Terms and Conditions
Takasan Terms & Conditions
Last Updated 12/14/2020
The following terms and conditions (“Terms”) constitute a binding agreement between you and Taka Hospitality LLC dba Takasan, its affiliates, and its and their parent and subsidiary companies (collectively, “Takasan” “we,” or “us”) with respect to your use of this website and any other Takasan owned websites, micro-sites, subdomains, social media pages and accounts, all mobile versions and any associated applications and services (collectively, the “Takasan Sites”), and the services available on such platforms (together with the Takasan Sites, the “Services”), including any User Content (as defined below). If you do not agree to these Terms, please do not use or access the Takasan Sites or Services for any purpose. Additional policies, terms, and conditions applicable to certain Takasan Services, specific areas of certain Takasan Sites or to particular content or transactions, may also be posted in particular areas of certain Takasan Sites and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional policies, terms, and conditions applicable to those specific areas of the Takasan Sites will be controlling with respect to those particular areas. Takasan reserves the right to cancel and/or terminate any user’s account for any violation of these Terms or other terms stated on Takasan Sites. Fraudulent behavior, creating multiple accounts to acquire additional credits, spamming, flaming, excessive use of profanity or abusive language on Takasan Sites or any other website in regard to Takasan, or while contacting any of our Services team, will not be tolerated.
BEFORE USING THE SITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF SERVICE” OR “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.
By using this site you swear and affirm that you are over the age of 21. You must be 21 years of age or older to purchase from Takasan Sites. The purchase of alcohol by persons under the age of 21 is strictly prohibited by law. By placing an order on Takasan Sites, you are expressly warranting that you are at least 21 years of age and you will present a valid government-issued ID to a carrier upon delivery.
Any items purchased from Takasan Sites will be delivered with an "Adult Signature Required" designation, and the third party carrier that delivers the items must verify identification upon delivery. Please note you, or someone at least 21 years or older, must be present at the time of delivery. Third party carrier will make 3 delivery attempts. After the third attempt, customer will pay another delivery fee to receive the package.
Please do not provide any of your information to us if you are under the age of 21. We do not knowingly collect or maintain any personally identifiable information about anyone under the age of 21. If we become aware that you are under the age of 21 and are attempting to or have submitted personal information via the Site, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.
Takasan grants you permission to use the Takasan Site as set forth in these Terms, provided that and for so long as (i) you are 21 years of age or older; and the person to whom any wine will be delivered is 21 years old of age or older; (ii) you use the Takasan Sites solely for your personal, non-commercial use; (iii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Takasan Sites in any medium without Takasan’s prior written authorization; (iv) you do not alter or modify any part of the Takasan Sites other than as may be reasonably necessary to use the Takasan Sites for its intended purposes; (v) you do not engage in any of the prohibited uses described in the Terms; and (vi) you otherwise fully comply with these Terms. The Site is controlled and offered by Takasan from its facilities in California. Takasan makes no representations that the Takasan Sites are appropriate or available for use in other locations. If you are accessing or using the Takasan Sites from other jurisdictions, you do so at your risk, and you are responsible for compliance with local laws.
Your use of the Takasan Sites and Services is subject to our Privacy Notice located at takasan.co/privacy, incorporated herein by reference, which applies to the collection, use, disclosure and other processing of personal information by Takasan.
For all items purchased from Takasan Sites, title is passed to the purchaser in the state of California. By placing an order with Takasan Sites, you expressly agree to assume title to the merchandise in the state of California, immediately upon tendering full payment. All items must be paid for in full prior to arrangements for delivery. Takasan performance obligation under the purchase agreement for the sale of sake is complete upon tender of the merchandise to a third party carrier for transportation and delivery.
Takasan repackages products in order to facilitate shipping. As a result, elements of a products’ original packaging may be modified and not included to facilitate your Takasan order.
Within the United States, many states have laws regulating the shipment of alcohol into their jurisdiction and may limit the amount of alcohol that can enter the state without permits or licenses. By placing an order with Takasan, you are expressly representing and warranting that you have reviewed any pertinent local and state laws before purchasing alcohol on this website and that your purchase complies with all applicable local, state, and federal laws and regulations. Takasan makes no representation to the legality of shipping to any state outside of California and does not assume any responsibility for obtaining any necessary licenses or permits. If you have questions regarding any applicable permits held by Takasan, please contact us.
Takasan does not, itself, provide shipping services. If you wish to have your purchase shipped, Takasan will contact a third party common carrier to ship on your behalf. Unfortunately, common carriers will not deliver alcohol to all states. We apologize for any inconvenience this may cause.
By arranging for transportation of alcoholic beverages by a third party carrier, Takasan is providing a service to, and acting on behalf of, you, as the purchaser and title holder of the products purchased. By asking Takasan to arrange for transportation and delivery on your behalf, you expressly represent and warrant that you are acting in compliance with applicable local, state, and federal laws regarding the purchase, transportation, and delivery of alcoholic beverages. You further represent and warrant that you have obtained any required permission, paid any required fees, are working through properly licensed intermediates where required, are legally entitled to take possession of the alcoholic beverages, are legally entitled to take the quantities ordered, will comply with any applicable tax laws, and that you and the person accepting delivery of the alcoholic beverages are at least 21 years of age.
All shipping costs, including insurance, assessed by the third party carrier are to be paid by you, the purchaser. An insurance fee may be placed on transportation arrangements for rare or expensive items. Takasan provides transportation coordination as a complimentary service and does not profit from any delivery arrangements we make for you. Takasan makes no warranties or guarantees regarding the transportation or delivery by the third party common carrier.
If one or more items are not available for shipment, we will notify you to offer substitutions or make other arrangements.
We are unable to ship to P.O. mailboxes. Void where prohibited, only available in the US.
Risk of Loss:
All products purchased from Takasan are made pursuant to a shipment contract. This means that the risk of loss passes to you upon our delivery of your order to the third party carrier.
Estimated shipping times do not include weekends or holidays. Please be advised that most orders leave our store within one (1) to four (4) days. Our store processing time is not included in estimated delivery times, and Takasan does not guarantee any estimated shipping time. For more precise information on delivery times, please contact the third party carrier who is contracted to deliver your merchandise. We will notify you by email when your order has shipped.
Shipping Fees; Tax:
All sales, use, and excise taxes, as well as third party carrier shipping costs (including insurance, assessed by the third party carrier) are to be paid by a purchaser of products or services on the Takasan Sites.
Returns and Cancellations:
Defective merchandise can be exchanged within 30 days of receipt of order. Absolutely no returns or exchanges on sake. Orders refused, canceled, or otherwise requested as a return after the order is sent to a third party carrier for delivery may incur a restocking fee. Fees assessed for payment to the third party carrier are non-refundable. While we work with our wholesale partners to ensure you are purchasing sake that is of the finest quality, sake purchased that is older than 1 year cannot be guaranteed in any way.
The Takasan Sites, including the content, interactive features, audio, video, audio-visual material, information, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel” and arrangement of items, and all other elements of the Takasan Sites that are provided by Takasan (“Takasan Materials”) are owned and/or licensed by Takasan and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. Takasan Materials do not include Non-Takasan Content (as defined below). Except as expressly authorized by Takasan, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Takasan Sites or the Takasan Materials. Takasan reserves all rights not expressly granted in these Terms. You shall not acquire any right, title, or interest to the Takasan Materials, except for the limited rights expressly set forth in these Terms.
General. The Takasan Sites may now or in the future permit you and other Users to post or link media, text, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. User Content is controlled by Takasan. Takasan makes no representations that your User Content will remain available via the Takasan Sites in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE TAKASAN SITES IS MADE PUBLICLY AVAILABLE TO USERS OF THE TAKASAN SITES, AND TAKASAN DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.
Grant of Rights. By submitting User Content to Takasan, you hereby grant Takasan a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Takasan Sites and Takasan’ (and its successor’s, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the Takasan Sites (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Takasan, transferees and sublicensees (and their respective affiliates) the right to use the name that you submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the Takasan Sites a non-exclusive license to access your User Content through the Takasan Sites, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the Takasan Sites and these Terms. The above licenses granted by you in User Content you submit to the Takasan Sites shall be perpetual and irrevocable, except that with respect to any User Content that you have removed or deleted while maintaining your Takasan Sites user account, or any User Content following any deactivation or deletion of your Takasan Sites user account, you may specifically notify Takasan regarding the termination of the foregoing license from you to Takasan, specifically identifying the item(s) of User Content to which such termination applies, in which case the foregoing license will terminate within a commercially reasonable time after you provide such notice to Takasan. You understand and agree, however, that even following such termination, Takasan may retain, but not display or perform, server copies of such User Content. Notwithstanding anything to the contrary herein, the above licenses granted by you in user comments you submit are perpetual and irrevocable.
Your Representations and Warranties Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, you affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Takasan to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Takasan and these Terms, and to grant the rights and license set forth in this Section, and (iii) your User Content, Takasan’ use of such User Content pursuant to these Terms, and Takasan’ exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) you have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) you shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Takasan Sites, your User Content or its posting on, or submission to, the Takasan Sites, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, you further agree that you will not publish, post, submit, transmit through or otherwise make available to the Takasan Sites: (i) any falsehoods or misrepresentations that could damage Takasan or any third party; (iii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) advertisements or solicitations of business, products, or services; or (v) any material that would be harmful to minors in any manner.
No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.
Non-Takasan Content Disclaimer:
You understand that when using the Takasan Sites you will be exposed to User Content, advertising and other third party content (together, the “Non-Takasan Content”) from a variety of sources and that you may be exposed to Non-Takasan Content that is inaccurate, offensive, indecent, or otherwise objectionable. Takasan does not endorse any Non-Takasan Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Takasan be liable in any way for or in connection with the Non-Takasan Content, including, but not limited to, for any inaccuracies, errors or omissions in any Non-Takasan Content, any intellectual property infringement or misappropriation with regard to any Non-Takasan Content, or for any loss or damage of any kind incurred as a result of the use of any Non- Takasan Content posted, emailed or otherwise displayed or transmitted through the Takasan Sites.
Non-Monitoring of Users and Non-Takasan Content:
You understand that you, and not Takasan, are entirely responsible for all User Content that you upload, post, e-mail, transmit or otherwise make available through the Takasan Sites. Takasan does not control Non-Takasan Content posted by Users or otherwise made available by other persons or entities and does not have any obligation to monitor such Non-Takasan Content for any purpose. If at any time Takasan chooses, in its sole discretion, to monitor the Non-Takasan Content, Takasan nonetheless assumes no responsibility for the Non-Takasan Content, no obligation to modify or remove any inappropriate Non-Takasan Content, no obligation to continue to monitor the Non-Takasan Content and no responsibility for the conduct of the User or other person or entity submitting any such Non-Takasan Content. You agree that you must evaluate, and bear all risks associated with the use of any User Content or other Non- Takasan Content, including any reliance on the accuracy, completeness, usefulness, non- infringement or legality of such User Content or other Non-Takasan Content.
Removal of Non-Takasan Content:
Takasan and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or remove any Non-Takasan Content that is available on the Takasan Sites in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
Prohibited Uses of the Site:
As a condition of your use of the Takasan Sites, you hereby represent and warrant that you will not use the Takasan Sites for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.
Any use by you of any of the Takasan Materials and Takasan Site other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Takasan Sites, use of the Takasan Sites, access to the Takasan Sites, or Non-Takasan Content obtained through the Takasan Site, for any purpose other than for your personal use.
Except as otherwise expressly permitted herein these Terms, you agree not to create derivative works of the Takasan Sites content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Takasan and any applicable licensors.
You agree not to use the Takasan Sites if you do not meet the eligibility requirements described herein.
You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Takasan Sites, or collect, or attempt to collect, personal information about Users or third parties without their consent.
You agree not to intentionally interfere with or damage, impair or disable the operation of the Takasan Sites or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Takasan Sites with the intended result of denying service to other Users.
You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Takasan Sites, features that prevent or restrict the use or copying of any part of the Takasan Sites, or features that enforce limitations on the use of the Takasan Sites.
You agree not to attempt to gain unauthorized access to the Takasan Sites or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Takasan Sites or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Takasan Sites or any activities conducted through the Takasan Sites.
You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Takasan Sites. You agree neither to modify the Takasan Sites in any manner or form (other than contributing User Content as enabled by the Takasan Sites’ functionality and in accordance with these Terms), nor to use modified versions of the Takasan Sites, including (without limitation) for the purpose of obtaining unauthorized access to the Takasan Sites or for the removal of any proprietary notices or labels on the Takasan Sites.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Takasan Sites for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Takasan Sites.
You agree not to utilize framing techniques to enclose any trademark, logo or other Takasan Materials without our express prior written consent. You agree not to use any Meta tags or any other “hidden text” utilizing Takasan’s name or trademarks without Takasan’s express prior written consent.
You agree not to use any Takasan’s logos, graphics, or trademarks as part of the link without our express prior written consent.
You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Takasan Sites to any third party.
You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Takasan Sites or to insert your own or a third party’s advertising, branding or other promotional content on the Takasan Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Takasan Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree not to use the Takasan Sites in any manner that could interrupt, damage, disable, overburden or impair the Takasan Sites, or interfere with any other party’s use and enjoyment of the Takasan Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers.
You agree not to modify, adapt, translate, or create derivative works based upon the Takasan Sites or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You agree not to use the Takasan Sites to “stalk” or otherwise harass or harm another in any way.
You agree not to post, transmit or otherwise disseminate through the Takasan Sites any User Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.
Unauthorized or prohibited use of the Takasan Sites or the Takasan Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
We offer products and services for sale on the Takasan Sites. Please carefully read all pricing terms available in the areas of the Takasan Sites that allow you to make purchases. You acknowledge that entering into a transaction electronically (including without limitation all records relating to such transactions) constitutes your agreement and intent to be bound by and to pay for such agreements and transactions, including all fees and applicable taxes incurred by you or anyone using your account. Takasan is not responsible for typographic errors. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, your account may be closed without warning or notice at our sole discretion. EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN POLICY OR CANCELLATION POLICY APPLICABLE TO OUR FEE-BASED PRODUCTS, SERVICES OR FEATURES, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
If you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely 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. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you shall immediately notify Takasan. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, TAKASAN OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
Dealings with Advertisers and other Users:
Your correspondence or business dealings with, or participation in promotions of, advertisers and other Users found on or through the Site are solely between you and such advertiser or User. YOU AGREE THAT TAKASAN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS OR USERS ON THE SITE.
Links and Third Party Websites.
Linking to the Site. You agree that if you include a link from any other web site to the Takasan Sites, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Takasan Sites. You are not permitted to link directly to any image hosted on the Takasan Sites, such as using an “in-line” linking method to cause the image hosted on the Takasan Sites to be displayed on another web site. You agree not to download or use images hosted on the Takasan Sites on another web site, for any purpose, including, without limitation, posting such images on another web site. You agree not to link from any other web site in any manner such that the Takasan Sites, or any page of the Takasan Sites, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Takasan Sites be discontinued, and to revoke your right to link to the Takasan Sites from any other web site at any time.
Reference Sites. Takasan, Users and other third parties may provide links on the Takasan Sites to other sites, including the content therein (“Reference Sites”). Takasan has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Takasan Sites. Takasan provides links to you only as a convenience, and the inclusion of any link on the Takasan Sites does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Takasan Sites, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your User Content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Takasan Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Takasan Sites. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
Purchases on Third Party Websites:
In addition to purchases on the Takasan Sites, the Takasan Sites may permit you to make purchases of products or services through third party websites. The term associated with your transactions for these services and/or products are subject to the terms and conditions and privacy policies of the third party websites. If you have problems or questions regarding a transaction with a third-party website, please contact the third-party website directly.
Takasan may make changes to or discontinue any of the media, web communities, products, or services available on the Takasan Sites at any time, and without notice. The media, products, or services on the Takasan Sites may be out of date, and Takasan makes no commitment to update these materials on the Takasan Sites.
You agree that with respect to any feedback, analysis, suggestions and comments to Takasan provided by you (collectively, “Feedback”), IN CONSIDERATION OF TAKASAN PROVIDING ACCESS TO THE TAKASAN SITES FREE OF CHARGE, USER HEREBY GRANTS TO TAKASAN THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Takasan and that any Feedback which is provided by User to Takasan does not infringe any third-party intellectual property rights. Notwithstanding the foregoing, Takasan grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
Terms Violations; Termination:
You agree that Takasan, in its sole discretion, may terminate any account (or any part thereof) you may have through the Takasan Sites or your use of the Takasan Sites, and remove and discard all or any part of your account or any User Content. You agree that your access to the Takasan Sites or any account you may have or portion thereof may be terminated without prior notice, and you agree that Takasan shall not be liable to you or any third-party for any such termination. Takasan reserves the right to modify, suspend or discontinue the Takasan Sites and/or access to it at any time and without notice to you, and Takasan will not be liable to you should it exercise such rights, even if your use of the Takasan Sites is impacted by the change. These remedies are in addition to any other remedies Takasan may have at law or in equity.
INDEMNIFICATION; HOLD HARMLESS:
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TAKASAN AND ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE TAKASAN SITES; (II) YOUR USER CONTENT, INCLUDING TAKASAN’ USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT NOT CAUSED BY TAKASAN. TAKASAN RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF TAKASAN. TAKASAN WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.
DISCLAIMERS; NO WARRANTIES:
ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION AND THE TWO SECTIONS BELOW, THE TERM TAKASAN INCLUDES EACH OF ITS MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.
NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TAKASAN DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAKASAN OR THROUGH THE TAKASAN SITES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
“AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE TAKASAN SITES IS AT YOUR SOLE RISK. THE TAKASAN SITES, TAKASAN MATERIALS, USER CONTENT, NON-TAKASAN CONTENT, AND ANY OTHER THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE TAKASAN SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WEBSITE OPERATION AND NON-TAKASAN CONTENT. TAKASAN DOES NOT WARRANT THAT THE TAKASAN MATERIALS, USER CONTENT, NON-TAKASAN CONTENT, TAKASAN SITES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE TAKASAN SITES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
ACCURACY. TAKASAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE TAKASAN SITES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE TAKASAN SITES (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA. ANY HEALTH AND WELLNESS CONTENT AND OR INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DOES NOT AND IS NOT INTENDED AS MEDICAL ADVICE, TO SERVE AS A SUBSTITUTE FOR MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOUR USE OF THE TAKASAN SITES DOES NOT CREATE A DOCTOR / PATIENT RELATIONSHIP. THE TAKASAN SITES DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. USE OF THE TAKASAN SITES DOES NOT REPLACE MEDICAL CONSULTATIONS WITH A QUALIFIED HEALTH OR MEDICAL PROFESSIONAL TO MEET THE HEALTH AND MEDICAL NEEDS OF YOU OR ANY OTHER PARTY. TAKASAN DISCLAIMS ALL RESPONSIBILITY FOR THE PROFESSIONAL QUALIFICATIONS AND LICENSING OF, AND SERVICES PROVIDED BY, ANY PHYSICIAN OR OTHER HEALTH PROVIDER REFERRED TO ON THE TAKASAN SITES AND/OR ANY THIRD PARTY WEBSITE. NEVER DISREGARD THE MEDICAL ADVICE OF A PHYSICIAN OR HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF SOMETHING YOU READ ON THE TAKASAN SITES. ALTHOUGH TAKASAN STRIVES TO ENSURE THAT THE INFORMATION TAKASAN PROVIDES ON THE TAKASAN SITES IS CORRECT, TAKASAN CANNOT GUARANTEE THAT IT IS ALWAYS ACCURATE AND UP-TO-DATE. TAKASAN OFFERS THE TAKASAN SITES AS IS AND WITHOUT ANY WARRANTIES.
LIMITATION OF LIABILITY AND DAMAGES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TAKASAN OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE TAKASAN MATERIALS AND USER CONTENT ON THE TAKASAN SITES OR ANY REFERENCE SITES, THE TAKASAN SITES ITSELF, OR ANY OTHER INTERACTIONS WITH TAKASAN, EVEN IF TAKASAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF DAMAGES. IN NO EVENT SHALL TAKASAN OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE TAKASAN SITES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE LESSOR OF ONE HUNDRED DOLLARS (USD $100) OR ONE-HALF OF THE ANNUAL FEES PAID BY YOU TO TAKASAN (IF APPLICABLE) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THAT SUCH CLAIM AROSE.
THIRD PARTY PRODUCTS AND SERVICES. SOME USERS MAY USE THE TAKASAN SITES TO MARKET PRODUCTS AND/OR SERVICES. THE ABOVE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SUCH PRODUCTS OR SERVICES MARKETED, SOLD OR PROVIDED BY USERS, OR OTHERWISE BY THIRD PARTIES OTHER THAN TAKASAN AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE TAKASAN SITES OR THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION ANY REFERENCE SITES.
LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN:
LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT TAKASAN HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TAKASAN, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TAKASAN. YOU ACKNOWLEDGE AND AGREE THAT TAKASAN WOULD NOT BE ABLE TO PROVIDE THE TAKASAN SITES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Digital Millennium Copyright Act Compliance:
Infringement Claims. If you are a copyright owner or an agent thereof and believe that any User Content or other Non-Takasan Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail).
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Takasan Sites and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the Takasan Sites.
- Information reasonably sufficient to permit Takasan to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Takasan’ designated Copyright Agent to receive notifications of claimed infringement is:
Taka Hospitality, LLC.
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.
We may, at our discretion, deny access to the Takasan Sites by, or disable and/or terminate the accounts of, Users who may be infringers.
Copyright Counter-Notices. If content you posted on the Takasan Sites was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:
- To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.
- Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):
- Identify the specific URLs of (or other information sufficient to allow us to identify) material that Takasan has removed or to which Takasan has disabled access.
- Provide your full name, address, telephone number, email address and, if you are a registered User, the User name of your Takasan account.
- Provide a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good- faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Taka Hospitality, LLC.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter- notification, it includes any of your Identifying Information set forth in the counter- notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Takasan Sites. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Takasan Sites is being infringed or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of California. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
Proposition 65. Prop 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, protects California citizens and the state’s drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform citizens about exposures to such chemicals. Pursuant to Prop 65, California consumers are entitled to the following WARNINGS:
- Alcoholic beverages: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.
No waiver of these Terms by Takasan shall be deemed a further or continuing waiver of the Terms or any other policy or condition adopted by Takasan, and any failure by Takasan to assert a right or provision under Terms shall not constitute a waiver of the right or provision. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision
Should any part of the Terms be held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the part shall be eliminated or limited to the maximum extent possible so that the remaining portions of the Terms will continue to have full force and effect.
The Terms and the Privacy Notice constitute the sole and entire agreement between you and Takasan with respect to all products, services and the Takasan Sites, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the products, services and Takasan Sites.
Takasan reserves the right to add, remove or otherwise modify the Terms at any time, at its discretion. We may notify you of such changes through any of a variety of means, including a change to the “Last Updated” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes.
If you wish to terminate your use of the Website to order our products due to a modification of the Terms, please contact us at firstname.lastname@example.org. If you choose to continue using the Website to order our products after receiving notice of modification, you agree that continuing to use the Website shall be deemed as your acceptance of the new Terms.
Takasan is committed to promoting the responsible consumption of alcohol. Excessive or irresponsible consumption of alcohol may lead to harmful personal, social or health consequences. As a part of our commitment to provide you with everything you need in order to enjoy our product responsibly, we ensure that communications regarding our products do not show or encourage excessive consumption or misuse of any kind.
If you have any questions about these Terms and Conditions, please contact us via email at Info@Takasan.co.
Disclosures. The services hereunder are offered by Takasan, located at:
Taka Hospitality, LLC.
Copyright © 2020 Taka Hospitality, LLC All Rights Reserved.