Terms and Conditions of Use
Kazuhm, Inc. (“Kazuhm”, “we”, “our”, or “us”) makes information, products, and services available on this website (the “Site”), subject to the following terms and conditions of use (“Terms”). These Terms cover your use and access to the Site, as well as any materials, information, products, services and software made available on or through the Site (collectively, the “Services”). Please read these Terms carefully because they are a binding agreement between you and Kazuhm. “You” or “your” refers to you personally (i.e., an individual), and, if you access this Site on behalf of a corporation or other legal entity, you and such corporation or other legal entity on whose behalf you access this Site.
Acceptance of Terms
Kazuhm provides the information, content and Services available on the Site to you, conditioned upon your acceptance, without modification, of the Terms contained herein. If you do not agree to these Terms, please do not use the Site or the Services. By accessing, browsing, using or logging into the Site or using the Services, you agree to be bound by these Terms.
Kazuhm reserves the right, at our sole discretion, to change or modify these Terms, or change or remove features of the Site, in our discretion at any time. Changes to the Terms will be effective when posted. Therefore, you should review the current Terms when you visit the Site or use the Services. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. Your continued use of the Site and/or the Services made available on or through the Site after any changes to the Terms are posted shall be deemed acceptance of the modified Terms.
Additional Terms Governing Products and Services
In addition to these Terms, additional terms, conditions and notices may apply to specific Services offered through the Site, and may be provided by separate manually or digitally-executed agreement(s). In the event of any conflict, such additional or different terms will prevail over these Terms.
While using the Site or the Services, you agree to comply with all applicable laws, rules and regulations. Your use of the Site or Services is conditioned on your compliance with these Terms and any failure to comply may result in termination of your access to the Site. In connection with your use of the Site or Services, you agree you will not:
Breach or otherwise circumvent any security or authentication measures;
Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Site;
Access, search, or create accounts for the Site by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
Access, tamper with, or use non-public areas or parts of the Site, or shared areas of the Site you haven’t been invited to;
Probe, scan or test the vulnerability of any system or network;
Access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site;
Interfere with anyone else’s use and enjoyment of the Site, or otherwise violate the privacy or infringe the rights of others;
Access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site;
Access (or attempt to access) this Site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement;
Use the Site for any fraudulent or unlawful purpose;
Harvest or collect personally identifiable information about other users of the Site;
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
Modify, adapt, create derivative works of, translate, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notice from the Site;
Frame or mirror any part of the Site;
Create a database by systematically downloading and storing all or any Site content; or
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site.
Ownership and Intellectual Property Rights
Kazuhm owns all rights, title and interest in and to the Site, the Services, all content, information, code, data, text, graphics, images, documents and other materials, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Kazuhm trademark, intellectual property right or copyrighted material without Kazuhm’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Marks”) displayed on the Site or on content available through the Site are the Marks of Kazuhm. Nothing contained on the Site should be construed as granting by implication or otherwise, any license or right to use any Mark without the prior written permission of Kazuhm.
You will receive a password and account designation upon completing the Kazuhm registration process. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account, including as a result of your failure to keep this information secure and confidential. You must (a) immediately notify Kazuhm of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you log out from your account at the end of each session. Kazuhm cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Any software or related materials that are made available to download from this Site or otherwise provided to you (“Software”) are protected by applicable copyright, patent or other intellectual property rights of Kazuhm. Your right to access, download and/or use the Software will be subject to these Terms and the terms of the applicable software license agreement which accompanies or is included with the Software. Any use, reproduction or redistribution of the Software not in accordance with these Terms and the applicable license agreement is prohibited.
Kazuhm respects the intellectual property of others and asks that the people who use the Site do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notification must be sent to [email protected]
Links to Third Party Sites
When you visit the Site or send communications to us through the Site, you are communicating with Kazuhm electronically; and you consent to receive communications from Kazuhm electronically. Kazuhm may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Kazuhm provides to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. KAZUHM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SITE OR ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, KAZUHM MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. THE SITE, THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE AND THE INFORMATION, CONTENT, SOFTWARE, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL KAZUHM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, CONTENT OR OTHER INTANGIBLES, HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF KAZUHM HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU
The Terms constitute the entire agreement between you and Kazuhm with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kazuhm with respect to this Site. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of law principles to the contrary. Any disputes under these Terms shall be brought in the state and federal courts located in San Diego County, California, and the parties hereby consent to the personal jurisdiction and venue of these courts. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of these Terms will remain in full force and effect. A party may only waive its rights under these Terms, by a written document executed by both parties. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without Kazuhm’s express prior written consent.