Website Terms of Use

Kotobukiya America, Inc. ( “Company,” “we,” “our,” or “us”) offers this website and any associated subordinate sites that may be linked to it, and any content, information, data, results, or services provided on or by those websites (collectively, the “Website”) to you conditioned on your acceptance without modification of the terms, conditions, notices, and policies contained and referenced herein (the “Terms”).

THE TERMS CONTAIN AN ARBITRATION AGREEMENTAND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.

As noted, the Website may have additional terms and conditions that may govern your use of the Website and/or may require you to enter into a separate written agreement with us. These include, for example, the PRIVACY POLICY, the TERMS OF PURCHASE OF PRODUCTS, and the TERMS OF MEMBERSHIP, the terms of which are incorporated herein by reference, as applicable. Any terms in a separate written agreement or additional posted terms associated with the Website will become a part of the Terms and, thus, part of your agreement with us. To the extent there is a conflict, terms of the separate written agreement control, then additional posted terms, and then the Terms.

YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE TERMS AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

If you are having any trouble accessing the Terms or the Website, please contact us through this link: https://kotobukiya-us.com/pages/contact-us.

Article 1 Authorized Use of Website

The Website is provided for your personal and non-commercial use and for informational purposes only. You warrant that you will not use the Website for any purpose that is unlawful or prohibited by the Terms. You will comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, export control laws, and regulatory requirements.
In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties.
We may prohibit you from participating in or utilizing the Website if in our sole and absolute discretion you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove, or edit content or cancel orders in our sole and absolute discretion without notice to you.
If for any reason any portion of the Website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Website, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Website, and to cancel, terminate, modify or suspend the Website or any portion thereof and void any information contained therein.

Article 2 Unauthorized Use of Website

You may not catalog, download or otherwise reproduce, store or distribute content available on the Website. For example, you will not use any robot, spider, other automatic device, scraping process, or manual process to monitor or copy the Website or the contents or information contained therein without our prior express written consent.
You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website. Without limitation, you may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You agree that you will not use any device, software, routine, or process to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted through the Website.
You may not frame portions of the Website within another website.
You may not resell use of, or access to, the Website to any third party without our prior written consent.
You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Website without prior express written consent of Company or the appropriate third party.
You may not upload, inject, deliver, or otherwise transfer to the Website any data, files, or software that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended or reasonably likely to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information from the Website.
You may not use the Website in any manner that may create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You may not permit anyone other than yourself to use your username, password, and/or other account credentials to gain access to the Website. You will take reasonable steps to maintain the privacy of your username, password, and/or other account credentials and to prevent unauthorized access to or disclosure of same. You are entirely responsible for maintaining the confidentiality of your username, password, and/or other account credentials and for all activities that occur under your account.

Article 3 Proprietary Rights

Company is the owner of, or otherwise authorized to use, all parts of the Website, including all textual content, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display it, such as certain third party licensors.
By using the services we provide on or through the Website, you agree not to copy, distribute, modify or make derivative works of any materials on the Website without the prior written consent of the owner of such materials.
Except as expressly set forth in the Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.
All rights not granted under the Terms are reserved by Company.

Article 4 No Ideas Accepted

We do not accept any suggestions, ideas, notes, drawings, techniques, know-how, concepts, or other similar materials or information submitted to or through the Website including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business (“User Submissions”). We may already be working on or may in the future work on a similar idea. This Article is intended to avoid disputes or misunderstandings about the ownership of such User Submissions.
Notwithstanding the preceding Paragraph, if you post, upload, input, provide, or otherwise submit a User Submission to the Website, you understand and acknowledge that such User Submission is not submitted as confidential and we assume no obligation, whether expressed or implied, by considering it. You also warrant and represent that you own or otherwise control all of the rights thereto including, without limitation, all the rights necessary for you to post, upload, input, provide or submit the same. You further agree that we shall exclusively own all existing and future rights to such User Submission everywhere in the world, and that such User Submission is hereby irrevocably assigned to us.
Notwithstanding the preceding Paragraph, to the extent any such assignment of your User Submission is deemed unenforceable under applicable law, you hereby grant Company an irrevocable, perpetual, world-wide license to use such User Submission and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you. To the extent permitted by law, you will not exercise any moral rights in connection with the User Submission.

Article 5 Products, Specifications and Order

You must be of legal age under applicable laws to purchase products or services from the Website.
By placing an order, you agree that the products or services ordered are legal to be possessed and used where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law, and that you have the right to use your provided payment method.
You may not order products with the intent to resell them.
When purchasing products or services from the Website by credit card, you will be asked to input payment information including: (i) your payment card number, (ii) your name as it appears on your payment card, (iii) the payment card type, (iv) the date of expiration, and (v) the security code for the card.
You represent, warrant, and agree that you will not use any payment card or other form of payment unless you have all necessary and legally required authorization to do so.
We will not be liable in the event your children or others acting with or without your permission use your payment card to make purchases on the Website, and to the extent your minor children make any such purchases, you represent and warrant that they are authorized to do so.
The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete.
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing or other information, we will have the right to cancel orders of any such product or service, regardless of whether the order has been confirmed and/or your credit card or other payment method has been charged.
The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or other details of actual products will be accurate.
We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Website by any third party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold or provided through the Website.
We may make changes to information about price, availability or other product or service attributes without notice.
Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.
With respect to the shipment of products and services sold through this Website, risk of loss and title for the same pass to you upon delivery of the same to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We may require additional verification or other information prior to the acceptance and/or shipment of any order.
If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we have already charged you for, we will refund you the full amount of the canceled portion of the order.
Please also review our TERMS OF PURCHASE OF PRODUCTS, TERMS OF MEMBERSHIP and Guide for Use. Use of the Website and placement of an order for products or services indicates your acceptance of the TERMS OF PURCHASE OF PRODUCTS, the TERMS OF MEMBERSHIP and the Guide for Use.

Article 6 Personal Information

Any personal information you submit to us on or through the Website is subject to the PRIVACY POLICY. In the course of using the Website, you may submit your personal information and/or the personal information of others. It is your responsibility to ensure this information is accurate and up to date, and that any information you share with us you have authority to share. Company shall have no liability to ensure the accuracy of the information or your authority to provide it.

Article 7 Third Party Links

The Website may contain links to third-party websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
By providing links to Linked Sites, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by such Linked Site, and are not responsible for the materials, services, or other situations at or related to or from any Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operators. We reserve the right to disable links from any third-party sites to the Website. Please exercise discretion while browsing the Internet and using the Website. You should be aware that when you are using the Website, you could be directed to other sites that are beyond our control.
We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Website or third-party content on the Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We are not involved in the actual transaction between you and a third party. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of third-party suppliers or buyers to sell or buy items. We cannot ensure that a third-party buyer or supplier will actually complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Other websites may also reference or link to the Website. When navigating away from the Website, we recommend reviewing the terms of use and privacy policies of any site you visit.

Article 8 Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711).

We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Website or any web site linked to the Website. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.

Article 9 Disclaimers and Limitation of Liability

The Website and the materials and information located on or through the Website are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal, financial, health, or other professional advice or service.
The Website may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions, and restrictions and the Terms. Please refer to and carefully read the terms, conditions, and restrictions of each Promotional Offer. Company reserves the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES OR OTHER COMMUNICATIONS YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND AS A RESULT THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Article 10 No Warranties

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON THE WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION ON THE WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ITS OPERATION AND ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH IT, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON OR OPERATION OF THE WEBSITE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE\ WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT FOR REASONS ATTRIBUTABLE TO COMPANY, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
EXCEPT IN THE CASE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE ON OUR PART, IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PRECEDING PARAGRAPHS OF THIS ARTICLE DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Article 11 ARBITRATION AND WAIVER OF CLASS ACTION

EXCEPT AS THE TERMS OTHERWISE PROVIDE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICPIATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
Arbitration. Arbitration uses a neutral arbitrator to resolve a dispute instead of a judge or jury. It results in a final and binding decision that is subject to limited appellate review. By agreeing to arbitration, you waive the right to resolve your dispute through other available processes such as court or an administrative proceeding. An arbitrator must honor the terms in the Terms and can generally award the same damages and relief a court can award under the law, including declaratory or injunctive relief. Certain rights that you might have in court such as access to discovery, may be unavailable or limited in arbitration.
Any dispute, controversy or claim between you and Company, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section only, “Company”) arising out of or relating to the Terms, the Website or services (collectively “Dispute”) shall be settled by final and binding arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by the Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879, or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
All Disputes shall be governed by the laws of the State of California, without regard to principles of conflict of laws. If there is a conflict between the AAA Rules and this arbitration clause and, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
Process. You agree to first try to resolve the Dispute informally by contacting us in writing at shop@kotobukiya-us.com. If the Dispute is not resolved within 60 days of submission, you agree that you or Company may initiate arbitration.
Notwithstanding the foregoing, in lieu of arbitration:
(1) you or Company may assert a claim in small claims court in the United States if your claim qualifies, provided that it is brought and maintained solely as an individual claim; and
(2) you or Company may assert a claim in court to enjoin infringement or other misuse of intellectual property rights.
The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and Company.
To initiate the arbitration process, send a letter to the AAA and to Company, 20655 S. Western Ave. Suite 116 Torrance, CA 90501 with a request for arbitration and a description of your claim. You may also send a copy to the AAA online at https://www.adr.org. The AAA‘s rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators‘ and administrative fees of arbitration.
The seat or place of arbitration shall be Torrance, California, the USA. Upon request of either party, the arbitration shall be conducted via telephone to the extent permitted by the AAA Rules. The arbitrator will follow the Terms and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Terms. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction.
You agree that this arbitration section shall apply to any dispute or claim with other parties arising out of or relating to the Terms and Website, including the determination of the scope or applicability of this section, regardless of the date of accrual, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.
Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.
Jury Trial and Class Action Waiver. IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE TERMS OR THE WEBSITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE.
Except as the Terms otherwise provide, you waive the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. You also agree that you may only resolve Disputes with Company on an individual basis and may not assert a claim as a plaintiff or a class member in a class action, class-wide arbitration, consolidated or representative action and expressly waive your right to file a class action or seek relief on a class basis.
The arbitrator may award declaratory or injunctive relief to you only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Other. If any portion of this ARBITRATION AND WAIVER OF CLASS ACTION clause is determined by a court to be inapplicable or invalid, the remainder of the clause shall still be given full force and effect.
To the extent that any other provision of the Terms is found to be inconsistent with rights, duties, and requirements of this ARBITRATION AND WAIVER OF CLASS ACTION clause, or where the application of such a provision would change or render unenforceable any part of this ARBITRATION AND WAIVER OF CLASS ACTION clause, such provision shall be null and void and the terms of this ARBITRATION AND WAIVER OF CLASS ACTION clause shall control.

Article 12 Availability of Website services and products

The products and/or services described in and available through the Website may not be available in your country. We make no representation that the services or products offered in the Website are appropriate or available for use in any particular location.
Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Website and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Website and must exit immediately. Your viewing and/or use of the Website constitutes your representation that you are unconditionally and without limitation permitted to view and use the Website.

Article 13 Changes

We reserve the right in our sole discretion to change, modify, add, or remove the terms, conditions, notices, and policies under which the Website is offered. In addition, the Terms may be changed at any time; provided, any material modifications will only be applied prospectively except as may be permitted by law. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. By accessing the Website after such changes, you are deemed to accept the changes.

Article 14 Indemnification

You agree to indemnify, defend and hold harmless Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ representatives, directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”), arising from, or related to (i) your use of the Website, (ii) the use of any account attributable to you on the Website, (iii) any breach by you or your account(s) on the Website of any of the Terms, and (iv) any violation by you of applicable law.
You agree to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Claims arising or resulting in any way from any violation by you of the Terms, your use of the services or products provided to you as part of the Website or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Company or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.
Without limiting the foregoing, if you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Article 15 Severability

If any part of the Terms shall be held or declared to be invalid or unenforceable for any reason, such provision shall be ineffective but shall not affect any other part of the Terms. In such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law.

Article 16 Waiver and Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of the Terms by you shall not prevent a subsequent exercise of such right by Company or shall not be deemed a waiver by Company of any subsequent breach by you of the same or any other terms of the Terms. The rights and remedies of Company under the Terms and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

Article 17 No Employment or Other Relationships

Except as otherwise agreed to between you and Company, you agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or use of the Website.

Article 18 Compliance with Laws

Our performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

Article 19 Entire Agreement

Unless otherwise specified herein or agreed to by you, the Terms constitute the entire agreement between you and Company with respect to the Website and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Article 20 Copyright and Trademark Notices

Unless expressly stated otherwise, the content included on the Website, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Company or its licensors or suppliers. Unless otherwise noted, all content on the Website is the copyrighted property of Company or its affiliates or licensors. This content is protected by copyright, trademark laws as well as the applicable laws of other jurisdictions. No right, title, or interest to the content is granted by your use of the Website, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular website to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Website, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use without Company’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Website (or any part of its content) is strictly prohibited.
Company respects the intellectual property rights of third parties. Company responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Company believes that it is liable for any copyright infringement for which we are provided notice, Company’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Website, at Company’s sole discretion and operating within the parameters of the DMCA.
If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:
Kotobukiya America, Inc.
20655 S. Western Ave. Suite 116 Torrance, CA 90501
https://www.kotobukiya.co.jp/en/contact-us/contact-int-customers/

with the following information:

• Your name, address, telephone number and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of the allegedly infringing material and where it is located on the Website;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
• Your written or electronic signature attesting to the above.
If your content has been removed from the Website in response to Company’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting us using the information above with the following information:

• Your name, address, telephone number and email address;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Company would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
• A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your written or electronic signature attesting to the above.

Article 21 How to Contact Us

If you have any questions regarding the Terms, you may contact us at this https://kotobukiya-us.com/pages/contact-us