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Terms of Service

posted on
May 18, 2025

Otabushi S.R.L. Terms of Service

Effective Date: June 5, 2025

Welcome to Otabushi S.R.L. (“Otabushi,” “we,” “us,” or “our”). These Terms of Service (“ToS”) govern your access to and use of our website, services, and any associated mobile or desktop applications (collectively, the “Services”). By using or accessing our Services, you agree to be bound by these ToS. If you do not agree, please do not use our Services.

1. Definitions

  • “User,” “you,” or “your”: Any individual or entity that accesses or uses our Services, whether as a visitor, registered user, customer, or artist.
  • “Customer”: A User who purchases products (digital or physical) or services from Otabushi.
  • “Artist”: A User who enters into a collaboration agreement with Otabushi to contribute creative manga content.
  • “Content”: All text, images, graphics, video, audio, and other materials displayed or made available via our Services.
  • “User-Generated Content (UGC)”: Any content that Users submit, post, or display on our Services (e.g., comments, reviews, fan art).
  • “Products”: Manga volumes, digital editions, merchandise, or any other items sold or licensed by Otabushi.
  • “Services”: Our website, online store, order-processing system, artist collaboration platform, newsletters, and all functionalities we provide.

2. Acceptance of Terms

By creating an account, purchasing a Product, or otherwise using our Services, you confirm that you have read, understood, and agree to be bound by these ToS, in addition to our Privacy Policy. If you disagree with any part of these ToS, you must not use our Services.

3. Modifications to Terms

We reserve the right to modify or update these ToS at any time. Material changes will be posted on this page with an updated “Effective Date.” Your continued use of the Services after any such changes constitutes acceptance of the new ToS. If you do not agree to the updated terms, you must cease using our Services.

4. Account Registration and Security

  1. Eligibility:
    • You must be at least 16 years old to register and use our Services. If you are under 16, you may use the Services only with parental or guardian consent.
  2. Registration Information:
    • To access certain features (e.g., purchasing, UGC, artist portal), you must create an account by providing accurate and complete information, including name, email address, and password.
    • You are responsible for maintaining the confidentiality of your account credentials. You accept responsibility for all activities that occur under your account. Notify us immediately if you suspect unauthorized use.
  3. Account Termination:
    • We may suspend or terminate your account and access to the Services at our sole discretion for violating these ToS or engaging in fraudulent, abusive, or illegal behavior.
    • You may delete your account at any time by following the account-deletion procedures on our website. Any outstanding balances remain due and payable upon account termination.

5. Purchasing, Payment, and Billing

  1. Order Acceptance:
    • All orders are subject to availability and acceptance by Otabushi. We reserve the right to refuse or cancel any order for any reason, including suspected fraud or payment issues.
  2. Product Pricing:
    • Prices displayed on the website include applicable VAT but may exclude shipping and handling fees.
    • We reserve the right to modify prices at any time; however, price changes will not affect orders already confirmed.
  3. Payment Methods:
    • We accept major credit/debit cards (Visa, MasterCard), PayPal, Revolut, and bank transfers (Banca Transilvania).
    • Payment is due at the time of purchase. For physical Products, orders will not be processed or shipped until payment is successfully authorized.
  4. Currency:
    • Online transactions are processed in EUR or GBP, depending on your location.
    • Invoices for wholesale or B2B orders may be issued in RON or EUR, as agreed.
  5. Billing & Invoicing:
    • Customers receive an order confirmation email. For corporate or bulk orders, a formal invoice (PDF) is generated.
    • Ensure that billing information (name, address, tax ID) is accurate to avoid processing delays.
  6. Refunds and Returns:
    • Digital Products: No refunds once a digital download link is accessed, except where required by law (e.g., defective file).
    • Physical Products:
      • You may request a return within 14 calendar days of receipt if the Product is unused, unopened, and in original packaging.
      • Return shipping costs are borne by the Customer, except when the Product is defective or was shipped in error.
      • Refunds will be issued within 14 calendar days of receiving and inspecting the returned Product, via the original payment method.
    • Defective or Incorrect Items: If you receive a damaged or incorrect Product, contact co*****@******hi.net within 7 calendar days of delivery, including photo evidence. We will replace or refund at no additional cost.
  7. Subscription Services:
    • If you subscribe to a recurring digital service (e.g., digital manga subscription), you may cancel at any time through your account settings.
    • No pro-rated refunds for partial-month cancellations, except where required by law.

6. Intellectual Property and Licensing

  1. Ownership:
    • All Content on our Services (manga, artwork, text, logos, website design) is protected by copyright and other intellectual-property laws. Content is © Otabushi or the respective artist/author, as indicated.
    • Unauthorized reproduction, distribution, or modification of any Content is strictly prohibited.
  2. Artist Collaboration Agreements:
    • Each Artist enters a Copyright Assignment Agreement (“ACA”) granting Otabushi exclusive (or non-exclusive, if specified) economic rights to publish, reproduce, distribute, adapt, and commercialize their Works.
    • Artists retain moral rights (right of attribution, right of integrity). Otabushi will credit each Artist exactly as specified in the ACA and will not make substantive changes to the Work without the Artist’s prior written consent.
  3. User-Generated Content (UGC):
    • By submitting any UGC (e.g., comments, reviews, fan art), you grant Otabushi a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that UGC in connection with our Services (including marketing and promotional purposes).
    • You represent and warrant that you own or have the necessary rights to the UGC you submit, and that it does not infringe any third-party rights.
  4. Use of Purchased Content:
    • Purchasing a physical or digital copy of a manga grants you a limited, non-transferable license for personal, non-commercial use only.
    • Any reproduction, resale, or public display of purchased Content is prohibited without express written permission.
  5. Third-Party Licensing:
    • Otabushi may license Works to third parties (e.g., foreign publishers, streaming services, merchandise manufacturers) under separate licensing agreements.
    • Licensing revenue is shared with the Artist per ACA terms (typically 50% net after production/distribution costs).

7. User Responsibilities and Prohibited Conduct

  1. Account Security:
    • Users are responsible for safeguarding their login credentials.
    • Report any unauthorized access or suspicious activity to co*****@******hi.net immediately.
  2. Prohibited Conduct:
    • No impersonation of any person or entity or misleading others about your affiliation with anyone.
    • No uploading viruses, malware, or any malicious code.
    • No harassment, hate speech, threats, or defamatory remarks toward other Users or Otabushi staff.
    • No unauthorized reproduction or distribution of copyrighted Content.
    • No spamming, phishing, or unsolicited advertising.
    • No fraudulent or illegal activities (e.g., using stolen payment cards).
  3. Lawful Use:
    • Use of the Services must comply with all applicable EU and Romanian laws, including consumer-protection, e-commerce, and data-protection regulations.

8. Dispute Resolution and Limitation of Liability

  1. Governing Law & Jurisdiction:
    • These ToS and any disputes arising from them are governed by Romanian law and applicable EU regulations.
    • Any legal action or proceeding must be brought exclusively in the competent courts of Cluj, Romania.
  2. Informal Dispute Resolution:
    • If you have a complaint, please contact co*****@******hi.net. We will attempt to resolve the issue informally within 30 calendar days.
  3. Limitation of Liability:
    • Otabushi and its directors, officers, employees, and agents will not be liable for:
      • Any indirect, incidental, special, punitive, or consequential damages (e.g., lost profits, data loss, business interruption).
      • Any loss or damage arising from your use or inability to use the Services, even if we were advised of the possibility of such damages.
    • Otabushi’s total liability for direct damages under these ToS is limited to the total amount you have paid to Otabushi in the 12 months preceding the claim.
  4. Disclaimer of Warranties:
    • The Services are provided “as is” and “as available,” without warranties of any kind (express or implied).
    • Otabushi does not warrant that the Services will be uninterrupted or error-free, nor that any defects will be corrected.

9. Service Termination and Suspension

  1. By Otabushi:
    • We may suspend or terminate your account and access to our Services at any time without prior notice if you violate these ToS or engage in unlawful or harmful activities.
    • Upon suspension or termination, your right to use the Services immediately ceases. We may delete or deactivate your account information.
  2. By You (User-Initiated):
    • You may delete your account or cancel any subscription services at any time through your account settings.
    • Any unpaid balances or outstanding obligations remain due and payable upon termination.
  3. Effect of Termination:
    • All provisions of these ToS that by their nature should survive termination (e.g., ownership, confidentiality, indemnification, limitation of liability) will remain in effect.

10. Purchase of Physical and Digital Products

  1. Shipping & Delivery (Physical Products):
    • Shipping costs, estimated delivery times, and carrier options are displayed at checkout.
    • We are not responsible for customs duties, import taxes, or any additional charges imposed by your country.
  2. Digital Deliveries:
    • Upon successful payment, digital Products (e.g., e-manga) are delivered via download link or access code.
    • Ensure your device meets minimum technical requirements; Otabushi is not liable for device compatibility issues.

11. Refunds and Return Policy

  1. Digital Products:
    • No refunds once the digital file is downloaded or streaming link is accessed, except as required by mandatory consumer-protection laws (e.g., defective file issues).
  2. Physical Products:
    • Returns are accepted within 14 calendar days of delivery if the Product is in original condition and packaging.
    • To initiate a return, email co*****@******hi.net with your order number and reason. Return shipping costs are your responsibility unless the Product is defective or incorrectly shipped.
    • Upon receipt and inspection of the return, refunds will be processed within 14 calendar days to the original payment method.
  3. Defective or Incorrect Items:
    • Report any damaged or incorrect items within 7 calendar days of delivery with photographic evidence. We will either replace the item at our cost or issue a full refund.
  4. Subscription Services:
    • Cancel subscription before the next billing cycle to avoid future charges. No pro-rated refunds for partial billing periods, unless required by law.

12. Artist Collaboration and Royalty Terms

  1. Copyright Assignment Agreements (ACA):
    • Artists assign Otabushi exclusive (or non-exclusive, if specified) economic rights to reproduce, distribute, publish, translate, and adapt their Works worldwide.
    • Artists retain moral rights. Otabushi will provide proper attribution and not alter the Work without the Artist’s written consent.
  2. Royalty Structure:
    • Unless otherwise agreed, Otabushi pays the Artist 50% of net revenue from sales of the Work (after deducting production, printing, distribution, and shipping costs).
    • Royalties are calculated monthly and paid within 30 calendar days after month-end. Artists submit an invoice for their share; Otabushi pays via bank transfer or PayPal in EUR.
    • If a contract terminates, Otabushi may continue to sell existing stock; royalties on residual sales are paid at a reduced rate of 25% of net revenue, as stipulated in the ACA.
  3. Artist Obligations:
    • Provide final Work files (print-ready, digital source files) in the agreed-upon format and quality.
    • Confirm all third-party materials (e.g., fonts, stock images) used in the Work are properly licensed.
    • Personally respond to Otabushi’s inquiries regarding promotional materials, metadata (ISBN, barcodes), and publicizing the Work.
  4. Otabushi Obligations:
    • Publish, market, distribute, and make the Work available at retail, online, and digital platforms.
    • Provide quarterly or monthly sales reports detailing units sold, revenue, and royalties due.
    • Protect the Artist’s rights, enforce against infringement, and handle royalty distributions.

13. User-Generated Content (UGC)

  1. License Grant:
    • By submitting UGC (e.g., comments, reviews, fan art), you grant Otabushi a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that UGC in connection with our Services, including promotional materials.
  2. User Representations:
    • You represent and warrant that you own or have all necessary rights to the UGC you submit and that such UGC does not infringe any third-party intellectual property or privacy rights.
  3. Content Moderation:
    • Otabushi reserves the right (but not the obligation) to remove or disable access to any UGC that violates these ToS or is unlawful, defamatory, harassing, obscene, or otherwise objectionable.

14. Dispute Resolution

  1. Informal Resolution:
    • If a dispute arises, contact su*****@******hi.net. We will attempt to resolve the dispute informally within 30 calendar days.
  2. Governing Law & Jurisdiction:
    • These ToS and any disputes arising hereunder are governed by Romanian law and applicable EU regulations.
    • Any legal action must be brought exclusively before the competent courts of Cluj, Romania.
  3. Alternative Dispute Resolution (ADR):
    • For certain consumer disputes, you may opt for ADR through a recognized EU alternative-dispute-resolution platform. Details will be provided upon request.

15. Limitation of Liability

  1. Exclusion of Consequential Damages:
    • To the maximum extent permitted by law, Otabushi and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, punitive, or consequential damages (e.g., lost profits, loss of data, business interruption) arising out of or in connection with your use or inability to use the Services, even if advised of the possibility of such damages.
  2. Cap on Direct Damages:
    • Our total liability for direct damages under these ToS is limited to the total amount you have paid to Otabushi in the 12 months immediately preceding the event giving rise to the claim.
  3. No Warranty:
    • The Services are provided “as is” and “as available,” without warranties of any kind (express or implied). Otabushi disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

16. Termination of Services

  1. By Otabushi:
    • We may suspend or terminate your access to the Services at any time, without notice, if you breach these ToS, violate any law, or engage in harmful or fraudulent activities.
  2. By You (User-Initiated):
    • You may terminate your account at any time by following the account-deletion procedures in your account settings. All unpaid balances and obligations remain due upon termination.
  3. Effect of Termination:
    • Termination does not affect obligations that, by their nature, must survive (e.g., indemnification, confidentiality, intellectual-property provisions).

17. Consumer Rights and Compliance

  1. EU Consumer Protection:
    • Our refund and return policies comply with EU Directive 2011/83/EU on consumer rights and any relevant national laws.
    • You have the right to withdraw from a purchase of physical goods within 14 calendar days without penalty (except for return-shipping costs, if the item is not defective).
  2. Data-Protection Rights:
    • Your personal data is processed in accordance with our Privacy Policy. You may exercise your rights under GDPR (access, rectification, erasure, etc.) by emailing co*****@******hi.net.
  3. E-Commerce Regulations:
    • Prices and charges are clearly displayed before checkout.
    • We provide a detailed order confirmation email upon purchase, fulfilling the pre-contract information requirements under EU e-commerce laws.

18. Indemnification

You agree to indemnify, defend, and hold harmless Otabushi, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  1. Your breach of these ToS.
  2. Your violation of any law or the rights of any third party (including intellectual-property or privacy rights).
  3. Your UGC or any content you submit to our Services.
  4. Your use or misuse of the Services.

19. Severability and Waiver

  1. Severability:
    • If any provision of these ToS is found to be invalid, illegal, or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
  2. Waiver:
    • No waiver of any provision of these ToS will be effective unless in writing and signed by an authorized Otabushi representative. A failure to enforce any right or provision does not constitute a waiver of that right or provision.

20. Contact Information

If you have any questions, concerns, or requests related to these ToS, please contact us at:

Thank you for choosing Otabushi. We appreciate your trust in us and strive to provide a secure, transparent, and enjoyable experience for artists, customers, and all Users.

Join the Otabushi Community

We’re excited to grow with passionate creators, partners, and supporters like you. Whether you want to contribute as an intern, collaborate on projects, or explore partnership opportunities, tell us a bit about yourself below!

Schedule a 20-Minute Intro Call

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Request to Self-Publish Your Manga

Submit your manga for review. Our team will carefully evaluate your submission. If your work is approved, we’ll contact you directly to guide you through the next steps for publishing your manga on Otabushi. If it’s not quite ready, we’ll provide constructive feedback and outline any minimum requirements to help you improve your submission. You may upload up to 3 preview pages, each no larger than 5MB. Please note: Hentai or explicit adult content is not permitted.

Pitch your manga to Otabushi

Tell us the basics and upload up to 3 sample pages (JPG). We’ll reply within 72 h