Terms of Service | KINCHAKU

2018/09/01

YOUR ACCEPTANCE

These Terms of Service of Sete Mares’s service constitute a legally binding electronic end User license agreement between you (“User”, “you”, “your”) and Sete Mares (“Kinchaku”, “Sete Mares”, “Service”, “Website”, “us”, “our”, “we”).

We may attempt to notify you when major changes to these Terms of Use are made, however you should review up-to-date version yourself. Sete Mares reserves the right, in its sole discretion, to modify or revise Terms of Use and policies at any time, and you agree to be bound by any modifications / revisions.

Sete Mares is a company incorporated in Japan, and is subject to laws of Japan. The registered address of a company is Fukuoka-ken, Fukuoka-shi, Hakata-ku, Hakata Eki Mae 3-9-5-1111, 〒812-0011.

Kinchaku is a service of Sete Mares. Services are provided to an account holder by Sete Mares.

By using or visiting Sete Mares web site or any mobile application made available by Sete Mares however accessed you agree to be bound by these terms of use. These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, please, do not access or use the Service.

SERVICE

These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, graphics, photos, works of authorship, interactive features links and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Sete Mares, including but not limited to all products, software and services offered via the Sete Mares website and Sete Mares applications. The Service may contain links to third party websites that are not owned or controlled by Sete Mares. Sete Mares has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Service, you expressly relieve Sete Mares from any and all liability arising from your use of any third-party website.

BASIC TERMS

You must be at least 13 years old to use the Service.
You must not post violent, unlawful, infringing, hateful content.
You are responsible for any activity that occurs through your account.
You understand and confirm that any and all Content you create or make available through Service must be your own, i.e. you must own the rights to that content, including all copyrights.
You are responsible for keeping your password secret and secure.
You must not post private or confidential information via the Service.
You must not use the Service for any illegal or unauthorized purpose, including but not limited to copyright laws.
In your use of the Service, you will comply with all applicable laws.
You are solely responsible for your conduct and Content that you submit, post or display on or via the Service.
You must not change, modify or alter another website so as to falsely imply that it is associated with the Service or Sete Mares.
You must not access Sete Mares private API by means other than those permitted by Us.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Sete Mares page or application is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
Violation of these Terms of Use may, in Sete Mares sole discretion, result in termination of your account with your content removal. You understand and agree that Sete Mares cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for Sete Mares, we can stop providing all or part of the Service to you and you will be liable.
You agree that Sete Mares may automatically download and install updates for Service from time to time.
You may only use our Service for your own personal purposes, and you must not use our software for any other purposes.
You must only view our Content in our Application and/or Sete Mares web site.
Unless you own or control the relevant rights in the Content, you must not:  1. republish Content from our Service (including republication on another Service);   2. sell, rent or sub-license Content from our Service;  3. show any Content from our Service in public;  4. exploit Content from our Service for a commercial purpose; or  5. redistribute material from our Service.
You must not access or otherwise interact with our software using any robot, spider or other automated means.

GENERAL CONDITIONS

Sete Mares reserves the right to discontinue any aspect of the Service at anytime for any reason, without notice, and without liability to you.

Sete Mares will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Sete Mares or others due to such unauthorized use.

We reserve the right to refuse access to the Service to anyone for any reason at any time.  The Kinchaku name and logo are trademarks of Sete Mares, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sete Mares. It is Sete Mares intention for the Service to be available as much as possible, however, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Sete Mares reserves the right to remove any Content from the Service for any reason, without prior notice.

You agree that Sete Mares is not responsible for, and does not endorse, Content posted within the Service. Sete Mares does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.

LICENSE

Unless otherwise stated, Sete Mares own the intellectual property rights for all Content. Intellectual property rights are reserved.

You must not:

Republish Content from the Service.
Sell, rent or sub-license Content from the Service.
Reproduce, duplicate or copy Content from the Service.
Redistribute Content from the Service.

COOKIES

We employ the use of cookies. By using the Service you consent to the use of cookies in accordance with Service privacy policy. Some of our affiliate / advertising partners may also use cookies.

ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF SETE MARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SETE MARES PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SETE MARES PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SETE MARES PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SETE MARES IS NOT RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SERVICES.

SETE MARES IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you.

IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE COMMONS OFFERS THE SERVICES (INCLUDING ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES) AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CREATIVE COMMONS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICES WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVERS USED BY CC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CREATIVE COMMONS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OF THE CONTENT AVAILABLE THROUGH THE SERVICES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.

INDEMNITY

To the extent authorized by law, you agree to indemnify and hold harmless SETE MARES, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys fees, resulting directly or indirectly from or arising out of (i) your violation of the Terms, (ii) your use of the Service, and/or copyright the Content you make available on the Service.