TERMS & CONDITIONS

 

IMPORTANT NOTE: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY

IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

SPECIFICALLY, PLEASE REFER TO THE SECTION TITLED “SETTLING DISPUTES

BETWEEN YOU AND RABBI KUMI,” WHICH REQUIRES THAT CERTAIN DISPUTES BE

SETTLED THROUGH MANDATORY BINDING ARBITRATION AND PRECLUDE YOU

FROM LEADING OR PARTICIPATING IN A CLASS ACTION, AS WELL AS THE

SECTIONS TITLED “CLASS ACTION WAIVER” AND “JURY TRIAL WAIVER” WHICH

CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER FOR NON-

ARBITRABLE DISPUTES.

 

By accessing or purchasing from this website, you agree to the following: All comics, artwork,

animations, written content, and clothing sold under RABBI KUMI are protected by copyright

and intellectual property laws and may not be copied, modified, redistributed, or used for

commercial purposes without prior written consent. Some creative content may include

mature, graphic, or violent themes. Viewer discretion is advised, and access is restricted to

users of legal age in their jurisdiction. All products are subject to availability, and we reserve

the right to limit or refuse any order. Prices, product descriptions, and availability are subject

to change without notice. Shipping times and delivery dates are estimates only, and RABBI

KUMI is not responsible for delays or issues with third-party carriers. We may provide links to

third-party websites for your convenience; however, we are not responsible for their content,

policies, or practices. You agree not to misuse this site, interfere with its functionality, or

engage in unlawful activity while using it. To the maximum extent permitted by law, RABBI

KUMI is not liable for any damages, losses, or claims arising from your use of this site, its

content, or its products. By continuing to browse or make purchases, you acknowledge and

accept these Terms & Conditions, and you agree that any disputes shall be resolved

exclusively in the courts. These Terms may be updated at any time without prior notice.

 

Acceptance of User Agreement

1. By registering for and/or using the Services in any manner, including but not limited to

visiting or browsing the Site, you agree to these Terms of Service (hereinafter, “User

Agreement”) and all other operating rules, policies and procedures that may be published

from time to time on the Site by us, each of which is incorporated by reference and each of

which may be updated from time to time without notice to you.

2. Certain Services may be subject to additional terms and conditions specified by us from

time to time; your use of such Services is subject to those additional terms and conditions,

which are incorporated into this User Agreement by this reference.

3. This User Agreement applies to all users of the Services, including, without limitation,

users who are contributors of content, information, and other materials or services, registered

or otherwise.

Eligibility

If you are below the age of consent under applicable law in the country in which you reside,

then your parent or legal guardian must read and accept the terms and conditions of this

User Agreement in your name and on your behalf. If you are agreeing to this User Agreement

on behalf of an organization or entity, you represent and warrant that you are authorized to

do so.In the U.S., you must be at least 16 years of age to use the Services. By using the Services,

you represent and warrant that you are at least 16 years of age. If you are under age 16, you

may not, under any circumstances or for any reason, use the Services. Our Sites are not

targeted to nor meant for anyone under 16 years of age. If you become aware of anyone

using the Services who is under the age of 16, please report this to: contact@rabbikumi.com

We do not knowingly collect information from anyone under the age of 16.

We may, in our sole discretion, refuse to offer the Services to any person or entity for any

reason. We may also change this eligibility criteria at any time, in our sole discretion. You are

solely responsible for ensuring that your use of the Services is in compliance with all laws,

rules and regulations applicable to you. If you are a minor, you may wish to consult your

parents about what portions of the Services are appropriate for you.

Further, the Services are offered only for your personal use, and not for the use or benefit of

any third party.

You cannot access or use the Services if you are barred from receiving the Services under

applicable law or have previously been suspended or removed from the Services.

 

Content

For purposes of this User Agreement, the term “Content” includes, without limitation, any

information, data, text, photographs and other images, videos, audio clips, written posts,

articles, comments, software, scripts, graphics, and interactive features generated, provided,

or otherwise made accessible on or through the Services. For the purposes of this

Agreement, “Content” also includes all User Content (as defined below).

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the

Services by users (collectively “User Content”), whether publicly posted or privately

transmitted, is the sole responsibility of the person who originated such User Content. You

represent to us that all User Content provided by you is accurate, complete, up-to-date, and

in compliance with all applicable laws, rules and regulations. You acknowledge that all

Content, including User Content, accessed by you using the Services is at your own risk and

you will be solely responsible for any damage or loss to you or any other party resulting from

your actions. We do not guarantee that any Content you access on or through the Services is

or will continue to be accurate or available.

Intellectual Property Rights. The Services may contain Content specifically provided by us,

our partners or our users, and such Content is protected by copyrights, trademarks, service

marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by all

copyright or other legal notices, information, and restrictions contained in any Content

accessed through the Services (“Protected Content”). The trademarks, logos, trade names,

trade dress, and service marks, whether registered or unregistered (collectively the

“Trademarks”) displayed on the Services are Trademarks of RABBI KUMI and its third party

partners. Nothing contained on the Services shall be construed as granting by implication or

otherwise, any license or right to use any Protected Content or Trademarks displayed on the

Services without the written permission of RABBI KUMI or such third party that may own the

Protected Content or Trademarks.

Any unauthorized commercial use of the Content or Trademarks will violate the intellectual

property rights of RABBI KUMI and/or third parties associated with RABBI KUMI and will be

subject to RABBI KUMI’s and/or those third party’s full legal rights and remedies.

Use License. Subject to this User Agreement, we grant each user of the Services a

worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view,print, 

download, and display locally Content, to the extent we hold such rights, solely for the

user’s personal use of the Services. Use, reproduction, modification, distribution or storage of

any Content for any other purpose is expressly prohibited without prior written permission

from us. You shall not sell, license, rent, or otherwise use or exploit any Content for

commercial use or in any way that violates any third party right.

License Grant. By submitting User Content through the Services, you grant us a worldwide,

non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable, license to

use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of,

display, perform, and otherwise fully exploit the User Content in connection with the Site, the

Services and our (and our successors’ and assigns’) businesses, including without limitation

for promoting and redistributing part or all of the Site or the Services (and derivative works

thereof) in any media formats and through any media channels (including, without limitation,

third party websites and feeds), including after your termination of your Account or the

Services. For the sake of clarity, the foregoing license grant includes our right to distribute,

display, perform and otherwise use the User Content in connection with material provided by

our advertisers and other business partners, and you shall not be entitled to any

remuneration for such use. To the extent any User Content you submit includes any

biographical information, including your name, likeness, voice, or photograph, you

acknowledge and agree that this license shall apply to the same. You also grant each user of

the Site and/or the Services a non-exclusive, perpetual license to access your User Content

through the Site and/or the Services, including after your termination of your Account or the

Services. For clarity, the foregoing license grants to us and our users do not affect your other

ownership or license rights in your User Content, including the right to grant additional

licenses to your User Content, unless otherwise agreed in writing. You represent and warrant

that you have all rights to grant such licenses to us without infringement or violation of any

third party rights, including without limitation, any privacy rights, publicity rights, copyrights,

trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Services,

you are waiving and agreeing not to assert any trademarks, copyrights, rights of publicity, or

“moral” rights or claims resulting from our alteration of the User Content or any

photograph(s), footage, illustrations, statements or other work contained in the User Content.

You are also agreeing to appoint RABBI KUMI as your irrevocable attorney-in-fact with

respect to the User Content, with the right to execute and deliver any documents, in your

name and on your behalf, to ensure that Commerce Media Holdings, LLC can use the User

Content that you are licensing in any way RABBI KUMI sees fit to own and protect the rights

in any derivative works created from your User Content, and to have the User Content

removed from any other website or forum.

Unless prohibited by applicable law, upon request from RABBI KUMI, you agree to execute

and deliver any such additional documents that RABBI KUMI deems reasonably necessary

to establish our ability to use the User Content as we see fit and that “Moral Rights of

Authors” are waived under this User Agreement. Should RABBI KUMI fail to request any

licenses or other documents, that shall not be deemed a waiver of RABBI KUMI’s rights and

we may request any such documents at a later time.

Unless otherwise agreed upon in writing by you and RABBI KUMI, you may not use any third

party platforms, other than your own website or your own social media pages, to link to or

distribute the Content.

Availability of Content. We do not guarantee that any Content will be made available on the

Site or through the Services. We reserve the right to, but do not have any obligation to, 

(i)monitor, remove, edit, modify or otherwise manipulate any Content in our sole discretion, at

any time, without notice to you and for any reason (including, but not limited to, upon receipt

of claims or allegations from third parties or authorities relating to such Content or if we are

concerned that you may have violated this User Agreement), or for no reason at all and (ii) to

remove or block any Content from the Services.

Third Party Affiliates. We participate in affiliate marketing and may allow affiliate links to be

encoded on some of our pages. This means that we may earn a commission if/when you

click on or make purchases via affiliate links. If you purchase any of the products or services

offered by these third parties, you are purchasing directly from those third parties, not from

RABBI KUMI. We are not responsible for examining or evaluating, and we do not warrant,

the offerings of any of these third parties (including the content of their websites, their

availability, or their pricing). RABBI KUMI does not assume any responsibility or liability for

the actions, products, services, or content of these third parties. These third parties may have

their own terms and privacy policies, which you should review carefully.

Rules of Conduct

As a condition of use, you agree not to use the Services for any purpose that is prohibited by

this User Agreement. You are responsible for all of your activity in connection with the

Services. You shall not (and shall not permit any third party to) either (a) take any action or

(b) upload, download, post, submit or otherwise distribute or facilitate distribution of any

Content on or through the Service, including without limitation any User Content, that:

1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of

any other person or entity or violates any law or contractual duty;

2. you know is false, misleading, untruthful or inaccurate;

3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,

invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane,

contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as

determined by us in our sole discretion;

4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

5. contains software viruses or any other computer codes, files, or programs that are

designed or intended to disrupt, damage, limit or interfere with the proper function of any

software, hardware, or telecommunications equipment or to damage or obtain unauthorized

access to any system, data, password or other information of ours or of any third party;

6. impersonates any person or entity, including any of our employees or representatives;

7. includes anyone’s personal data (as defined in our Privacy Policy), identification

documents, or other sensitive information, without having their prior consent;

8. accesses the Services to build a similar or competitive website, application, product, or

service; or

9. uses the Services in any way except as permitted by this User Agreement.

You shall not: (i) take any action that imposes or may impose (as determined by us in our

sole discretion) an unreasonable or disproportionately large load on our (or our third party

providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the

Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to

bypass or circumvent any measures we may use to prevent or restrict access to the 

Services(or other accounts, computer systems or networks connected to the Services); (iv) run any

form of auto-responder or “spam” on the Services; (v) use manual or automated software,

devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape

any Content from the Services; or (vii) otherwise take any action in violation of our guidelines

and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or

otherwise attempt to derive any source code or underlying ideas or algorithms of any part of

the Services (including without limitation any application), except to the limited extent

applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create

derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise

transfer any of the rights that you receive hereunder. You must abide by all applicable local,

state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we

reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or

governmental request; (ii) enforce this User Agreement, including investigation of potential

violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical

issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of

us, our users and the public.

Third Party Services. The Services may permit you to link to other websites, services or

resources on the Internet, including but not limited to our sponsors, Facebook, and Google,

and other websites, services or resources may contain links to the Services. When you

access third party resources on the Internet, you do so at your own risk. These other

resources are not under our control, and you acknowledge that we are not responsible or

liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of

such websites or resources. If you believe that any linked content on other websites, services

or resources violates applicable law or may be inappropriate, please notify us. We will review

the linked content and may, in our sole discretion, remove the link from the Services. The

inclusion of any such link does not imply any association between us and their operators.

You further acknowledge and agree that we 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 the

use of or reliance on any such content, goods or services available on or through any such

website or resource.

Additional Terms May Apply. Depending on the Content or features included in the Services,

additional terms may apply (“Additional Terms”). Additional Terms may also apply for

promotions, sweepstakes, contest, giveaways, or similar programs. If this User Agreement is

inconsistent with any Additional Terms, the Additional Terms will control.

Our Communications to You. We may communicate with you electronically, including by

posting notices on the Site or by responding to your emails. You agree that all agreements,

notices, disclosures or other communications that we provide to you electronically satisfy any

legal requirement that such communications be in writing.

Feedback and Unsolicited Material. Any feedback, comments, or suggestions (“Feedback”)

you may provide regarding the Site or the Services is entirely voluntary.

By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all

intellectual property rights and other rights in it, and you will provide us with reasonable

cooperation in documenting this grant. We have no obligation to do anything with Feedback,

but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise

fully exercise and exploit any such Feedback via all forms of media, distribution methods,and 

technology now known or later developed, for any purposes, commercial or otherwise,

and to transfer or license our rights in the Feedback, without notice, acknowledgement or

compensation to you.

Termination. We may terminate your access to all or any part of the Services at any time,

with or without cause, with or without notice, effective immediately, which may result in the

forfeiture and destruction of all information associated with your Account. If you wish to

terminate your Account, you may do so by following the instructions on the Site or through

the Services. All provisions of this User Agreement which by their nature should survive

termination shall survive termination, including, without limitation, licenses of User Content,

ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Notwithstanding the foregoing, upon such termination, we reserve the right to archive your

Account and/or retain User Content to the extent necessary to comply with legal and/or audit

requirements or other applicable data retention policies.

 

Payments

You agree to pay all applicable charges and fees (including taxes, shipping and handling)

related to any purchase you make on or through the Services, which are described upon

checkout. All payments are processed and collected by our third-party service providers.

Depending on the Site you are making purchases on, you may have a limited amount of time

to purchase the products. Some of our brands offer a limited number of each item and do not

guarantee product replenishment. In these situations, we will fulfill orders in the order they

are received, and therefore products may sell out before your order for such product is fully

processed. In the event that we cannot fully process your order due to lack of products, we

will refund the fees you paid for the unavailable product to your payment card.