Gokaido
User Terms of Service
These User Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“User”, “you” or “your”) and GOKAIDO YT LLC, a Delaware limited liability company (referred to in these Terms as “Company”, “Gokaido”, “we”, “us” or “our”) for the use of the website https://stage.gokaido.com, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform”).
BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY COMPANY (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).
Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform, products, and services. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.
You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.
ARBITRATION NOTICE.
Except for certain kinds of disputes described in Section 23, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 23). For any dispute involving amount less than Eight Thousand ($8,000.00) Dollars, the Parties shall submit such disputes to non-binding mediation in Miami-Dade County (JAMS Rules).
1. Overview.
Company provides you access to our personalized virtual Platform which brings together collectors, artists, enthusiasts, and sellers to showcase, browse, discover, offer, sell, and buy (“Company Services”) unique goods, including trading cards, art pieces, comic books, antiques, action figures and other collectibles (“Products”). The Platform enables you to both display your Products and selectively offer Products for sale, at your discretion. Company is not a party to contracts between you and third-party sellers (“Seller”). Additionally, Company is not a traditional auctioneer. If you sell or intend to sell Products on our Platform, please refer to our Seller Terms of Service for more information, to which you agree to be bound.
2. Eligibility.
By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations. If you are under the age of eighteen (18), you represent that you have your parent’s or legal guardian’s permission to use the Platform.
2.1 Parents and Legal Guardians. If you are a parent or legal guardian who allows your minor children to use the Platform through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Platform. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Platform.
3. Accounts and Registration.
3.1 As part of the Platform, you may need to create an account to access Company Services and sell and/or buy Products (“Account”). You will receive an email confirming the creation of your Account.
3.2 When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information which will provide you access to the Platform. You agree that any and all information you provide to us and to Seller is accurate and that you will keep it accurate and up to date, at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your Account is no longer secure, then you must immediately notify us at mail@gokaido.com.
3.3 User Profile. In Connection with displaying your Products within your Account on the Platform and buying Products from a Seller, you will create a User profile (“Profile”). Your Profile information, will be visible to Users and Sellers. Your Profile may include elements such as a username and profile picture, among other features. All Profile content remains subject to these Terms and our Privacy Policy.
3.4 Incurring Liabilities. Notwithstanding any other terms of this Agreement, any acts or omissions by you that violate these Terms shall be deemed a breach of these Terms and you will indemnify, defend, and hold Company harmless from and against all damages, liabilities, costs, and expenses that Company may incur as the result of your such breach.
4. Overview of User Policy.
The Company Services and Platform connect Users and Sellers. Below you will find the terms that are relevant to you as a User on the Platform.
4.1 User Policy. User understands and acknowledge that User is not purchasing any Products from Company directly, but from Sellers on the Platform. Sellers are governed by our Seller Terms of Service. Products uploaded, displayed, and sold on Platform are not approved or guaranteed by the Company. The Company does not guarantee or endorse any Products or content uploaded, displayed, and/or sold on Platform. The Company acts merely as an online marketplace for independent Sellers to sell their Products. All transactions to purchase and sell Products are strictly by and between Users and Sellers, as further set forth herein.
4.1.1 Displaying Products. Users will have the ability to create and/ or display original or purchased Products for third-parties to view on the Platform. To remain in compliance with these terms, you must follow these labeling requirements:
4.1.1.1 For purchased Products: include “User is not associated with the original creator or seller.”
4.1.1.2 For any original or purchased Products uploaded for display-only: include “Item is for display only and not for sale.”
4.1.2 Prohibited Use of Artificial Intelligence. You acknowledge and agree that the use of artificial intelligence to create or modify works of art, content, or Products displayed and sold on the Platform is prohibited. At its discretion, Company may request video evidence from you of your creative process to verify originality. Failure to provide requested verification video may result in removal of your uploaded work of art, content, or Product and account termination.
4.1.3 Prohibited Products. The following items are prohibited or restricted from being sold and purchased on the Platform:
- counterfeit products;
- hazardous materials, dangerous products, and weapons;
- alcohol, tobacco, drugs, drug paraphenalia, medical drugs and devices, and any other substance related to a medical claim;
- animal products, human body parts, and fluids;
- any product that promotes, supports, or emphasize hatred;
- products promoting illegal activity, and highly regulated products; and/or
- products that promote, support, or emphasize violence.
4.2 Buying Process. In the solicitation, claim, acceptance, or performance of the sale of a Product, you agree to the following:
4.2.1 Contact with a Seller relating to the purchase and sale of a Product will only take place through the Messaging Tool on the Platform. There will be no off-platform communication relating to the purchase and sale of a Product;
4.2.2 You will not make a direct payment of the Fee(s) to the Seller and all payments must be processed through the Company on the Platform; and
4.2.3 You will not solicit additional purchases directly from the Seller and, in the event a Seller attempts to solicit you for an off-Platform sale, you shall direct the Seller to make further sales to you through the Platform.
4.3 Waiver. You waive the right to bring or assert any claim against Company relating to any interactions or dealings with any Seller and release Company from any and all liability for or relating to any interactions or dealings with other sellers. You agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Sellers on the Platform.
4.4 Messaging Tool. Our Platform includes a chat feature that allows Users to communicate directly with Sellers (“Messaging Tool”). The Messaging Tool enables you to discuss details about the sale of Products, ask questions, and learn more about a third-parties collection.
The Messaging tool may not be used for: (1) harassment or abuse of another; (2) sending unsolicited advertisements or promotions; (3) interfering with the sale or Products of another (interference means intentionally attempting to restrict or destroy another’s Products and the sale thereof); (4) sending spam messages; (5) the exchange of inappropriate, obscene, vulgar, or discriminatory language; (6) continuously contacting another seller or user who has requested you stop; (7) proposing an exchange or sale off-Platform; and (8) any other form of communication that would interfere with another’s use and enjoyment of the Platform in a safe and professional manner. User agrees and acknowledges to only share personal information to the extent absolutely necessary to carry out the completion of a sale.
4.5 Creating and Uploading Products. All Products uploaded, displayed, and/or sold on the Platform will not contain language or content that is: (1) hateful or derogatory; (2) threatening, harmful, or harassing; (3) counterfeit, false, deceptive, or misleading; (4) that is sexualizing minors, whether real or a fake character; and/or (5) any other type of language or content that violates these Terms therein. If you violate any part of these Terms, your right to access and/or use the Platform shall automatically terminate.
4.6 Information Regarding Sellers
4.6.1 Company does not endorse and is not responsible or liable for any content, data, advertising, products, goods, or services available or unavailable from, or through, any third party or Seller. If you choose to use or rely on such content, data, advertisements, products, goods, or services available or unavailable from, or through any third party or Seller, you agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Seller, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and the Seller and do not involve Company. You should conduct whatever investigation you deem necessary or appropriate before engaging with Seller.
4.6.2 You agree that Company is not responsible for the accessibility or unavailability of any Seller or Product or for your interactions and dealings with them. You waive the right to bring or assert any claim against Company relating to any interactions or dealings with any Seller and release Company from any and all liability for or relating to any interactions or dealings with Seller.
4.6.3 Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of third parties or Sellers found on or through the use of the Platform and Company Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Sellers on the Platform.
4.6.4 No Guarantees. You agree that the Company does not endorse, guarantee, or make any representations about any Seller, other user, or any outcomes thereof, except those clearly stated directly on the Platform. The Company is not involved in any agreements between Users, Sellers, or third parties, and disclaims all liability with respect thereto.
5. User Content
5.1 User Content. By creating an Account and Profile on our Platform, you will be able to upload photographs, videos, images, texts, graphics, and other materials (“User Content”). Any User Content is subject to the following terms and conditions:
5.1.1 You will retain ownership of your User Content, but you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Content and your trademarks, logos, designs (“User Trademarks”) solely in connection with the production or provision of any product or service you request or to show you how your User Content would appear in our products or services.
5.1.2 Please note that, while you retain ownership of your User Content and User Trademarks, any template or layout in which we arrange or organize such User Content and User Trademarks through tools and features made available through our Platform are not proprietary to you, and the rights and intellectual property in and to such templates or layouts will remain with us. You may not use, reuse, modify, decompile, reconstruct, or edit our layouts or templates for any purpose, without our express, prior written consent. Company may, in its sole discretion modify the User Content to fit the requirements of the Platform, including reasonable modification to compile such User Content into our templates and layouts.
5.1.3 You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content and User Trademarks, and that the User Content and User Trademarks do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Content and User Trademarks are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.
5.1.4 You consent to the use of your name, image, and/or likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Content to use such individual’s likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the name, image, or likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Content.
5.1.5 You agree that we may (but are not obligated to) filter any User Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Content (including, without limitation, suspending processing and shipping of any order relating to any User Content) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
5.1.6 User Content that violates these Terms may be removed from our Platform; provided, however, that we have no obligation to remove User Content in response to your reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Content from our Platform. We recommend you keep back-up copies of your User Content on your hard drive or other personal system.
5.1.7 You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content and User Trademarks, including any allegation or claim that such User Content or User Trademarks infringe on the intellectual property or publicity rights of any third-party; (iii) your activities in connection with obtaining any products or services from us; (iv) any activity related to access to or use of your Account or Profile by you or any other person; (v) negligence, willful misconduct, breach of applicable laws, or any other act or omission caused by you in connection with your use of the Platform; and (vi) your breach of any applicable agreement between you and any third-party.
5.2 Limited License Grant to Company. By providing User Content to or via the Platform, you grant Company a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
5.3 User Content Representations and Warranties. Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Platform. By using our Platform and Company Services, and otherwise providing User Content via the Platform, you affirm, represent, and warrant that:
5.3.1 Company does not control any User Content transmitted via the Platform and, as such, does not guarantee the accuracy, integrity or quality of such content;
5.3.2 you understand that by using the Platform, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Platform;
5.3.3 you agree to not use the Platform to impersonate any person or entity or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Platform; upload, post, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or upload, post, transmit or otherwise make available any unsolicited or unauthorized submission, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5.3.4 you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Platform to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Platform, and these Terms;
5.3.5 your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation; and
5.3.6 unless otherwise stated herein, your User Content could not be deemed by a reasonable person to be objectionable, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
5.4 User Content Disclaimer. Company does not control and does not have any obligation to monitor: (a) User Content or (b) any content made available by third parties. We will not be in any way responsible or liable for User Content. Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Platform for operational and other purposes. If at any time, Company chooses to monitor the content, Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy, to which you expressly agree.
6. Discrimination and Hateful Content.
Company prohibits the use of our Platform to discriminate against individuals based on: (1) race; (2) color; (3) ethnicity; (4) national origin; (5) gender; (6) gender identity; (7) religion; (8) sexual orientation; (9) disability; (10) immigration status; (11) social class. Company does not allow for hateful content, including hate speech to be displayed, sold, communicated, or featured on the Platform.
7. Age Restricted Content Notice.
*Temporarily removed – 7/21/2025
8. General Payment Terms.
Although Company may, in its discretion, make certain features and content of the Platform available free of charge to certain users, other features of the Platform may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are stated in U.S. Dollars and shall be deemed non-refundable, once paid. All fees paid by you are final and non-refundable, unless otherwise determined by the Company.
8.1 Products. Subject to your compliance with these Terms, you may purchase the Products made available on the Platform. When browsing our Platform, to purchase one or more Product, you must first select the Product and then add the item to your online shopping cart (the “Cart”). Once you have added all Products that you wish to purchase to your Cart, you then have an opportunity to review your order, including a description of the Products, the order subtotal, shipping costs, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information. We reserve the right to add or remove any Products made available for purchase or display through the Website as we determine in our sole discretion from time to time.
You agree to provide only true, accurate, current and complete information in connection with any purchase of Products, and further agree that by inputting such information you desire to purchase the Products on the terms and conditions set forth herein. By clicking “Complete Your Order”, “Purchase” or similar, you confirm your agreement to purchase the applicable Products and agree that we may charge you for the total cost displayed to you at such time.
8.2 Prices. Seller reserves the right to determine pricing for their Products in its sole discretion and may change pricing at any time. Seller will make reasonable efforts to keep pricing information published on the Platform up to date. We encourage you to check our Platform periodically for current pricing information. Company may change the fees for any feature of the Platform, including additional fees or charges. Company may also, in our sole discretion, make promotional offers with varying features and legal terms available to you. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Platform.
8.3 Authorization. You authorize Company to charge all amounts applicable for paid features that you choose to utilize and any level of Subscription Service (defined below) you select as described in these Terms or published by Company on the Platform, from time to time, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit, debit, or other payment card, Company may seek pre-authorization or verification of your credit card account prior to your purchase to prevent fraud and/or verify that the payment card is valid and has the necessary funds or credit available to cover your purchase. You hereby authorize Company to pre-authorize your payment card for the costs and fees of incurred with the Platform or Subscription Service, including any other fees that may be due hereunder.
You are responsible for any charges assessed by your bank or payment provider. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.
8.4 Payment Processing. You also acknowledge that Company uses the third-party services Stripe® and PayPal® for collecting and receiving payments, including shipping and taxes. By making any payments on or through the Platform, you agree to Stripe’s and PayPal’s terms, conditions, and privacy policies located at https://stripe.com/legal/ssa and https://www.paypal.com/us/legalhub/paypal/home and further authorize Company to share with Stripe and PayPal any information and payment instructions to provide as necessary to complete your transactions. You represent and warrant that you are (1) providing true, accurate, current and complete information, and (2) authorized to use such credit card for the purpose of making such purchase.
You further authorize the Company Stripe®, and PayPal®, to store your credit card information. If the Company does not receive payment from your credit card provider, Products will not be shipped to you until the Company receives payment.
8.5 Delinquent Accounts. We may suspend or terminate your access to the Platform, including fee-based portions of the Subscription Service, if you owe any amount which remains unpaid for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any unpaid amount, including legal fees and costs.
8.6 Shipping and Returns. For more information, please review our Shipping and returns Policy, to which you expressly agree.
9. Product and Company Services Information.
Although we have made every effort to display the Products and Company Services and their colors and appearance as accurately as possible, the displayed attributes of the Products and Company Services depend upon your monitor, and the Company cannot guarantee that your monitor will accurately portray the actual attributes of the Products and Company Services. Products displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price, description, or any other matter. You acknowledge that the Company does not make any representations regarding the appearance or quality of the Products and Company Services.
10. Blog.
Company may offer access to a blog on the Platform. You acknowledge and agree the blog is for educational and entertainment purposes only and you will not rely on any information posted therein
11. Third Party Services.
11.1 Linked Websites and Events. The Platform may contain links to third-party websites (“Third-Party Sites”) and may provide information for upcoming third-party events that may be of interest to you (“Third-Party Events”) (collectively “Third-Party Information). The Third-Party Information is provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites and content included within such Third-Party Events. The content of such Third-Party Information is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Information. By visiting any Third-Party Sites, you agree to expressly be bound by any posted terms and conditions. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. Company is not responsible for the content of any linked Third-Party Sites and Third-Party Events and does not make any representations regarding the content or accuracy of any materials on such Third-Party Sites or information displayed in such Third-Party Events All Third-Party Information has been displayed in good faith, and you acknowledge that Company is not the event organizer of any Third-Party Events and bears no liability in connection with any information provided regarding such events or your attendance thereat. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites or attend any Third-Party Events, you do so at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify us and hold us harmless for your access and use of any Third-Party Information.
11.2 Third-Party Service Providers. The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our Products, Services, website, as specified in these Terms or in our Products or Services. For more information, please visit our Cookie Policy and Targeted Ads Policy to which you expressly agree.
12. Company Content
12.1 Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, and images (collectively, our “Company Content”). We may own the Company Content or portions of the Company Content may be made available to us through arrangements that we have with third parties. The Company Content is the intellectual property of Company or our licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of our Company Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Company Content, and you will not use, copy, or display the Company Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Company Content on any copy you make of the Company Content. Failure to do so may result in violations of state and federal laws. You may not sell, transfer, assign, license, sublicense, or modify the Company Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Company Content in any way for any public or commercial purpose. The use or posting of any of the Company Content on any other website, digital or printed materials, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Company Content and Platform shall automatically terminate, and you must immediately destroy any copies you have made of the Company Content.
12.2 The trademarks, service marks, and logos of Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Company Trademarks may not be used to disparage Company or the applicable third-party, Company or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Company Trademarks. Use of any Company Trademarks as part of a link to or from any website is prohibited without Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by Company. None of the Company Content for this Platform may be retransmitted without the express written consent from Company for each and every instance.
12.3 Ownership; Proprietary Rights. The Platform is owned and operated by GOKAIDO YT LLC. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform (“Materials”) provided by Company are protected by intellectual property and other laws. All Materials included in the Platform are the property of Company or its third-party licensors. Except as expressly authorized by Company, you may not make use of the Materials except in connection with your use of the Platform. Company reserves all rights to the Materials not granted expressly in these Terms.
13. Feedback.
If you choose to provide input and suggestions regarding the design and performance of the Platform, Products, and/or Company Services, problems with, or proposed modifications or improvements to the Platform, Products, and/or Company Services (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform, Products, and Company Services and create other products and services.
14. Disputes Between Users and Sellers
The Company acts solely as a Platform connecting Users and Sellers together and is not a party to any contracts for services or disputes that may arise between Users and Sellers. The Company is not responsible for any disputes, claims, losses, injuries, or damages of any kind that might arise during or after the provision of services.
All disputes arising out of or in connection with the relationship between Users and Sellers shall be handled independently by the parties involved. Users and Sellers agree to resolve their disputes directly with each other and release the Company from any liability, claims, or damages arising out of such disputes. Throughout the dispute process, the Platform will hold any payments until the User confirms completion of the sale in connection with the Products provided by the Seller. The Seller will only receive payment once the transaction is completed, and the dispute is resolved.
By using our Platform, you acknowledge and agree that the Company shall not be liable for any issues, disputes, or claims that arise between Users and Sellers. You hereby understand and agree that any legal remedy or liability you seek for actions or omissions of Users, Sellers or third parties will be limited to claims against those specific Users, Sellers, or third parties.
15. Digital Millennium Copyright Act
15.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:
DiSchino & Schamy, PLLC
Attn: GOKAIDO YT LLC Legal
4770 Biscayne Blvd., Suite 600
Miami, Florida 33137
Email: admin@dsmiami.com
Only copyright complaints may be sent to our Copyright Agent. No other communications will be accepted or responded to.
Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must contain the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Platform;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM BEFORE SENDING THE NOTICE.
15.2 Repeat Infringers. Company will promptly terminate your Account if it is determined by Company that you are a repeat infringer.
16. Modification of these Terms.
We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing Users and Sellers, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your Account prior to the effective date of the revised Terms by contacting mail@gokaido.com to terminate your Account, and, if you have prepaid for any Products or Services, request a pro rata refund for the remainder. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
17. Term, Termination and Modification of the Platform.
17.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 17.2.
17.2 Termination. If you violate any provision of these Terms, your authorization to access the Platform and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at mail@gokaido.com.
17.3 Effect of Termination. Upon termination of these Terms: (a) your rights to use the Platform and the Company Services will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access your Account, Profile or the Platform; (c) you must pay Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Platform and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.
17.4 Modification of the Platform. Company reserves the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Company Services or Platform), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform. The availability of Company Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Company Content will be available or remain available on the Platform.
18. Updates.
18.1 We may automatically update the Platform at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
18.2 If you choose not to install such updates or if you opt out of automatic updates (if applicable) you may not be able to continue using the Platform.
19. Indemnification.
To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
20. DISCLAIMERS; NO WARRANTIES
THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE PLATFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA, INCLUDING CONTENT.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
21. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF (OR ANY INABILITY TO USE THE PLATFORM OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE PLATFORM IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) FIVE HUNDRED ($500.00) DOLLARS.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 21 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
22. No Criminal Background or Identity Verification Checks
Gokaido does not conduct criminal background or identity verification checks on its users. Though Gokaido strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others.
YOU UNDERSTAND THAT GOKAIDO DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS, UNLESS OTHERWISE SET FORTH HEREIN. GOKAIDO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. GOKAIDO RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE GOKAIDO TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY GOKAIDO, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Gokaido strives to encourage a respectful experience, it is not responsible for the conduct of any User on or off the Service. You agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person.
23. Dispute Resolution and Arbitration
23.1 Generally. In the interest of resolving disputes between you and Company in the most expedient and cost-effective manner, and except as described in Section 23.2 and 23.3, you and Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
23.2 Exceptions. Despite the provisions of Section 23.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court (although all disputes for amounts for $8,000.00 or less must be submitted first to non-binding mediation in Miami-Dade County, Florida (JAMS Rules); (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
23.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 23 within 30 days after the date that you agree to these Terms by sending a letter to GOKAIDO YT LLC at 667 Madison Avenue, Attn 5th Floor, NY NY 10065, that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Company receives your Opt-Out Notice, this Section 23 will be void and any action arising out of these Terms will be resolved as set forth in Section 24.3 The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
23.4 Arbitrator. Any arbitration between you and Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
23.5 Mandatory Informal Pre-Suit Resolution Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice”). Company’s address for Notice is: GOKAIDO YT LLC at667 Madison Avenue, Attn 5th Floor, NY NY 10065. The Notice must include: (a) your full name; (b) your address; (c) your telephone numbers; (d) your email address; (e) a description of the nature and basis of the claim or dispute; and (b) the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly for a period of at least sixty (60) days from the date of the Notice in an effort to resolve the dispute without the need for a formal proceeding. If Company requests a telephone conference with You in an effort to resolve the dispute, you agree to personally participate, with your legal representative if you have legal representation. Compliance with this Mandatory Informal Pre-Suit Resolution Process is a condition precedent to moving forward with any arbitration proceedings or any other formal proceedings. The parties acknowledge and agree that any action commenced in court or arbitration prior to exhausting the Notice process shall be defective and subject to dismissal at the cost of the party found to have prematurely brought a formal proceeding outside this Mandatory Informal Pre-Suit Resolution Process. The statute of limitation and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or other participating good faith Mandatory Informal Pre-Suit Resolution Process.
23.6 Informal Pre-Suit Resolution Process. If the parties do not reach an agreement within sixty (60) days after the Notice is received, you or Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing.
23.7
23.8 Fees. If you commence arbitration in accordance with these Terms, Company will reimburse you for your payment of the filing fee, unless your claim is for more than Ten ($10,000.00) Dollars, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida but if the claim is for Ten ($10,000.00) Dollars or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
23.9 No Class Actions. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
23.10 Modifications to this Arbitration Provision. If Company makes any future change to this arbitration provision, other than a change to Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to Company’s address for Notice of Arbitration, in which case your account with Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
23.11 Enforceability. If Section 23.9 or the entirety of this Section 23 is found to be unenforceable, or if Company receives an Opt-Out Notice from you, then the entirety of this Section 23 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 24.3 will govern any action arising out of or related to these Terms.
24. Miscellaneous
24.1 Privacy Policy. Company is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of eighteen (18) years who wish to allow their children access to the Platform are responsible for supervision of that access. When you register an Account for your child or allow your child to register his or her own Company account, you certify that you are at least eighteen (18) years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Platform. Please remember that the Platform is designed to appeal to a broad audience and age verification is mandatory to access Mature Content sections on the Platform. You acknowledge and agree that you will not permit anyone under the age of eighteen (18) to access Mature Content sections on the Platform under your age verification. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Platform areas are appropriate for your child. Registration data and certain other information about you is subject to our Privacy Policy, to which you expressly agree. You understand that through your use of the Platform you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Company and its affiliates.
24.2 General Terms. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Company regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
24.3 Governing Law. These Terms are governed by the laws of the State of Florida, United States of America, without regard to conflict of law principles. You and Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. Our Platform is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that our Platform, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access our Platform do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
24.4 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
24.5 Privacy Policy; Cookie Policy. In connection with your access to the Platform and use of the Products and Services, you expressly agree to our Privacy Policy and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Platform. The Privacy Policy and Cookie Policy are part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.
24.6 Seller Terms. By selling or offering to sell Products on the Platform, you expressly agree to be bound by our Seller Terms of Service, as may be modified from time to time. Any capitalized term not otherwise defined herein has the meaning given to it in the Seller Terms of Service.
24.7 Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform (the “Additional Terms“). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
24.8 Security Protocols. You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.
24.9 No Resale of Platform and Company Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform (including your Account), use of the Platform, or access to the Platform, and the Company Services.
24.10 Consent to Electronic Communications. By using the Platform, you acknowledge and agree that you are contracting with Company electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via e-mail or via the Platform). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message or (2) via the Platform. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons.
24.11 Marketing Communications. By agreeing to these terms, you expressly acknowledge and agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided.
24.12 Contact Information. The Platform is offered by GOKAIDO YT LLC located at 667 Madison Avenue, Attn 5th Floor, NY NY 10065. You may contact us by sending correspondence to that address or by emailing us at mail@gokaido.com.
24.13 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform. For more information, please also read our Notice to California Residents.
24.14 No Support. We are under no obligation to provide support for the Platform. In instances where we may offer support, the support will be subject to published policies.
24.15 International Use. The Platform is hosted from the United States of America and is intended for Users and Sellers located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.
25. Notice to Apple Users.
If available to you, by downloading or using the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that these Terms between Company and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services, to which you expressly agree. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof. Company expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
26. Notice to Google Users.
If available to you, by downloading or using the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Company or you (or any other user) under these Terms or the Google Play Terms.
26.1 Email, SMS, and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the Contact Us tab. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding the Company and the Platform, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms of Service or Privacy Policy).
Last Updated: January 26, 2025.