Thank you for visiting our Website (hereinafter referred to as "www.bally.jp” or "Website"). These General Terms and Conditions of Use (hereinafter "Terms and Conditions") apply to your access to and use of this Website. Please read the Terms and Conditions carefully. By accessing or using the Website, or by placing an order for products on the Website, the customer accepts these Terms and Conditions. If you do not accept all or part of these Terms and Conditions, please do not use this Website. The Website is managed and maintained by Bally Japan Ltd., with registered office at 1-1-1 Nishi-Shinbashi, Minato-ku, Tokyo (hereinafter referred to as ”Bally”or the ”Company”).
For all other legal information in regards to this Website, please see the General Terms and Conditions of Sale, Return Policy, Warranty Policy, and Privacy Policy. We may amend or update these General Terms and Conditions in whole or in part. Any amendments or updates to the General Terms and Conditions of Use shall be posted on the home page of the Website as soon as they are made, and shall apply at the time of accessing the Website when said time is after the amendments in question have been made. If you do not accept all or part of the General Terms and Conditions of Use of this Website, please do not use this Website.
Access to and use of the Website shall be done by our users solely for personal use and shall not be related in any way to commercial transactions, business or commercial activities, including but not limited to displaying web pages, contacting providers, downloading product information, or making purchases on the Website. Please note that you are solely responsible for the use of this Website and its content. We accept no liability if the user uses the Website or its content in a manner not compliant with current legislation. However, this does not affect the provider's liability for wilful misconduct or gross negligence.
In particular, the customer shall be liable for any inaccurate or false contact information or data, or third party (where said third party has not consented) contact information or data, and any improper use of such data or information.
1. Privacy Policy
We recommend that you read the Privacy Policy, which also applies in the event that users access the Website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes the Website collects and uses your personal data.
2. Intellectual Property Rights
All content included on this Website, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, "Content"), is the property of Bally and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Bally as the case may be.
Bally shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Bally shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Bally shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
3. Links to Other Websites
The Website may contain links to other web sites which are in no way connected to the Website or Bally. Bally does not control or monitor such third party web sites or their contents. Bally shall not be held liable for the contents of such sites and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those web sites. Please, pay attention when you access these web sites through the links provided on the Website and carefully read their terms and conditions of use and their privacy policies. Our General Terms and Conditions of Use and Privacy Policy do not apply to the web sites of third parties. the Website provides links to other web sites exclusively to help its users in searching and surfing the Internet and to allow links to web sites on the Internet. When Bally provides links to other web sites, Bally does not recommend that to its users access these web sites and it does not provide any guarantees to their web content or to services and products supplied and sold by these web sites to Internet users.
After you submit a Submission (as defined below) on Instagram or Twitter, you will have the chance to have your photographs, video, etc. appear on the dedicated area of the Website. Bally reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission in the Website. You acknowledge and agree that Bally has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of information voluntarily made public through any part of the Website.
Any ideas, content of any kind (including, without limitation, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #BallySelfeet hashtag in a post on Instagram tagging @Bally_Swiss or using the #ShoeTip in a Tweet on Twitter, tagging @Bally_Swiss (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to use such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality obligations. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of 'spam.' You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us, Instagram, Twitter Inc., and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Bally is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.
When you make a Submission using the #BallySelfeet in a post on Instagram or the #ShoeTip in a Tweet on Twitter, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Bally without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use, X's Terms of Service and any third party agreements to which you are subject. You further irrevocably waive any 'moral rights' or other rights with respect to attribution of authorship or integrity of materials regarding any Submission.
4. Disclaimers on Content
Bally has adopted measures to address accuracy of the content on the Website. However, Bally is not liable for the accuracy and completeness of the content, except for its liability for gross negligence and as otherwise provided for by the law.
Moreover, Bally cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet.
Bally reserves the right to refuse content we consider to be abusive or sensitive from all forms submitted via the Bally.com and regional websites.
5. Governing Law
These General Terms and Conditions of Use are governed by Swiss law.