Terms of Service

Welcome to Shimogai! These terms of service ("Agreement") apply to your use of our website and services (the "Site"). By using the Site, you agree to be bound by this Agreement, so please read it carefully. If you do not agree with this Agreement, you may not use the Site.

Content and Use

You agree not to upload, distribute, or publish any content, information, or other material through the Site that includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. Additionally, you agree not to post content that is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of the U.S. or the laws of any other country that may apply. You also agree not to violate or infringe upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.

Account Access

When you create an account on our Site, you will be given an account identification and password to enable you to access and use certain portions of the Site. You are responsible for all activities that occur under your account, including any purchases made through your account. You agree to keep your password and identification secure and confidential and to immediately notify us of any unauthorized use of your account or breach of security.

Age Restrictions

By accepting these Terms of Use, you certify that you are 18 years of age or older. If you are under 18 years old, please use this Site only under the supervision of a parent or legal guardian.

Limited License

Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any violation of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Intellectual Property

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business. We reserve the right to refuse service, terminate accounts, and/or cancel orders in our discretion, including, without limitation, if we believe that customer conduct violates applicable laws or is harmful to our interests. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing.

Changes to the Site and Agreement

We reserve the right to change the Site and this Agreement at any time. Your continued use of the Site after any such changes shall constitute your consent to such changes.

Termination

We may terminate your access to the Site at any time, with or without cause, with or without notice, effective immediately.

Limitation of Liability

In no event shall Shimogai, its affiliates, or its suppliers be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with the use or inability to use the Site, even if we have been advised of the possibility of such damages.

Governing Law

This Agreement and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law.

Dispute Resolution

Any dispute arising out of or related to your use of the Site or our products or services shall be submitted to confidential arbitration in the state of New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to, venue and jurisdiction in the state and federal courts of New York. Arbitration under this Agreement shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Waiver of Class Action Rights

By entering into this agreement, you hereby waive any right to participate in a class action lawsuit or class-wide arbitration. Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted.

Limitation of Liability

In no event shall Shimogai or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site or any information provided on this Site. As some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

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 site 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.