All other trademarks or service marks are property of their respective owners. The use of any Otaku trademark, service mark or trade dress without Otaku's express written consent is strictly prohibited.
Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify Otaku immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Otaku or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
While Otaku takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL OTAKU OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER OTAKU WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent To Our Communication With You By Email. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Otaku to contact you at your email address. By entering into the sweepstakes, you are subscribing to any email communications from Otaku. To stop receiving our marketing emails, follow the opt-out procedures set forth in such marketing emails.
Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site via credit card, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are subject to the Shopatotaku.com Return Policies.
Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Otaku reserves the right at any time after receipt of your order to accept or decline your order for any reason. Otaku further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Otaku upon our delivery of products or services that you have ordered. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Otaku is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
Pricing May Differ from Retail Stores. Pricing on the Shopatotaku.com Site may vary from Otaku retail store sale pricing. Many titles are always ON SALE at the Shopatotaku.com Site, and we may advertise the existing sale price to bring attention to specific product without changing the existing sale price. Sorry, Otaku cannot adjust an existing order for a current sale price; although Otaku reserves the right to determine if sale pricing will apply and to adjust pricing.
No Responsibility To Sell Mispriced Products Or Services. Otaku shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Otaku shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Otaku shall immediately issue a credit to your credit card account in the amount of the charge.
Modifications to Prices or Billing Terms. OTAKU RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.
Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF OTAKU'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, OTAKU EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SHOPATOTAKU.COM SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
Policy to Terminate Privileges for Copyright Infringement. In accordance with the Digital Millennium Copyright Act, Otaku has adopted the following policy toward copyright infringements on the Shopatotaku.com Site:
"Otaku will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site."
Procedure for Reporting Copyright Infringements:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Otaku's copyright agent the a formal Notice of Copyright Infringement, as specified below. Please note that this procedure is exclusively for notifying Otaku and its affiliates that your copyrighted material has been infringed. A formal Notice of Copyright Infringement, containing the following information, should be submitted to the Designated Copyright Infringement Agent:
Identification of what is being infringed
Where the infringements are located
Who is complaining
How he or she may be contacted
A statement of good faith belief that the material is infringing
A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder
Send the Notice of Copyright Infringement to the following Designated Copyright Infringement Agent for Shopatotaku.com:
Copyright Agent of Shopatotaku.com
Otaku - Anime, Snacks & Collectibles LLC.
1072 Spring Hill Mall #1564
West Dundee, IL 60118
Or via email to: firstname.lastname@example.org
Once this information is received, the following action will be taken:
The infringing material or site will be blocked.
The infringing user will then be immediately notified of the situation.
In the case of first-time offenders, the infringing material will be removed.
To the extent possible, repeat offenders will be removed permanently from the system.
The user may supply a counternotice which must include the following:
A statement that the user has a good faith belief that the removal was a result of a misidentification on our part
A complete listing of the user's contact information
A consent to jurisdiction in Federal Court
If this counternotice is received by the Shopatotaku.com Copyright Agent, a copy of the counternotice will be sent to the original complaining party.
The user's material and access will be restored in 10 to 14 days unless the Shopatotaku.com Copyright Agent is informed that a lawsuit has been filed over the infringing material.
PRIVACY & SAFETY
• Visit the Otaku website (“Sites”);
• Interact with us offline, such as in our physical retail stores, by telephone, or at in-person events (“Offline Activity”).
The Sites, and Offline Events are collectively referred to as the “Services.”
1. WHAT INFORMATION DO WE COLLECT?
Otaku collects information that identifies, describes, or is reasonably capable of being associated with you (“Personal Information”) and may include the following kinds of information to the extent they identify you or your household:
• Personal identifiers, such as your name, date of birth, phone number, email address, postal address.
• Financial and commercial information, such as your payment card number, billing address, and related financial information. We also collect transaction information such as your purchasing history.
• Account information, if you choose to create an account or enroll in one of our loyalty programs we also collect your account number, username and password, and similar data.
• Audio, electronic, and visual information, such as photos and other information you post on our Sites or Apps. This includes information you provide from your social networking sites, such as social media account ID, profile photo, and other data made available when you choose to link your social media accounts or loyalty accounts.
• Internet network activity, such as how you use our Sites or Apps, the products you have viewed, and what website you visit when you leave. We also collect information through cookies and similar technologies that may capture your internet protocol (IP) address, personal device identifiers, the type of browser you are using, your operating system, ISP information, and similar online identifiers. See the Section below on Cookies for more information about how we collect information about your online activity.
• Geolocation information from your IP address, which links to the region you live in, or if your location settings on your device are set to share your location with us.
Personal Information does not include publicly available information in government records or any data that has been deidentified, aggregated, or otherwise anonymized.
2. WHERE DO WE COLLECT INFORMATION FROM?
We collect your Personal Information from the following sources:
• You, when you buy something; register or create an account; request information from us; sign up for our newsletters or email list; enter a contest, sweepstakes or other promotion; fill out a survey; request customer support; communicate with or contact us; or otherwise use the Services.
• Cookies and similar website interaction technologies, when you use our Sites or Apps as described in the section on Cookies below.
• Social media platforms, when you interact with us on social media. For example, the Services may give you the option to link to your Facebook or other social media account, follow us, or share content on our account, your account, or your friends’ account. Based on the way you have set your privacy settings on your social media accounts, most social media platforms, like Facebook, analyze data about how you interact with our Services and combine it with information on other users to provide us information about your name, profile name, demographic information, contact information, region, interests, and usage data. In addition, we may receive information about you if other users interact with us on social media and information about you is visible to us, for example the fact that you are “friends” or other public-facing profile information.
• Business partners, if they either have your consent or another legal basis to share your information with us. If you provide your personal information to other businesses, we do not control how they treat your information and are not responsible for their conduct. Instead, you should look to those businesses’ policies and notices to understand how they treat your information and how to exercise your rights.
3. HOW DO WE USE THE INFORMATION WE COLLECT?
• Provide you with products, information, or services that you have requested or agreed to receive, such as processing and delivering your orders;
• Process your registration for accounts, including by verifying that your email address is active and valid;
• Contact you with information, newsletters, and promotional materials from Otaku or on behalf of our third-party partners and affiliates;
• Enable you to participate in a variety of features on our Sites, such as sweepstakes, message boards, other communication features, user-generated content functions, and interactive features;
• Enable you to interact and connect with third-party services like social media platforms;
• Enable you to invite friends to use our Services, for example when you send someone else a communication through the Services, like an invitation to a friend, we use the information you provide (e.g., your friend’s name and e-mail address) to send the invite;
• Address problems with the Services, such as technical errors, bugs, and to prevent unauthorized activity;
• Analyze and understand how you use and interact with our Services to develop new products or services, or enhance or improve our existing content, products, and services;
• Improve user experience and enable customizations;
• Provide you with targeted offers and advertising;
• Prevent and detect crime or fraud; and
• Operate our day-to-day business.
We will not use the personal information we collect for materially different purposes without first making reasonable efforts to notify you.
4. WHEN DO WE DISCLOSE INFORMATION?
To accomplish the purposes listed above, we share the information we collect with:
• Service providers, including businesses, professionals, or technical support providers to help us operate our business and the Services by doing things like processing your payment and shipping your order, or analyzing sales data to help us develop new products.
• Third Parties Promoting Sweepstakes, Contests, and Other Promotions, if you choose to enter one of our promotions, we may disclose your information to third parties or the public in connection with running the promotion or announcing winners.
• Co-sponsors, when you use certain areas of our Sites and Apps, you may be interacting with third parties, such as advertisers that provide products and services or rewards programs. We may share information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service.
• Marketing Partners, such as vendors who help us place ads, customize them to certain audiences or users, understand whether those ads are successful, and improve our marketing efforts. We may also share with our marketing partners that may have offers of interest to you.
• Aggregate or Anonymous Non-Personal Information, we may aggregate, anonymize, or de-identify your Personal Information and share it with third parties for marketing or analytics. Data that is aggregated, anonymized or de-identified is not Personal Information as that term is defined under California law.
If there are instances when we need to disclose your information, we will provide you information about what categories of parties may receive your Personal Information at that time.
A Cookie is a small piece of text that is placed on your website browser, device, or hard drive when you visit a website or use an application. These include our own first-party Cookies as well as third-party Cookies of our service providers and marketing partners. Cookies serve a variety of functions, like enabling us to remember your log-in information when you visit our Sites. You can find out more about Cookies in general and how they work at Cookiepedia.
What Information Do Cookies Collect?
Cookies collect online identifiers such as your IP address, device identifier, advertising identifier, or similar unique digital identifier. Cookies use these online identifiers to track your commercial activity, such as products or services purchased or considered, internet activity, including browsing history, search history, and information regarding your interaction with our Sites, or a given advertisement. Finally, this information may be used by Otaku or our marketing partners to draw inferences and create a profile about your consumer preferences or trends.
What Types Of Cookies Do We Use?
• Strictly Necessary. These Cookies are necessary to make the Sites and Apps run and enable basic functions like page navigation. They also help us identify and control trusted web traffic, as well as detect and prevent fraud or malicious activity. Finally, they ensure the Sites responds to your instructions, such as remembering items you have added to your cart.
• Performance and Analytics. Cookies help us analyze how you interact with our Sites and Apps to improve user experience and functionality.
• Advertisements. Cookies allow us and our marketing partners to deliver advertisements that are relevant and meaningful to you. Some of our marketing partners may use these cookies to build a profile of your interests, target advertising on our Sites or others, and measure the efficiency of advertisements.
How Can You Manage Cookies?
If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set. If you block cookies, certain features on our website may not work. For more information on how you can customize your browser’s cookie setting please visit the link to your web browser below:
You may opt-out of interest-based advertising in general by visiting the Digital Advertising Alliance’s, or Network Advertising Initiative’swebsites. We are not responsible for the completeness, effectiveness, or accuracy of any third party opt-out options or programs.
6. YOUR CHOICES AND OPT-OUTS
We provide our customers with the opportunity to opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service under certain circumstances.
To opt-out of marketing communications, please use one of these convenient methods:
• Email Offers, if you do not want to receive marketing emails from us click the unsubscribe link in the footer of the marketing email.
• Telemarketing, if you do not want to receive marketing text messages from us, please inform us that you no longer want to receive texts from Otaku by replying STOP to a text message from us.
• Other Offers, if you do not want to receive marketing communications from one or more within the Otaku family, you must opt-out individually from each of the from which you are receiving brand-specific marketing communications. Your instructions to limit the use of your information for these purposes will be processed as soon as reasonably practicable. Additionally, we are not responsible for informing third parties (including without limitation our third-party service providers or partners) with whom we have already shared your Personal Information of any changes requested pursuant to this section.
You can verify, correct, or update certain information associated with your account by logging into your profile. You are responsible for maintaining the accuracy of this information.
7. THIRD-PARTY CONTENT, LINKS, AND PLUG-INS
8. PUBLIC FORUMS
Any information you may disclose on our Sites, in blogs, on message boards, in chat rooms, or on other public areas on the Sites or Apps or other third-party websites that the Sites or Apps may link to, becomes public information. Please exercise caution when disclosing Personal Information in these public areas.
9. CHILDREN’S PRIVACY
Protecting children’s privacy is important to us. We do not direct the Sites or Apps to, nor do we knowingly collect any Personal Information from, children under the age of thirteen. If Otaku learns that a child under the age of thirteen has provided Personal Information, we will use reasonable efforts to promptly remove such information.
10. DATA STORAGE
Your Personal Information may be stored on servers in the United States and is subject to the laws of the United States, where the data protection and other laws may differ from those of other countries. Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate.