These Terms of Service (hereinafter referred to as these “Terms”) constitute a legally binding agreement between the customer and ASICS Corporation (hereinafter referred to as “ASICS”), governing customer’s use of the ASICS STEPNOTE™ service (hereinafter referred to as this “Service”) provided by ASICS. Customers who do not agree to the Terms may not use this Service.
ASICS STEPNOTE™ is a service that projects a child's growth based on data input by the customer (foot size, age in months, etc.), and charts past, present, and future growth to suggest appropriate footwear size and products at appropriate intervals.
These Terms constitute a binding contract for the use of this Service (hereinafter referred to this “Contract”) and take effect between ASICS and the customer when the customer agrees to these Terms.
This Service is intended for use by adults (the person with parental or legal authority for the child). Agreement to these Terms by a person with parental authority or other legal representatives is required when the customer is a minor. Use of this Service requires the child's data to be provided, based on the agreement of the person with parental or legal authority of the child.
Customers may not sublicense use of this Service to a third party. Moreover, customers may not transfer usage rights of this Service to a third party.
Customers may not remove any copyright markings or other authority markings attached to this Service.
Customers may not use this Service for the practice of medicine or similar purposes.
All copyrights, trademarks, design rights, utility model rights, patent rights, corporate secrets, knowhow, and all other rights (including rights that arise in the future or unregistered rights) belong to ASICS, its group companies (hereinafter, collectively referred to as “ASICS Group”), or third parties that have licensed to ASICS Group.
Regardless of the above, the rights to footprint art, ASICS Foot Art™ (foot sole stamp) works created by the customer using this Service (hereinafter referred to as “ASICS Foot Art™ works”) and any images (hereinafter referred to as “Images”) uploaded in this Service system by the customer for the purpose of creating ASICS Foot Art™ works belong to the customer. However, the customer grants ASICS a non-exclusive, royalty-free, transferable and sublicensable, worldwide, perpetual license to use, distribute, modify, perform, reproduce, publish or translate the ASICS Foot Art™ works or Images (in compliance with the customer’s privacy settings), and to create derivative works thereof.
ASICS does not guarantee the comfort of the size of any footwear purchased by the customer based on the recommendation of this Service.
This Service is provided on an “AS IS” basis, and ASICS does not guarantee to the customer any part of this Service, including the content, usage results, qualifications, compatibility with specified purposes, possibility of features, data transmission errors, data backup, absence of any bugs or other defects, liability for contract non-compliance, or noninfringement of third-party intellectual property rights. The advice, suggestions, and feedback offered by this Service are not recommendations by ASICS to implement, and are not similar to medical practice or a physician’s advice. It’s the sole decision of the customer whether to adopt the feedback, etc. and ASICS shall not bear any liability with regard to the decision.
The customer bears responsibility for product purchases made from the operator of the online sales site or transactions with operators of other sites. The resolution of any transactions or disputes between the customer and other customers, the online sales site operator, or a third party related to this Service is the responsibility of the customer, and ASICS bears no responsibility.
ASICS bears no liability for compensation for interruption, suspension, termination, inability to use, or changes to this Service by ASICS, or deletion or loss of customer data, cancellation of customer registration, loss of data or malfunction by or losses to equipment, or any other Customer damages related to the use of this Service.
ASICS bears no liability related to the use of non-ASICS websites or information received from those websites even in such case that the ASICS website includes a link to the other website, or another website includes a link to the ASICS website.
ASICS bears no liability, including for compensation, to the customer with regard to use of this Service if any damage occurs to hardware or other equipment, or other damage related to this Service (including but not limited to loss of data, lost profits, damage based on special circumstances regardless of foresight, damages claimed against the customer by a third party, other indirect, secondary, or incidental damage) due to reasons not attributable to ASICS.
In the case of the above or any other cases, ASICS shall bear liability for damages up to the damages suffered directly by the customer, except in cases when the customer suffers damage due to the intentional or serious neglect of ASICS.
The customer shall bear responsibility for compensation for all damages, including but not limited to the cost for legal fees for the ASICS Group, if customer’s violation of these Terms or use of this Service results in damage to the ASICS Group.
When customer’s violation of these Terms or the use of this Service results in damage to other customers or any third party or gives rise to disputes between the customer and other customers or any third party, the customer shall resolve these issues and the related costs on their own and not cause disruption or damage to the ASICS Group.
ASICS may delete ASICS Foot Art™, Images, or other information generated by the customer without notice in any of the following events.
(1) The relevant information clearly violates the copyright or any other rights of ASICS or a third party, or causes damage to the reputation or trust of ASICS or a third party.
(2) ASICS is notified by the relevant third party that the relevant information violates the copyright or other rights of the third party or causes damage to the reputation or trust of the third party.
(3) When it becomes known that the laws of Japan or another applicable country have been violated.
(4) When an order to remove based on law is received from a government office or a public agency.
(5) Other cases deemed inappropriate for the operation of this Service.
(6) If ASICS decides for any other reason to do so including termination of the Service.
The customer may use this Service for no charge. However, some fee-based content may be added at a future date.
This Service is intended to project the growth of the child based on the child’s information input by the customer (including foot size and age in months) and suggest ASICS products based on the growth projection. ASICS uses customer’s and the child’s profile information, their information on hobbies and interests and their information related to this Service provided by the customer in order to make appropriate suggestions to customers. The customer uses this Service upon agreement with ASICS’ handling of information (details in Privacy Notice).
ASICS may make changes to these Terms as appropriate, and notifies customers of such changes via the ASICS website and conditions for this Service. By using this Service after notification of such changes by ASICS, the customer is considered to have agreed with the revised Terms.
ASICS may terminate or change this Service at any time without prior notification to the customer.
This Contract shall terminate immediately if the customer violates any of the provisions of these Terms. Upon termination of this Contract, the customer shall immediately cease use of this Service.
Parts 3 through 6, Part 10, this Part, Part 13 and Part 14 remain valid after the termination of this Contract.
When the customer wishes to stop using this Service, the customer shall complete the procedures for halting use of this Service based on the methods detailed separately by ASICS. This Contract shall be deemed terminated upon completion of the procedures for halting use of this Service. (Details of the procedures to halt usage are found on the Inquiries page.)
This Contract shall be governed by and construed under the laws of Japan.
Any dispute arising out of or in connection with this Contract shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.