, if any, you paid SOCA IN JAPAN during the calendar year in which such event is claimed to have occurred, or USD $100, whichever amount is greater.
Neither SOCA IN JAPAN nor any SOCA IN JAPAN Affiliates shall be liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person.. This limitation of liability shall apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided IN these Terms fail of their essential purpose.
Governing Law and Arbitration
These Terms and any action related thereto will be governed by the law of the Commonwealth of Pennsylvania, and the federal laws of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, their performance, or the Service shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Proceedings will be conducted on an individual basis. Neither you nor Soca in Japan will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another proceeding without the prior written consent of all parties to the arbitration or proceeding. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and will be administered by the AAA pursuant to its Supplementary Rules for Class Arbitrations, with the remaining parts proceeding in individual arbitration.
Severability: If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Contact Us: You may contact us via email at email@example.com
Amendments to these Terms: We reserve the right to modify, supplement or replace these Terms, effective upon no less than thirty (30) days prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect thirty (30) days after we post them on our website at www.socainjapan.com. Your use of the Service thirty days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Service, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Service. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.
No Informal Waivers, Agreements or Representations: Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by Soca in Japan or any Soca in Japan Affiliate shall be deemed legally binding on Soca in Japan or any Soca in Japan Affiliate, unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms, and that an authorized officer of Soca in Japan has executed physically or electronically.