This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
Persons accessing or using our Websites are hereinafter referred to as (“You” or “Your” or “Users”) and Nobu.store is referred to as (“Nobu.store” or “We” or “Our” or “Us”). To avail the services offered at Nobu.store or by any of its affiliates, you must agree to the following Terms. If you visit, shop, rent or browse at Nobu.store, you accept these Terms.
Please read the terms and conditions carefully. While using any current or future services offered by Nobu.store or any of its affiliates, whether or not included in the Website, you will abide by these Terms.
If You are using/accessing the Website on behalf of any entity, by accepting the Terms, You are warranting or accepting that you are authorized to accept these Terms on the behalf of thatentity. The materials contained in this Website are protected by applicable copyright, trademark and other intellectual property law(s). The Website also contains content, the copyright of which has expired in totality, or has expired in some countries depending upon the copyright law of that country. The content on the Website is only available for reading and any redistribution/ copy/ reproduction of the content by any means will be a breach of our Terms.
To know more about our services contact email@example.com.
2. Company Information
Welcome to Nobu.store! Nobu.store is an e-publishing solution for any digital portable document format like e-books, e-text books, e-magazines, e-comics and e- promotions (“Digital Content”) all within the same website/application and provides an online platform that enables Users to request for hardcopies of or rent e-books, e-text books, e-magazines, e-comics and e- promotions, all as text books, made available by Nobu.store’s third-party publishers (“Authors”) through the Website and related applications or uploaded by Nobu.store itself.
The Website Content is for your general information and provided “as is”. It is subject to change without notice. Unauthorised use of the Website may give rise to a claim for damages and/ or be a criminal offence. Nobu.store makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or condition of title or other violation of rights. Further, Nobu.store does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Website. Nobu.store expressly negates any warranties for uninterrupted, error- free, completely secure usage of its services. You acknowledge and agree that you rely on no warranties.
· Your Account: You shall be responsible for all activities that occur under Your account or password.
· Use by Children: Nobu.store does sell products for children, but it sells them to adults. If you are under age of 18 years, you may use Nobu.store only with involvement of a parent or guardian. Nobu.store and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
4. License and Website Access [Authors and readers]
b) No license for commercial sale: This license does not include any right to resale or to commercial use of this Website or the Website Content; any collection and/ or use of any product listing, description, or pricing; copying of account information for the benefit of another merchant; or any use of data mining, or similar data gathering and extraction tools is strictly prohibited.
c) No reproduction: This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without express written consent of Nobu.store.
d) No framing: You may not frame or utilize framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nobu.store and its affiliates without the express written consent.
e) Metatags: You may not use any metatags or any other 'hidden text' utilizing Nobu.store's name or trademarks or any other form of intellectual property without the express written consent of Nobu.store. Any unauthorized use constitutes a breach of the terms and conditions of the website and is also an infringement of our intellectual property rights. As a consequence, we may terminate the permission or license granted by Nobu.store or/and hold you liable for infringement.
f) No harm to us: You must not directly or indirectly (or assist others to) access, use, modify, distribute, transfer, or exploit our services in unauthorized manners, or in ways that harm signal, our services, or systems. For example you must not (i) gain or try to gain unauthorized access to our services or systems; (ii) disrupt the integrity or performance of our services; (iii) create accounts for our services through unauthorized or automated means; (iv) collect information about our users in any unauthorized manner; or (v) sell, rent, or charge for our services. You shall also not use any deep-link robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Websites or Websites Content, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or Websites Content.
g) Warranty and Guarantee: We do not provide any as to the accuracy, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
h) Third Party Sites: The Website may contain links to other third-party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions. Nobu.store shall not be responsible for availability of such external sites or resources and does not endorse and is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that Nobu.store shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources.
i) Lawful Purposes: You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Websites or the Website Content therein. You agree not to add to, subtract from, or otherwise modify the Website Content, or to attempt to access any Website Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
j) Websites Content: We make no warranties or representations about the Websites or any of the Websites Content. We are not responsible to You or anyone else for any damages of any kind, including (but not limited to) any direct or consequential loss and losses resulting from security failure, disclosure of confidential information by other parties or the transmission of a computer virus, suffered in connection with the use of Websites. Your use of any information or materials on the Websites is entirely at Your own risk, for which we shall not be liable. It shall be Your own responsibility to ensure that any information of products available through this Websites meet Your specific requirements.
k) Proprietary Software: All materials herein and all Nobu.store software is proprietary to Nobu.store and protected by worldwide copyright and other intellectual property laws. Except as stated herein, none of the materials may be modified, copied, reproduced, distributed, republished, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Nobu.store.
l) Any violation of these Terms may result in legal liability upon you. Nothing in these Terms should be construed to confer any rights to any third party or any other person. Your use of the Website means you are consenting to these Terms and agree to be legally bound by it.
m) You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary, intellectual property rights in the Websites or any other material or any part thereof to you or any third party.
5. PROHIBITED USE
a) As a condition of Your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms or by any domestic or international laws, statues, ordinances and regulations. Your use of Website is your responsibility.
b) You shall not, display, upload, modify, publish, transmit, update or share any information on the Website, that –
· Belongs to another person and to which you do not have any right;
· Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
· Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or unsolicited commercial advertisement;
· Harm minors in any way;
· Infringes any patent, trademark, copyright or other proprietary/ intellectual property rights;
· Infringes any trade secrets or other confidential or proprietary information, or post any material that you do not have to right to make available under any law or under contractual or fiduciary relationships, including but not limited to inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements;
· Violates any law for the time being in force;
· Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
· Impersonate another person;
· Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
c) You may use the Website without registration however, to purchase or upload Digital Content or participate in certain activities of the Websites you will have to register or login to the Website. In the event You wish to register with us you may do so by completing the registration process. You agree to:
· provide us with true, accurate, correct and complete data at the time of registration with us. By agreeing to these Terms, you agree that all the information provided by you is true to the best of Your knowledge and you are not impersonating anyone or using any false information.
· Protection of Your Account: You may be required to choose a password and user name at time of opening an account with us. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. Nobu.store will not be liable for any loss that you may incur as a result of someone else using Your password or account or Your failure to comply with this section. We may assume that any communications we receive under Your account have been made by You.
7. Renting of Digital Content
The Digital Content rented from Nobu.store can only be read on our app called “Nobu Reader”. This app is available on the Google Playstore and the Apple Appstore.
a) When you are renting digital content from us, you have the rights to get a refund or a replacement in given instances. Kindly refer to “Cancellation, refund and return policy” to learn more.
b) License Conditions under which User receives the copy of Digital Content upon renting it:
Permission is granted to temporarily download and license only one copy of the Digital Content on Website for personal, non-commercial transitory viewing only. Sometime due to technical errors on our side you may face a problem in downloading the Digital Content, in such cases please refer to our Cancellation, Refund and Return Policy.
This license becomes available to the User at the point of time when the payment for the Digital Content is made by the User and such license shall remain available till the expiry date of the rental period. The expiry date of the rental period is calculated from the date of Your purchase. However, due to some technical errors on our side or for reasons expressly described in the Cancellation, Refund and Return Policy, the digital content can be re-downloaded; the maximum number of downloads available are three.
This is the grant of a personal, non- exclusive, non- transferable, non-sublicensable, revocable license of the Digital Content to the User and not a transfer of title and under this license the User shall not:
· modify or make any copies of the materials including but not limited to physical or digital reproduction;
· use the materials for any commercial purposes like renting, selling, offering to sell, lending, or for any public display (commercial or non-commercial);
· attempt to decompile/ decode or reverse engineer any software contained Website;
· transfer the materials to any other person or “mirror” the materials on any other server or issue more copy/(ies) of the materials than are already in circulation in any manner.
Returns and Refunds: Digital Content from us, you have the rights to get a refund or a replacement in certain instances. Kindly refer to “Cancellation, Refund and Return Policy” to learn more.
c) Termination of License
This license shall automatically terminate when your rental period expires. If the digital content does not expire after the expiry of this rental period due to some technical glitch or otherwise, you must destroy any downloaded materials in your possession whether in electronic or printed format, if not, you will be subjected to copyright infringement.
8. Rights and Warranties in the event of Publishing with us
a) Rights Granted to us: If you do post content or submit material and unless we indicate otherwise, you grant Nobu.store and its affiliates a non-exclusive, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media. You grant Nobu.store and its affiliate sites and sub-license the right to use the name that you submit in connection with such content if Nobu.store chooses.
b) Warranties given by you as an Author: You represent and warrant that you own all the rights or otherwise or control all of the rights to the Content that you post; that the Content is accurate; that the use of the Content to supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify Nobu.store or its affiliate for all claims resulting from the Content you supply. Nobu.store has the right but not the obligation to monitor and edit or remove any activity or content. Nobu.store takes no responsibility and assumes no liability for any content posted by you or any third party.
For details please refer to “Terms and Conditions for publishing Digital Content with Nobu.store”
9. Limited Liability
In no event shall Nobu.store or its suppliers be liable for any damages (including damages for loss of data or profit or goodwill, revenue, any business interruption due to such loss either directly or indirectly) arising out of the use or inability to use the materials on Nobu.store Website. We will not be liable under any contract, tort law for any liability accruing to us from any special, indirect, incidental, exemplary, punitive or consequential damages. This liability will not be extended even if Nobu.store or an authorized representative of Nobu.store has been notified orally or in writing of the possibility of such damage. Since some jurisdictions do not allow limitations on implied warranties, or limitations on liability for consequential or incidental damages, these limitations may not apply to the customers who are residents of such jurisdiction.
10. Revisions and Errata
The Website Content appearing on Nobu.store Website could include technical, typographical, or photographic errors. Nobu.store does not warrant that any of the Website Content on its Website are accurate, complete, or current. Nobu.store may make changes to the Website Content contained on its Website at any time without any notice. Nobu.store does not, however, make any commitment to update the materials.
11. Reference Links/ Sponsors/ Advertisements/ Surveys
Nobu.store has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Nobu.store of the site. Use of any such linked Website is at the User’s own risk.
All prices posted on this Website are subject to change without notice. Nobu.store provides price protection for items during refund and returns. Posted prices includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the Website.
13. Payment Terms
a) When you order Digital Content through the Website, Nobu.store collects your payment information and processes your payment as described below under “Payment Processing”. Nobu.store accepts the following credit cards: Mastercard, Visa, American Express, i.e. all international or domestic credit cards that can make payments in USD. There is no charge or service fee for processing credit or debit card payments. Full payment by credit or debit card is required to place an order for Digital Content. Payment will be listed as Nobu.store on the credit or debit card statement. You may also verify these payments in the ledger of your profile wallet.
b) Payment Processing. Under these terms, the payment processing services for Digital Content purchased on this Website are provided by CC Avenue, payment gate way provider on behalf of Nobu.store, depending on the type of payment method used for the purchase of Digital Content. The User may add money on his Nobu Wallet and debit the wallet for purchases or make a direct payment with his credit card.The User is free to choose his/her preferred payment method.
c) Fraud Protection. We may take steps to verify the validity of the credit card information you provide to Us. You authorize us to do so for verification and anti-fraud purposes.
d) The Users (Authors) would be receiving the amount they have earned in their e- wallets which they may remit against other purchases as readers on the website or may request Nobu.store to liquidate it. The liquidation process has to be initiated at the end of the User (Author) by making an email request to liquidate the wallet amount. After receiving the request, we shall transfer the money (minus any applicable processing cost, including the bank charges, courier charges) through direct transfer to the bank account specified by them or through PayPal or through cheques couriered to them or otherwise. We may introduce other forms of payment from time which the Sellers can opt-in from their account. It is the User's (Author’s) responsibility to maintain their correct address, bank account numbers and other details required to correctly make the payments to them. If they miss a payment because of inaccuracy of information, we will not be liable for the losses. Kindly refer to “Terms and Conditions for Publishing Digital Content.” to learn more.
14. Terms and conditions are binding for all purchases
All orders are deemed offers by you to purchase the Digital Content. We may accept Your offer by issuing a confirmatory e-mail and/or mobile confirmation of the Digital Contentspecified in Your order. Our acceptance of each such offer is expressly subject to and conditioned on Your assent to these Terms. No other terms and conditions will apply.
15. Withdrawal of Content and Deactivation of Account
Users (Authors) can put a takedown request for the Digital Content anytime by sending an email to firstname.lastname@example.org. It will take up to 48 working hours for our team to respond to a takedown request. We reserve all rights to fulfill the orders received in that period. We do not guarantee that Your Digital Content will be taken down from the Website and reserves its right to refuse such a request for demand- related or any other reasons. In case we accept the takedown request, we reserve our right to retain the Digital Content in our archives to the extent required or on our back-up systems for archival purposes. Kindly refer to “Terms and Conditions for Publishing Digital Content.” to learn more.
16. Cancellation of Order by Nobu.store
Nobu.store reserves the right to refuse or cancel any order placed for Digital Content due to any of the below reasons:
· Technical issues related to pricing information.
· Non-availability of the Digital Content.
· Payment problem identified by Serious Fraud Investigation Office.
This shall be regardless of whether the order has been confirmed and/or payment been received. If the payment is received, 100% payment shall be refunded and the User shall be informed of the same.
Note: We may put additional checks and verifications or seek more information before accepting any order. We will contact you if your order is cancelled or if additional information is required to accept Your order.
17. Gift Voucher/Wallet/Prepaid Credit (the "Credit")
The Credit cannot be exchanged for cash or cheque.
· The holder of the Credit is deemed to be the beneficiary.
· The full amount of Credit can be applied to only one account on Nobu.store.
· Credit cannot be used with other promotional offers on Nobu.store.
· For information on wallet please read our FAQs.
18. Data Privacy
19. Content, Reviews, and Communications
a) Nature of content: You as a visitor to our Website may send e-cards and other communications; and submit suggestions, ideas, questions or other information, as long as the content is not seditious, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third party or objectionable and does not consist of or contains software virus, political campaigning, commercial solicitation, mass mailing or any form of spam.
b) False information: You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, however, it should be noted that we do not regularly review posted contents.
c) Electronic Communication: When you visit Nobu.store or send e-mails to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by e-mail or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
20. Product Description
Nobu.store and its affiliates attempt to be as accurate as possible. However, Nobu.store makes no warranties that the product description and any other content of its site are accurate, complete, reliable, current or error free.
21. Site Policies, Modification, and Severability
Please review our policies. We reserve the right to make changes to our Website, Policies, and the terms and conditions at any time without any notice. If you do not agree to or comply with the modified Terms, you must stop using the services. Once any updated Terms are in effect, you will be bound by them if you continue to use our Website or Digital Content. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and will not affect the validity and enforceability of any remaining conditions.
22. Technical glitches
While we commit to deliver uninterrupted high- quality services to you, technical errors in the Website are unavoidable, we do not hold the responsibility of any loss in payment or otherwise that might be a result of any technical error. However, we always encourage you to reach out to us with any issue that you may face with the website at email@example.com. We will assist you.
23. Intellectual Property Rights
a) Copyright Protection: All content included on this site, such as text, graphics, button icons, audio clips, video clips, digital downloads, data compilations and software, is the property of Mr. Nobuyoshi Morimoto or its affiliate sites and protected by the Copyright Law. The compilation of all the content on this site is the exclusive property of Mr. Nobuyoshi Morimoto and protected by Copyright Law. All software used in this Website is based on patent numbers US7962603B1, US8095654B2, US8849903B2, owned by Mr. Nobuyoshi Morimoto. All software of the website is the property of Nobu.store and is protected under the Copyright Laws.
b) Trademarks: Protected Marks: Domain names such as Nobu.store, www.nobu.store, nobustore.com & design, Nobu.store books, products, and other marks indicated on Nobu.store website are trademarks of Nobu.store. You can only use our trademarks (or similar marks) if you have obtained a written permission from us to do so.
c) Protected Graphics: All Nobu.store logos, page headers, button icons, scripts and service names are trademarks or trade dress of Nobu.store. Nobu.store's trademarks and trade dress may not be used in connections with any product or service that is not of Nobu.store. All other trademarks not owned by Nobu.store or its affiliates that appear on Nobu.store or its affiliate sites are the property of their respective owners, who may or may not be affiliated with, connected to, associated with Nobu.store or its affiliates.
24. Dispute Resolution
Any dispute arising out of or in connection with these Terms, including the existence, validity or termination of the contract shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The language of the arbitration shall be English. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three arbitrators.
25. Applicable Laws
These terms are governed by the laws of Republic of Singapore.
26. Compliance with Anti-Corruption Laws
You agree to comply with all applicable anti-corruption laws including laws that prohibit unlawful payments to anyone for a corrupt purpose in relation to these Terms.
27. Disclaimer of warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY NOBU.STORE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOBU.STORE MAKES 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. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOBU.STORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOBU.STORE DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM NOBU.STORE ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. NOBU.STORE 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 AND CONSEQUENTIAL DAMAGES.
You agree to defend, indemnify, and hold harmless Mr. Nobuyoshi Morimoto and/ or Nobu.store_and/ or their affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and Your expenses, including without limitation attorneys' fees and costs, that arise from use or misuse of the Websites, without limitation, any actual or threatened suit, demand, or claim made against Mr. Nobuyoshi Morimoto__and / or Nobu.store arising out of or relating to the User content, your conduct, your violation of these Terms, or your violation of the rights of any third party.
29. FORCE MAJEURE
Force Majeure: We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered by you as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of god, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, internet interruptions, bugs, virus, server breakdown or other interruptions on the worldwide web or internet which is beyond our control and in such event we may elect to cancel Your order and refund any payments made.
30. GENERAL TERMS
a) Modification of Websites: We reserve the right to modify or discontinue (completely or in part) our Website or any Website Content appearing therein. We will not be liable to You or any third party if we exercise this right.
b) No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.
d) No Third-Party Beneficiaries or Rights: These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Websites will not contain any content that is prohibited by these Terms.
e) Complaints: In the event You have any complaint(s) pertaining to Websites or Websites Content, please feel free to email us at firstname.lastname@example.org and kindly provide Your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.
f) Assignment: You may not assign or otherwise transfer Your rights or obligations under these Terms. We may assign our rights and duties under these Terms without any such assignment being considered a change to these Terms and without any notice to you.
g) Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office [Client to provide for the same in the ‘Contact Us’ hyperlink].
h) Contact Information: If you have any questions or suggestions regarding our Terms, please contact us at email@example.com