TERMS & CONDITIONS
AGREEMENT BETWEEN USER AND THE CLASSIC CLOTH STUDIO & MANUFACTURING COMPANY
Welcome to The Classic Cloth Studio & Manufacturing Company`s website. The clothbatch.com website (hereafter referred to as the "Site") is comprised of various web pages operated by The Classic Cloth Studio & Manufacturing Company and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The following Terms are Effective as of March 1, 2018.
Visiting clothbatch.com or sending emails to The Classic Cloth Studio & Manufacturing Company constitutes electronic communications. In doing so, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via E-mail and on the Site, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, social media platforms, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including E-mail addresses, without their consent; violate any applicable laws or regulations.
The Classic Cloth Studio & Manufacturing Company has no obligation to monitor the Communication Services. However, The Classic Cloth Studio & Manufacturing Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Classic Cloth Studio & Manufacturing Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Classic Cloth Studio & Manufacturing Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Classic Cloth Studio & Manufacturing Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Classic Cloth Studio & Manufacturing Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Classic Cloth Studio & Manufacturing Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
The Classic Cloth Studio & Manufacturing Company does not claim ownership of the materials you provide to clothbatch.com (including feedback and suggestions) or post, upload, input or submit to any The Classic Cloth™ Studio & Manufacturing Company Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Classic Cloth Studio & Manufacturing Company permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Classic Cloth Studio & Manufacturing Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Classic Cloth Studio & Manufacturing Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Classic Cloth Studio & Manufacturing Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Classic Cloth™ Studio & Manufacturing Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Classic Cloth Studio & Manufacturing Company 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.
You may not assign or transfer these Terms, by operation of law or otherwise, without The Classic Cloth Studio & Manufacturing Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Classic Cloth Studio & Manufacturing Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The Classic Cloth Studio & Manufacturing Company 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 clothbatch.com only with permission of a parent or guardian.
We have made every effort to display as accurately as possible the colors of our products on our Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
We want you to be completely satisfied with your orders. If you’re not, please contact us via E-mail at
LINKS TO THIRD PARTY SITES AND SERVICES
clothbatch.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of The Classic Cloth Studio & Manufacturing Company and The Classic Cloth Studio & Manufacturing Company 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. The Classic Cloth™ Studio & Manufacturing Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Classic Cloth Studio & Manufacturing Company of the site or any association with its operators.
Certain services made available via clothbatch.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the clothbatch.com domain, you hereby acknowledge and consent that The Classic Cloth Studio & Manufacturing Company may share such information and data with any third party with whom The Classic Cloth Studio & Manufacturing Company has a contractual relationship to provide the requested product, service or functionality on behalf of clothbatch.com users and customers.
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 The Classic Cloth Studio & Manufacturing Company 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 without prior written permission from The Classic Cloth Studio & Manufacturing Company. Products available from The Classic Cloth Studio & Manufacturing Company and on clothbatch.com are not intended 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 The Classic Cloth Studio & Manufacturing Company 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 The Classic Cloth Studio & Manufacturing Company or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by The Classic Cloth Studio & Manufacturing Company from our office in Tokyo, Japan. If you access the Service from a location outside of Japan, you are responsible for compliance with all local laws. You agree that you will not use The Classic Cloth Studio & Manufacturing Company`s Content accessed through clothbatch.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The Classic Cloth Studio & Manufacturing Company, 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. The Classic Cloth Studio & Manufacturing Company 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 The Classic Cloth™ Studio & Manufacturing Company in asserting any available defenses.
These Terms are governed by and will be construed under the laws of Japan, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled through the Japanese Court System, in accordance with the Commercial Arbitration Rules and Procedures of the Japan Commercial Arbitration Association (JCAA). Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Ward/District or Federal courts located in, Tokyo, Japan. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Classic Cloth Studio & Manufacturing Company as a result of this agreement or use of the Site. The Classic Cloth Studio & Manufacturing Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Classic Cloth Studio & Manufacturing Company’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 The Classic Cloth Studio & Manufacturing Company 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 The Classic Cloth Studio & Manufacturing Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Classic Cloth Studio & Manufacturing Company 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 both English and Japanese.
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. The Classic Cloth Studio & Manufacturing Company and/or its suppliers may make improvements and/or changes in the site at any time.
The Classic Cloth Studio & Manufacturing Company 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. The Classic Cloth Studio & Manufacturing Company 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.
CHANGE OF TERMS
The Classic Cloth Studio & Manufacturing Company reserves the right, in its sole discretion, to change the Terms under which clothbatch.com is offered. The most current version of the Terms will supersede all previous versions. The Classic Cloth Studio & Manufacturing Company encourages you to periodically review the Terms to stay informed of our updates.
We welcome your questions, comments, or concerns regarding the Terms:
The Classic Cloth Studio & Manufacturing Company, LLC.
Effective as of March 1, 2018.