SamuraiBaby.com Terms of Service

INTRODUCTION

The following Terms of Service ("TOS") contain the terms and conditions that guide your use of our website (SamuraiBaby.com) and related services (“Site”). These TOS clearly define your rights and responsibilities and what you can expect from SamuraiBaby.com. As such, these TOS may be adjusted from time to time because of frequent changes in Internet technology and relevant law. We recommend that you constantly check these TOS for such changes. Your continued use of the SamuraiBaby.com Site after any changes means that you have taken these changes into consideration and accept the new TOS.

SERVICE

Our service is provided through the SamuraiBaby.com Site, which allows users to create custom art with kanji characters and purchase prints and gifts made from these creations through Shutterfly.com.  Users can also purchase custom art made from sending a photo to SamuraiBaby.com. 

SamuraiBaby.com will only knowingly provide its services to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use SamuraiBaby.com services only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. SamuraiBaby.com is not intended for children under the age of 13.

KANJI NAMES

Kanji names are created for artistic purposes, and are not intended to represent the true meaning of a name.  Japanese use kanji for their names, but wouldn't usually use them for English names.  The kanji names on SamuraiBaby.com are meant only as an artistic interpretation and carry NO GUARANTEE that the names are correct or that the kanji are represented correctly.  The kanji names on SamuraiBaby.com have been created in the following way:
1. Each Japanese kanji has multiple pronunciations and meanings.
2. Only certain kanji are used by the Japanese for names.
3. Based on the pronunciation of the English name, kanji that have similar sounds and are good for using in names are considered.
4. From these kanji a combination is chosen.
Care is taken in doing the best match in terms of combining the right sounds and most attractive meanings, but these are still just artistic interpretations rather than the only "right" meanings for the names. As the same sounding English names can have different spellings (Ann, Anne) and variations (Ana, Anya, Anita, etc.) there are multiple combinations of kanji that can be used for a name that sounds the same. Also, when applying Japanese kanji to English names, there are some limitations in terms of sound, since the Japanese language has less sound combinations than English. For more on the character sets and sounds that are used in Japanese, click here.

CONTENT AND SUBMISSIONS

SamuraiBaby.com provides users the freedom to email or upload their own images/designs (“Submissions”) onto our Site for use in the art customization process. However, we have full and sole discretion over all images we receive, and reserve the right to refuse service to customers where we feel the images are highly questionable.

You agree that when you send a Submission to this Site, you grant SamuraiBaby.com and its owners a non-exclusive, irrevocable, royalty-free license to use the work. We may use, copy, sublicense, adapt, transmit, distribute, publish, sell, display or otherwise use it as we see fit, in our sole discretion. By making a Submission, you waive the right to make any claim against SamuraiBaby.com, its owners or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers and shareholders relating to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the Submission.

You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available to us. Under no circumstances will we be liable in any way for the Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Stuffonmycat.com website.

COPYRIGHT

All content included on this site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of SamuraiBaby.com or its content suppliers and is protected by United States and international copyright laws. All content on the Site that is not the property of SamuraiBaby.com is used with permission. The arrangement and compilation of all content on this site are the exclusive property of SamuraiBaby.com and are protected by U.S. and international copyright laws. All software used on this site is the property of SamuraiBaby.com or its software suppliers and is protected by United States and international copyright laws.

TRADEMARKS

Certain marks used on the Site are registered trademarks or service marks of SamuraiBaby.com or our affiliated companies, in the United States and other countries. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of SamuraiBaby.com or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes by any party other than SamuraiBaby.com or our affiliated companies without our prior written consent. All other trademarks and service marks not owned by SamuraiBaby.com or our affiliated companies that appear on this site are the property of their respective owners, and may or may not be used without their prior written consent.

COPYRIGHT / TRADEMARK COMPLIANCE & COMPLAINTS

We honor the intellectual property rights of others. If you believe that your work has been copied or used on this site in a way that constitutes copyright or trademark infringement, please notify us by sending an email to info@samuraibaby.com, Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the site pending our investigation.
 

LICENSE AND SITE ACCESS

We grant you a limited, revocable, nonexclusive license to access and make personal use of this site as our customer; however, you are not permitted to download (other than page caching) or modify the site or its contents. This license does not include any resale or commercial use of this site or commercial use of its contents, or any portion thereof; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This site, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SamuraiBaby.com, our affiliated companies or our partners or suppliers without our prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our prior written consent. Any use of this site or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein. You may not use any SamuraiBaby.com logo or other proprietary graphic or trademark design as part of any link without our prior written permission.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE WARRANT THAT THE PRODUCTS PROVIDED ON THIS SITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE SITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS OTHERWISE AT YOUR SOLE RISK. YOUR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR, IF AVAILABLE, A CONFORMING REPLACEMENT.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this Terms of Use agreement and any dispute of any sort that might arise between you and us relating to this agreement.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and this Terms of Use agreement at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the site. Your continued use of the site after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.