PRIVACY & TERMS AND CONDITIONS
TERMS & CONDITIONS of iamshunkan.com
The following apply to the website and online store:
SHUNKAN and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit SHUNKAN or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SHUNKAN or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SHUNKAN, with copyright authorship for this collection by SHUNKAN, and protected by international copyright laws, in exception of third parties mentioned.
SHUNKAN’s trademarks and trade dress may not be used in connection with any product or service that is not SHUNKAN’s, in any manner that is likely to cause confusion among customers or site visitors, or in any manner that disparages or discredits SHUNKAN. All other trademarks not owned by SHUNKAN or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SHUNKAN or its subsidiaries.
LICENSE AND SITE ACCESS
SHUNKAN grants you a limited license to access and make personal use of this site and not to download (other than page caching)or modify it, or any portion of it, except with express written consent of SHUNKAN. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SHUNKAN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form)of SHUNKAN and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SHUNKANs name or trademarks without the express written consent of SHUNKAN. Any unauthorized use terminates the permission or license granted by SHUNKAN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SHUNKAN so long as the link does not portray SHUNKAN, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SHUNKAN logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT (site or store, if any)
If you use this site’s shop, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. SHUNKAN and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT (if available)
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SHUNKAN reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SHUNKAN and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SHUNKAN and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SHUNKAN or its associates for all claims resulting from content you supply. SHUNKAN has the right but not the obligation to monitor and edit or remove any activity or content. SHUNKAN takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from SHUNKAN are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
By visiting SHUNKAN, you agree that the laws of the state of California, U.S.A., without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SHUNKAN or its associates.
Any dispute relating in any way to your visit to SHUNKAN or to products you purchase through SHUNKAN shall be submitted to confidential arbitration in CALIFORNIA, U.S.A., except that, to the extent you have in any manner violated or threatened to violate SHUNKANs intellectual property rights, SHUNKAN may seek injunctive or other appropriate relief in any state or federal court in the state of CALIFORNIA, U.S.A., and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SHUNKAN. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Merchandise may be purchased via Bandcamp: https://iamshunkan.bandcamp.com/merch. T-shirts are purchased in bulk from Spreadshirt and, along with other items such as records, are fulfilled by SHUNKAN directly. The reproduction and use of designs created by SHUNKAN is prohibited unless written permssion is requested and granted.
SHUNKAN and its associates attempt to be as accurate as possible. T-shirts are produced by Spreadshirt and since their product descriptions are being used SHUNKAN in not responsible for their product descriptions being accurate, complete, reliable, current, or error-free. If a product offered by SHUNKAN itself is not as described, your sole remedy is to return it in unused condition. See return policy for details.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SHUNKAN ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHUNKAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHUNKAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHUNKAN DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SHUNKAN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHUNKAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Payments & order processing:
SHUNKAN is currently using Bandcamp for order processing, so please read about Bandcamp’s payment processing under the section, Fees and Payments – Fans, here: https://bandcamp.com/terms_of_use.
Although Bandcamp is used to process payments, SHUNKAN will be sending merch directly to customers. The shipping method used by Shunkan for orders placed on the Bandcamo is U.S.P.S (The United States Postal Service). Shipments are made within the United States and internationally. The following USPS services are available for domestic orders: USPS Media Mail, USPS Priority Mail 2-Day and USPS Express Mail 1-Day. If your order exceeds the following criteria, please contact Shunkan to arrange for special shipping before placing your order.
Media mail takes 2-9 days to arrive. This is used for albums and cassettes only. If you are making a combination order that includes other kinds of merchandise, then Priority Mail will be used. The maximum weight is 70 pounds.
Priority Mail 2-Day:
Priority Mail is used for documents, gifts, merchandise, and any mailable item weighing up to 70 pounds. The maximum size is 108 inches or less in combined length plus girth (distance around the thickest part). Priority Mail 2-Day service is available to most domestic destinations, but could take longer than 2 days if your order is placed after Thursday. This service may include tracking at no additional cost. Priority Mail bearing an IMpb or retail tracking barcode includes up to $50 of insurance. The maximum weight is 70 pounds.
Express Mail 1-Day:
This 1 or 2 day service includes tracking, proof of delivery, and insurance up to $100 with a money-back guarantee. The maximum weight is 70 pounds.
For vinyl records and cassettes, there is no return policy. If your order is damaged during shipment, you will need to seek a refund from the postal service. Once a shipment is in the hands of the postal service, it is their responsibility.
For t-shirts, please contact us on Bandcamp or send us an email at [email protected] describing your return/refund situation and we will review your request. Be sure to explain the details of your return/refund and send pictures in the email, if possible. We will get back to you with our decision and instructions. If your merchandis is damaged in transit, you will need to pursue with a refund from the postal service.
This site may collect some Personal Data from its Users.
DATA CONTROLLER AND OWNER
Shunkan, [email protected]
TYPES OF DATA COLLECTED
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies and Usage Data.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Failure to provide certain Personal Data may make it impossible for this Application to provide its services.
Users are responsible for any Personal Data of third parties obtained, published or shared through this Application and confirm that they have the third party’s consent to provide the Data to the Owner.
MODE AND PLACE OF PROCESSING THE DATA
Methods of Processing
The Data Controller processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Data Controller at any time.
The Data is processed at the Data Controller’s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Data Controller.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data.
THE USE OF THE COLLECTED DATA
The Data concerning the User is collected to allow the Owner to provide its services, as well as for the following purposes: Analytics, Interaction with external social networks and platforms and Displaying content from external platforms.
The Personal Data used for each purpose is outlined in the specific sections of this document.
DETAILED INFORMATION ON THE PROCESSING OF PERSONAL DATA
Personal Data is collected for the following purposes and using the following services:
The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
Personal Data collected: Cookies and Usage Data.
DISPLAYING CONTENT FROM EXTERNAL PLATFORMS
This type of services allows you to view content hosted on external platforms directly from the pages of this Application and interact with them.
This type of service might still collect web traffic data for the pages where the service is installed, even when Users do not use it.
Instagram widget (Instagram, Inc.)
Instagram is an image visualization service provided by Instagram, Inc. that allows this Application to incorporate content of this kind on its pages.
Personal Data collected: Cookies and Usage Data.
INTERACTION WITH EXTERNAL SOCIAL NETWORKS AND PLATFORMS
This type of services allows interaction with social networks or other external platforms directly from the pages of this Application.
The interaction and information obtained through this Application are always subject to the User’s privacy settings for each social network.
This type of service might still collect traffic data for the pages where the service is installed, even when Users do not use it.
Facebook Like button and social widgets (Facebook, Inc.)
The Facebook Like button and social widgets are services allowing interaction with the Facebook social network provided by Facebook, Inc.
Personal Data collected: Cookies and Usage Data.
Twitter Tweet button and social widgets (Twitter, Inc.)
The Twitter Tweet button and social widgets are services allowing interaction with the Twitter social network provided by Twitter, Inc.
Personal Data collected: Cookies and Usage Data.
ADDITIONAL INFORMATION ABOUT DATA COLLECTION AND PROCESSING
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services.
The User declares to be aware that the Data Controller may be required to reveal personal data upon request of public authorities.
ADDITIONAL INFORMATION ABOUT USER’S PERSONAL DATA
SYSTEM LOGS AND MAINTENANCE
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal Data (such as IP Address).
INFORMATION NOT CONTAINED IN THIS POLICY
More details concerning the collection or processing of Personal Data may be requested from the Data Controller at any time. Please see the contact information at the beginning of this document.
THE RIGHTS OF USERS
Users have the right, at any time, to know whether their Personal Data has been stored and can consult the Data Controller to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Data Controller at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
LINKS TO OTHER WEBSITES
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, we do not have any control over those websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
DEFINITIONS AND LEGAL REFERENCES
Personal Data (or Data)
Any information regarding a natural person, a legal person, an institution or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.
Information collected automatically from this Application (or third party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server’s answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User’s IT environment.
The individual using this Application, which must coincide with or be authorized by the Data Subject, to whom the Personal Data refers.
The legal or natural person to whom the Personal Data refers.
Data Processor (or Data Supervisor)
Data Controller (or Owner)
The natural person, legal person, public administration or any other body, association or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes, and the methods of processing of Personal Data and the means used, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application.
The hardware or software tool by which the Personal Data of the User is collected.
Small piece of data stored in the User’s device.
Notice to European Users: this privacy statement has been prepared in fulfillment of the obligations under Art. 10 of EC Directive n. 95/46/EC, and under the provisions of Directive 2002/58/EC, as revised by Directive 2009/136/EC, on the subject of Cookies.
Latest update: May 22, 2019