WEBSITE TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE
Thank you for visiting kotokami.com (the “Website”). The Website is operated by Kotokami LLC on behalf of itself and its affiliated entities, including subsidiary and parent companies and their series (collectively, “we,” “us,” or “our”).
By using the Website you agree to these Terms of Service (the “Agreement”). Please read them carefully and be sure that you understand them. They are a legally binding agreement between us and you. If you do not or cannot agree with them, leave the Website immediately.
Please do not use, copy, imitate or distribute any part or component of the Website. The design, content, trademarks, service marks, trade dress, names, logos, and everything else that the laws of any country in the world recognizes as intellectual property, are owned by us or by others who have given us permission to use them. They are protected by copyright and other intellectual property rights under United States, foreign and international laws. No part or component of the Website may be used, copied, imitated or distributed without the written permission of its owner.
We respect the intellectual property rights of others and expect all users of the Website to do the same. We will respond to notices of alleged copyright infringement according to the process set out in the United States Digital Millennium Copyright Act.
USE OF THE WEBSITE
Before accessing or using the Website, permission to do so must be granted by us. We give you permission to access the Website for your personal and non-commercial use only, and only for so long as you continue to agree to and conform with this Agreement. If you do not or cannot continue to agree to and conform with this Agreement, your permission to access the Website ends.
Do not misuse the Website. Misuse includes any copying, using, distributing or disclosing of any part or component of the Website, anywhere, without our permission, including by “scraping” of any kind. It also includes interfering with, compromising, or putting an unreasonable load on the Website or its servers, or their integrity, security or restrictive measures. Further, it includes any violation of laws or regulations, or any “hacking” of the Website or its servers. These are provided as examples of misuse only. We have the right to determine, at our sole discretion, what misuse means at any time.
With your consent, and at our sole discretion, we may create and assign a user account for you. You alone are responsible for all activity that happens on or through your user account, and for maintaining and ensuring the accuracy of information provided in your account. If you learn of any unauthorized use of your account, contact us immediately.
You retain all ownership rights that you hold in content uploaded or submitted by you to this Site. You are solely responsible for the accuracy of such content, and guarantee that you own the content or have permission to let us use the content as provided in this Agreement, and that such content and your upload or submission of such content is lawful.
By uploading or submitting content to this Website, you give us eternal and irrevocable permission to use the content in any way, place or form we want, and to let others use the content in any, place or form we allow, without any form of payment to you.
Unless otherwise explicitly stated, we do not endorse any user content uploaded to this Website. We have little control over the user content uploaded or submitted to this Website, and we are therefore not responsible for any such content.
We care about the integrity and security of your personal information, but cannot guarantee that unauthorized third parties will be unable to bypass the Website’s security measures or use any of your personal information for improper purposes. All information provided or submitted by you to the Website is at your own risk.
LINKS AND THIRD PARTY CONTENT
While the Website may contain links to third-party websites or resources, we have no control over their contents. Thus, we cannot guarantee that those websites or resources, and their content, are available, accurate, safe or secure, and will not be responsible for anything related to those websites or resources.
Likewise, you will have the ability to access or use content provided by third-parties, including other users, through this Site. We cannot guarantee that such content will be free of material you may find objectionable or otherwise, and will not be responsible for anything related to your access or use of such content.
The internet can be a scary place. If you choose to visit a link to a third-party website, or choose to access or use third-party content, you do so at your own risk.
We value the trust you’ve placed in us and care about your privacy. Please read our Privacy & Cookies Policy for information about how we collect, use and share your information. The Privacy & Cookies Policy is part of this Agreement, and by using this Website, you represent and warrant that you have read and understand the Privacy & Cookies Policy, agree to its terms, and do not have any objection to it. The Website and the services we provide through this Website is provided to you on account of these representations and warranties made by you.
From time to time, competitions, promotions or prize draws (collectively referred to as the “Promotions”) may be conducted on this Website.
Any Promotion sponsored, organized or administered by us will have specific rules and regulations, which for its duration, will be part of this Agreement. By participating in a Promotion, you agree to conform and abide by its rules and regulations.
Third-parties may also sponsor Promotions on our Website. We are not the sponsor, organizer or administrator of these Promotions and are not responsible for the actions or inactions of those Third-Parties in relation to their Promotions. If you choose to participate in a third-party Promotion, you are solely responsible for understanding and adhering to its rules and regulations, and you participate in such Promotions at your own risk.
The Website and its contents, and related links, features or other items, are provided and transmitted “as-is” and without representations or warranties of any kind. To the fullest extent permissible under applicable law, we disclaim all such representations and warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we will not be liable for lost profits, loss of data, financial losses, or any direct, indirect, special, consequential, exemplary or punitive damages, arising out of or relating to the use of the Website or the inability to use the Website. Our total liability, if any, for claims under these terms, is limited to the amount you paid us to use the Website.
You agree to defend, indemnify and hold harmless us, our officers, directors, shareholders, members, partners, employees, representatives, agents, licensees, successors and assignees, from any claims losses, liability costs and expenses (including, without limitation, attorney’s fees) arising out of or related to your use of this Website or violation of this Agreement, or the violation of the rights of any third-party.
CHANGES TO THIS AGREEMENT
We reserve the right to modify this Agreement from time to time without contacting you and without your approval. Please visit this page often so you are informed of our current policies.
The date of the last modification may be found on the “last updated” date appearing at the top of this Agreement. Modifications to this Agreement will be effective eight (8) days after the “last updated” date. If you do not or cannot agree to any modification, you may not use the Site after the date the modification is effective.
You may terminate this Agreement at any time by informing us and ceasing to use and access to this Website. We may terminate or suspend your access to this Website, without prior notice or liability, for any reason or for no reason. Upon termination of this Agreement your right to use or access the Website will immediately cease.
The intellectual property, disclaimers, limitation of liability, and indemnification sections, and provisions related to ownership rights and the non-responsibility or non-liability of any party will survive termination of this Agreement. Termination of this Agreement, or ceasing to use or access this Website, will not relieve you of obligations arising or accruing prior to termination or the ceasing of use or access, or limit any responsibility or liability you otherwise may have to us or a third-party.
This agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws principles.
Every provision of this Agreement shall be construed in a manner to be legal, valid and enforceable to the maximum extent permitted under applicable law. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect or impair the validity of any other part of this Agreement, which shall remain in full force and effect.
RESOLUTION OF DISPUTES
If you have any dispute with us, you agree to first contact us and attempt to resolve the dispute informally.
Any dispute, controversy or claim arising out of or relating to this Agreement, or breach, termination or invalidity thereof, not resolved informally, shall be settled by arbitration in accordance with the American Arbitration Association’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then obtaining, except as provided herein.
Unless you and we agree otherwise, the place of arbitration shall be in New York, New York, United States of America. The award rendered by the arbitrator shall include all reasonable costs arising out of or relating to the arbitration, including attorneys’ fees and costs for experts or other witnesses. The arbitrator shall have the power to rule on its own jurisdiction, including any objections in respect of the existence or validity of this section on the resolution of disputes, but shall have no power to act ex aequo et bono or to award punitive damages. Nothing in this section shall prevent you or we from seeking injunctive relief or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Website or its servers.
You and we shall be bound by any arbitration award rendered as a result of arbitration as the final adjudication of any such dispute, controversy or claim. You and we agree that, by entering into these terms, you and we each waive the right to a trial by jury or to participate in a class action.
This Agreement, and all rights, obligations and permissions that you get from it, cannot be transferred or otherwise given to anyone by you, but can be transferred or given to others by us, at our sole discretion. Any transfer made by you is null and void.
Just because we have not asserted or exercised a right under this Agreement does not mean we have given up the right. If something happens that allows us to assert or exercise a right and we give up the chance to do so, it is one-time only; the next time something similar happens, we will be free to assert or exercise the right again.
FEEDBACK AND NOTICES/h2>
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