Terms of Use
OVERVIEW
Welcome to MochiYume! The terms "we", "our" and "us" refer to MochiYume. MochiYume operates this store and website, including all associated information, content, features, tools, products and services, to offer you, as a customer, a personalized shopping experience (the "Services"). MochiYume uses the Shopify platform, which allows us to provide you with the Services.
The general terms below, as well as the policies referenced therein (the "Terms of Use" or "TOU"), describe your rights and responsibilities when using the Services. Please read these Terms of Use carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Use and our Privacy Policy [LINK]. If you do not accept these Terms of Use or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 – ACCESS AND ACCOUNT
By accepting these Terms of Use, you represent that you have reached the age of legal majority in your state or province of residence and give us your consent to allow your minor children to use the Services on devices you own, purchase or manage.
To use the Services, you may be required to provide certain information such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is accurate, current and complete, and that you have all necessary rights to communicate this information. You are solely responsible for the security of your account credentials and all activity related to your account. You may not transfer, sell, assign or sublicense your account to another person.
ARTICLE 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online stores. Please note that colors or appearance of products may differ from what is displayed on your screen due to the type of device you use to access the store and its settings. We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or be identical to what is presented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of products we offer per person, geographic region or jurisdiction.
ARTICLE 3 – ORDERS
When you place an order, you are making an offer to purchase. MochiYume reserves the right to accept or refuse your order for any reason at its discretion. Your order is only considered accepted after written confirmation from MochiYume. We must receive and process your payment before your order is validated. Please review your order carefully before submitting, as MochiYume may not be able to accept cancellation requests once an order is confirmed. In case of refusal, modification or cancellation, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of the order.
Your purchases are subject to the return or exchange conditions set out in our Refund Policy [LINK]. You represent and warrant that your purchases are intended for personal or domestic use, and not for commercial resale or export.
ARTICLE 4 – PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import charges.
Prices displayed in our online stores may differ from those in our physical stores or on other online platforms operated by third parties. You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You warrant that: (i) your credit card information is accurate and complete, (ii) you are authorized to use the card for the purchase, (iii) charges will be honored by your card issuer, and (iv) you will pay all charges at the displayed prices, including shipping, handling fees and applicable taxes.
ARTICLE 5 – SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All delivery timeframes are estimates and are not guaranteed. We disclaim all liability for delays caused by carriers, customs formalities or any event beyond our control. Once products are handed to the carrier, ownership and risk of loss transfer to you.
ARTICLE 6 – INTELLECTUAL PROPERTY
Our Services, including all trademarks, texts, displays, images, graphics, product reviews, videos and audio content, as well as their design, selection and arrangement, are the exclusive property of MochiYume, its subsidiaries or licensors, and are protected by patent, copyright and intellectual property laws.
These Terms authorize you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. All rights not expressly granted in these Terms are reserved by MochiYume.
ARTICLE 7 – OPTIONAL TOOLS
You may have access to third-party tools through the Services, which we do not monitor and have no control over. We provide access to these tools "as is" and "as available" without any warranty or endorsement. We disclaim all liability arising from your use of optional third-party tools. Use of optional tools is entirely at your own risk and discretion.
ARTICLE 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or features. We are not responsible for examining or evaluating third-party content or websites. If you leave the Services to access third-party materials, you do so at your own risk. We disclaim all liability for any harm related to your access to third-party websites or the purchase or use of products or services on those sites. Claims regarding third-party products and services must be directed to the relevant third party.
ARTICLE 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
MochiYume is powered by Shopify, which allows us to offer you the Services. However, all sales or purchases made in our Store are made directly with MochiYume. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and MochiYume. You expressly release Shopify and its affiliates from all claims, damages and liability arising from your purchase and transaction with MochiYume.
ARTICLE 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy [LINK] and may also be subject to Shopify's Privacy Policy. By using the Services, you confirm having read these privacy policies. Since the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Information you submit will be shared with Shopify and third parties who may be located in different countries. See our Privacy Policy [LINK] for details.
ARTICLE 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation received in connection with your Feedback; (iii) your Feedback complies with these Terms. We are not obligated to (1) maintain confidentiality of your Feedback; (2) pay compensation for your Feedback; (3) respond to your Feedback.
We may, without obligation, monitor, modify or remove Feedback we deem, at our sole discretion, unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable. You are solely responsible for your Feedback and its accuracy.
ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS
The Services may occasionally contain typographical errors, inaccuracies or omissions regarding product descriptions, prices, promotions, offers, shipping charges, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time without prior notice.
ARTICLE 13 – PROHIBITED USES
You may only use the Services for lawful purposes. You are strictly prohibited from using the Services: (a) for unlawful or malicious purposes; (b) in violation of any regulations or laws; (c) to infringe intellectual property rights; (d) to harass, abuse, harm or defame any person; (e) to transmit false or misleading information; (f) to send, upload or use non-compliant content; (g) to send spam or unsolicited promotional materials; (h) to impersonate any person or entity; (i) to restrict or inhibit others' use of the Services.
You also agree not to: (a) upload viruses or malicious code; (b) reproduce or sell any part of the Services; (c) collect others' personal information; (d) engage in spam, phishing or pharming; (e) use automated tools or AI to access the Services; (f) circumvent security features. We reserve the right to suspend or terminate your account at any time without notice for violations of these Terms.
ARTICLE 14 – AGENTS
14.1 This section applies if you use, authorize or enable an Agent to access, use or interact with the Services. An "Agent" means any software or service acting autonomously or semi-autonomously on behalf of a person.
14.2 No Agent may access the Services unless it continuously identifies itself and operates in strict compliance with section 14.4. No Agent may access the Services if we have requested it to refrain from doing so.
14.3 We may technically restrict how an Agent accesses the Services.
14.4 Agents must: (i) identify themselves in all HTTP/HTTPS requests by including "Agent/[agent name]" in the user agent string; (ii) not conceal that access comes from an Agent, including by mimicking human behavior or bypassing CAPTCHAs; (iii) honestly answer any question determining whether interactions come from a human or computer; (iv) not circumvent any measures designed to block or limit Agent access.
ARTICLE 15 – TERMINATION
We reserve the right to terminate this agreement or your access to the Services at any time, at our sole discretion, without notice. You remain liable for all amounts due up to and including the termination date. The following articles survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, and Privacy Policy.
ARTICLE 16 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY MOCHIYUME, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
ARTICLE 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MOCHIYUME, OUR PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUE, SAVINGS, DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THEM.
ARTICLE 18 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MochiYume, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable attorneys' fees, arising from (1) your breach of these Terms of Use, (2) your violation of any law or third-party rights, or (3) your access to and use of the Services.
ARTICLE 19 – SEVERABILITY
If any provision of these Terms of Use is found to be unlawful, void or unenforceable, that provision shall be enforceable to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity of the remaining provisions.
ARTICLE 20 – WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Use, together with any policies or rules of operation published by us, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements.
ARTICLE 21 – ASSIGNMENT
You may not delegate, transfer or assign this agreement or any of your rights or obligations without our prior written consent. Any unauthorized assignment attempt shall be null and void. We may transfer or assign these Terms and our rights and obligations without your consent.
ARTICLE 22 – GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction where MochiYume is headquartered. You and MochiYume expressly consent to the jurisdiction of these courts.
ARTICLE 23 – HEADINGS
Headings used in this agreement are inserted for convenience only and shall not affect the interpretation of these Terms.
ARTICLE 24 – CHANGES TO TERMS OF USE
The most current version of the Terms of Use is available at any time on this page. We reserve the right to update, modify or replace any part of these Terms by posting updates on our website. Your continued use of the Services after posting of changes constitutes acceptance of those changes.
ARTICLE 25 – CONTACT
For any questions regarding these Terms of Use, please contact us through the contact form on our website.
