Terms & Conditions
Welcome
to the website of nanami.ca (the "Site" or the “Service”), operated
and owned by nanami.ca ("us", "we", or "our").
Please read these Terms and Conditions ("Terms") carefully before
using or purchasing products on the Site.
Your
access to and use of the Site is conditioned upon your acceptance of and
compliance with these Terms. These Terms apply to all users of the website,
including without limitation users who are browsers, visitors, vendors,
customers, merchants, and/or contributors of content. If you disagree with any
part of the Terms, then you do not have permission to access the Site or use
any of the Service.
We
reserve the right to update, change, or replace any part of these Terms and
Conditions at any time. Such changes are effective immediately upon posting to
the website. You can review the most current version of the Terms at any time
on this page. It is your responsibility to check this page periodically for
changes. Your continued use of or access to the Site following the posting of any
changes constitutes acceptance of those changes.
PURCHASES
If
you wish to purchase any product or service made available through the Service
("Purchase"), you may be asked to supply certain information relevant
to your Purchase including, without limitation, your credit card number, the
expiration date of your credit card, your billing address, and your shipping
information.
You
represent and warrant that: you have the legal right to use any credit card(s)
or other payment methods in connection with any Purchase and that the
information you supply to us is true, correct and complete. We reserve the
right to refuse or cancel your order at any time for reasons including but not
limited to product or service availability, errors in the description or price
of the product or service, error in your order, or other reasons. We reserve
the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected.
PRODUCTS OR SERVICES
We
reserve the right but are not obligated to limit the sales of our products or
Services to any person, geographic region, or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of products
or product pricing are subject to change at any time without notice, at our
sole discretion. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where
prohibited. We 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.
RETURNS
We
will accept unopened and unused items within 14 days of the purchase date. If
the 14 days are exceeded, we cannot accept the return. We ask that you notify
us of any problems by the next business day after receipt of your order.
In
no event will any replacement or refund constitute an admission of any kind by nanami.ca.
We reserve the right to fully investigate claims that we believe may be
unfounded or fraudulent. If you have any questions regarding returns, please
review our return policy for further assistance.
ACCURACY, COMPLETENESS, AND TIMELINESS
We
are constantly updating product and service offerings on the Service and may
experience delays in updating information on the Service and in our advertising
on other websites. We are not responsible if information made available on this
Site is not accurate, complete, or current. The material on this site 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 or update the contents of the Site and to correct
errors, inaccuracies, or omissions at any time without prior notice. You agree
that it is your responsibility to monitor changes to our site.
USER COMMENTS, FEEDBACK, AND OTHER
SUBMISSIONS
All
comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted, or offered to nanami.ca. on or by this Site or otherwise
disclosed, submitted, or offered in connection with your use of this Site
(collectively, "Comments") shall be and remain nanami.ca’s property.
Such disclosure, submission, or offer of any Comments shall constitute an
assignment to nanami.ca. of all worldwide rights, titles, and interests in all
copyrights and other intellectual properties in the Comments. Thus, nanami.ca.
will own exclusively all such rights, titles, and interests and shall not be
limited in any way in its use, commercial, or otherwise, of any Comments.
You agree
that nanami.ca may use and/or disclose information about your demographics and
use of the Site in any manner that does not reveal your identity. By
participating in Site sweepstakes, contests, promotions, and/or requesting
promotional information or product updates, you agree that nanami.ca may use
your information for marketing and promotional purposes and 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.
We
may, but have no obligation to, monitor, edit, or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms.
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
libelous or otherwise unlawful, abusive, or obscene material, or 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 email 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 posted by you or any third party.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice. We reserve the right 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.
ACCOUNTS
When
you create an account with us, you guarantee that you are above the age of 18
and that the information you provide us is accurate, complete, and current always.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on the Service.
You
are responsible for maintaining the confidentiality of your account and
password, including but not limited to the restriction of access to your
computer and/or account. You agree to accept responsibility for all activities
or actions that occur under your account and/or password, whether your password
is with our Service or a third-party service. You must notify us immediately
upon becoming aware of any breach of security or unauthorized use of your
account.
You
may not use the name of another person or entity or that is not lawfully
available for use, a name or trademark that is subject to any rights of another
person or entity other than you, without appropriate authorization as a
username. You may not use any name that is offensive, vulgar, or obscene as a
username. We reserve the right to refuse service, terminate accounts, remove,
or edit content, or cancel orders in our sole discretion.
INTELLECTUAL PROPERTY
Unless
otherwise noted, all materials including images, illustrations, designs, icons,
photographs, videos, video clips, and written and any other materials that
appear as part of this Site (collectively, the "Contents") are
protected by copyrights, trademarks, trade dress, and/or other intellectual properties
owned, controlled or licensed to nanami.ca collectively, its subsidiaries
and/or affiliates. The Site is protected by copyright and trade dress, all
worldwide rights, titles, and interests in and to which are owned by nanami.ca.
nanami.ca may prosecute infringement to the full extent permitted under
applicable law.
The
Service, our trademarks, trade dress, and any content may not be used in
connection with any product or service without the prior written consent of
nanami.ca.
PROHIBITED USES
You
are prohibited from using the Site 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.
LINKS TO OTHER WEBSITES
Our
Service may contain content, products, and services to third party websites or
services that are not owned or controlled by nanami.ca. 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.
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 guarantee, represent,
or warrant the results that may be obtained from the use of the Service. 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 and services 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 nanami.ca, 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 products procured using the Service, 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.
INDEMNIFICATION
You
agree to defend, indemnify, and hold harmless nanami.ca and its subsidiaries,
affiliates, partners, licensee and licensors, contractors, subcontractors,
service providers, employees, interns, agents, officers and directors, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees), resulting
from or arising out of your use and access of the Service, by you or any person
using your account and password, or a breach of these Terms.
SEVERABILITY
In
the event that any provision of these Terms 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, such determination shall not affect
the validity and enforceability of any other remaining provisions.
TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes.
These
Terms are effective unless and until terminated by either you or us. You may
terminate these Terms at any time by notifying us that you no longer wish to
use our Services, or when you cease using our site.
If
in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms, we also may terminate this agreement
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).
ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. These Terms 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). Any
ambiguities in the interpretation of these Terms shall not be construed against
the drafting party.
GOVERNING LAW
By
using the Service, you agree that the Federal Arbitration Act, applicable
federal law, and the laws of Wyoming, without regard to principles of conflict
of laws, will govern these Terms and Conditions of Use and any dispute of any
sort that might arise between you and nanami.ca. Our failure to enforce any
right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our service and supersede
and replace any prior agreements we might have had between us regarding the
Service.
CHANGES
You
can review the most current version of the Terms at any time at this page.
We
reserve the right, at our sole discretion, to update, change or replace any
part of these Terms 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.
By
continuing to access or use our Service after any revisions become effective,
you agree to be bound by the revised terms. If you do not agree to the new
terms, you are no longer authorized to use the Service.
For further assistance, please contact us by emailing: service@nanami.ca