YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
5.1. Permission. The Website may permit the submission of user-submitted text, artwork, photographs, product reviews, video, audio, and images ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Website.
5.3. Warranties. In connection with User Submissions, you affirm, represent, and warrant to Company that: (a) the content of your User Submissions is original (does not infringe previously published material, including music); (b) you own all right, title and interest to your User Submissions and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth in the license granted above; (c) use of your User Submissions on the Website or otherwise by Company, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; and (d) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submissions which will allow Company to utilize the User Submission(s) without compensation or objection. For clarity, Company obtains the license detailed above, but does not claim ownership of your User Submissions.
7.1. Purchase Contract. By placing an order using Company's Website, Content and Services, you are making a binding offer for a contract of sale with Company. To place an order, you will be required to follow the shopping process online and press the "Authorize Payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order only constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation") and the contract has been formed. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation. Only the products listed in the Shipment Confirmation e-mail sent at the time of dispatch will be included in the contract formed.
7.2. Payment. Upon receiving your order, we carry out the standard authorization check on your payment method to ensure there are sufficient funds to fulfill the transaction. Your payment method will be debited upon authorization being received. The monies received upon the debiting of your payment method shall be treated as a deposit against the value of the products you wish to purchase. Once the products have been dispatched and you have received the Shipment Confirmation, the monies deposited shall be used as consideration for the value of the products you have purchased as listed in the Order Confirmation.
7.3. Transfer of Title. You acknowledge and agree that the shipping terms for all products purchased from Company are FOB (Free On Board) shipping point and ownership transfers to you upon dispatch. This means that the risk of loss and title for such items pass to you upon Company's delivery of the product to the shipping carrier.
7.4. Refusal of Order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We will contact you if any portion of your order is canceled.
7.5. Order Quantity Limitations. We reserve the right to limit the quantity of items purchased per person, per household, or per order. These restrictions may be applicable to orders placed by the same payment account and also to orders that use the same billing and/or shipping address, or same e-mail address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. We also reserve the right to prohibit sales to dealers, resellers or other corporations or institutions. If you are interested in purchasing multiple quantities of items for a corporation or institution, please contact us through our "Contact Us" link on the Website.
7.6. Errors, Inaccuracies, and Omissions. Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Company cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an Order Confirmation email, the Order Confirmation email controls.
7.7. Pricing. The price of the products shall be the one quoted from time to time on our Website, except where there is an apparent error. Unless otherwise indicated, prices displayed on the Website are quoted in United States dollars (USD). While we take care to ensure that all prices quoted on the Website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as such. All prices are exclusive of shipping charges and sales tax (if applicable). The total cost of the order is the price of the product(s) ordered plus the delivery charge and sales tax (if applicable). Prices may change at any time, but (except as provided above) any potential change will not affect any order for which a Order Confirmation has been sent, therefore (except as provided above) price adjustments on previous orders are not permitted.
7.8. Taxes. All orders originating from Texas will be charged a 8.25% sales tax. For international customers, shipments may be subject to import or VAT taxes assessed by your country's government taxing regulations and are the responsibilities of the customer.
Some jurisdictions do not allow the exclusion of implied warranties, or have legislation that imposes certain statutory warranties that cannot be excluded, so the above exclusion may not apply to you.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or have legislation that restricts the limitation or exclusion of liability, so the above limitation may not apply to you.
15.1. Copyright Agent. In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, the designated agent to receive notices of claims of copyright infringement for Company is:
PO Box 79568
Houston, TX 77279
Email: info@ kashima-anime.com
15.2. Notification. If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication that includes the following: (a) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
15.3. Counter Notification. We may give notice to our users that we have received a notice of infringement by means of a general notice on our Website, electronic mail to a user's electronic mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) identification 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; (c) a statement under penalty of perjury that the 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 (d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for the judicial district in which our offices are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
The aforementioned responsibilities are required of Company in order to comply with the Digital Millennium Copyright Act, and will automatically be amended to incorporate any changes, amendments or modifications made thereto.
Copyright © 2016 KASHIMA LLC. All rights reserved.