Welcome to the Site (“we,” “us,” or “our”) website (the “Site”). Takuya Duncan provides this site as a service to its customers. Use and access of our website is subject to these terms and conditions of use (the “Terms”) as well as our Privacy Policy. By accessing, viewing or otherwise using our website you are agreeing to the Terms. PLEASE READ THESE TERMS CAREFULLY AND IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

This Site is owned by and under the control of Takuya Duncan, LLC (trade name "Takuya Duncan”). Access to and use of our website and all of the Site's content, services, articles, postings are subject to these Terms and all applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, the Site may without advance notice: (a) supplement or make changes to these Terms and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of the Site’s system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in our website or any the Site database, material, service or system. Any updates to these Terms shall be posted on our website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. The Site reserves the right to terminate access to our website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or those of its customers. Any access or attempt to access or use our website for any unauthorized or illegal purpose is strictly prohibited.

ERRORS AND INACCURACIES

Takuya Duncan makes very effort to ensure that the information posted on the Site is accurate; however, errors, both human and technological, do occur from time to time. We reserve the right to update any information at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies.

Takuya Duncan cannot guarantee that your computer settings and/or mobile device will display accurate images of the products, particularly textures and colors.  Feel free to contact us if you have questions about our products. 

ELIGIBILTY

Registration: The Site's services are intended for, and may only be used by, people who are at least 18 years or older. By registering on our website you represent and warrant that you are at least 18 years old, that all registration information you provide is truthful, accurate and complete. You may not register or otherwise select or use a User ID of another person with the intent of impersonating that person or which would otherwise cause confusion of the users of our website. You must keep your account information current and accurate at all times, including a valid email address. You are responsible for all activity undertaken under your username and password. The Site is not liable for any loss or damage arising from any unauthorized activity under your account. You must keep your password secure and are advised to change it from time to time. You agree to immediately notify the Site of any unauthorized use of your account.

Passwords: You are responsible for all activity undertaken under your username and password. The Site is not liable for any loss or damage arising from any unauthorized activity under your account. You must keep your password secure and are advised to change it from time to time. You agree to immediately notify the Site of any unauthorized use of your account.

Transfer: You may not sell, assign or otherwise transfer your the Site account or User ID to any other party. If you are registering as a business or other legal entity (and not as an individual person), you personally guarantee that you have the authority to bind the entity to these Terms.

TRADEMARKS

Except as otherwise identified, the trademarks, Takuya Duncan, Takuya Duncan East Hampton including names, logos, slogans and service marks appearing at our website, whether registered or unregistered, are the property of the Site or the Site's affiliates. Such marks are not to be copied, reproduced, published or in any way used without our written permission or the identified owner of the trademark. Except as otherwise identified, the copyright in the content of our website including but not limited to text, artwork, video clips, photographs, is owned by the Site. No part of our website may be published, stored or transmitted in any form or means without our express written permission. You may download a single copy of the content displayed on our website solely for your non-commercial, personal use, provided that it retains all copyright and other proprietary notices contained in the content. . All content on the website is a collective work under the United States and other copyright laws and is the property of Takuya Duncan.

Except as otherwise described herein, you shall have no right or license to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, which we may withhold in our sole and absolute discretion.

Takuya Duncan reserves all rights not expressly granted in and to the Site and its content.

USAGE POLICY

Comments you post: Takuya Duncan strives to create an engaging Site with its customers and welcomes comments in the form, but not limited to feedback, remarks, product ideas and suggestions on or by our Site and related social media shall be and remain Takuya Duncan’s property. Users assign all property rights and interests to Takuya Duncan and our affiliates allowing our company unlimited worldwide irrevocable, royalty-free, nonexclusive, sublicensable license to use, commercial or otherwise, of any comments in any form or derivative works. Furthermore, Takuya Duncan shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments or ideas; or (3) to respond to any user comments. We may remove any content you submit at any time for any reason.

You are solely responsible for your conduct and activities on our Site (and all our related social media channels i.e. Instagram, Facebook, Pinterest etc.) and any and all content that you submit, post, and display on our Site. While using our Site, you will not:

  • misrepresent yourself or the origin of any content you submit via the Site.
  • violate any laws, third party rights or our policies, such as these Terms or the Privacy Policy;
  • post false, inaccurate, misleading, defamatory, libelous or obscene content or child pornography, or involve the sale of illegal, counterfeit or stolen Items.
  • Upload any information that may contain any malicious software, for example viruses, malware, destructive code etc.

Further, without our prior written consent, which consent may be given or withheld in our sole discretion, you may not: 

  • resell, sublicense, rent, lease or otherwise publicly distribute any Site information, services or database, or any part or parts thereof or information contained on our website, or any access thereto;
  • use your access to our website or our information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations;
  • use our website or our information, services, database or system which you access in violation of, or post any information to any the Site owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity;
  • copy or transfer any the Site information, service, database or documentation, except as permitted by us;

Personal information: that is information submitted to the Site such as name, address and payment details needed to place an order will be handled in accordance with our Privacy Policy.

INTERNATIONAL USE

We control and operate the Site from the United States. Takuya Duncan makes no representation that materials in the website are appropriate or available for use in other locations outside the United States. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

ORDERS

All orders placed through the website are subject to Takuya Duncan’s acceptance. This means that Takuya Duncan may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Takuya Duncan will issue you a refund.

Taxes and Duties: The buyer shall be responsible for paying all sales and use taxes, valued-added taxes, export and import taxes, and duties and all transactional taxes or levies related to the buyer’s purchase of each Item (collectively, “Taxes”). The Site will use reasonable efforts to calculate and collect Taxes due from each sale, however, the failure of the Site to collect any applicable Taxes will not waive any obligation of the buyer to pay such Taxes.

NO WARRANTY; LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SITE AND ALL INFORMATION HEREIN IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, THE SITE DOES NOT WARRANT THAT ANY INFORMATION, ITEM, CONTENT OR OTHER MATERIAL ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY THE SITE SERVICE, DATABASE, MATERIAL OR ANY THIRD PARTY PRODUCTS, SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY THE SITE, OR ANY PART THEREOF, WILL BE ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, ITEMS, PRODUCTS, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. THE SITE MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE ITEMS AND SERVICES PROVIDED BY THE SITE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

You will indemnify and hold us (and our employees, officers, directors, shareholders, agents and representatives) harmless from any claim or demand, including reasonable attorneys' fees due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. You will not hold the Site responsible for other users' content, actions or inactions, OR products listed on our website. IN NO EVENT WILL THE SITE OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES, EXPENSES, LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF OUR WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY THE SITE INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED HEREIN OR THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, ITEM, PRODUCT, CONTENT, OR SERVICE PROVIDED BY THE SITE THROUGH OUR WEBSITE, ANY INFORMATION PROVIDED IN OUR SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF OUR WEBSITE, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER THE SITE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DATA PROTECTION; LICENSE

Privacy Policy: We are committed to maintaining the privacy of your information, pursuant to our Privacy Policy provided on the Site and incorporated herein by reference. Except as otherwise required for your use of our website, the Site does not want you to, and you should not, send any confidential or proprietary information to us via the website or the email addresses referenced on the website. You agree that any information, including but not limited to remarks, suggestions, materials, ideas, graphics or other submissions, communicated to us through our website or materials that you provide to us (other than information required for listing, selling and purchasing Items) will not be considered confidential or proprietary. You further agree not to provide any information or materials to us that is defamatory, threatening, obscene, pornographic, of a sexual nature, violent, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. 

HYPERLINKS

No Hyperlinking. No person may establish Hyperlinks away from the Site without our prior written consent.

Third-party links. The site may contain links to third party websites not under the control of the Site, which may contain information that some people may find offensive or inappropriate. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third party websites. The Site is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. Accordingly, the Site is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in web sites which may be accessible via a Hyperlink to or from this web site or for the Hyperlink itself. Your use of any such third-party websites is subject to the terms of use and privacy policies provided on each of those sites.

No Warranty. If you decide to access linked third party sites, you do so at you own risk. We cannot ensure that you will be satisfied with any products or services that you purchase from a third party site that links to or from our website, since these sites are owned and operated by independent third-parties. The Site has not taken any steps to confirm the accuracy or reliability of any of the information contained in such third party sites. The Site does not make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

SECURITY

You are prohibited from violating or attempting to violate the security of the website and from using the website to violate the security of other third party sites by any method, including, without limitation:

  • accessing data not intended for you or logging into a server or account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization;
  • attempting to interfere with service to any user of the web site, host or network, including, without limitation, via means of submitting a virus to the web site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
  • sending unsolicited e-mail, including promotions and/or advertising of products or services; or
  • forging any the Site header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. 

Violations of system or network security may result in civil or criminal liability. the Site may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the web site who are involved in such violations. 

YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN OUR WEBSITE, ANY THE SITE INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE THE SITE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, THE SITE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM LISTINGS, SALES, PURCHASES OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING OUR WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.

NO WAIVER

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

RELATIONSHIP

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind the Site in any respect whatsoever.

NOTICES

All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

GOVERNING LAW; VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding its laws governing conflicts of laws. The Parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the state and federal courts situated in New York. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this web site. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

ENTIRE AGREEMENT

Except as otherwise provided in this paragraph, the Terms, Privacy Policy, and all other terms and policies referenced herein are the only terms with respect to the subject matter hereof, and no terms and conditions stated in or attached to your communications are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms. Further, additional terms may apply to specific portions or features of the web site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the web site or for any service offered on or through the web site, the latter terms shall control with respect to your use of that portion of the web site or the specific service.

SEVERABILITY

If any part or parts of these Terms are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms affects any statutory rights of consumers that cannot be waived or limited by contract.

RESERVATION OF RIGHTS

Our website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.

If you have any questions regarding this website or its contents, or these Terms, contact us at info@takuyaduncan.com

Last updated: December 25, 2015.