TERMS OF SERVICE

OVERVIEW

This website is operated by MindGeek USA Incorporated. Throughout the site, the terms “we”, “us” and “our” refer to MindGeek USA Incorporated. We offer this website : https://store.nutaku.net/ (the “Website”), including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Website, purchasing or attempting to purchase a product or a service offered for sale by us on the Website (a “Product”) or by otherwise using our Website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store on the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

Our Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Products and services to you.


SECTION 1 - ONLINE STORE TERMS

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.

You may not use our Service and the Products bought from us for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

Any attempt or actual breach or violation of any of the Terms may result in the termination or suspension of your access to all or parts of the Website and the Service.


SECTION 2 - GENERAL TERMS AND CONDITIONS

We reserve the right to refuse access or use of our Service to anyone for any reason at any time.

We and our associated logos, names graphics, page headers, button icons, scripts, and Service names are our trademarks (the “Trademarks”). The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Other trademarks, service marks, names and logos used on or through the Website, such as trademarks, service marks, names or logos associated with third parties, are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

We grant you a limited license to access and make personal use of the Website, and not to download (other than page caching) or modify it, or any portion of it, except with our prior express written consent. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

The Service and the Website or its contents or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You agree not to frame or use framing techniques to enclose any Trademarks or our other proprietary information (including images, text, page layout, or form) without our prior express written consent. You also shall not use any meta tags or any other "hidden text" using our name or Trademarks without our prior express written consent. Any unauthorized use terminates the permission or license granted by us in these Terms. You are only granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website’s home page, if the link does not portray our Products or us in a false, misleading, derogatory, or otherwise offensive matter, in our sole discretion.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify, withdraw or amend the Website, our Service or other material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website and to users. You agree that it is your responsibility to monitor changes to our Website.


SECTION 4 - 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 the 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 of the Service.


SECTION 5 – PRODUCTS AND PAYMENT TERMS

Purchases through the Website can be made by credit cards (Visa, Mastercard, American Express, Discover, Jcb, Diners Club) or other payment services such as Shopify Pay, Apple Pay, Google Pay or PayPal Express Checkout and are processed through our third-party Internet payment service provider. By purchasing Products through the Website, you hereby consent and agree to abide by such third-party Internet payment service provider’s customer terms and conditions, and privacy policies, and understand that we have no control whatsoever on such customer terms and conditions, and privacy policies. IF YOU CANNOT AGREE to such third-party Internet payment service provider’s customer terms and conditions or privacy policies, DO NOT PURCHASE ANY PRODUCTS. You are responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchases and you authorize us and our third-party Internet payment service provider to charge your credit card/other payment service used for any such taxes and fees. Purchases through the Website are payable in advance and prior to shipping of any Products. If your credit card/other payment service used cannot be charged for any reason, we reserve the right to suspend or terminate your purchase. All Products’ prices on the Website are displayed in US Dollars and all sales and payments will be in US Dollars. Both our third-party Internet payment service provider and us reserve the right to modify the accepted payment methods for purchases through the Website at any time without notice to you.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include, without limitation, orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Certain Products may be available exclusively online through the Website. These Products may have limited quantities and are subject to return, exchange or refund only according to our Return, Exchange and Refund policy available at the following link: https://store.nutaku.net/pages/refund-policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear on this Website. We cannot guarantee that your computer monitor's display of any color will be accurate.

All sizes and measurements are approximate, however we do make every effort to ensure they are as accurate as possible. We will take all reasonable care to ensure that all details, descriptions and prices of Products on the Website are correct when we entered the relevant information onto the system. We reserve the right to refuse orders where Product information has been incorrectly published, including without limitation, prices and promotions.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We do not ship Products to some countries because of legal restrictions or shipping carrier limitations, such as Crimea, Cuba, Iran, Syria and North Korea and this list might change from time to time. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product made on this Website is void where prohibited.

We do not warrant that Product descriptions or that other content of Website are accurate, complete, reliable, current, or error-free.

We also do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.


SECTION 6 – ACCOUNT AND ACCURACY INFORMATION

To use our Service, you may be asked to provide certain account details, purchase information or other information. It is a condition of your use of our Service that all the information you provide on the Website is correct, current and complete. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree that all information you provide to us using the Service or otherwise is governed by our Privacy Policy available at the following address https://store.nutaku.net/pages/cookies-and-privacy (the “Privacy Policy”), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: store@nutaku.net. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Website or others due to such unauthorized use.

If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.



SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party 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 Website 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 services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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 carefully the third-party's policies and practices 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 - FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments 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 comments will not 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 e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information using our Service is governed by our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate, without limitation, to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times and/or 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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products delivered to you through the Service are (except as expressly stated by us) 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.

In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 any of the Service or any Product, or for any other claim related in any way to your use of the Service 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 Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

We also do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or our Service or any hyperlinked services or featured in any banner or other advertising, and, we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers or products or services.



SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, successors and assigns harmless from and against any and claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service and/or the Products; (ii) your violation of any term of these Terms of Service or the documents they incorporate by reference; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your violation of any law.

This defense and indemnification obligation will survive these Terms and your use of the Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.


SECTION 15 - 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 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).



SECTION 17 - 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 Website or in respect to the Service constitutes 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 18 - GOVERNING LAW AND DISPUTE RESOLUTION

Please carefully read the following arbitration agreement further described in this Section 18 (the “Arbitration Agreement”).

You agree that these Terms, your use of our Service, your use of our Products, and the relationship between you and us shall be governed by the laws of the State of California, without regard to conflict of law rules. These laws shall apply no matter where in the world you reside.

Any dispute, controversy or claim arising from or relating to the Terms, our Products, our Service and the relationship between you and us (“Claims”) will be resolved by final and binding arbitration, rather than in court, settled by one (1) neutral arbitrator with the power to award the same damages and relief that a court can (“Arbitration”). Notwithstanding the aforementioned, you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and you or us may seek equitable relief in court for infringement or other misuse of intellectual property right (such as trademarks, domain names, trade secrets, trade dress, copyrights, etc.).

The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of this Arbitration Agreement. In order to begin an Arbitration proceeding, you must send a letter requesting arbitration and detailing your Claim and the relief/damages you seek at the following address: 2300 West Empire Avenue, Burbank, CA, 91504, United States. The arbitration will be conducted by JAMS. Claims under $250,000 USD (not including interest or attorney’s fees) shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/. Claims over $250,000 USD (not including interest or attorney’s fees) shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at https://www.jamsadr.com/rules-comprehensive-arbitration/. If JAMS is not available to arbitrate, Arbitrations will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at that time, available at https://www.adr.org/Rules. If AAA is not available to arbitrate as well, we will select an alternative arbitral forum. All Arbitration will be conducted in the English language and all documents and testimony offered into evidence during the arbitration must be translated into English at the expense of the party offering the evidence. All Arbitration will be held and conducted in Los Angeles, California, unless otherwise agreed by you and us.

ANY ARBITRATION WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CLASS ARBITRATIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS OR ACTIONS (“CLASS ACTIONS”) ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND THESE TERMS, (1) YOU ARE WAIVING ANY CONSTITUTIONAL AND STATUTORY RIGHTS YOU MAY HAVE TO SUE US IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY AND/OR (2) TO INITIATE OR PARTICIPATE IN A CLASS ACTION AGAINST US. In the event that this subparagraph is deemed invalid or unenforceable, Claims shall be resolved in a court as set forth in the following subparagraph.

To the extent the parties are allowed under these Terms to initiate litigation in court, both you and us agree that Claims will be exclusively litigated in either a small claims court of competent jurisdiction or the state or federal courts located in the city of Los Angeles, California.

If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced

For interpretation purposes of this Arbitration Agreement, references to both you and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns.

This Arbitration Agreement shall survive the termination of these Terms and your relationship with us.

SECTION 19 - 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. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at store@nutaku.net or by mail using the details provided below:

2300 West Empire Avenue, Burbank, CA, 91504, United States