Terms and Condition
Terms and Conditions
I. AGE RESTRICTIONS
The Site is not intended for children under the age of 18 and no person under the age of 18 may use the Site. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
II. AVAILABILITY OF PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. 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, however, we do not guarantee or warrant the accuracy of the color of any product offered on the Site. 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 defects or errors in providing services to you in connection with your use of the Site will be corrected.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product listed on the Site with no advance notice.
For more information, please review of Returns Policy.
III. ACCOUNT REGISTRATION
Certain features, such as but not limited to making purchases using the Site, require registering a valid user account with us. Registering for an account may include selecting a user account name and/or password. Your account name and password are personal to you, and you are responsible for maintaining the confidentiality and use thereof, and for all activities (including commercial and non-commercial transactions) that are conducted through your account.
You agree that SHIBA & Co. shall not be responsible or liable for any harm related to the use or disclosure of your username and/or password. You may not use another user’s username and password to access someone else’s account. If you discover that someone has used your account or are otherwise aware of a security breach in connection with your account, you agree to notify SHIBA & Co. in writing and to change your username/password immediately.
As part of the account registration process, you may provide billing information that is linked to your account. You agree to provide current, complete and accurate billing and account information for all purchases made using the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
IV. THIRD PARTY TOOLS AND PLUGINS
The Site may provide you with access to third-party tools, which SHIBA & Co. does not monitor nor have any control nor input over.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
V. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
- you will not use or access the Site or Content (as defined below) if you are not able to form legally binding contracts (for example, if you are under 18 years old);
- you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or applications associated with the Site and/or the Content;
- unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site and/or the Content;
VI. OWNERSHIP AND COPYRIGHT
The Site is owned and operated by SHIBA & Co. Unless otherwise noted, all design and content included therein, including text, graphics, logos, icons, images, artwork, audio and video clips and software (“Content”) is the property of SHIBA & Co. (or is used under license to SHIBA & Co.) and is protected by United States and international copyright laws. SHIBA & Co. reserves all right, title and interest in and to such Content.
SHIBA & Co., shibandco.com, and other marks indicated on the Site are trademarks and/or service marks of SHIBA & Co. or its affiliates. Other graphics, logos, headers, icons, scripts, and service names are also trademarks or trade dress of SHIBA & Co.. SHIBA & Co. trademarks, service marks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits SHIBA & Co.. All other trademarks related to the Site are the sole property of their respective owners.
VIII. USE OF SITE AND CONTENT
The Site and Content are intended solely for personal use by visitors. Any use of the Site or accompanying Content other than for personal purposes is prohibited. You agree not to reproduce, publish, transmit, distribute, modify, create derivative works from, or commercially exploit in any way any of the content of the Site. You may use the Site, however, subject to a revocable license and not a transfer of title, so long as you agree to not (a) modify the Content or use it for any commercial purpose, or any public display, performance, sale or rental, (b) decompile, reverse engineer, or disassemble the Content, or (c) remove any copyright, trademark registration, or other proprietary notices from the Content. You further agree not to access or use the Site in any manner that may be harmful to its operation or Content.
IX. MODIFICATION TO THE SITE
SHIBA & Co. reserves the right to modify or discontinue, temporarily or permanently, Site, Content or Services or any part of any of the foregoing with or without notice. You agree that SHIBA & Co. shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
X. COMMENTS AND SUGGESTIONS
We appreciate hearing from our clients and welcome your comments and suggestions regarding the Site and Services, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
The Site may permit you to upload or transmit content such as, but not limited to, text, graphics, images, submissions, articles, message boards posts, user comments, user reviews, or other information and materials (“Provided Materials”).
You agree that all Provided Materials shall be governed according to the following:
(a) any Provided Materials that are subject to an existing agreement between you and SHIBA & Co. shall be governed by the terms of that existing agreement;
(b) all articles or blogs included in the Provided Materials shall be the property of SHIBA & Co., and you hereby assign, and agree to assign all right, title, and interest in and to the same; and
(c) with respect to any Provided Materials not covered by provisions (a) or (b) you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted, SHIBA & Co. a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. SHIBA & Co. may sublicense its rights through multiple tiers of sublicenses.
You may submit Provided Materials, not governed by a pre-existing agreement between you and SHIBA & Co., to portions of the Site that other users may see, access or interact with (collectively "Public Areas"). Functionality permitting, you may also upload such Provided Materials via official social media platforms relating to the Site or SHIBA & Co. (including, without limitation Facebook, Twitter, YouTube, Instagram, collectively "Social Media Platforms").
If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions, or materials other than those that we have specifically requested. SHIBA & Co. values your feedback on our products and our services but requests that you be specific in your comments and not submit creative ideas, inventions, suggestions, or materials. Any feedback, comments, or suggestions that you do send to will become the property of SHIBA & Co. and shall not be subject to any obligation of confidentiality on the part of SHIBA & Co.. SHIBA & Co. shall not be liable for any use or disclosure of any such feedback, comments, or suggestions. SHIBA & Co. shall be entitled to unrestricted use of any such feedback, comments, or suggestions for any purpose whatsoever, commercial, or otherwise, without compensation to you or any other person who submitted the information.
XI. OTHER SITES
The Site contain links to web sites that are not maintained by SHIBA & Co.. We try to include links to only those web sites that are in good taste and safe for our visitors, but we are not responsible for the content or accuracy of any web sites other than our own and cannot guarantee that such web sites will not change without our knowledge. The inclusion of a link on the Site does not imply our endorsement of the web site. If you decide to use any links to access other web sites, you do so at your own risk.
XII. GEOGRAPHIC SCOPE
shibandco.com is directed to people residing in the United States and its territories. SHIBA & Co. does not represent that any Content available on or through the Site is appropriate or available in other locations. If you choose to access the Site from outside the United States, you do so at your own risk, and SHIBA & Co. shall not be liable for any use or access of the Site from outside the United States.
XIII. NO GUARANTEE
XIV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, SERVICES, CONTENT, MATERIALS AND INFORMATION PROVIDED BY SHIBA & Co. ON ANY ITS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU ASSUME THE ENTIRE RISK OF AND AGREE THAT SHIBA & Co. NOR ANY OF AFFILIATES EXISTING FROM TIME TO TIME (“SHIBA & Co. ENTITIES”) SHALL HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTIES, AND AGREE TO RELEASE AND DISCHARGE ALL OF THE SHIBA & Co. ENTITIES FROM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR OTHERWISE) ARISING OUT OF THE SITE, SERVICES, CONTENT OR YOUR USE OR ACCESS TO ANY OF THE FOREGOING OR RELATING TO THE QUALITY, ACCURACY, SECURITY, PERFORMANCE, OR FAILURE OF THE SITE, SERVICES, CONTENT, ANY PROPRIETARY OR THIRD PARTY TECHNOLOGY OR SERVICE WE MAY USE TO PROVIDE THE SITE, SERVICES, CONTENT OR ANY INFORMATION OR CONTENT RECEIVED FROM, OR CREATED BY YOU OR ANY THIRD PARTY. SHIBA & Co. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON ITS SITE(S). YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SITE, SERVICES, AND/OR CONTENT IS AT YOUR OWN RISK.
EXCEPT TO THE EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE JUDGMENT THAT SUCH LIABILITY RESULTED DIRECTLY AND PRIMARILY FROM SHIBA & Co.’S WILLFUL MISCONDUCT OR FRAUD, SHIBA & Co.’S LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF SHIBA & Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTIES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). IN ANY EVENT, SHIBA & Co. WILL NOT HAVE ANY LIABILITY (WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF SHIBA & Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE, OPPORTUNITY, USE, OR DATA (IN EACH CASE, WHETHER DIRECT OR INDIRECT), OR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
XV. INDEMNITY; WAIVER
If you are a California resident, you waive California Civil Code §1542, which says: “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.”
XVII. APPLICABLE LAW
XVIII. Digital Millennium Copyright Act Enforcement (DMCA)
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting SHIBA & Co.’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide SHIBA & Co. with its URL or any other pertinent information that will allow SHIBA & Co. to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
SHIBA & Co. agent for copyright issues relating to the Site is as follows:
SHIBA & Co.,
Attn: COPYRIGHT NOTICE
555 W43RD ST
New York, NY 10036
Nicolo Di Stefano
Last updated: July 29th, 2022