Terms of Use

Welcome to UTOPIA, where gift certificates to your favorite shops and restaurants are always provided at discounted rates. UTOPIA (URL: http://www.us-utopia.com) is owned and operated by TAKUYO CORPORATION, a US-based company located in Torrance, CA. Please read the following TERMS OF USE before using any of the services available on this site.

This Agreement contains the complete terms and conditions that apply to you in joining, shopping, and all other activities you will make in our website. By using or shopping from this Website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between UTOPIA (www.us-utopia.com and other affiliates)["us", "Site", or "This Site"] and end-user ["you" or "customer"], and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us, which will be notified to you in accordance with California State Law.

These Terms of Use were last updated on March 31st, 2015.

Use of the site & PROHIBITIONS

This Site allows you to search, advertise, and shop online. This Site aims to provide gift certificates, gift cards, E-tickets, coupons and vouchers ["U-Products"] at a discounted price from its face value. In order to make any purchase of items displayed on our site, you must have a legal and valid account on UTOPIA. While anyone over the age of 18 is able to sign up and create an account on UTOPIA for free, you are prohibited to do the following acts, to wit:

  1. use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools
  2. collect information about users' personal information
  3. create multiple personal accounts to gain or attempt to gain advantage over others
  4. resell U-Products to other individuals or to other commercial establishments
  5. use our Site for any commercial purpose, or any purpose other than for your own personal use

Memberships

For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure. You may also sign up to become a Promotion Mail Subscriber for no cost by simply providing your email address. While we do not ask for any personal information other than your email address, we continue to restrict any individual under the age of 18 to sign up, and when we have reasonable evidence of a user’s misconduct or underage activity, we have the right to suspend or terminate the account. If you request to change any information on your account, you may do so at any time without notifying UTOPIA. However, in order to terminate your entire account, please send an email of request to: terminate@us-utopia.com.

Availability of the Site

You acknowledge that while we put our very best effort to keep the Site accessible, there may be interruptions in service or events that are beyond our control. In order to assure user convenience and safety, the Site may be unavailable from time to time for any reason including, and not limited to routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended, or terminated. UTOPIA retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

Transmission of Information

While we put in every effort to secure and protect our users’ personal information, we do not control the security of the Internet or other networks you use to access the Site or communicate with us, therefore we can’t be, and are not responsible for, the security of information that you choose to communicate with UTOPIA and the Site while it is being transmitted. In addition, UTOPIA is not responsible for any data lost during transmission.

Terms of Sale

U-Products you purchase through our Site as a UTOPIA account holder are gift certificates/coupons/vouchers that have been pre-approved by Merchants through our service. U-Products can be used for any products or services provided by Merchant identified on our Product Detail Page or on the physical vouchers. The Merchant is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ["Liabilities"] it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of U-Products or not. You waive and release UTOPIA and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a merchant in connection with your use of U-Products or the services/goods it provides in connection with it.

By purchasing any U-Products, you agree to the terms of this Agreement, specifically including these terms of sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any of the U-Products, you agree to these terms of sale and any terms on the U-Product itself, as well as any additional limitations placed on the Product Details Page at the time of purchase.

Limitation and Expiration Dates on U-Products

U-Products are subject to the jurisdiction of State Laws where the designated business operates. UTOPIA will abide by all State Laws and Regulations regarding Expiration Dates, Limitations or Restrictions businesses can place on gift certificates. Note that some U-Products are not limited to gift certificates, and that non-gift certificate items such as Event tickets, coupons, redemption vouchers may contain Expiration Dates or other Limitations. Limitations, terms and conditions for the U-Products are stated on every Products Detail Page. Please refer to the gift certificates “Terms and Conditions” written on the products page. Please read these limitations clearly before making any purchases, and failure to do so will not constitute any legal reasoning for cancellations, claims, or damages.

Promotional Giveaways

UTOPIA at times may include promotional giveaways which may include, but not limited to, concert/event tickets, gift certificates or coupons for businesses, admission tickets to amusement parks, and so forth. UTOPIA will be exempt of all Liabilities associated with these promotional giveaways. Promotional Giveaways is distributed for promotional purposes only and may not be transferred, sold or resold to other parties. Promotional Giveaways may include limitations, expiration dates, and/or blackout dates. Recipients of these Promotional Giveaways have the full obligation of redeeming its services in accordance with these limitations and UTOPIA will not provide exchange, refunds, or reissuing of Promotional Giveaways.

Payments and processes

UTOPIA has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by UTOPIA prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for products shall be made by credit card.

Refund Policy

We do not provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the U-Products are faulty, we will meet our obligations under the applicable laws. If “non-faulty” accounts are cancelled within the “cooling period” of 3 days as specified by Federal Laws, we will give a full refund of your purchased U-Products only if the U-Products have not been used, redeemed, damaged, or lost. If U-Products or any other Promotional Giveaways are shipped and delivered before the “cooling period”, the canceller has the obligation of re-shipping the goods at its own expense. Once the return has been confirmed, we will contact our credit card processing company to void the purchase. Please note that the refund will be directly returned to the credit card account used for the purchase, and we cannot and will not transfer the refund credit to a specified bank account or refund in cash.

With regards to store closures, UTOPIA will not be responsible for unused U-Products. If you have bought a U-Product and the store closes or changes its business name, UTOPIA will not give any refunds or exchange privileges unless otherwise announced by UTOPIA. However, if you bought a U-Product after the date of the store’s closure, we will provide a full refund of the product if returned within two weeks of purchase.

Some U-Products may have a “use-by” date. These dates are not expiration dates, but there to let you know that a specific promotion expires at that date. We recommend that you use the U-Products by the “use-by” date in order to fully take advantage of the deal. If in the case you cannot use the U-Products by the “use-by” date, please email return@us-utopia.com and the purchased value will be refunded to you either directly to your credit card or by check.

Termination

By UTOPIA. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us and/or your permission to use the UTOPIA service, and remove and discard all or any part of your account from the Site at any time. We may also, in our sole discretion and at any time, discontinue providing access to the UTOPIA service, or any part thereof, with or without notice. UTOPIA does not permit copyright infringing activities on the UTOPIA service and reserves the right to terminate access to the UTOPIA service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the UTOPIA service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies UTOPIA may have at law or in equity.

By You. You may terminate your account, this Agreement and your right to use the UTOPIA service, at any time and for any reason or no reason, by contacting UTOPIA customer support at support@us-utopia.com.

Fees. Upon any termination of your account, you will not be entitled to a refund of any fees or other payments made by you to UTOPIA, and you will remain obligated to pay all outstanding fees and charges relating to your use of the UTOPIA Service before termination.

DISCLAIMER

THE MATERIALS ON THE SITE ARE PROVIDED "AS IS." UTOPIA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, UTOPIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL UTOPIA OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON UTOPIA'S INTERNET SITE, EVEN IF UTOPIA OR A UTOPIA AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

THE PARTIES EXPRESSLY ACKNOWLEDGES THAT THIS AGREEMENT IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION, ALL CLAIMS WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AS OF THE EFFECTIVE DATE HEREOF, AND THAT THE RELEASES AND LIMITATIONS OF LIABILITY AGREED UPON HEREIN CONTEMPLATE THE EXTINGUISHMENT OF ANY SUCH CLAIM OR CLAIMS. BOTH PARTIES ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED REGARDING THE EFFECT OF CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." THE PARTIES, HAVING BEEN SO ADVISED, HEREBY EXPRESSLY WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542.

INDEMNIFICATION; HOLD HARMLESS.

YOU AGREE TO INDEMNIFY AND HOLD UTOPIA, ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEY'S FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE UTOPIA SERVICE, VIOLATION OF THESE TERMS, VIOLATION OF THE RIGHTS OF ANY PERSON OR ENTITY, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS YOU MAKE HEREIN. WE RESERVE THE RIGHT, AT OUR OWN 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.

Comments or Inquiries

For inquiries and comments regarding our business, service, products, and other contents on this Site, please email to support@us-utopia.com.

PLEASE NOTE THAT UTOPIA SELLS AND DISTRIBUTES GIFT CERTIFICATES, GIFT CARDS, E-TICKETS, ETC. ON BEHALF OF MERCHANTS AND PARTNERS. UTOPIA IS NOT RESPONSIBLE AND WILL NOT BE LIABLE IN THE EVENT OF CLAIMS OR DISSATISFACTION OF THE SERVICE OR PRODUCT PROVIDED BY THE MERCHANTS.

Editing, Deleting and Modification

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Revisions and errata

The materials appearing on the Site could include technical, typographical, or photographic errors. UTOPIA does not warrant that any of the materials on the site are accurate, complete, or current. UTOPIA may make changes to the materials contained on the site at any time without notice. UTOPIA does not, however, make any commitment to update the materials.

Acknowledgment of rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of UTOPIA. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

Non-Waiver

A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision, and in the case of UTOPIA must be executed in writing by an executive officer of UTOPIA. The failure of any party at any time to require performance of any provision of this Agreement will in no manner affect such party's right at a later time to enforce the same. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. If any provision of this Agreement shall be unlawful, void, or for any reason invalid or unenforceable, then that provision will reformed to the minimum extent necessary to make it valid and enforceable, and if not capable of such reformation shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the substantive laws of California, without any reference to conflict-of-laws principles. Any dispute, controversy, claim or difference, whether arising as a matter of law or equity, that exists between the parties in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of California, to the exclusion of any other courts without giving effect to its conflict of laws provisions of any other state or country. Nothing herein shall be deemed to waive, preclude, or otherwise limit UTOPIA’S right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims. YOU AGREE THAT YOU WILL NOT BRING CLAIMS AGAINST UTOPIA IN ANY CAPACITY OTHER THAN AS AN INDIVIDUAL, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and UTOPIA agree otherwise, a court of competent jurisdiction may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. YOU AND UTOPIA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE UTOPIA SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Miscellaneous

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.