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Jan. 06, 2009
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Terms and Conditions
By using the services on Otaku Japan Auction("Site") , you agree to the following user agreement between yourself and Otaku Japan Auction(pinkelephant). GENERAL TERMS You represent that you are legally competent to enter into and form binding contracts under applicable laws. You also represent and confirm that you are the sole and exclusive legal owner and hold bonafide title to all items, goods or products of any description that you wish to offer for sale on the Site. You agree to provide complete and correct information in relation to the use of this site. You are solely responsible for keeping your account number and password in a secure and safe place. Only you may use the password and account number assigned to you on registering. You are responsible for any purchases made using your account number and password should this information fall into unauthorized hands. You understand and agree to pay all moneys and/or fees associated with the use of the Site and are responsible for payment of all applicable taxes and other statutory levies which may be imposed by the relevant authorities from time to time. NOTE None of the provisions of these terms and conditions shall be deemed to constitute a partnership or agency between you and Otaku Japan Auction and you shall have no authority to bind Otaku Japan Auction in any manner whatsoever. PROHIBITED ITEMS You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade, or deal in any manner whatsoever, in any article, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. A list of indicative articles which are prohibited from dealing on this Site are stated here: Pornography Drugs, Narcotics, Psychotropic Substances, Intoxicants, Liquor, Tobacco products, medicines and habit forming substances, etc. Living creatures of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws. Banned items such as ivory, animal skins, furs and other animal products. Weapons and firearms. Any hazardous chemicals or items Articles likely to offend religious sentiments. Writings which are defamatory to any person. Shares, bonds, debentures. DISCLAIMER Otaku Japan Auction is only a meeting place for prospective buyers and sellers. Otaku Japan Auction cannot warrant or ensure that any transaction between users will be completed nor can it control the dealings between users of the Site. Otaku Japan Auction is not responsible for any non-performance or breach of any contract entered into between users and does not guarantee that any transaction concluded on the Site will be performed by the concerned users. This Site takes no responsibility to resolve any dispute or disagreement between users. Otaku Japan Auctione does not make any representation or warranty as to the attributes (such title, identity, quality, worth, marketability, etc.) of the items proposed to be transacted on the Site. A listing on the Site does in any manner imply an implicit or explicit endorsement of the items on the Site and this site accepts no liability for any errors or omissions, whether on behalf of itself or third parties. While transacting, you are advised to independently verify the bona fides of any particular user that you choose to deal with on the Site and use your best judgment in that behalf as this site does not have any means to authenticate the identity of the users. Otaku Japan Auction is not responsible for damages or delays as a result of products which are out of stock, back ordered or otherwise unavailable. All products are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, insurance etc. with the other registered users that you transact with. You release and indemnify Otaku Japan Auction and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Otaku Japan Auction cannot control the information provided by other users which is made available on the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. NO WARRANTY Otaku Japan Auction PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LIABILITY LIMIT IN NO EVENT SHALL Otaku Japan Auction BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, ITS SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). BREACH Without limiting other remedies, this Site may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide you with access to the Site for breach of this Agreement or the documents it incorporates by reference; Or if this Site is unable to verify or authenticate any information you provide; or if there are reasonable grounds to believe that your actions may cause legal liability to other users. MODIFICATION Otaku Japan Auction reserve the right to modify or discontinue the service anytime without prior notice. The Site will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can. If you do not wish to use the new operating rules or policies you should not continue to use the service. ELIGIBILITY FOR MEMBERSHIP Otaku Japan Auction is available only to individuals who can form legally binding contracts under applicable law, and over 18 years old. We require your full address and telephone number contact information on registration. Without limiting the foregoing, our services are not available to minors(You should be over 18 years old). If you do not qualify, please do not use our services. JURISDICTION This agreement is subject to the laws of Japan. All disputes, differences and claims arising out of this agreement shall be subject to Japanese Law. ACCEPTANCE OF AGREEMENT By transacting through Otaku Japan Auction or by availing of the services made available through this Site you agree to accept all the terms and conditions stated herein and in the Site pages, else, you may not enter this Site. --------------------------------------- PRIVACY POLICY Otaku Japan Auction Auctions is committed to protecting your personal privacy. We will not give out your telephone number or e-mail address, except when required to deliver a product or service you ordered. We will not give out your credit card number or any account information unless you authorize it. In other words, we will not rent or sell your name, address, email address, credit card information or personal information to any third party without your permission. This information is collected primarily to ensure that we are able to fulfill your requirements. Plus it enables us to provide you a truly personalized shopping experience. However, we must cooperate fully, should a situation arise, where we are required by law or statutory obligation or legal process to provide information about a customer. We may share non-personal, non-individual statistical or demographic information in aggregate form with our marketing partners, advertisers or other third parties for research and advertising purposes. This, in a nutshell, would mean that we will not give out information that you purchased a specific product but may reveal how many customers purchased a particular product. If you have purchased from our store or subscribed to one of our newsletters, we may occasionally update you via e-mail about new products, features or schemes on our site. We may also contact you if you have participated in one or more of our contests. If you choose not to receive updates when you enter a contest, it will not affect your chances of winning the same. If you wish not to receive the newsletters, simply send us a message from our Feedback section choosing unsubscribe as the subject. Smart Tips to Protect Online Privacy Never reveal your password to anyone online. Never give away your billing information except to facilitate a purchase. Your password should be at least six characters in length. It's best to create a password that includes a combination of digits and letters. If you have fallen for an online scam and revealed your password, change the password immediately. You can do this by entering the Member Services section and modifying user information. Once you've finished surfing through Otaku Japan Auction Auctions, do not leave the site open. The only way to log off from the site is to close the window.
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