- Age Restrictions
- Introduction; General; Ownership; Prohibitions
- Notice and Procedure for Making Claims of Copyright Infringement
- Community Features
Special Terms and Conditions Applicable to Sales of Products and Services; Customer Service Contact Information
- Price Modifications; Merchandise and Services Availability
- Customer Service
- Purchasing; Price; Payment
- Sales Tax
- Billing for Certain Services
- Cancelation and Refund Policies for Certain Services
- Notifications and Other Terms and Conditions
- Access to Services and Restrictions
- Collaborations, Votes, Contests, Sweepstakes
- Disclaimer of Warranties
- Limitations on Liability
- Choice of Law; Jurisdiction; Attorneys' Fees
- Notice for California Consumers
- AGE RESTRICTIONS
ALL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ARTICLES, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, MESSAGES AND OTHER COMMUNICATIONS, AUDIO CLIPS AND VIDEO CLIPS, CONTAINED ON ANY KONNICHIWA MEDIA SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES, OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF ANY SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR ON ANY SITE.
By accessing this site, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of Perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age (21 in places where 18 years is not the age of majority). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in places where 18 years is not the age of majority) to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."
- INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS
Konnichiwa Media (the "Provider"), is the organization that produces CKE18.com (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by Konnichiwa Media are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other Konnichiwa Media controlled products or services or Konnichiwa Media-operated interactive media locations, will be referred to herein collectively as the "Konnichiwa Media Properties" and individually as a "Konnichiwa Media Property." By using this Website or other Konnichiwa Media Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use the Konnichiwa Media Properties.
Except for Submitted Content (defined below), the Konnichiwa Media Properties are either owned by or licensed to Konnichiwa Media. The applicable owners and licensors retain all rights to the Konnichiwa Media Properties, including, but not limited to all copyright, trademark and other proprietary rights, however denominated. Except for downloading one copy of the Konnichiwa Media Properties on any single computer for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Konnichiwa Media Properties without first obtaining the written permission of Konnichiwa Media or otherwise as expressly set forth in the terms and conditions of the applicable Konnichiwa Media Properties. The Konnichiwa Media Properties must not be used in any unauthorized manner. In some instances, this Agreement and a separate end user license agreement or similar agreement will apply to the Konnichiwa Media Properties. By using this Website or the other Konnichiwa Media Properties you acknowledge that you have reviewed all terms and conditions applicable to the product or service in question and agree to be bound by the terms and conditions.
You must not use the Konnichiwa Media Properties or Community Features (defined below) to: (i) transmit, store, embed or otherwise make available any information or material that infringes any right of Konnichiwa Media or any third party, however denominated, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (ii) transmit, store or otherwise make available material which disrupts this Website or the other Konnichiwa Media Properties, imposes an unreasonable or disproportionately large load on this Website's or the other Konnichiwa Media Properties' infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying this Website or the other Konnichiwa Media Properties; (iii) transmit, store or otherwise make available material which is false, threatening, abusive, libelous, defamatory, obscene, vulgar, demeaning, offensive, profane, inappropriate, constitutes hate speech, or which adversely affects Konnichiwa Media business or is otherwise objectionable in Konnichiwa Media's sole discretion; (iv) transmit, store or otherwise make available material which constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (v) transmit, store or otherwise make available a virus, trojan horse, worm, time bomb, spyware, bot, foglet, or other harmful or deleterious programming routine; (vi) transmit, store or otherwise make available material which contains any information, software or other material of a commercial nature; (vii) transmit, store or otherwise make available material which contains advertising, promotions, "junk mail", "spam", "pyramid schemes", "chain letters" or solicitation of any kind; (viii) transmit, store or otherwise make available material which constitutes or contains false or misleading indications of origin or statements of fact; (ix) exploit, harm, personally attack (personal attacks include, but are not limited to, defamatory, sexual and/or sexually implicit remarks) or impersonate management or employees of Konnichiwa Media, or any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) use or attempt to use another's information, account, password, service or system except as expressly permitted; (xi) solicit, collect, transmit, store or otherwise make available private information of any third party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security numbers, or credit or debit card numbers; (xii) use automated scripts to collect information from or otherwise interact with this Website or the other Konnichiwa Media Properties; and (xii) transmit, store or otherwise make available material which is irrelevant to the subject matter of the Community Features (defined below).
Third party text, photo, graphic, audio and/or video material (collectively, the "Third Party Materials"), contained on or incorporated in the Konnichiwa Media Properties shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any Website user or to any third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), Konnichiwa Media has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Website or the other Konnichiwa Media Properties (the "Designated Agent"). All such notifications relating to this Website or the other Konnichiwa Media Properties must be a written communication and must include the following information:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
- Provide information reasonably sufficient to permit us to contact you (email address is preferred).
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
Send the written communication as a scanned version to the email listed below:Konnichiwa Media
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- COMMUNITY FEATURES
Konnichiwa Media and its third-party providers (the "Vendors") do not monitor, endorse, edit or screen your Submitted Content, although Konnichiwa Media and its Vendors reserve the right to do so, and neither Konnichiwa Media nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via the Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and Konnichiwa Media or between you and Konnichiwa Media's Vendors other than as expressly set forth in this Agreement. You acknowledge that Konnichiwa Media is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to Konnichiwa Media under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If Konnichiwa Media determines, in Konnichiwa Media's sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, Konnichiwa Media reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use this Website, the Community Features and/or the other Konnichiwa Media Properties; and/or (d) use any technological, legal, operational or other means available to Konnichiwa Media to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this Website, the Community Features or on the other Konnichiwa Media Properties.
You are solely responsible for your interactions with other users of the Konnichiwa Media Properties. You may contact community moderators or e-mail our Customer Service Department to report violators.
We reserve the right, but have no obligation, to monitor disputes between you and other users.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to Konnichiwa Media a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
- SPECIAL TERMS AND CONDITIONS APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
Via certain Konnichiwa Media Properties, you can subscribe to or download video, pictures and/or other content (collectively, "Services"). In addition, you can buy Konnichiwa Media and related products and services. ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY.
The Services and all other products offered via the Konnichiwa Media Properties are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform or create derivative works of them.
Price Modifications; Merchandise and Services Availability
Konnichiwa Media reserves the right to modify the price of any Services or any other products offered via the Konnichiwa Media Properties. Konnichiwa Media is not responsible for any error in copy or images relating to Services or any other products offered via the Konnichiwa Media Properties. Any offer to sell any Services or any other products offered via the Konnichiwa Media Properties, may be discontinued at any time in Konnichiwa Media's sole discretion.
The Services and any other applicable products offered via the Konnichiwa Media Properties or Third Party Sales Locations are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
Should you have any questions about the purchase of Services via the Konnichiwa Media Properties, send an e-mail to Konnichiwa Media Customer Support.
Purchasing; Price; Payment
By purchasing any Services or any other products offered via the Konnichiwa Media Properties, you acknowledge and agree that your credit or debit card is being charged by the payment processor of Konnichiwa Media, the operator of such product or service. For purposes of this Agreement, such payment processor will be referred to as a "Vendor."
By utilizing a credit or debit card for purchase of any Services or any other applicable products offered via the Konnichiwa Media Properties, you authorize Konnichiwa Media to charge such card on the periodic basis as specified (e.g., once per month for monthly Services) in the amount described on the applicable Service or Services' purchase path(s).
If the account number, expiration date or other information of any credit or debit card account associated with your subscription Service changes, Konnichiwa Media recommends that you update it as soon as possible. Please also be aware, Konnichiwa Media may acquire this current information from Konnichiwa Media's financial services partner and update the information previously provided to us by you to include such revised payment information. For purposes of this Agreement, such financial services partner will be referred to as a "Vendor."
For certain purchases of Services or other products made via the Konnichiwa Media Properties, Konnichiwa Media is required to collect sales tax. In states or regions that impose sales or use tax, a purchase is subject to tax unless specifically exempt. Purchases from the Konnichiwa Media Properties are not exempt from sales or use taxes simply because they are made from the Internet or because Konnichiwa Media is not required to collect sales or use tax by any particular state or region. Whether any sales tax will be collected on a given purchase and the amount of tax charged depends on a number of factors including whether Konnichiwa Media is subject to tax in a given jurisdiction. The purchaser is responsible for any applicable taxes not collected by Konnichiwa Media and certain states require purchasers to file a sales/use tax return annually reporting taxable purchases that were not taxed and to pay such tax. For details, see the website of, or otherwise contact, the applicable taxing authority. If any sales tax will be collected directly by Konnichiwa Media in connection with a purchase, that amount will be shown either prior to the completion of any purchase or reflected in the final confirmation of that purchase.
For Oklahoma purchasers, applicable use tax on purchases made via the Konnichiwa Media Properties may be reported and paid on an Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21-1]. The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website, www.tax.ok.gov.
Billing for Certain Services
Payment Processing for CKE18.com recurring subscription services is handled by our payment processing partner ("Vendor"), CCBill, LLC. If you are not familiar with CCBill, please take a moment to read their Consumer Terms and Conditions. Subscription fees are AUTOMATICALLY RENEWED at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. All special introductory offer Members shall be exempt from the 7-day notification requirement, but subscriber must notify CCBill directly 24 hours prior to the end of the trial/special offer period in order to cancel automatic renewal. All trial/special offer memberships shall renew at the stated membership rate. If you are not currently a subscriber, please see our current subscription offers on the CKE18.com Join Page. For current members, please refer to the email you received when you subscribed, or log in to the CCBill Support portal. In the event Konnichiwa Media discontinues or significantly alters a Service that you have purchased with monthly automatic renewal, Konnichiwa Media shall notify you via the email address provided at purchase of such cancellation and may provide information about similar or new Services available via the Konnichiwa Media Properties.
Cancelation and Refund Policies for Certain Services
For certain Services billed on a recurring basis there are no cancellation fees, and you will not be charged any subscription fees after your cancellation date. There are no refunds for partial months or unused portions of annual subscriptions. Any subscription related charges made to your account prior to cancellation are non-refundable. If you request cancellation or request a refund from CCBill, your bank, card issuer, or phone company due to unauthorized or fraudulent use, CCBill can at its discretion, to prevent further unauthorized use, block your information from use at all CCBill Clients' Websites. This will not, however, prevent unauthorized use at non-CCBill Clients' Websites, and is not a substitution for your contacting your appropriate channels to prevent further misuse. Should a refund be issued in this case by CCBill, all refunds will be credited solely to the payment method used in the original transaction. CCBill will not issue refunds by cash, check, or to another credit card or payment mechanism. To cancel your subscription, please log in to CCBill Support and request a cancelation. You may also send an email to firstname.lastname@example.org. When sending email requests please provide as much information as possible, e.g., subscription ID number, e-mail address, username, last name, and ZIP code.
Notifications and Other Terms and Conditions
By accepting this Agreement, you agree that Konnichiwa Media may notify you about changes to prices and/or Services and other products by sending an e-mail message to your e-mail address on file with Konnichiwa Media, and by publishing such notices from time to time on the informational page(s) of the Konnichiwa Media Properties applicable to the Services. It is your responsibility to notify Konnichiwa Media of any change in your e-mail address by updating your information in to the CCBill Support portal. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam e-mail folders or by adding us to your address book or safe senders list. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service or Konnichiwa Media Property, the terms and conditions of the applicable Service or Konnichiwa Media Property will govern.
Programming, pricing, terms and conditions of Services and other products offered via the Konnichiwa Media Properties are subject to availability and change. Certain Services and other products offered via Konnichiwa Media Properties other than this Website, including downloadable wireless applications, may be governed by an end user license agreement or similar agreement with different terms and conditions than are contained in this Agreement, including different refund policies, which terms may be in addition to the terms contained herein. Please refer to the terms and conditions of such Services or Konnichiwa Media Properties to determine the policies applicable for such other Konnichiwa Media Properties. In the event of any conflict between this Agreement and the terms and conditions provided for any such Service, other product or Konnichiwa Media Property, the terms and conditions of the applicable Service, other product or Konnichiwa Media Property will govern.
Access to Services and Restrictions
Subscription activation for Services and other products offered via the Konnichiwa Media Properties, and subsequent ability to access Services and other products offered via the Konnichiwa Media Properties, may be subject to approval of your valid major credit or debit card and verification of other information that you submit or is otherwise obtained by Konnichiwa Media (e.g., your IP address). Applicable taxes are not included and are the responsibility of the subscriber. IF YOU CIRCUMVENT, OR ATTEMPT TO CIRCUMVENT, ANY USE RESTRICTION HEREIN: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A CHARGE OF NINETY-NINE DOLLARS AND NINETY-FIVE CENTS ($99.95). FOR EARLY TERMINATION; YOU MAY BE SUBJECT TO LEGAL ACTION; AND KONNICHIWA MEDIA RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT AUTHORITIES.
SHARING OF PASSWORDS TO ANY SERVICE, PRODUCT OR THE KONNICHIWA MEDIA PROPERTIES IS STRICTLY FORBIDDEN. IN ADDITION TO THE RIGHTS AND REMEDIES AVAILABLE TO KONNICHIWA MEDIA AS SET FORTH IN THE PREVIOUS PARAGRAPH, KONNICHIWA MEDIA RESERVES THE RIGHT TO CHARGE USERS THE FULL SUBSCRIPTION FEE FOR EACH INDIVIDUAL WITH WHOM THE USER HAS SHARED HIS/HER PASSWORD.
- Price Modifications; Merchandise and Services Availability
- COLLABORATIONS; VOTES; CONTESTS; SWEEPSTAKES
This Website and other Konnichiwa Media Properties may offer you opportunities to collaborate on projects or vote in connection with certain events. By participating in any such event, you signify your agreement to all special terms set forth on this Website and/or the other applicable Konnichiwa Media Properties applicable to the event as well as the terms of this Agreement. You also agree that any contribution you make to such event becomes the sole property of Konnichiwa Media and there is no guarantee of payment or compensation to you of any kind. These events are meant for enjoyment and entertainment purposes only. Please do not submit copyrighted, trademarked, or patented ideas.
This Website and the other Konnichiwa Media Properties may contain links and pointers to other World Wide Web sites and resources, including, without limitation, Third Party Sales Locations and Third Party Social Networking Features. Links to and from this Website and/or Konnichiwa Media Properties from or to Third Party Sales Locations, Third Party Social Networking Features and other websites or locations maintained by third parties, do not constitute an endorsement by the Providers of any such third party website or content. Konnichiwa Media is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to this Website administrator or Webmaster of the applicable third-party website or location.
- DISCLAIMER OF WARRANTIES
- USE OF THIS WEBSITE, ALL OTHER KONNICHIWA MEDIA PROPERTIES AND THE PRODUCTS AND SERVICES INCLUDED HEREIN AND THEREIN ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
- EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED BY KONNICHIWA MEDIA AND/OR THE APPLICABLE VENDOR, THIS WEBSITE, THE OTHER KONNICHIWA MEDIA PROPERTIES, AND ALL MATERIALS CONTAINED OR DISTRIBUTED HEREIN AND THEREIN, INCLUDING, BUT NOT LIMITED TO ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- KONNICHIWA MEDIA DOES NOT WARRANT THAT: (1) THIS WEBSITE, THE OTHER KONNICHIWA MEDIA PROPERTIES OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS WEBSITE, THE OTHER KONNICHIWA MEDIA PROPERTIES, THE PRODUCTS OR SERVICES WILL BE CORRECTED; (3) THIS WEBSITE, THE OTHER KONNICHIWA MEDIA PROPERTIES, THE PRODUCTS OR SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS WEBSITE, THE OTHER KONNICHIWA MEDIA PROPERTIES, THE PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE.
- LIMITATIONS ON LIABILITY
- NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER APPLICABLE TERM AND CONDITION OF THE KONNICHIWA MEDIA PROPERTIES OR ANY ACT OR FAILURE TO ACT BY KONNICHIWA MEDIA OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THE COMMUNITY FEATURES OF THIS WEBSITE.
- IN NO EVENT SHALL KONNICHIWA MEDIA BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE PRODUCTS OR SERVICES.
- IN NO EVENT SHALL THE PROVIDERS OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE OR THE OTHER KONNICHIWA MEDIA PROPERTIES INCLUDING, BUT NOT LIMITED TO, ANY TRANSACTION FOR PRODUCTS OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF KONNICHIWA MEDIA IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE PROVIDERS OR ANY VENDOR FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, THE MERCHANDISE, SERVICES OR THE OTHER KONNICHIWA MEDIA PROPERTIES IS $50.
- IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE OR THE OTHER KONNICHIWA MEDIA PROPERTIES, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
You hereby agree to indemnify and hold the Providers harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of this Website, the other Konnichiwa Media Properties, any products and/or Services purchased via this Website or the other Konnichiwa Media Properties; or (B) any alleged breach of this Agreement by you.
Konnichiwa Media may change, suspend or discontinue any aspect of this Website or the other Konnichiwa Media Properties at any time, including the availability of any product, Service, feature, database or content. Konnichiwa Media may also impose limits on certain such products, Services and features or restrict your access to parts, or the entirety, of the Konnichiwa Media Properties without notice or liability at any time in Konnichiwa Media's exclusive discretion, without prejudice to any legal or equitable remedies available to Konnichiwa Media, for any reason or purpose, including, but not limited to, conduct that Konnichiwa Media believes violates this Agreement or other policies or guidelines posted on this Website or via the other Konnichiwa Media Properties or conduct which Konnichiwa Media believes is harmful to other customers, to Konnichiwa Media's business, or to other information providers. In addition, this Agreement may be immediately terminated at any time by Konnichiwa Media in its sole discretion. In addition and without prejudice to any other remedy available to Konnichiwa Media, Konnichiwa Media may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Konnichiwa Media in the Konnichiwa Media Properties.
- CHOICE OF LAW; JURISDICTION; ATTORNEYS' FEES
This Agreement will be governed by the laws of the State of Wyoming applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Laramie County, Wyoming will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Konnichiwa Media will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Konnichiwa Media in its sole discretion may amend this Agreement, and your use of this Website or the other Konnichiwa Media Properties after such amendment is posted on this Website will constitute acceptance of it by you. Sections 8, 9, 10, 12, 13 and 14 of this Agreement will survive any termination or cancellation of this Agreement. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
BY USING THIS WEBSITE AND/OR THE OTHER KONNICHIWA MEDIA PROPERTIES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Website and/or the other Konnichiwa Media Properties. Konnichiwa Media may change the terms of this Agreement at any time, and your use of this Website and/or the other Konnichiwa Media Properties after such changes are posted will mean that you accept them.
- NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of this Website and the other Konnichiwa Media Properties are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.