Terms of Service

Welcome to Nippon Kinky. Please read these Terms of Service and our Privacy Policy carefully before using our Services.

By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms of Service will govern your relationship with Nippon Kinky. If you do not completely agree to these Terms of Service then you must not use any of our Services.

1. Definitions

“Dispute” means, any controversy related to these Terms, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.

“Company” means, Nippon Kinky. References to “Us,” “We,” or “Our” means Nippon Kinky, including any and all subsidiaries parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include Company Affiliates or third parties (analytics or ad tech companies, or similar organizations).

“Company Affiliate” (or “Company Affiliates”) means, Company’s third-party content providers, distributors, licensees, or licensors.

“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, registrable or otherwise, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

“Notice” means, a delivered writing by e-mail or courier delivery to the other party at their respective address and will be effective upon receipt.

“Privacy Policy” means, Company’s policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website.

“Service” (or “Services”) means any website provided by Company and Company Affiliates, including without limitation the following websites and all sub-pages thereof: www.nipponkinky.com.

“Terms of Service” (or “Terms”) means, the terms, conditions, obligations, covenants, representations, and warranties set forth herein.

2. Ownership and Limited License

You acknowledge you will not directly or indirectly:

i) Partake in any activity or action that Company deems to be against the spirit or intent of the Services;

ii) Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute the Services or any other material obtained through the Services;

iii) Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including without limitation access to or use of the Services;

iv) Delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services;

v) Attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Company itself or Company Affiliates;

vi) Organize or participate, in conjunction with your use of the Services, in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Company;

vii) Initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person’s use or enjoyment of the Services;

viii) Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, or Company;

ix) Use of access services to obtain, generate, or infer any business information about Company or Company Affiliates, including without limitation information about sales or revenue, staff, technical stack, or statistics about users;

x) Promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, or errors, except for the sole purpose of privately and directly notifying Company;

xi) Make available through the Services any material or information that infringes any intellectual property right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Company employees;

xii) Attempt to gain unauthorized access to Services; and

xiii) Use the Services where it is prohibited by law.

3. Term

Unless modified or amended by Company, these Terms and its provisions shall remain in full force and effect. Termination of any license granted by Company under these Terms does not affect any other provisions of these Terms.

4. Access and Permissible Assignment

a) Account. To use the Services, “Users” may set up an individual account (“Account”). You must set up an Account to purchase merchandise. To create an Account, you must be 18 years old. Each Account, regardless of the type, includes a unique and complex password (“Password”) used to access your Account. You are solely responsible for maintaining the confidentiality and security of your Account and Password. Such security includes, but is not limited to restricting access to your computer, laptop, tablet, or mobile device that you use to access the Services and/or where such Password may be stored. You agree not to assign or otherwise transfer your Account to or share your Password with any other person or entity. You acknowledge and agree that Company is not responsible for third-party access to your Account that results from theft or misappropriation of your Password or other Account credentials. Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider. You hereby acknowledge and agree that any action taken under your Account will be presumed to have been authorized by you and that you are solely responsible for all activities and actions that occur under the auspices of your Account.

b) You may deactivate or delete your Account at any time by following instructions provided in the Services or by contacting [email protected].

c) By using the Services, you warrant and represent that you are at least 18 years of age.

d) If you have been previously banned from using any Company Services then you may not use our Services.

5. Service Availability and Termination

a) You acknowledge that:

i) Company may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, or upgrades related to any part of the Services;

ii) Company has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services at any time, for any reason, without Notice and without liability to you;

iii) Access to the Services may be interrupted for reasons within or beyond the control of Company, and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so;

iv) Company may not offer the Services in all countries or geographic locations;
You are solely responsible for any internet connection and/or mobile fees that you may incur as a result of using our Services.

b) Merchandise.

i) Users may purchase certain merchandise via the Services. Company shall make such merchandise available, from time to time, in its sole discretion.

ii) YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT A BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION AND COMPANY HAS NO CONTROL OVER THE CONDUCT OF OR ANY INFORMATION PROVIDED BY ANY PAYMENT PROCESSOR AND COMPANY HEREBY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

iii) Refunds or Replacements. Company may in its sole discretion, issue refunds, or send replacement parts or replacement items to customers that purchase defective or otherwise unacceptable merchandise, if the purchased item is defective upon receipt. If more than 10 days have passed since receiving your products without notifying us of a defect, you will not be eligible for a refund or replacement. Any defects or claims on already used products or products that have been interacted with in in any way, are not acceptable due to the nature of Adult and Sex Toys.

You hereby acknowledge and agree that fees charged by Payment Processors to process payments are at all times non-refundable for any reason. If you believe you have received a defective product, please contact us at [email protected].

iv) Returning. The company accepts the return of any unopened any unused products within 10 days. The first day of those 10 days will be the day after you receiving your products via courier or mail service. Costs for returning have to be covered by the you and under no circumstances is the company accepting liability for any of those costs unless a defective item has been delivered as explained under section iii) of 4. Access and Permissible Assignment.

6. Intellectual Property

a) All content included as part of the Services, including but not limited to, text, graphics, logos, images, as well as the compilation thereof, the look and feel of the Services, including, without limitation, the text, graphics, code, and other materials contained hereon is property of the Company or its third party suppliers, or is rightfully used subject to a license agreement and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

b) You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works of, or in any way exploit any of the content, in whole or in part, provided on, transmitted through, or found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any such content, and in particular you shall not delete or alter any proprietary rights or attribution notices in such content. You shall use the content provided through, transmitted through, and found on the Services solely for your personal use, as outlined in these Terms, and will make no other use of the Content without the express written permission of the Company and/or related third party owners of such content. You acknowledge and agree that you do not acquire any ownership rights in the content provided through the Services. Except as provided herein, these Terms do not grant any licenses, express or implied, to such content or any other intellectual property of the Company, its licensors, or any third-party owner.

7. Links to Third Party Sites and Services
The Services may contain links to third party websites (“Linked Sites”). The Linked Sites are not under the control of Company or any part of the Services. Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the website or any association with its operators.

8. Disclaimer, Warranty, and Liability
YOU ACKNOWLEDGE THAT COMPANY AND COMPANY AFFILIATES ARE NOT LIABLE

(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES; OR

(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE SERVICES AND ANY MERCHANDISE ARE PROVIDED BY COMPANY TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF COMPANY AND/OR COMPANY AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO COMPANY AND/OR COMPANY AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

IF YOU HAVE NOT PAID COMPANY OR ANY COMPANY AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH COMPANY AND/OR ANY COMPANY AFFILIATE IS TO CEASE USING THE SERVICES.

YOU REPRESENT AND WARRANT THAT YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A JAPANESE GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE JAPANESE GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY, AND YOU ARE NOT LISTED ON ANY JAPANESE GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

9. Indemnity

a) You agree to defend, indemnify and hold harmless Company, Company Affiliates, and any third-parties under agreement with Company, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:

i) Your failure to comply with any provision of these Terms of Service;

ii) Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and

iii) Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.

b) Company and Company Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

c) You acknowledge, and further agree that Company has no obligation to defend, indemnify or hold harmless you in any way related to these Terms, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

d) This Section shall survive the termination of these Terms.

10. Dispute Resolution

a) Informal Resolution. With respect to any Dispute, you agree to attempt to negotiate the resolution of any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Company’s receipt of Notice from you.

b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of thirty (30) days, or if Company, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of thirty (30) days, you agree that either you or Company may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the Japanese Court of Law. The party requesting that a Dispute be resolved by arbitration under this Section shall be responsible for initiating such a proceeding.

i) YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THESE TERMS AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Company both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Company. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Company further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.

11. Miscellaneous

a) Changes. It is your responsibility to read, understand, and accept these Terms in connection with your use of the Services. You acknowledge that Company may make changes to these Terms of Service at any time, and that Section headings in these Terms are for purposes of convenience only. Unless Company states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services and that such use constitutes your acceptance of the same. You should check this page regularly to stay informed about any changes.