NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

1. DdayStudio respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.

2. DdayStudio intellectual property policy is to (a) remove or disable access to Content or materials that DdayStudio believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and (b) remove any Content posted to the Services by "repeat infringers." DdayStudio considers a "repeat infringer" to be any user that has uploaded User Content to the Services and for whom DdayStudio has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. DdayStudio has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon DdayStudio own determination.

3.  MODIFICATIONS TO THE SERVICE AND PRICES
   
   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 to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
   
   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 of time or cancel the service at any time, without notice to you.
   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.
   In no case shall jfigures, our directors, officers, employees, affiliates, agents, 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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
   
5. PRODUCTS OR SERVICES
   
   Certain products or services may be available exclusively online through the website. 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 anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
   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.

6. Procedure for Reporting Claimed Infringement.

   1. If you believe that any Content accessible on or through the Services infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;

      2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;

      3. Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DdayStudio to locate the material;

      4. Information reasonably sufficient to permit DdayStudio to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

      5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your own lawyer and/or see 17 U.S.C. § 512 of the United States Copyright Act to confirm your obligations to provide a valid notice of claimed infringement.

7. Designated Agent Contact Information. DdayStudio Designated Agent for notices of claimed infringement can be contacted at:

    support@dday34.com

8. Counter Notification.

   1. If you receive a notification from DdayStudio that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide DdayStudio with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to DdayStudio Designated Agent through one of the methods identified in Section 18.4, and include substantially the following information:

      1. A physical or electronic signature of the subscriber;

      2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

      3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

      4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which DdayStudio may be found, and that the subscriber will accept service of process from the person who provided notification under Section 18.3 above or an agent of such person.

   2. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

9. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides that:

   any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

LICENSES

1. License to the Services. We grant you a limited, revocable, non-assignable, non-sublicensable, royalty free license to access and use the Services solely in accordance with the Terms and pursuant to any authorized functionalities of the Services, including the right to access and view content made available through the Services. Except as expressly provided for in these Terms, there are no implied licenses for the use of the Services or for any Content made available on or through the Services, and the license granted herein is for your personal, non-commercial use only. No commercial uses of the Services are hereby authorized without our separate written consent, which may be withheld for any reason.

2. The Content made available on or through the Services (excluding User Content), may be protected by copyright or other intellectual property rights and owned by DDayStudio or third party licensors of DDayStudio. No material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content and Products, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of DDayStudio or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to DDayStudio.

3. Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary toDDayStudio or to other companies where so indicated. Unless otherwise permitted by law, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.

4. User Content. This section governs any User Content you upload or transmit to or through the Services:

   1. General. You are solely responsible for all User Content you submit to or through the Services. You must not upload or transmit any User Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Any User Content uploaded, linked to, or transmitted to or through the Services or to us via email will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by DDayStudio any purpose or disclosed by us to any third party with or without notice to you and without any liability by us.

   2. Retention of Your Intellectual Property Rights. BY UPLOADING, LINKING TO OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES YOU ARE NOT – PURSUANT TO THESE TERMS – SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS IN YOUR USER CONTENT THAT YOU MAY HAVE. RATHER, YOU ARE MERELY GRANTING DDayStudio (AND OTHER USERS AS DESCRIBED IN SECTION 7(4)(c)(ii) BELOW) A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.

   3. License Grants.

      1. You hereby grant DDayStudio an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), create derivative works from, modify (e.g., reformat), transmit to Third Party Sites, and otherwise use and exploit (collectively, "Use") all User Content you link to or upload to or through the Services or to us through email, on and through the Services (including when the Services are made available through Third Party Sites), regardless of how such Services are delivered to Users, including through any technologies or distribution methods now known or hereafter created, and to advertise, market, and promote the Services and/or the availability of your User Content on the Services. You further grant DDayStudio an irrevocable, perpetual, royalty-free license to Use your name, image, voice, likeness, and any information provided by any Third Party Sites whose credentials you use to access the Services in conjunction with advertising, marketing, or promoting the Services or the availability of your User Content. For clarity, the foregoing license does not extend to (A) General Feedback, and DDayStudio license to such General Feedback is set forth in Section 7(4)(j); and (B) Project Feedback, and DDayStudio license to such Project Feedback is set forth in Section 7(c)(ii).

      2. Without limiting anything else in these Terms, if you send to any Project Owner (defined below) private messages about any of the Project Owner’s Projects and/or post comments on the Services about Projects that will be publicly viewable by other Users, then, in each case, you hereby grant the applicable recipient(s) a non-exclusive, perpetual (for the duration of any copyrights), irrevocable, transferable, sublicenseable, worldwide and royalty-free license to use, reproduce, create derivative works of, publicly display and perform, distribute, adapt, modify, combine with other materials or content and otherwise use and exploit your Project Feedback.

   4. Survival of Rights for Removed User Content. You may delete your User Content from your account on the Services at any time but the rights granted in Section 7.4(c) shall survive the deletion of your User Content to the extent your User Content is stored on computer servers or other storage media or technologies utilized by DDayStudio. (or, in the case of Project Feedback, such Content has been incorporated into any other work by any User). We may also retain any of your User Content for archival or audit purposes or pursuant to any judicial or administrative order. Any User Content you post in a public section of the Services (e.g., a comments section) may remain on the Services indefinitely and we have no obligation to remove such User Content.

   5. Limitations on Grant of Rights to DDayStudio. Notwithstanding the grant of rights in Section 7.4(c), nothing contained in these Terms grants DDayStudio a right or license to sell your User Content on a standalone basis to any third party, although you acknowledge and agree that DDayStudio may generate advertising, subscription, and other revenues from the operation of the Services, including advertising that may appear before, after or simultaneously with the Use of your User Content, and that you will have no right to share in any portion of such revenue.

   6. Waiver of Rights. By uploading User Content to or through the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Services. You expressly release DDayStudio and all of DDayStudio agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content. Notwithstanding the preceding sentences of this Section 7.4(f), you should let us know immediately if you object to any uses of your User Content on or through the Services or in the promotion of the Services. We will consider all reasonable requests to terminate any Use that you find objectionable, but we shall have no liability to you for any Use authorized in these Terms.

   7. Requirement that You Be an Owner of or Fully Authorized to Grant the Rights To User Content. If you are not the owner of or are not fully authorized to grant rights in all of the intellectual property in all of the elements of the User Content you intend to upload or transmit to or through the Services, then you must not upload the User Content to or through the Services.

   8. Confirmation of Rights. DDayStudio reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Content you upload to or transmit through the Services. If you fail to provide us with such confirmation upon request, then we reserve the right to remove or deny access to any or all of your User Content available on or through the Services and to suspend or terminate your account with DDayStudio. We will have no liability to you for any actions taken by us pursuant to this Section 7.4(h).

   9. Representations and Warranties with Respect to Your User Content. By uploading or transmitting User Content to or through the Services, you hereby represent and warrant to DDayStudio that (i) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (ii) the Use of such User Content in a manner consistent with these Terms will not (A) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (B) require DDayStudio or any Third Party Site on or through which the Services is made available to pay any fees of any kind to any third party for any Use of your User Content.

   10. General Feedback. You further grant DdayStudio a royalty-free license throughout the universe to Use, without any payment or accounting to you or any other third party, any concepts, know-how, ideas or inventions that you (and those who act on your behalf) upload or transmit to or through the Services or to us through email (but excluding any Project Feedback) (collectively, "General Feedback").

CHILDREN

1. The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. If you are 13 to 17 years of age, then you must obtain your parent or guardian’s consent to use the Services and by using the Services you hereby represent that you have obtained such consent. DdayStudio does not seek to gather personal information from or about children under the age of 13 through the Services.

 

In an effort to provide a worry-free enjoyable shopping experience and both offer and sell Japanese entertainment products (e.g. products related to anime, manga, games, or kawaii cultures including luxury products), Tokyo Otaku Mode (DdayStudio) has decided to adhere to the following guidelines for restricting the buying and handling of certain products.

DdayStudio does not buy or handle any of the following products.

1. Products intended for adults or products that are otherwise prohibited to those under 18 years old according to manufacturers or industry self-regulatory organizations*. (18+ merchandise)(third party standards)

2. Products that depict sexual acts or any anatomical part of the body involved in sexual reproduction through direct expression.

3. Products with themes of excessive violence including but not limited to extreme brutality, cruelty, gore, and depictions of death.

4. Products with themes of illegal activities including but not limited to criminal activity, drug use, and child porngraphy.

5. Products that criticize or strongly propagate the ideology of specific races, religions, or political views.

6. Product that contain any themes that are deemed globally to be excessively violent, revealing, or otherwise unacceptable.

• Industry self-regulatory organizations include but are not limited to the following non-profit corporations: the Computer Entertainment Rating Organization (CERO), the Ethics Organization of Computer Software (EOCS), the Film Classification and Rating Committee, and the Japan Film Ethics Organization.

  Customer Privacy

  We value and respect your privacy as much as our own. We will never sell or disclose your information to any other company. We will only collect your personal information for the purpose of providing better shopping experience with us and for on-going customer service.

   

  Safety Disclaimer

  All products being sold on DdayStudio are intended for Adult Collectors. They are not toys for children. These products may contain sharp points, small parts, choking hazards, adult themes and other elements not suitable for children under 16 years old.

  By placing order with us, the customer (you) agrees that

  1. The customer (you) is at least 16 years old.
  2. The customer assumes full responsibility of ensuring the proper use of the product.
  3. DdayStudio is released from any liability for injury or death related to the product.

  Warranty

  DdayStudio does NOT provide or endorse any kind of warranty on products being sold. Some products may come with extended warranty from the manufacturer. Please check directly with the manufacturer for details. If you need to return a defective product, please refer to the

  • Refund & Cancellation Policy

   policy section bel

DDAYSTUDIO MAY DISCLOSE YOUR INFORMATION

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.

Displaying to Other Users. The content you post to the Service may be displayed on the Service. Other users of the Service may be able to see some information about you, such as your SUKI!, following and followers. We are not responsible for privacy practices of the other users who will view and use the posted information.

Social Networking and Other Websites. The Service may allow you to share information, including Personal Information, with social networking websites, such as Facebook. We do not share your Personal Information with them unless you direct the Service to share it. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.

Search Engines. Personal Information, such as your user name may also be accessible via search engines or similar services.

Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission. We may allow access to other data collected by the Service to enable the delivery of online advertising on this website, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours', ours' or others' rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

We may also disclose your Personal Information with your permission.

SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us via

• Contact Us

INTERNATIONAL USERS

By choosing to visit the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the laws of the United States and the adjudication of any disputes arising in connection with Company or the Service will be in accordance with the Terms of service

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the country where DDayStudio may act to provide Service including but not limited to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Policy.

CHILDREN'S PRIVACY

We do not knowingly collect, maintain, or use Personal Information from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us via The contact form. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child's account.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Privacy Policies of other websites

Our website contains links to other websites. Our Privacy Policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

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.

We are using a text messaging platform, which is subject to the following terms and conditions. By opting in for our text marketing and notifications, you agree to these terms and conditions.

By entering your phone number in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

Your phone number, name, and purchase information will be shared with our SMS platform ", an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfill their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.