TERMS OF SERVICE

Welcome to Otaku Clothing. Please read these Terms of Service and our Privacy Policy carefully before using Otaku Clothing’s Services.

By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Otaku Clothing. If you do not completely agree to these Terms of Service, you must not use any of our Services.

 

1. Definitions

  • “Dispute” – Any controversy related to these Terms, including without limitation claims arising out of or relating to any aspect of the relationship between you and the Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms. This does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
  • “Company” – Otaku Clothing. References to “Us,” “We,” or “Our” mean Otaku Clothing, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership, and/or any of their agents, consultants, employees, officers, and directors. Company does not include Company Affiliates or third parties (analytics or ad tech companies, or similar organizations).
  • “Company Affiliate” (or “Company Affiliates”) – Company’s third-party content providers, distributors, licensees, or licensors.
  • “Intellectual Property Rights” – Any and all right, title, and interest of every kind whatsoever, whether now known or unknown, registrable or otherwise, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress, and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
  • “Notice” – A delivered writing by e-mail or courier delivery to the other party at their respective address and will be effective upon receipt.
  • “Privacy Policy” – The Company’s policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.
  • “Service” (or “Services”) – Any website provided by the Company and Company Affiliates, including without limitation the following website and all sub-pages thereof: www.otakuclothing.org.
  • “Terms of Service” (or “Terms”) – The terms, conditions, obligations, covenants, representations, and warranties set forth herein.

2. Ownership and Limited License

a) Ownership. The Services are owned or licensed by the Company and are protected by Intellectual Property Rights and other proprietary rights laws. The Company reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of the Company.

b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Company policies, the Company grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own entertainment and informational purposes. You agree that you will not use the Services for any other purpose.

c) License Limitations. Any use of the Services in violation of the law, these Terms of Service, or these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license at the Company’s sole judgment or may subject you to liability for violations of law.

You acknowledge you will not directly or indirectly:

  • i) Partake in any activity or action that the Company deems to be against the spirit or intent of the Services;
  • ii) Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services;
  • iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;
  • iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;
  • v) Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, the Company itself, or Company Affiliates;
  • vi) Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by the Company;
  • vii) Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;
  • viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services or the Company;
  • ix) Use or access the Services to obtain, generate, or infer any business information about the Company or Company Affiliates, including without limitation information about sales, revenue, staff, technical stack, or user statistics;
  • x) Promote, encourage, or participate in hacking, phishing, distribution of counterfeit Services, or exploiting cheats, bugs, or errors, except to privately notify the Company;
  • xi) Make available through the Services any material that infringes intellectual property, privacy, or publicity rights of any person or entity;
  • xii) Attempt to gain unauthorized access to the Services; and
  • xiii) Use the Services where it is prohibited by law.

3. Term

Unless modified or amended by the Company, these Terms and its provisions shall remain in full force and effect. Termination of any license granted by the Company under these Terms does not affect any other provisions of these Terms.

 

4. Access and Permissible Assignment

a) Account. To use the Services, “Users” may set up an individual account (“Account”). You must set up an Account to purchase merchandise. To create an Account, you must be 18 years old. If you are under 18, you may only create an Account with the permission of your parent or legal guardian. If you are under 13, you may not create an Account or provide us with any information. Each Account includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password, including restricting access to devices used to access the Services. You agree not to assign or transfer your Account or share your Password. The Company is not responsible for unauthorized access due to theft or misappropriation of your credentials.

b) You may deactivate or delete your Account at any time by following instructions in the Services or contacting [email protected].

c) By using the Services, you represent that you are either:

  1. At least 18 years of age and legally competent to accept these Terms; or
  2. A minor authorized by a parent or guardian under Section 4(d).

d) If you are a parent or legal guardian, you may allow a minor to use the Services under these conditions:

  • i) You consent to the minor entering into this agreement.
  • ii) You accept full responsibility for all activities of the minor.
  • iii) You agree to cover any liabilities or costs related to the minor’s actions.
  • iv) You indemnify the Company from any claims arising from the minor’s use.

e) If you have been previously banned from using any Company Services, you may not use our Services.

f) If you are in a jurisdiction that requires higher age restrictions (e.g., under GDPR), you may not use the Services unless consent is given by a parent or legal guardian.

 

5. Service Availability and Termination

a) You acknowledge that:

  • i) The Company may, at its sole discretion, provide amendments, versions, enhancements, modifications, or upgrades to any part of the Services;
  • ii) The Company may terminate or restrict access to the Services or any portion thereof at any time, for any reason, without Notice and without liability to you;
  • iii) Access to the Services may be interrupted for reasons within or beyond the control of the Company. The Company does not guarantee uninterrupted access to the Services;
  • iv) The Company may not offer the Services in all countries or geographic locations.

You are responsible for any internet or mobile fees incurred from using our Services.

b) Merchandise.

  • i) Users may purchase merchandise through the Services at the Company’s discretion.
  • ii) Payment. Payments are processed via PayPal, Apple Pay, and Shopify Pay. Payment terms are governed by the Payment Processor’s policies. Fees are non-refundable.
  • iii) Otaku Clothing disclaims liability regarding Payment Processors.
  • iv) Refunds/Replacements. Defective merchandise is eligible for refunds or replacements if reported within 90 days. Contact [email protected] for assistance.

 

6. Intellectual Property

a) All content included in the Services—such as text, graphics, logos, images, and the overall look and feel of the Services—is the property of Otaku Clothing or its third-party suppliers. This content is protected by copyright, trademark, and other proprietary rights. You agree to comply with all applicable copyright, trademark, and proprietary notices.

b) You agree not to modify, publish, transmit, reverse engineer, create derivative works of, or exploit any part of the Services’ content. Use of the Services does not grant ownership rights or unauthorized use of this content. Content may only be used for personal purposes as described in these Terms. No licenses are granted to you beyond those expressly stated.

 

7. Links to Third Party Sites and Services

The Services may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Otaku Clothing or any part of the Services. Otaku Clothing is 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. Otaku Clothing provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Otaku Clothing of the website or any association with its operators.

 

8. Disclaimer, Warranty, and Liability

YOU ACKNOWLEDGE THAT OTAKU CLOTHING AND OTAKU CLOTHING AFFILIATES ARE NOT LIABLE:

  1. FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR
  2. FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE SERVICES AND ANY MERCHANDISE ARE PROVIDED BY OTAKU CLOTHING ON AN “AS IS” AND “AS AVAILABLE” BASIS. OTAKU CLOTHING MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OTAKU CLOTHING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OTAKU CLOTHING DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE AGGREGATE LIABILITY OF OTAKU CLOTHING ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO OTAKU CLOTHING IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

IF YOU HAVE NOT MADE ANY PAYMENTS TO OTAKU CLOTHING IN THE PAST 180 DAYS, YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES.

 

9. Indemnity

You agree to defend, indemnify, and hold harmless Otaku Clothing, its Affiliates, employees, agents, and partners from any claims, liabilities, or expenses arising from:

  • Your breach of these Terms;
  • Your use of the Services; and
  • Any malware, spyware, or unauthorized software introduced through your use of the Services.

Otaku Clothing reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you.

 

10. Dispute Resolution

Any disputes must first be attempted to resolve informally within 30 days. If unresolved, disputes will be subject to binding arbitration conducted by the American Arbitration Association.

 

11. Miscellaneous

Otaku Clothing reserves the right to update these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance.

 

12. Electronic Communication

By using the Services, you consent to receive electronic communications, which satisfy any legal requirement that communications be in writing.

13. Contact Us

If you have any questions or comments about these Terms or our Services, please contact us at: [email protected]