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Terms of service

OVERVIEW

Welcome to otaku - for ambitious artists! The terms “we”, “us”, and “our” refer to otaku - for ambitious artists. otaku - for ambitious artists operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). otaku - for ambitious artists is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms and Conditions carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, using, or interacting with our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online stores. However, please note that the colors or appearance of products may differ from how they appear on your screen depending on the type of device used to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations shown in our online stores.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. otaku - for ambitious artists reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until otaku - for ambitious artists confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as otaku - for ambitious artists may not be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

The return or exchange of your purchases is governed exclusively by our Refund Policy [LINK].

You represent and warrant that your purchases are intended for your personal or household use only and not for commercial resale or export.

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping charges, handling fees, customs duties, or import fees.

Prices displayed in our online stores may differ from prices offered in our physical stores or in online stores and other shops operated by third parties. We may from time to time offer promotions associated with our Services that may affect pricing and are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account information and other details, including your email address and 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 provide 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 all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, branding, text, advertisements, images, graphics, product reviews, videos, audio files, and their design, selection, and arrangement, are the property of otaku - for ambitious artists, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any material on the Services. Except as expressly stated herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of otaku - for ambitious artists, Shopify, or any third party, nor shall anything be construed as granting such rights. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by otaku - for ambitious artists.

The names, logos, product and service names, designs, and slogans of otaku - for ambitious artists are trademarks of otaku - for ambitious artists or its affiliates or licensors. You may not use such marks without prior written permission from otaku - for ambitious artists. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

As part of the Services, you may be given access to customer tools provided by third parties. We do not monitor these tools and have no control or influence over them.

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 assume no liability for any damages arising from or related to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the relevant third-party tools.

We may also offer new features through the Services in the future, including the release of new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you access. If you leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not liable for any damages related to your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the policies and procedures of the third party and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

otaku - for ambitious artists is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our store are conducted directly with otaku - for ambitious artists. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and otaku - for ambitious artists, including any injuries, damages, or losses arising from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with otaku - for ambitious artists.

SECTION 10 – PRIVACY POLICY

All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal data relating to your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services will be transmitted and disclosed to Shopify and to third-party providers, who may be located in a country other than your country of residence, in order to provide services to you. For more information about how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].

SECTION 11 – FEEDBACK

If you send, upload, publish, submit by email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms and Conditions.

You further represent that: (i) you own or otherwise have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall remain under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.

We may monitor, edit, or remove Feedback that we, in our sole discretion, consider unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property rights or violates these Terms and Conditions, but we are not obligated to do so.

You agree that your Feedback will not infringe any rights of third parties. This includes copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene statements, or computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any other person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and without prior notice, and to change or update information or cancel orders if any information is inaccurate at any time, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, state, or local laws, regulations, rules, 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, disparage, intimidate, or discriminate against our employees or any other persons; (e) to submit false or misleading information; (f) to upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate the sending of advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited communications; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, in our judgment, may harm otaku - for ambitious artists, Shopify, or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services for spam, phishing, pharming, or pretexting purposes; (e) use robots, spiders, scraping tools, data mining or extraction tools, automated devices or processes, AI tools (such as agentic AI), or any automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, permit, enable, or authorize the use of an Agent to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or under the instruction of a person or entity and may operate on behalf of or using a person’s device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have instructed it to cease such access, use, or interaction.

14.3

We may, including through technical measures, restrict whether and how an Agent may access, use, or interact with the Services.

14.4

Agents:
(i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the request’s user-agent string: “Agent/[Agent Name]”.
(ii) may not conceal or obscure that access, use, or interaction originates from an Agent, including by (a) imitating human behavior or interaction patterns or (b) solving or bypassing CAPTCHAs or measures intended to distinguish computer usage from human usage;
(iii) must respond truthfully to questions or prompts intended to determine whether interactions originate from a human or a computer; and
(iv) may not circumvent or otherwise avoid measures intended to prevent, restrict, modify, or control whether and how Agents access, use, or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time and 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 termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance 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 Services, or by anyone who may be informed of any of their contents.

UNLESS EXPRESSLY STATED BY OTAKU4ARTISTS, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, OTAKU4ARTISTS, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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 SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless otaku - for ambitious artists, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, asserted by any third party arising out of or relating to (1) your breach of these Terms and Conditions or any documents incorporated herein by reference, (2) your violation of any law or the rights of a third party, or (3) your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that a delayed notice shall not relieve you of your obligations unless you are materially prejudiced by such delay. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals between you and us, whether oral or written, including any prior versions of the Terms and Conditions.

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, assign, or transfer this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and Conditions and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which otaku - for ambitious artists is located. You and otaku - for ambitious artists consent to the local and personal jurisdiction of such courts.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS

The most current version of the Terms and Conditions can always be viewed on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you in accordance with applicable law of any material changes to these Terms, and such changes will become effective on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to shop@otaku4artists.com.

Our contact information is provided below:

otaku4artists
shop@otaku4artists.com
Kantstraße 2a, 48351 Everswinkel, Germany
+49 2582 991660
VAT ID: DE181887827