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TERMS OF SERVICE

TERMS OF SERVICE

This website is operated by KOBEYASHI ARCADE. Throughout the site, the terms “we”, “us” and “our” refer to KOBEYASHI ARCADE. KOBEYASHI ARCADE offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms & conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, and you agree to comply with all applicable laws in your jurisdiction, including but not limited to copyright laws.

You must not transmit any worms or viruses or any code of a destructive nature. Any violation of these Terms of Service may result in an immediate termination of your access to our services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We strive to provide accurate, complete, and up-to-date information on this site. However, we cannot guarantee that all the information available on this site is accurate, complete, or current. The material provided on this site is for general information purposes only and should not be solely relied upon for making decisions. We recommend consulting primary, more accurate, more complete, or more timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.

This site may contain historical information that is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. It is your responsibility to monitor any changes or updates on our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES

Our products or services only available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Redfund & Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We also reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. It is your responsibility to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to ensure that we can complete your transactions and contact you as needed.

For more detailed information, please review our Returns Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to optional third-party tools through our website. Please note that we do not monitor or have any control or input over these tools.

You acknowledge and agree that the use of any optional third-party tools is at your own risk and discretion. We provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall not be liable for any damages or liabilities arising from or relating to your use of these optional third-party tools.

It is important that you review and approve the terms and conditions provided by the relevant third-party provider(s) before using any optional tools offered through our site.

In the future, we may introduce new services and features on our website, including the release of new tools and resources. Such additions will also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Our Service may include content, products, and services from third parties. These third-party materials may be accessed through links on our site that redirect you to third-party websites. Please note that these third-party websites are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites. We do not warrant and will not have any liability or responsibility for any third-party materials, websites, or any other materials, products, or services offered by third parties.

Any transactions or interactions you engage in with third-party websites are at your own risk. We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. We recommend that you carefully review the policies and practices of these third parties before engaging in any transactions or activities. If you have any complaints, claims, concerns, or questions regarding third-party products, please contact the third party directly.


SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If we request specific submissions from you or if you voluntarily send us comments, creative ideas, suggestions, proposals, plans, or other materials, whether through contests or other means, you agree that we may use, edit, copy, publish, distribute, translate, and otherwise utilize these submissions in any medium, without any restrictions. This includes the right to use your comments for promotional purposes. We are not obligated to keep these comments confidential, provide compensation, or respond to them.

While we may choose to monitor, edit, or remove content, we have no obligation to do so. We may remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of intellectual property rights or these Terms of Service.

You agree that your comments will not infringe upon the rights of any third party, including copyrights, trademarks, privacy, or any other personal or proprietary rights. Furthermore, your comments must not contain any unlawful, abusive, or obscene material, or any computer virus or malware that could impact the operation of the Service or any associated website. You must not use a false email address or pretend to be someone you're not, and you are responsible for the accuracy of your comments. We are not liable for any comments posted by you or any third party.


SECTION 10 - PERSONAL INFORMATION

Any personal information you provide to us through the store is subject to our Privacy Policy. You can review our Privacy Policy by [providing a link to your Privacy Policy].


SECTION 11 - REFUND & RETURN INFORMATION

Any REFUND & RETURN information you provide to us through the store is subject to our REFUND & RETURN Policy. You can review our REFUND & RETURN Policy by [providing a link to your refund & return policy page].


SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

We strive to provide accurate and up-to-date information on our site and in the Service. However, there may be instances where typographical errors, inaccuracies, or omissions occur, particularly with regard to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

Please note that we are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted to mean that all information in the Service or on any related website has been modified or updated.

We apologize for any inconvenience caused by these errors, inaccuracies, or omissions. If you have any questions or concerns about the information provided, please contact our customer service team for assistance.


SECTION 13 - PROHIBITED USES

In addition to the other prohibitions outlined in the Terms of Service, you are expressly prohibited from using the site or its content for the following purposes:

  • Engaging in any unlawful activities or soliciting others to participate in unlawful acts.
  • Violating any applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances.
  • Infringing upon our intellectual property rights or the rights of others.
  • Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on their gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Submitting false or misleading information.
  • Uploading or transmitting viruses, malware, or any other malicious code that could impact the functionality or operation of the Service, related websites, or the Internet.
  • Collecting or tracking the personal information of others without their consent.
  • Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping data from the site or related websites.
  • Engaging in any obscene or immoral activities.
  • Interfering with or circumventing the security features of the Service, related websites, or the Internet.

Any violation of these prohibited uses may result in the termination of your use of the Service or any related website, as determined by us in our sole discretion.

We take these prohibitions seriously to ensure a safe and respectful environment for all users. Your cooperation in adhering to these guidelines is greatly appreciated.


SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no guarantees, representations, or warranties of any kind, whether express or implied, regarding the uninterrupted, timely, secure, or error-free nature of your use of our service. We do not warrant that the results obtained from using the service will be accurate or reliable. You acknowledge that we may, at our discretion, remove the service for indefinite periods of time or cancel the service without prior notice to you. You expressly agree that your use of the service is at your sole risk. The service, including all products and services delivered to you through the service, is provided on an "as is" and "as available" basis, unless otherwise stated explicitly by us. We do not make any representations, warranties, or conditions of any kind, either express or implied, including but not limited to merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us. In no event shall KOBEYASHI ARCADE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

We strive to provide a reliable and high-quality service, but we cannot guarantee its continuous and uninterrupted operation. By using our service, you accept these limitations and agree that any issues arising from the use of our service are your sole responsibility.


SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KOBEYASHI ARCADE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 16 - SEVERABILITY

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any remaining provisions.


SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If we believe, in our sole judgment, that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof) accordingly.


SECTION 18 - ENTIRE AGREEMENT

The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.


SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at info@kobeyashiarcade.com or support@kobeyashiarcade.com.