Terms of Service

Last Modified: September 23, 2020.

Effective: September 1, 2020.

Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) Carefully before using the www.kaguragames.com website (“Service”). This website is operated by Kagura Games LLC. Throughout the site, the terms “we”, “us”, and “our” refer to Kagura Games LLC.

Throughout the site, the terms “you” refers to anyone accessing the Service using Your Account.

We offer this website, including all information, tools, and services available from this site to you, the user. 

Your access to and use of the Service is conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. If you disagree with any part of the terms then you may not access the Service.

Rights to Use Services

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, 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. 

You affirm that you are at least 18 years of age and are fully able and competent to enter into the agreements outlined in these Terms of Service and to abide by and comply with these Terms. If you are under the age of 18, you are prohibited from submitting personal information to us and the use of the Services. 

You also represent that the jurisdiction from which you access the Services does not prohibit the receiving or view of sexually explicit content.

The Services are also not available to you if you have been previously restricted, removed, or barred from the Services by us.

By visiting our site and/or purchasing something from us, you engage in our “Service(s)” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms”) and our Privacy Policy, 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 site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of user-posted content.Any new features or tools which are added to the Service shall 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 Services following the posting of any changes constitutes acceptance of those changes.

Your Account

You are responsible for safeguarding your account credentials and for any activity resulting from the use of your account credentials or other activity on your account (“Account”) on the Service.

You represent and warrant that the information you provide us upon registration, at all other times will be true, accurate, current, and complete. We reserve the right to reject any information submitted to us without liability.

You agree to immediately notify us of any unauthorized use of your credentials or your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.

Products & Services

Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

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.

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 any third-party for any modification, price change, suspension or discontinuance of the Service.

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.

Access to Content

Users may access and/or purchase content (as defined below) through the Services in a few different ways including (i) Users may purchase certain content, or products, from us (“Purchasable Good(s)”) which are then unlocked on their Account if digital (“Digital Good(s)”), and delivered to them if physical (“Physical Good(s)”).

Returns & Refunds

All sales are final; unless there’s a special circumstance. Unless otherwise specified, any purchase from the Services or are not returnable after purchase.

Pre-Orders

All pre-orders are paid in advance and in full. Pre-order items are shipped on the release date listed on the product description. Pre-order items are subject to the return policy as specified on this Terms of Service. 

We reserve the right to change or delay a Purchasable Good’s release date at any time and for any reason.

Third-Party Vendors

Our Purchasable Goods may at times be listed for sale on third-party vendor services. 

Please note that purchases of our Purchasable Goods from third-party vendors do not grant you any promotional offers we may have included for the same item on our Services. Exclusive promotions, deals, bonus items, offers, or sales are restricted solely to our Services unless otherwise stated.

Purchasable Goods bought on third-party services do not guarantee you support from our Services. If you have purchased one of our Purchasable Goods from a third-party vendor, they must be the one to offer you support for your purchase. You agree that we are not responsible for purchases of our Purchasable Goods through third-party vendors.

Limitation of Liability

You agree by purchasing our Services or Purchasable Goods, through our website or through third-party services, that you waive the right to claim non-arrival of the purchased good.

Your Content

You agree that any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is considered “Your Content”. You agree to ensure us that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms. Your Content is your sole responsibility and we are not responsible for any material that you upload, post, or otherwise make available. We are not liable for any third-party obligations based upon Your Content. 

By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, non-exclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service.

We reserve the right to remove and permanently delete Your Content from the Service without notice for any reason.

We do not guarantee the accuracy, quality, or integrity of any user-posted content. By using the Service you agree and accept that you may be exposed to material you find offensive or objectionable. You agree that we will not be liable under any circumstances for any user-posted content.

Communications

We provide communication channels such as forums, messaging, and comments designed to enable you to communicate with other users of the Service. We have no obligation to monitor these communications but may do so in connection with providing the Service. You are solely responsible for your own interactions with other Service users and will exercise caution, and common sense, while using the Services and disclosing any personal information to other Service users.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any communications that you forward to us. We are and shall be under no obligation (1) to maintain any communications in confidence; (2) to pay compensation for any communications; or (3) to respond to any communications.

You agree that your communications will not contain libelous or otherwise unlawful, abusive or obscene material. You agree that your communication will not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.

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, obscene, objectionable, or that we determine to be a violation of any party’s intellectual property or these Terms of Service.

You agree that your communications and content will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal and/or proprietary rights.

Guidelines and Usage

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree to comply with the restrictions outlined in these Terms, as well as any additional restriction or rules outlined in the Service.

You agree to not use the Service to:

Violate any law or encourage or provide instructions to another to do so;

Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;

Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any similar malicious software or programs that may damage the operation of the Service or other users’ computers;

Attempt to obtain passwords or other private information from other users;

Infringe upon or violate our intellectual property rights or the intellectual property rights of others;

Spam, phish, pharm, pretext, spider, crawl, or scrape;

Circumventing any territorial restrictions applied by us or our licensors;

Copy, redistribute, reproduce, “ripping”, transferring, or making available to the public any part of the Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights in the Service or the Content or any part of it.

We reserve the right to determine what conduct we consider to be in violation of the Terms, guidelines, or improper use of the Service and to take action including the termination of your Account and exclusion from further access to the Service.

Third-Party Services

The Services may link to other third-party services. Such links are provided for reference only, and we neither control such websites nor endorse any of the material on any such website or any association with their operations. You agree that 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 services. 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.

Termination

You may terminate your Account at any time and for any reason by sending an email to [email protected]

We may terminate the agreement, your Account, and your access to the Services at any time and for any reason. We are not required to provide you with any prior notice or warning before any such termination. 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).

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

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.

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 or cancel the service at any time, without notice to you.

Limitation of Liability

In no case shall Kagura Games LLC, our directors, officers, employees, affiliates, agents, developers, 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. Our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify and hold Kagura Games LLC harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Services; (ii) your violation of any part of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right or any third-party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service.

As used in this section, “you” shall include anyone accessing the Service using Your Account.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and interpreted following the laws of the Santa Clara County in the State of California excluding the conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

Copyright

We respect the intellectual property of others and require our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or that your intellectual property rights have been other violated, please notify us of your infringement claim in accordance with the procedure below.

We will process and take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. Claims should be emailed to us at [email protected] (Subject line: “DMCA Takedown Request”). 

To be most effective, your claim must be in writing and contain the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim has been infringed is located on the Service, with enough details that we may find it on the Service;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your claim is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice

If you believe that your content that was removed is not infringing, or that you have the authorization from the copyright owner, the owner’s agent, or according to the law, to upload and use the content, you may send a written counter-notice containing the following information:

  1. An electronic or physical signature;
  2. Identification of the material that has been removed and the location at which the material appeared before it was removed;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed;
  4. Your name, address, telephone number, email address and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the DMCA and other applicable laws, we have adopted a policy to terminate the Account of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

U.S.C. Section 2257 Compliance Notice

All models, actors, actresses, and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions. Concerning all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content, or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website.

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.

Feedback

We appreciate and encourage our users to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at [email protected] or through the Contact Us of the Service.

You agree that all Feedback will be the sole and exclusive property of Kagura Games LLC and you hereby assign and agree to assign all rights, title, and interest you have in such Feedback to Kagura Games LLC together with all intellectual property rights therein.

Contact Us

Please feel free to contact us if you have any questions about the Terms of Service. You may contact us either via our Contact Us page or via electronic mail at [email protected]