Welcome to the Naka Apparel website, located at https://www.NakaApparel.com (the “Site”).
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND NAKA APPAREL. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT OR SUBSCRIBING. BY ACCESSING THIS WEBSITE YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS THIS WEBSITE AND DISCONTINUE YOUR REGISTRATION AND/OR SUBSCRIPTION. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Naka Apparel” and our logos and other marks are either trademarks or registered trademarks of Naka Apparel (“Trademarks”). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Property”). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Naka Apparel’s ownership of the Site and the content therein or the validity or enforceability of Naka Apparel’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppels or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Naka Apparel or any third party.
None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Naka Apparel, which permission may be withheld in our sole and absolute discretion.
Accuracy of Information
While we use reasonable efforts to include accurate and up to date information on the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.
Our Rights To Your Content
Any communication or material you transmit or post will be treated as non-confidential and non-proprietary by Naka Apparel. You are solely responsible for any content, reviews, discussions, postings, transmissions, news, messages or comments (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site or any material or information that you transmit to other users of the Site. By posting Content on any public area of the Site, you automatically grant, as well as represent and warrant that you have the right to grant, to Naka Apparel, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that Naka Apparel has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that Naka Apparel may review and delete any Content that in the sole judgment of Naka Apparel violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of Naka Apparel or any user of the Site.
Posting On The Site
You represent and warrant that: (i) you own any Content posted by you on the Site or otherwise submitted to us in connection with the Site, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your account. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Naka Apparel event is at your sole risk.
You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content you submit, transmit, or post on to or through the Site. Since we cannot guarantee security of information on the Site, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site and that you provide to others.
If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
All clients of Naka Apparel shall sign a separate agreement with Naka Apparel before services are rendered.
You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site, with or without notice. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.
THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, NAKA APPAREL DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NAKA APPAREL SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NAKA APPAREL THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
NAKA APPAREL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING, BUT NOT LIMITED TO, INFORMATION APPEARING ON ANY COMMUNITY PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability
NAKA APPAREL SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, THE RESULTS GENERATED FROM THE USE OF THIS SITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAKA APPAREL’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO NAKA APPAREL IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
You will indemnify and hold Naka Apparel, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages, incarceration or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline Naka Apparel event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on the Site by you and/or any third party.
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Clark County, Nevada, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMS”) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Clark County, Nevada. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
BY ACCESSING THIS SITE, IT WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE AND/OR CREATE AN ACCOUNT.
LAST MODIFIED: November 16, 2015