Conditions of Us
Last updated: November 9th, 2019
Welcome to KaChu's Diary.
Please review our Privacy Notice.
All content included in or made available, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations and software, is the property of KaChu's or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any KaChu's Service is the exclusive property of KaChu's and protected by R.O.C. .
KaChu's Diary, KaChu's Share, and other KaChu's graphics, logos, page headers, button icons, scripts, and service names included in or made available through any KaChu's Service.
If you use any KaChu's Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. KaChu's does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the KaChu's Services only with involvement of a parent or guardian. KaChu's reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, photos, videos, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. KaChu's reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant KaChu's a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant KaChu's and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KaChu's for all claims resulting from content you supply. KaChu's has the right but not the obligation to monitor and edit or remove any activity or content. KaChu's takes no responsibility and assumes no liability for any content posted by you or any third party.
KaChu's respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All items purchased from KaChu's are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
KaChu's does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, KaChu's does not take title to the refunded item. For more information about our returns and refunds, please see R.O.C returns.
KaChu's attempts to be as accurate as possible. However, KaChu's does not warrant that product descriptions or other content of any KaChu's Service is accurate, complete, reliable, current, or error-free. If a product offered by KaChu's itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold on the Websites, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
KaChu's Software Terms
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with BOP Services (the “KaChu's Software”).
SANCTIONS AND EXPORT POLICY
You may not use any KaChu's Service if you are the subject of R.O.C sanctions or of sanctions consistent with R.O.C law imposed by the governments of the country where you are using KaChu's Services. You must comply with all R.O.C or other export and re-export restrictions that may apply to goods, software (including KaChu's Software), technology, and services.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. KaChu's does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
By using any KaChu's Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and KaChu's .
Any dispute or claim relating in any way to your use of any KaChu's Service, or to any products or services sold or distributed by KaChu's or through the Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of KaChu's Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KaChu's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying KaChu's that your copyrighted material has been infringed. KaChu's terminates the accounts of repeat infringers.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Use of the KaChu's Software. You may use KaChu's Software solely for purposes of enabling you to use and enjoy the KaChu's Services as provided by KaChu's , and as permitted by the Conditions of Use and any Service Terms. You may not incorporate any portion of the BOP Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (expect to exercise rights granted in this section), modify, created derivative works of, distribute, assign any rights to, or license the KaChu's Software in whole or in part. All software used in any BOP Service is the property of KaChu's or its software suppliers and protected by United States and international copyright laws.
- No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the KaChu's Software, whether in whole or in part.
- Updates. In order to keep the KaChu's Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Conflict. In the event of any conflict between these Conditions of Use and any other KaChu's or third-party terms applicable to any portion of KaChu's Software, such as open-source license terms, such other terms will control as to that portion of the KaChu's Software and to the extent of the conflict.