Terms of Service

Welcome to the sekaiproject.com website (the “Site”), a website owned and operated by Sekai Project, a California corporation.

The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively herein the “Terms of Use”) identify what you, as a user of the Site (“you” or “User”) can expect from Sekai Project, Inc., its parent, subsidiaries, and affiliates (together referred to herein as “Sekai Project”), and/or persons who provide products or services to Sekai Project customers either directly or through the Site (“sekaiproject.com Providers”) and what Sekai Project in turn expects from Users. By visiting any area on the Site, opting into the promotional email subscription, making a purchase via the Site, or otherwise joining, viewing, visiting or contributing to the Site (all of the foregoing are sometimes referred to in this document as the “Site Services”), a User is deemed to have accepted the Terms of Use, as stated herein and any amendments thereto. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the sekaiproject.com website immediately.

I. LICENSES AND RESTRICTIONS

II. TRADEMARKS

III. CONTENT

IV. PRICES

V. RISK OF LOSS

VI. AGE OF USERS

VII. TERMINATION OF USAGE

VIII. INDEMNITY

IX. PASSWORD AND ACCOUNT SECURITY

X. NOTICES

XI. DISCLAIMERS AND LIMITATION OF LIABILITY

XII. SEVERABILITY

XIII. APPLICABLE LAW; JURISDICTION

XIV. DISPUTE RESOLUTION

XV. DIGITAL MILLENNIUM COPYRIGHT ACT

XVI. ADDITIONAL TERMS AND CONDITIONS

XVII. ACKNOWLEDGMENT

XVIII. MODIFICATION

I. LICENSES AND RESTRICTIONS 
Sekai Project grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Sekai Project) of the Site and its contents.

The foregoing licenses do not include any rights to:

modify, download (other than page caching), reproduce, copy, or resell the Site, or any portion or derivative thereof; 
commercially use the Site, the Content or any portion derivative thereof (unless User has a business relationship with Sekai Project); 
copy or download any User’s account or profile information for the benefit of any third party; 
enable high volume, automated, electronic processes that apply to the Site or its systems, the Content or any portion or derivative thereof; 
use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Site or its systems, the Content or any portion or derivative thereof for any purpose; 
interfere or attempt to interfere with the proper working of the Site; 
bypass any measures used by Sekai Project to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof; 
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sekai Project; 
use Sekai Project’s (or any third party licensor’s) trade names, trademarks, services marks or logos in any meta tags or any other “hidden text” or 
compile, repackage, disseminate or otherwise use data extracted from the Site. 
The foregoing is expressly prohibited; the right to do any of the foregoing shall require Sekai Project’s express written consent (which may include a written agreement signed by an authorized representative of Sekai Project). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Sekai Project.

II. TRADEMARKS 
Sekai Project, or its parent, subsidiaries, or affiliates, or third parties from whom Sekai Project has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Sekai Project and its licensors may not be used without prior written consent of Sekai Project or its licensor, as the case may be. Without limiting the foregoing, no Sekai Project trademark or trade dress may be used in connection with any product or service that is not Sekai Project’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Sekai Project or its licensors.

III. CONTENT 
Proprietary Rights 
User acknowledges that the Site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under U.S. copyright law and Sekai Project owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Site. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.

IV. PRICES 
The price for an item on the Site may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Sekai Project, Sekai Project may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User. Please note that this policy regarding prices applies only to items sold and shipped by Sekai Project. Any purchases from any third-party sellers on the Site (e.g., sellers of Sekai Project products provided via Steam) may be subject to different policies in the event of an incorrectly priced item.

Please note that this policy regarding prices applies only to items sold and shipped by Sekai Project. Any purchases from any third-party sellers on the Site (e.g., sellers of Sekai Project products provided via Steam) may be subject to different policies in the event of an incorrectly priced item.

V. RISK OF LOSS 
The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.

VI. AGE OF USERS 
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Sekai Project websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.

VII. TERMINATION OF USAGE 
Sekai Project may issue a warning, temporarily suspend, indefinitely suspend or terminate any User’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Sekai Project’s sole discretion, including without limitation violation of the Terms of Use, Sekai Project’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Sekai Project, any sekaiproject.com Provider or another User.

In certain cases, in Sekai Project’s sole discretion, Sekai Project may provide written notice (a “Restriction Notice”) to a User (a “Restricted User”) to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right to use, access or create any account thereon; (ii) that Sekai Project refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.

VIII. INDEMNITY 
User agrees to indemnify and hold Sekai Project and each sekaiproject.com Provider harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of such User’s use of the Site, the Site Services, breach of the Terms of Use or User’s violation of any law or the rights of a third party.

IX. PASSWORD AND ACCOUNT SECURITY 
Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such User’s computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her Sekai Project account using an old e-mail address, such User will not receive messages from Sekai Project about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User’s Sekai Project account or within the Site interactive community.

X. NOTICES 
User consents to receive electronic communications from Sekai Project, whether addressed to the e-mail address associated with such User’s Sekai Project account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.

XI. DISCLAIMERS AND LIMITATION OF LIABILITY 
Sekai Project is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Site. Content, including User Created Content, does not necessarily reflect the opinions or policies of Sekai Project. Some portions of the Site may contain links to other websites. Sekai Project is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Sekai Project. Inclusion of any linked website on the Site Services does not imply approval or endorsement of the linked website by Sekai Project. When you access these third party sites, you do so at your own risk. Sekai Project takes no responsibility for third party advertisements or third party applications that are posted on or through the Site or the Site Services, nor does it take any responsibility for the goods or services provided by its advertisers. Sekai Project is not responsible for the conduct, whether online or offline, of any User of the Site or the Site Services. Sekai Project assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Sekai Project is not responsible for any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Site Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site or Site Services. Under no circumstances shall Sekai Project be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Site Services, from any Content, posted on or through the Site Services, or from the conduct of any Users of the Site or Site Services, whether online or offline.

The Site is provided by Sekai Project on an “as is” and “as available” basis. To the fullest extent permissible by applicable law, each sekaiproject.com Provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither Sekai Project nor any sekaiproject.com Provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Site, or the information, Content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, service, or product provided through the Site; or (iv) that the Site, its servers, Content, or e-mails sent from or on behalf of Sekai Project are free of viruses, scripts, trojan horses, worms or other harmful components.

Sekai Project does not guarantee the continuous, uninterrupted or secure access to the Site, or any related services. The operation of the Site may be interfered with by numerous factors outside the control of Sekai Project.

Under no circumstances shall Sekai Project or any sekaiproject.com Provider be liable for any damages that result from the use of or inability to use the Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Sekai Project’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all Content, products, and services available through the Site.

Neither Sekai Project nor any sekaiproject.com Provider will be liable for any indirect, incidental, special or consequential damages arising from the use of the Site, or the purchase or download of any Content, or product therefrom, even if Sekai Project or any sekaiproject.com Provider have been advised of the possibility of such damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.

XII. SEVERABILITY 
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Sekai Project to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

XIII. APPLICABLE LAW; JURISDICTION 
The Site is created and controlled by Sekai Project in the State of California. The laws of the State of California will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of Sekai Project and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles County, California and waives any objection to the laying of venue of any litigation in said courts.

XIV. DISPUTE RESOLUTION 
Any claim or controversy at law or equity that arises out of the Terms of Use, the Site or any Site Service (each a “Claim”), shall be resolved through binding arbitration, whether conducted in-person, by telephone, online or based solely upon written submissions where no in-person appearance is required. Arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, at Sekai Project’s sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California.

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

You are solely responsible for your interactions with other Users. Sekai Project reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

XV. DIGITAL MILLENNIUM COPYRIGHT ACT. 
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Sekai Project, infringe your copyright, you (or your agent) may send Sekai Project a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Sekai Project to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Sekai Project a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Sekai Project, Inc. ATTN: Legal Department, 1115 Norton Avenue, Glendale, CA 91202. Sekai Project suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

XVI. ADDITIONAL TERMS AND CONDITIONS 
In addition to the policies and guidelines located throughout the Site, the following policies are incorporated into the Terms of Use:

Return Policy 
Privacy Policy 
XVII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Sekai Project regarding User’s relationship with Sekai Project and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. “Including” means “including, without limitation.”

XVIII. MODIFICATION 
Sekai Project reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice or liability. These terms were last revised on 05/10/2016.