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Terms of Services
Welcome to Koribu Store! This website is operated by Koribu. Throughout this document, the terms "we," "us," and "our" refer to Koribu Store.
Koribu operates as a marketplace, enabling registered sellers (hereafter referred to as "Sellers") to offer and sell their goods directly to buyers. By using Koribu and its services in any capacity, you agree to the terms and conditions of these Terms of Service ("Agreement") and agree to use the website and services only as provided in this Agreement.
We reserve the right to modify these terms to better align with the operational requirements of the marketplace model and to ensure compliance with our payment service providers' guidelines.
Section 1 - Acceptance of Agreement
When you access or use the Koribu website, you agree to comply with these Terms of Service. If you do not agree with any of the terms, please do 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.
Any new features or tools added to the current store will also 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 changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 2 - Website Use
Your use of this website and related services is subject to this Agreement, the Intellectual Property Policy ("DMCA"), the Refund Policy, and the Privacy Policy (collectively, "Terms of Use"). All terms and obligations outlined in the aforementioned policies are incorporated by reference.
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence. If you are not of legal age or are granting permission for your minor dependents to use this site, you must ensure compliance with these terms.
You must not use our products for any illegal or unauthorized purpose. Additionally, your use of the service must not violate any laws in your jurisdiction, including copyright laws. Transmitting any worms, viruses, or any other destructive code is strictly prohibited. Any violation of these terms will result in the immediate termination of your services.
By violating this User Agreement in any capacity, your campaign(s) may be immediately removed, profits may be forfeited, and your account may be suspended or terminated.
Section 3 - User Content
You retain copyright to any content you submit or upload to the Koribu website. By using Koribu services, you grant Koribu a non-exclusive, royalty-free license to use and archive the content as reasonably anticipated by these Terms.
When submitting or uploading content to the website, you affirm and warrant that:
- You hold the copyright to the content or, if not the owner, you have permission to use the content, along with all necessary rights to display, reproduce, and sell the content.
- The content you upload will not violate the intellectual property rights or any other rights of any individual or entity, including copyright, moral rights, trademarks, patents, or rights of privacy or publicity.
- Your use of the website will comply with all applicable laws, regulations, and rules.
- The content does not contain material that defames or disparages any person, group of people, races, religion, or religious group. Furthermore, it is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
- The content does not incorporate malicious code, including but not limited to viruses, trojans, worms, time bombs, cancelbots, or any other computer programming routines that may harm, disrupt, surreptitiously intercept, or expropriate any system, program, data, or personal information.
- The content is not deceptive or misleading and does not promote or disseminate fraudulent goods, services, schemes, or promotions.
When Koribu receives an allegation of infringement that complies with Koribu's Intellectual Property Policy, at Koribu's sole discretion, your campaign may be immediately canceled, any profits may be forfeited, and your account with Koribu may be suspended or terminated.
We reserve the right to evaluate and, if deemed necessary at our sole discretion, remove any content from the website and/or terminate your account if such content is found to violate your agreement with us and/or any applicable laws or regulations. You agree to indemnify Koribu for any direct or indirect damages incurred due to your breach of one or more of these warranties.
We do not conduct manual screening of content before it is displayed on the website. Therefore, members may inadvertently or intentionally submit and display content that violates these Terms. Inappropriate content includes, but is not limited to, material that infringes copyright or other intellectual property rights of any individual or company, as well as content that defames or disparages any person, group of people, races, religion, or religious group. Additionally, content deemed obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable is considered inappropriate. Koribu has the right (though not the obligation) to remove or modify such content. We encourage you to assist us by promptly notifying us of any inappropriate or potentially inappropriate content you encounter on the website by emailing [email protected]. If you suspect that your copyright or other intellectual property rights are being violated, you have the right to file a formal complaint using the procedures outlined in our Intellectual Property Policy.
Section 4 - Product Purchases
Users can purchase products on the Koribu website using a valid credit card or PayPal account.
You can purchase products without being a member.
The price you pay is determined at the time of purchase and remains fixed.
If you wish to cancel your order, you can do so within four (4) hours of placing it by contacting our Customer Service team at [email protected].
Customers are responsible for ensuring the accuracy of the delivery address provided. Koribu is not responsible for any product that a customer fails to receive due to an inaccurate delivery address provided.
We do not guarantee, endorse, or make representations regarding any content or products offered or provided by any member.
Section 5 - Shipping and Delivery
We guarantee that we will ship orders within the timeframe stated in our Shipping Policy. In certain circumstances, shipping and delivery may take longer (up to three weeks). We are responsible for informing customers of such delays in advance when we are aware of them. Customers and Koribu may separately agree on more specific delivery times and terms in a separate written document or agreement (such as a request for express shipping).
We will deliver using a shipping service provider of our choice. Customers must pay standard shipping costs, which may depend on order value and shipping destination. Shipping costs are displayed at checkout.
Any quoted delivery time is an estimate; however, Koribu will make commercially reasonable efforts to deliver all merchandise on or before the stated delivery date. No delay in shipping or delivery of any merchandise relieves the Seller of their obligations under this Agreement.
Products are produced from artwork uploaded by the seller. The estimated positioning of the artwork is provided by the seller. Print size and exact location may vary depending on the product size. Colors are best matched to the artwork provided. Koribu may substitute comparable products if stock becomes an issue. Exact print size, location, and colors are not guaranteed and are entirely dependent on the artwork uploaded by the seller.
The seller will determine the price of the merchandise sold for each campaign. Koribu will retain payments from customers. Koribu will determine the base price as the cost of goods sold (including any additional expenses and fees Koribu determines are necessary to comply with the terms of this Agreement) and remit any amount exceeding that base price to the Seller ("Seller Profits").
Section 6 - Indemnification
The seller agrees to indemnify, defend, and hold Koribu, its officers, directors, employees, agents, representatives, as well as all third parties involved in printing, manufacturing, and/or fulfilling the products you sell through the website, including their officers, directors, employees, agents, and representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees), or other expenses that arise directly or indirectly from:
- Your violation of any provision of these Terms.
- Any allegation that materials you submit to Koribu or transmit to the website infringe or violate copyright, trademark, trade secret, or other intellectual property or other rights of any third party.
- Your activities related to the website.
This indemnification applies regardless of the negligence of any party, including any indemnified person.
Section 7 - Tax Matters
The services and transactions described in this Agreement are not expected to impose a withholding obligation on Koribu under Section 1442 of the Internal Revenue Code, as amended (the "Code"). Notwithstanding the foregoing, in the event Koribu concludes that it has an obligation to withhold under Section 1442 of the Code (or other applicable law) with respect to Seller Profits, Koribu will withhold all applicable income tax from any payments or Seller Profits otherwise due to the Seller.
The Seller shall be solely responsible for payment of its own tax liabilities which may arise under the Agreement and shall indemnify Koribu for any tax obligations, including for federal income tax withholding, which may arise as a result of this Agreement.
Section 8 - Disclaimers
We provide the website and services on an "as is" and "as available" basis. Koribu does not represent or warrant that the website and services or their use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. Koribu hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this Agreement provides otherwise.
You agree that Koribu has no responsibility for any damages suffered by you in connection with the website and services, and that use of the website and services, including all content, data, or software distributed by, downloaded, or accessed from or through the website and services, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the website and services. Koribu does not control or endorse in any respect any information, products, or services offered by third parties through the website and services, and is not responsible for any possible representations and warranties these third parties may make.
Due to normal changes in our industry and in our technical production processes, Koribu may reasonably deviate from the descriptions and information found in its brochures, catalogs, and other documents with respect to material, color, weight, measurements, design, or other features.
We may use subcontractors or third parties to provide certain elements of our website and services. You agree that Koribu will not be liable to you in any way for your use of these services.
Section 9 - Limitation of Liability
You use Koribu and the services at your own risk. Koribu provides its website and services without any express or implied warranties (See Section 8 (Disclaimers) above). Koribu is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Koribu or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
We are not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the website and services or any agreement between you and Koribu, even if advised of the possibility of such damages. Koribu's aggregate liability arising out of or in connection with the website and services or any agreement between you and Koribu may not exceed the lesser of $100 or the amount of cash actually exchanged between you and Koribu within the past six months.
Section 10 - Severability
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by law. The unenforceable portion will be severed from these Terms of Service, and the rest of the provisions will remain valid and enforceable.
Section 11 - Termination
The obligations and liabilities incurred prior to the termination of these Terms of Service will survive after termination. Either you or we may terminate these Terms of Service at any time. You may terminate by notifying us of your decision, or by ceasing to use our site. We also reserve the right to terminate this agreement if you fail to comply with any terms. This action may occur without notice, and you will be liable for all amounts due up to the termination date. We may also deny access to the service in such cases.
Section 12 - Changes to Terms of Service
You can always review the most current version of these Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. By continuing to use or access our website following changes to these Terms of Service, you accept those changes.