Kotoba Kards Terms of Use
Updated: September 15, 2023
Welcome to Kotoba Kards! Kotoba Kards LLC, located at 27801 Euclid Ave. STE 250, Euclid, OH 44132 (“Kotoba Kards”), also referred to as “we”, “us” and “our”, provides a personalized subscription service that allows our members to access Japanese language learning material over the Internet.
The “Services” include the Kotoba Kards website (https://kotobakards.com), web application (https://app.kotobakards.com), mobile application, and related software, associated content, or any publication, course, product, or service, including all texts, graphics, images, materials, opinions, suggestions, ideas, concepts, designs, data, software, sound files, information, marks, and copyrights, whether registered or unregistered.
By using the Services, the Services user (“you”) expressly agree to all of the following terms of use (“Terms”).
Kotoba Kards reserves the right to modify these Terms at any time by posting a notice of such modifications in the relevant section of the Website, by email to the last email address provided by you, or by posting a notice in any other conspicuous manner that Kotoba Kards deems sufficient. Your continued use of the Services will signify your acceptance of the changes to these Terms. Each time you utilize the Services, such use will constitute acceptance of these Terms, including any amendments or updates that Kotoba Kards may have made from time to time.
If you do not agree to all of these Terms, then do not continue to utilize the Services.
GENERAL USE REQUIREMENTS
By using the Services, you affirm that: (1) you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) OR you have reviewed these Terms with your parent or guardian and he or she has agreed to these Terms on your behalf and takes full responsibility for your compliance with these Terms (except that children under 13 years old are not allowed to use this Website); (2) you are a legal resident of a country where your access to and use of the Website are permitted; (3) you represent that you are fully able and competent to agree to, abide by, and comply with these Terms; (4) you have read and agree to these Terms and the terms of our Privacy Policy (located at https://kotobakards.com/privacy-policy/); and (5) the foregoing was true at all times during your use of the Services, even if your use began prior to the effective date of these Terms.
Only individuals who have registered for a Kotoba Kards account, provide certain information (e.g., a valid email address), and agree to these Terms are eligible to use the relevant Services. You are solely responsible for maintaining the confidentiality and security of your username and password and for all activities that occur on or through your Kotoba Kards account. However, if you allow others to access your Kotoba Kards account, these Terms, as well any specific consents you may have provided to us, also applies to their access, use, and disclosure of information. You agree to immediately notify us of any unauthorized access to your Kotoba Kards account. Kotoba Kards will not be responsible for any losses arising from the unauthorized use of your Kotoba Kards account.
You agree to consent to receive electronic communications from the Service you subscribe to and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of the information you provide.
SUBSCRIPTION TERMS
When purchasing your subscription to the Services, you may be presented with different plans or options (each a “Service Tier”). Different Service Tiers or other offerings may be subject to differences in pricing, usage rules, eligibility, restrictions, features, and device availability.
Your subscription to the Services includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below.
Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. We will keep your detailed payment information, such as credit card number and expiry date, on file. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiry date and 0/V (or equivalent). This enables us to continue to provide you access to the Services. You authorize us to continue to charge your card using the updated information. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. The length of your billing period will depend on the Service Tier that you chose when you signed up for the Service. Where applicable, charges for one or more Services may be prorated for any partial month of service. To see your next recurring billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28), due to free trials and other promotional offers, gift card redemptions, credits applied, or changes in your subscription or payment method. We may also offer you the ability to pause your subscription for a specified period of time. If you do not cancel before the end of the pause period, billing will resume automatically.
We reserve the right to change our pricing. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your subscription in accordance with the instructions included in that email and below. If you do not timely cancel your subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges.
Your subscription to the Services may begin with a free trial. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Eligibility for free trials may vary based on factors including the Service Tier selected, how recently you redeemed a free trial, and whether the Service Tier is part of a combined offering. Certain limitations may also exist with respect to combining free trials with any other offers. Your first payment will be charged to your chosen payment method immediately following the free trial, unless cancelled in accordance with the instructions for cancellation below. You can cancel your subscription at any time before the end of your free trial. We provide notice of the terms of the free trial at the time you register and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., a promotional price, bundled subscription, device-specific offer or gift card) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your subscription at the then-current, non-promotional price after your promotion ends unless you cancel prior to the end of your promotion or unless otherwise disclosed.
You can cancel your subscription at any time before the end of the current billing period, free trial or promotion. Cancellation will take effect at the end of the current billing period unless otherwise disclosed. If you cancel, you will continue to have access to the Service through the end of your current billing period, unless you are subscribed through a free trial, promotional code or other credit, in which case cancellation may be effective immediately. If you modify your subscription to switch from one Service to another Service during your billing period, you may not have continued access to your original Service. If you cancel, including if you switch your billing to a third-party, you will forfeit any service, referral, or redeemed gift card credits. To cancel your subscription to the Services, log into your Hulu account and follow the instructions on your account page.
Payments are nonrefundable and there are no refunds or credits for partially used billing periods. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
LIMITED USE & INTELLECTUAL PROPERTY RIGHTS RESERVED
The Services, including all Intellectual Property Rights in all Services, are the exclusive property of Kotoba Kards, unless otherwise specified. As used in these Terms: (1) “Intellectual Property Rights” means all rights granted, applied for, or otherwise, whether now in existence or later acquired, related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws and all similar equivalent rights or forms of protection, in any part of the world. Kotoba Kards retains all right, title, and interest in, or to (including any license under), any Intellectual Property Rights arising from, or relating to, the Website Content, Services, and Kotoba Kard’s business generally, including all enhancements, modifications, updates, and derivative works; (2) “Content” includes any information provided and hosted on the Website, including its service list, blog, videos, discussion boards, or newsletter, and all new versions, updates, revisions, improvements, and any modifications of the foregoing, to which Kotoba Kards provides access and use.
No provision of these Terms shall be construed as: (1) granting you, by implication, estoppel, or otherwise, any license (except the limited license specifically stated below) or right to use any of the Services for the financial gain of yourself or any third party, except with prior written approval and agreement by Kotoba Kards; (2) releasing, relinquishing, or waiving any of Kotoba Kard’s Intellectual Property Rights; and (3) Kotoba Kards reserves the right, in its sole and absolute discretion, to make any changes to the Services that it deems appropriate, necessary, or useful, at any time.
You may use, and Kotoba Kards grants you this limited, revocable, non-exclusive, license to use the Services, only for the limited purpose, and in the context, for which it was provided to you, including to: (1) purchase or inquire into the Content and/or Service(s) offered by Kotoba Kards and described in detail on the Website; (2) use it for strictly for personal and noncommercial purposes in accordance with these Terms, and not any revenue generating purpose or other purpose not intended by these Terms; (3) direct third parties to use the Website for their own use, but you may not distribute or provide any third party with access to the Services nor make the Services available on a network where the Services could be downloaded, accessed, or used by others; and (4) create a hyperlink, hashtag, or social media post crediting Kotoba Kards for its Services, so long as you do not portray Kotoba Kards in a false, misleading, derogatory, or defamatory manner, or otherwise paint Kotoba Kards in a negative light, and the hyperlink, hashtag, or social media post does not contain abusive, offensive, objectionable, or otherwise inappropriate content and is not a violation of the rights of Kotoba Kards, any third party, or applicable law.
The term of this license is effective on your initial use of the Services and contemporaneous acceptance of the Terms and remains in effect until terminated per these Terms. You may not, and in no way do these Terms confer any right in you to license, sublicense, sell, distribute, or otherwise authorize the use of the Services, whether in executable form, source code or otherwise, to or by any third parties.
The limited license granted to you by Kotoba Kards is not assignable nor sublicensable and may be revoked at any time and for any reason by Kotoba Kards. As such, you expressly agree you will not resell, republish, reproduce, distribute, translate, transfer, upload, post, display, rent, lease, sublicense, loan, lend, assign, transfer, modify, translate, adapt, edit, improve, enhance, or create derivative works, or copy (including photocopying, recording, and all other electronic and mechanical methods) any of the Services under any circumstances, except with express prior written approval by Kotoba Kards. You additionally agree, you will not use any data mining or similar data gathering and/or downloading extraction methods (other than page caching) of any portion of the Services, except as expressly permitted by these Terms. Special rules regarding use of certain software and other accessibility programs with regard to the Services may be included in other areas of the Website and are incorporated into these Terms by reference. Any attempted or actual violation of any term or condition is prohibited and effectively terminates, at the time of such attempted or actual violation, the limited license provided to you. Kotoba Kards may terminate or limit access by subscribers or account holders who, in Kotoba Kard’s sole determination, infringe upon Kotoba Kard’s or any third party’s rights or violate any term or condition of these Terms or any other terms or conditions provided by Kotoba Kards. Kotoba Kards may, directly or indirectly, and by any lawful means, suspend, terminate or otherwise deny your access to or use of all or any part of the Services, in its sole discretion, for your violation of these Terms, or otherwise, including but not limited to, violation of any other rules or requirements for continued use of the Services provided to you by Kotoba Kards.
You may not to use the Services for any revenue generating endeavor or commercial enterprise including but not limited to, using the Services to create a website, product, service, or application that is directly or indirectly competitive with or in any way a substitute for any Service offered by Kotoba Kards.
Upon any expiration or termination of these Terms, except as expressly otherwise provided in this these Terms: (1) All rights, licenses, consents and authorizations granted by Kotoba Kards to you hereunder will immediately terminate; (2) you shall cease all use of Services; (3) Kotoba Kards may disable and deactivate any accounts you set up on or to access the Services, and may otherwise prevent you from further accessing the Services; (4) Notwithstanding anything to the contrary in these Terms, and unless otherwise prohibited by law, with respect to information and materials then in Kotoba Kard’s possession or control, Kotoba Kards may retain your data, which your data is deleted in Kotoba Kard’s ordinary course of business; and (5) you will not be refunded any fees paid in connection with the Services.
DISCLAIMER
Except as otherwise specified in a writing signed by Kotoba Kards, the Services are provided on an “as is”, “as available” and “with all faults” basis, without warranties of any kind, either express or implied. Kotoba Kards, its parent, suppliers, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, agents and representatives make no guarantees or warranties (whether statutory, express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, warranties arising from course of dealing, usage, or trade practice, and non-infringement of information) regarding: (1) the accuracy, quality, functionality, availability, accessibility, reliability, performance, and timeliness of the Services, or third-party sites, hyperlinks and content; (2) the use of the Website, its server(s), or any third-party site or server(s) as safe or free from malware, viruses, and other hardware and software damaging causes; (3) any information or Content posted or hosted on the Website, for any purpose; (4) satisfaction of any local, state, or federal law, regulations, orders, or directives for software compliance, or required disclosures of information on prescription drugs, food products, supplements, vitamins, or any other packaging descriptions and required disclosures; and (5) whether any products, the Services will meet your or any third party’s requirements, operate without interruption, achieve any of your intended results, be compatible with any application, systems, or other services.
You represent and warrant to Kotoba Kards, you are duly authorized and empowered to accept (whether on behalf of yourself or any organization, entity, or enterprise other than on behalf of yourself, including work as an independent contractor or employee), and you do accept without fraud, duress, or undue influence, these Terms. Additionally, you and any applicable associated third-party organization, entity, or enterprise, jointly and severally, indemnify, defend, and hold Kotoba Kards, its parent, and subsidiaries harmless from and against any and all claims, liabilities, suits, injuries, losses, damages, penalties, expenses, and all other costs and actions or proceedings brought against Kotoba Kards, based upon, or arising as a result of, a violation of these Terms. Any waiver by Kotoba Kards of any right or remedy under these Terms is not a waiver of any other right or remedy of the same kind, or subsequent right or remedy.
ACCESS
Kotoba Kards will use commercially reasonable efforts to provide you with consistent access to the Services by hosting, managing, operating, and maintaining the Services for remote access and use by you, including employing any security measures in accordance with applicable industry standards, and excluding: (1) scheduled downtime; (2) maintenance downtime or degradation due to force majeure event(s); (3) suspension or termination of your access to or use of the Services in accordance with these Terms; and (4) any other circumstances beyond Kotoba Kard’s reasonable control.
Kotoba Kards does not guarantee availability of the Services. Accordingly, you agree to hold Kotoba Kards harmless for any unavailability, downtime, etc. of the Services.
You agree that Kotoba Kards may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your access to part or all of the Services, and to any Content if we believe you are using or have used the Services in violation of these Terms or applicable law or regulations or in any manner other than for their intended purpose and in accordance with all other guidelines and requirements applicable thereto. Without limiting the foregoing, we may restrict or suspend your access to your Kotoba Kards account for cause, which cause includes but is not limited to (a) requests from law enforcement or other government authorities, (b) unexpected technical issues or problems, or (c) if we reasonably believe that your Kotoba Kards account has been created fraudulently, your Kotoba Kards account has been accessed fraudulently, or anyone uses your Kotoba Kards account to commit fraud or for any purpose other than its intended purpose and in accordance with all of the requirements applicable thereto. We also reserve the right, but are not required, to terminate any Kotoba Kards account that remains inactive for an extended period of time, e.g., more than one year (failure to log in to your Kotoba Kards account will constitute inactivity for purposes of these Terms).
You agree that Kotoba Kards will not be liable to you or to any third party for any such restriction, suspension, or termination of your access to your Kotoba Kards account or the Content.
Kotoba Kards also reserves the right to take appropriate legal action against you for violating intellectual property rights, fraud, or similar grounds for termination.
Our decision to delay exercising or enforcing any right or remedy under these Terms will not constitute a waiver of such right or remedy with respect to any party.
UPON TERMINATION OF YOUR KOTOBA KARDS ACCOUNT, WHETHER TERMINATED BASED ON OUR DETERMINATION OR AT YOUR REQUEST (OTHER THAN A CANCELLATION OF YOUR SUBSCRIPTION, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE TO THE END OF THE BILLING PERIOD), YOU WILL LOSE THE RIGHT TO ACCESS CONTENT THROUGH THE SERVICES.
THIRD-PARTY PLATFORMS
Kotoba Kards may utilize certain third-party platforms to provide or host the Services. By accessing the Services, and in order to obtain any Content or Services, you agree to abide by and remain bound by the policies and terms of any such third-party platforms, where required. If the terms or policies of any third-party conflict with these Terms the Terms and Privacy Policy of Kotoba Kards will govern the dispute.
Kotoba Kards may also provide links to third party sites and content, including Stripe, and social media sites such as Facebook, Instagram, LinkedIn and YouTube, for your convenience or marketing purposes. You understand Kotoba Kards does not monitor or control any third-party site or content, and Kotoba Kards makes no representation, warranty, guarantee, affiliation, or endorsement regarding the quality, content, nature, reliability, or rights of any such third-party site or content. You understand, by leaving our Website, additional terms and conditions may apply with respect to the third-party site, products, and content. Any dealings between you and a third party are solely between you and that third party, and Kotoba Kards is not liable for any losses, damages, injuries, liabilities, penalties, expenses, or any other costs incurred by you based upon, relating to, or arising as a result of, your relationship with such third party, its site, content, services and/or products. You expressly waive any right you may have, or may later acquire, to name Kotoba Kards as a party to any such proceeding, under any circumstances, and understand Kotoba Kards will not be a party to any such proceeding.
USER INTERACTIONS, DEVICES, & DATA
You agree not to violate or attempt to violate the security of the Services and specifically agree you will not: (1) access data not available to your user account and server; (2) reverse engineer, scan, test, disassemble, decompile, decode, decrypt, or probe the Services and its system, network, and servers, in breach of security or authentication measures; (3) interfere with service to any customer or user of Kotoba Kards, whether by submitting a virus to the Services, overloading, flooding, spamming, mailbombing, crashing, or otherwise; (4) send unsolicited messages, promotions, or advertisements to Kotoba Kards or its customers or users; (5) forge any transmission control protocol or intellectual property packet headers, information, emails, newsgroups or social networking post; (6) store, create, distribute, post, transmit, or otherwise publish content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of the privacy or violates the rights of Kotoba Kards or any third party, or is abusive, inflammatory, fraudulent, or otherwise inappropriate, encourages or incites violence or insurrection, is confidential or protected or proprietary information, or any content which violates any local, state, or federal law, or which misrepresents your affiliation with Kotoba Kards or any third party; (7) damage, destroy, disrupt, impair, interfere with or otherwise impede Kotoba Kard’s Services, or Kotoba Kard’s provision of services to any third party; or (8) attempt any of the above-listed actions.
You agree that you will, at all times: (1) set up, maintain and operate in good repair all of your devices or systems on, or through, which the Service is accessed or used; and (2) provide all cooperation and assistance as Kotoba Kards may reasonably request to enable Kotoba Kards to exercise its rights and perform its obligations under these Terms. You represent and warrant that maintenance of your data, its content and use, and your devices (including maintenance, security, accessibility and use of such), to prevent any third-party access or use of the Services, including all results obtained from, and all conclusions, decisions and actions based on, such access or use, whether with or without your knowledge or consent, and understand that any results, conclusions, decisions, and actions of any third-party based on such access or use by or through your devices or any other means controlled by you, is your sole responsibility. You indemnify and hold Kotoba Kards harmless for any losses, liabilities, damages, and claims brought by you or any third party arising from, or as a result of, a violation of the foregoing.
By submitting, storing, creating, distributing, posting, transmitting, or otherwise publishing any content on Kotoba Kard’s Website, you grant to Kotoba Kards, its parent, subsidiaries, licensors, affiliates, and assigns, an irrevocable, royalty-free, perpetual and nonexclusive license to use, store, analyze, transmit, reproduce, modify, alter, adapt, publish, translate, create derivatives works from, distribute, display, and otherwise control such content in any manner or media relating to the Services, without any compensation owed to you. Additionally, you warrant to Kotoba Kard’s, any such submission, distribution, post, transmission or publication is not in violation of any provision of these Terms, or any other terms and conditions, intellectual property rights, legal agreements, etc. (including any required authorizations) of you or any third party. Kotoba Kards will control and may protect any data submitted by you to Kotoba Kards in accordance with Kotoba Kard’s Privacy Policy.
Kotoba Kards reserves the right to remove, delete, negate, or otherwise object to any content you store, create, distribute, post, transmit, or otherwise publish on the Website. In addition to the above-listed restrictions you will not post any content promoting marketing claims, benefits, or advantages to using any particular type or brand of products, or content which inhibits any other customer of Kotoba Kards from use and enjoyment of the Services. Kotoba Kards will employ security measures in accordance with applicable industry practice.
INDEMNIFICATION & LIMITATION ON LIABILITY
In addition to any and all other indemnification obligations and limitations on liability stated above, you agree to indemnify and hold harmless Kotoba Kards from and against all liability, damages, loss, cost or expense, including but not limited to reasonable attorneys’ fees and expenses, arising out of or in connection with any claims that: (1) your use or access of the Website, Content, or Services infringes or otherwise violates any rights of any such third party; (2) your use or access of the Website, Content, or Services in contravention of these Terms; (3) your provision of, or Kotoba Kard’s use of, your data has caused damage to, infringed the rights of, or caused the dissemination or unauthorized access of the data of, any third party; and/or (4) your provision of, or Kotoba Kard’s use of, your data caused damage to a third party including but not limited to as a result of Harmful Code, whether negligent or intentional.
You agree that your sole and exclusive remedy for any dispute with Kotoba Kards is to stop your use of or access of the Website, Content, and Services. In no event shall Kotoba Kard’s, or Kotoba Kard’s parent, licensors, subsidiaries, affiliates, respective members, employees, independent contractors, licensors, licensees, assignees, agents, or representatives be liable for any direct, special, indirect, incidental, punitive, or consequential damages, including physical injury or loss, death, wrongful death, loss of profits, loss of data, loss of records, property damage, products liability, strict liability, whether brought in tort or contract, arising out of or relating to: (1) the Website, Content, and Services; (2) any third party content or site; (3) use of, or inability to use, the Website or any third party’s website. Such prohibited damages include, but are not limited to, lost profits, data loss, business damage, or damages that are not reasonably foreseeable. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or other specific types of damages. To the extent you reside in any such jurisdictions, this paragraph will not apply to you.
LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its principles of conflicts of laws. If a dispute arises, you will notify and allow Kotoba Kards to resolve any dispute before initiating the arbitration process. If, and only if, Kotoba Kards does not resolve the dispute within 60 days from the date your notice is received, then you may initiate the arbitration process. You hereby irrevocably and unconditionally consent and agree to submit any dispute with Kotoba Kards, its parent, and subsidiaries to binding arbitration under the rules of the American Arbitration Association (“AAA”), before a single arbitrator, governed by the AAA’s Commercial Arbitration Rules, in the County of Cuyahoga, State of Ohio, or any other county which Kotoba Kards reasonably chooses at the time of the dispute, rather than in court or any other legal proceeding and expressly waive any right to jury or bench trial or any other court or legal proceeding. The parties shall share equally the cost of arbitration, including any filing fees and arbitration fees. Unless otherwise ordered by the arbitrator, each party shall be responsible for all other respective fees and costs, including but not limited to fees for attorneys or expert witnesses. Judgment upon the award rendered by the arbitrator may be entered in any court with jurisdiction to do so. However, Kotoba Kards may seek immediate injunctive relief in a court of law, in addition to any other remedy provided for by these Terms or under applicable law, if you violate any of term or condition in whole or in part. Any claim or lawsuit arising out of these Terms must be filed no more than six (6) months after the date of the occurrence that is the subject of the claim or lawsuit, or within the applicable statute of limitations, whichever expires first, and YOU EXPRESSLY WAIVE ANY OTHER STATUTE OF LIMITATIONS PERIOD OF LONGER THAN SIX (6) MONTHS.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY, AND YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR COLLECTIVE PROCEEDING against Kotoba Kards and/or its related parties or entities for any and all claims related to Kotoba Kard’s Website, Content, Services, these Terms, or otherwise including or related to Kotoba Kards. The provisions of this paragraph survive the termination of your use of the Website, Content, and Services.
SEVERABILITY
If any provision, in whole or in part, of these Terms is determined to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall be subject to enforcement to the extent permitted under the law. If no such interpretation is possible, then the unenforceable provision shall be deemed struck and the remainder of these Terms shall remain valid and enforceable.
CONTENT PROVISIONS
Kotoba Kards aspires for the Services to provide exceptional sources of entertainment and learning for you. You understand and agree that the Content you receive through the Services is intended for informational and entertainment purposes only; it does not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
Kotoba Kards strives to provide a variety of Content for our diverse group of users to enjoy. The Content tends to elicit varying reactions among different people. You may come across Content that you find offensive, indecent, explicit or objectionable. Also, content ratings, types, genres, categories, and/or descriptions are provided as suggestions to help with navigation and for informational purposes. We do not guarantee that you will agree with them. You acknowledge these risks and your responsibility for making your own choices regarding what Content is appropriate for you and/or your family.
We use various technologies to provide you with an optimal experience. That said, the quality of Content, including audio quality, may be affected by the format of the Content, your location, the speed, bandwidth and specific terms of your Internet service, and the devices and/or equipment used, among other factors. The time it takes you to begin hearing Content will vary based on a number of factors, including your location, Internet bandwidth, the number of devices simultaneously connecting to the same network, the Content you have selected, and the configuration of the device you are using. As a result, we are unable to make any warranties about the Content in these respects.
MISCELLANEOUS PROVISIONS
When you access the Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the Services may be prohibited or restricted by your network provider and the Services may not work with your network provider or device.
The Kotoba Kards policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. We do not claim ownership over any ideas, suggestions, or other materials submitted; however, as to such materials, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, display, create derivative works, or otherwise exploit them for any purpose without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
Kotoba Kards is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Kotoba Kards Service, including our websites and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Kotoba Kards Service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
Headings used in these Terms are for reference only and do not affect the interpretation or enforcement of any term or condition.
These Terms will inure to the benefit of Kotoba Kards, its parents, subsidiaries, and successors in interest, including successors through merger, consolidation, or sale of substantially all of Kotoba Kard’s ownership or assets.
Kotoba Kards may receive commission from products and services sold on affiliated websites. For a list of Kotoba Kards affiliations and conditions, please contact Kotoba Kards at contact@kotobakards.com.
For any matters where specific contact procedures are not provided for elsewhere in these Terms, you may contact Kotoba Kards by sending an email to contact@kotobakards.com.
These Terms survive termination of your use of the Website, Content, and Services.