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© The Otaku Group 2019 

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TERMS & CONDITIONS

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TERMS & CONDITIONS

IMPORTANT: READ THESE TERMS OF USE AND OUR PRIVACY POLICY BEFORE USING THE OTAKU GROUP WEBSITE ("WEBSITE"). YOUR USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this agreement and the Privacy Policy are not acceptable to you, do not use this Website. Company reserves the right to modify or discontinue this Website and these terms of use at any time with or without notice to users. All references to “Company” shall mean The Otaku Group, LLC and all of its entities.

  1. Limitations on Use: This Website is owned and operated by Company or its affiliates and is for the user’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Website. The use of any Materials on any other website or networked computer environment is expressly prohibited. The user recognizes that unauthorized use of this Website content may subject user to civil or criminal liability.
     

  2. The Materials and this Website are the property of Company or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by Company to protect its contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Website, this Website is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained in this Website. Permission to use the copyrighted content of this Website for commercial purposes must be obtained through the prior written consent of Company. Company may withhold its consent for use of the copyrighted content for commercial purposes and will strictly enforce its intellectual property rights under the copyright laws.
     

  3. This Website is protected under United States trademark law. The trademarks, trade names, logos, service marks, product names and company names (the "trademarks") appearing on this Website are registered and unregistered trademarks of Company. All other trademarks, logos, service marks, product names and company names on this Website are the property of their respective owners. Under no circumstances should anything appearing on this website be construed as granting by implication, estoppel or otherwise any form of license or authorization to use, reproduce or distribute the trademarks displayed on this Website. Licenses to use trademarks appearing on this Website may be obtained through Company with prior written consent. However, Company may withhold its consent. Misuse of trademarks or any Materials comprising this Website is strictly prohibited. By using this Website, you agree to abide by any and all trademark and service mark notices, information or restrictions contained on this website. Any copied or downloaded content must retain all trademark and service mark notices. Company will strictly enforce its intellectual property rights under the trademark laws.
     

  4. The Materials published on this Website may include inaccuracies or typographical errors. Company does not warrant or make any representations regarding the use or the results of the use of the Materials on this Website in terms of their correctness, completeness, accuracy, timeliness, reliability or otherwise.
     

  5. Company makes no representations or warranties about the Website or the suitability of the Materials contained on this Website for any purpose. THE WEBSITE AND THE MATERIALS ARE PROVIDED TO YOU ON AN "AS-IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY OF TITLE, NO WARRANTY OF NON-INFRINGEMENT AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE MATERIALS. COMPANY MAKES NO WARRANTY OR GUARANTY THAT THE WEBSITE OR THE MATERIALS ARE ERROR-FREE, THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. COMPANY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM THE WEBSITE OR THE MATERIALS THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE WEBSITE OR THE MATERIALS OR ANY PORTION OF THIS WEBSITE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
     

  6. IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE OR UNAVAILABILITY OF THE WEBSITE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE OR THE MATERIALS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
     

  7. You agree to defend, indemnify and hold Company and its affiliates and their respective officers, directors, equity holders, employees and agents harmless from and against any and all claims, actions, demands, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees incurred by Company in connection with your violation of a third party’s rights) arising from or related to your use of this Website or your violation of these terms of service or any third party’s rights.
     

  8. This Website may contain links to third-party websites. The links are provided solely as a convenience to you and are not an endorsement by Company of the content contained in such third-party websites. Company does not control or guarantee the accuracy or integrity of the content located on linked third-party websites. Company is not responsible and assumes no liability for the information, content or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk
     

  9. You acknowledge that, in providing the Materials on this Website, Company has relied upon your agreement to be bound by this agreement and the Privacy Policy. If any provision of this agreement is invalid or unenforceable under applicable law, it is to that extent deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of this agreement shall be deemed a continuing waiver of such term or any other term. This agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise or other form of agreement or relationship than expressly set forth herein. This agreement and performance hereunder shall be governed by and interpreted in accordance with the laws of the State of Tennessee without regard to conflicts of laws provisions, and applied to agreements entered into and completely performed in the State of Tennessee. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement or privacy policy shall be an appropriate state or federal court located in Davidson County, State of Tennessee. You agree to submit to jurisdiction and venue in any state or federal court located in Davidson County, State of Tennessee. This agreement and Privacy Policy constitute the entire agreement between you and Company with respect to use of the Website.
     

  10. This agreement is only assignable by Company.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue any Item or Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance.

NOTICE OF WEBSITE COMPLIANCE WITH ADA REQUIREMENTS

We are committed to making this website compliant with the Americans with Disabilities Act. We wish all of our visitors to be able to access and understand our goods and services. This is an ongoing project, and we are bringing sections of our internet presence into ADA compliance following the relevant and applicable portions of W3C Level One guidelines.
 

We are actively working to increase accessibility and usability of our website to everyone.

If you have questions or concerns about the accessibility of our website, please contact us by sending an email to hello@theotakugroup.com or calling us at 615-942-8281.
 

If you encounter an accessibility issue, please specify the page / URL in your email. We welcome all feedback on improving our site's accessibility for all of our users. It is our ongoing goal to develop a website that is fully accessible to everyone.

To enable us to respond in a manner that will be of most help to you, please indicate:

  • The nature of the accessibility need

  • Your preferred format (electronic format, large print, etc.).

  • The web address of the requested material

  • Your full contact information, so we can reach you if additional information is required. 

We will make reasonable accommodations for people with disabilities in accordance with the Americans with Disabilities Act.