Terms of service
TERMS OF SERVICE
Welcome to Otaka-Bay-Shop! The terms "we," "us," and "our" refer to Otaka-Bay-Shop. Otaka-Bay-Shop operates this store and website and provides you with a curated shopping experience (the "Service") that includes all related information, content, features, tools, products, and services. Otaka-Bay-Shop is powered by Shopify and provides the Service to you.
The following terms of service and all referenced policies herein (collectively, the "Terms of Service" or "Terms") describe your rights and responsibilities when using the Service.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, INCLUDING DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY.
By browsing or otherwise interacting with our Service, you agree to these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Service.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, 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 Service through your owned, purchased, or controlled devices.
In using our Service (including accessing or browsing our online store, or purchasing products and services we offer), you may be required to provide certain information, such as an email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or sublicense your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display as accurately as possible the products and services available on the online store. However, we do not guarantee that your device's display of any color or product appearance will be accurate due to the type, settings, or configuration of the device you use.
We do not warrant that the appearance or quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or will be as displayed on the online store.
Product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We may, at our sole discretion, limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Otaka-Bay-Shop reserves the right to accept or refuse any order at its sole discretion for any reason. An order is not formed until Otaka-Bay-Shop confirms its acceptance. We must receive and process your payment before we accept any order. Please review your order carefully before confirmation. Once an order is accepted, Otaka-Bay-Shop may be unable to accommodate cancellation requests. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.
Returns or exchanges of your purchase are handled only in accordance with our Refund Policy [LINK].
You represent and warrant that the products purchased by you are for your own or your household's personal use and not for commercial resale or export purposes.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price for the goods or services will be the price applicable at the time the order is placed, as stated in your order confirmation email. Unless otherwise specified, the prices displayed do not include taxes, shipping and handling charges, customs duties, or import fees.
Prices displayed on our online store may differ from those offered at physical stores, third-party online stores, or other outlets. We may offer promotions related to the Service from time to time, which may affect pricing and are governed by terms separate from these Terms of Service. If there is a conflict between the terms for a promotion and these Terms of Service, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred, including all applicable taxes, shipping, and handling charges at the posted prices.
SECTION 5 – SHIPMENT AND DELIVERY
We are not liable for any delays in shipment and delivery. Delivery times are estimates only and are not guaranteed. We are not liable for any delays due to carrier delays, customs procedures, or causes beyond our control. Title and risk of loss pass to you upon our transfer of the products to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY RIGHTS
Our Service (including, but not limited to, trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof) is owned by Otaka-Bay-Shop and its affiliates or licensors and is protected by United States and foreign patent, copyright, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Service only for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Service without our prior written consent. Except as expressly set forth herein, nothing contained in these Terms shall be construed as conferring any license or other right in or to any patent, trademark, copyright, or other intellectual property of Otaka-Bay-Shop, Shopify, or any third party. Any unauthorized use of the Service may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Otaka-Bay-Shop.
The Otaka-Bay-Shop name, the Otaka-Bay-Shop logo, and all related product and service names, designs, and slogans are trademarks of Otaka-Bay-Shop or its affiliates or licensors. You must not use such marks without the prior written permission of Otaka-Bay-Shop. The Shopify name, logo, and all related product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party customer tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Service (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Service may include materials or hyperlinks (including embedded third-party functionality) to websites offered or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. Your access to those materials and third-party sites is at your own risk when you leave the Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[Note to Merchant: This section accurately represents the relationship between Shopify and your store and must not be deleted or altered.]
Otaka-Bay-Shop is powered by Shopify and provides the Service to you. However, all sales and purchases made by you on our store are made directly with Otaka-Bay-Shop. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of the sale or purchase between you and Otaka-Bay-Shop, including any damage or injury resulting from the purchased products or services. You expressly release and discharge Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with Otaka-Bay-Shop.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Service is subject to our Privacy Policy (available here: [LINK]). Additionally, some of your personal information may be subject to the Shopify Privacy Policy (available here). By using the Service, you acknowledge that you have read these Privacy Policies.
Because the Service is hosted by Shopify, Shopify collects and processes personal information regarding your access and use of the Service to provide and improve the Service to you. The information you submit to the Service will be shared and transmitted to Shopify and third parties, who may be located outside of your country of residence, and will be used to provide the Service to you. For more information about how we, Shopify, and our partners use your personal information, please review the Privacy Policy (here: [LINK]).
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other materials (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display the Feedback for any purpose, including commercial purposes. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill our obligations and exercise our rights under these Terms.
You also represent and warrant that (i) you own all rights in the Feedback or have all necessary rights to provide the Feedback, (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback, and (iii) your Feedback complies with these Terms of Service. We are under no obligation to (1) maintain any Feedback in confidence; (2) pay compensation for any Feedback; or (3) respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Service or in the Service that contains typographical errors, inaccuracies, or omissions that may relate 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 (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You shall access and use the Service only for lawful purposes. You shall not, directly or indirectly, access or use the Service: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability against our employees or other individuals; (e) to transmit false or misleading information; (f) to transmit, receive, upload, download, use, or reuse any material which does not comply with these Terms of Service; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate Otaka-Bay-Shop, a company employee, another user, or any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Otaka-Bay-Shop, Shopify, or users of the Service or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, or using web crawlers or scraping; (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account without prior notice if we determine, in our sole discretion, that you have violated any provision of these Terms of Service.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, at our sole discretion, and you will remain liable for all amounts due up to and including the date of termination.
The following Sections shall survive any termination of this Agreement: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Except as expressly stated by Otaka-Bay-Shop, the Service and all products and services delivered to you through the Service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow the limitation or exclusion of implied warranties or other guarantees, so the above exclusions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no case shall Otaka-Bay-Shop and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, 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. We shall also not be liable for any errors or omissions in any content (or product) posted, transmitted, or otherwise made available via the Service, or any loss or damage of any kind incurred as a result of the use of the Service, even if advised of their possibility.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Otaka-Bay-Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to:
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Your breach of these Terms of Service or the documents they incorporate by reference;
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Your violation of any law or the rights of a third party; or
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Your access to or use of the Service.
We will notify you of any claim that is subject to the indemnification obligation. Failure to promptly provide notice shall not relieve you of your indemnification obligations, except to the extent you are materially prejudiced thereby. We may manage the defense and settlement of any claim subject to indemnification at your expense, including the selection of counsel; provided that we will not settle any non-monetary obligation on your behalf without your consent (which shall not be unreasonably withheld). You shall cooperate with the defense of any indemnified claim, including providing relevant materials.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless 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. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – WAIVER AND ENTIRE AGREEMENT
The failure of us 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 and 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 and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, 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 20 – ASSIGNMENT
You may not delegate, assign, or transfer any of your obligations or rights under this agreement or these Terms of Service without our prior written consent. Any attempted delegation, assignment, or transfer shall be deemed null and void. We may assign, transfer, or delegate these Terms of Service and our rights and obligations without your consent or notice.
SECTION 21 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Federal and State (or Provincial) courts having jurisdiction over the headquarters of Otaka-Bay-Shop. You and Otaka-Bay-Shop agree to venue and personal jurisdiction in such courts.
SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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. We will notify you of material changes to these Terms of Service in accordance with applicable law, and such changes will be effective on the date stated in the notice. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: contact@otaka-bay-shop.com.