Term of Use
(1) By using this Natsume Site, you acknowledge that you have carefully read these terms and conditions of use and that you accept the terms thereof. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Natsume Site.
(2) These Natsume Sites are controlled and operated by Natsume Inc. from within the United States. Access from territories or countries that may consider materials on this Natsume Site illegal is prohibited. Users who choose to access this Natsume Site from those countries or territories do so on their own initiative and at their own risk and are solely responsible for compliance with all applicable local laws and regulations. Natsume may monitor your use of this Natsume Site, and may freely use and disclose any information and materials received from you or collected through your use of the Natsume Site for any lawful reason or purpose. If you do not agree to the terms and conditions herein or any changes that Natsume may make to these terms in the future, in Natsume’s sole and absolute discretion, your only remedy is to discontinue your use of this Natsume Site immediately.
(3) Natsume reserves the right, at its sole discretion and without notice, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Any modification of this Agreement shall be effective fifteen (15) days after posting. You should review the terms of this Agreement frequently to ensure that you are aware of any changes.
(4) The Natsume Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Contents of the Natsume Site are only for your personal, non-commercial use. Content shall include Downloads (defined herein below), images, graphics, sounds and all other material that you find on any Natsume Site ("Content"). All materials contained on the Natsume Site are protected by copyright, and are owned or controlled by Natsume, Natsume's licensors, the party credited as the provider of the Content, and/or their respective owners. The Natsume Site may contain proprietary logos, trademarks or service marks and other proprietary information. All trademarks and copyrights are the property of their respective owners. Nothing on this Natsume Site shall be construed as granting you, by implication, estoppel, or otherwise, any license or right to use any trademark on this Natsume Site without prior written permission of the trademark owner. You may only use the Natsume Site in a noncommercial manner. Natsume is not granting you a license to use any of these logos, marks or other proprietary information other than as may be stated herein. You may not "frame" or "mirror" any Content from the Natsume Site onto any other web site. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Natsume Site. The information and images contained in this Site are copyrighted and may not be distributed, modified, or reproduced in whole or in part without the prior written consent of Natsume unless otherwise specified hereunder. Natsume grants our Natsume Site users a personal, non-exclusive, non-transferable, revocable in Natsume's sole discretion, and non-assignable license to use and display, for home, noncommercial and personal use only, images, or screen shots on a single computer that Natsume allows you to download from this Natsume Site ("Downloads") provided, that you maintain all copyright, trademark and other notices contained or associated with such Downloads. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this license or the Downloads and that no ownership rights have or will pass from Natsume to you. You also agree not to alter, disassemble, decompile, or otherwise modify the Downloads. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Natsume or the copyright holder identified in the individual Content copyright notice. As is the case with the rest of the Natsume Site, the Downloads are provided "AS IS" and without warranties of any kind.
(5) Natsume may change, suspend or discontinue any aspect of the Natsume Site at any time, including the availability of any Natsume Site feature, database, or Content. Natsume may also impose limits on certain features and services or restrict your access to parts or all of the Natsume Site without notice or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Natsume Site any materials which (i) restrict or inhibit any other user from using and enjoying the Natsume Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact. Natsume reserves the right, at any time without prior notice, to discontinue your access to this or any Natsume Site for any reason in Natsume's sole discretion.
(7) You hereby agree to indemnify, defend and hold Natsume, and all its officers, directors, owners, agents, employees, information providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Parties reserve the right but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Indemnified Parties.
(8) The Natsume Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Natsume Site. Links to and from Natsume Site to other third party sites, maintained by third parties, do not constitute an endorsement by Natsume or any of its subsidiaries or affiliates of any third party resources, or their contents.
(10) Natsume does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Natsume Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Natsume reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Natsume Site.
(11) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the Natsume Site, you hereby grant to Natsume a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing of products, in all media now known or hereafter developed. You hereby waive all rights to any claim against Natsume for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. No purported reservation of rights accompanying any posting or communication shall have any force or effect.
(12) Natsume does not prescreen or approve, or later review all Communications and materials posted to the Natsume Site by users, and Natsume is not responsible for any such materials or Communications posted by users. Natsume may, but is not obligated to, review and monitor any and all areas of the Natsume Site including those where you post Communications. Natsume reserves the right to remove any Communications that are objectionable to it in its sole discretion. Natsume will have no liability related to any Communications by you whether arising under the laws of copyright, trademark, privacy, libel, obscenity or otherwise, including without limitation, for failure to remove any Communications. Natsume reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post any information or materials, in whole or in part, that in Natsume's sole discretion are objectionable or in violation of this Agreement.
(13) THE NATSUME SITE, INCLUDING ALL CONTENT, INFORMATION, SOFTWARE, FUNCTIONS, DOWNLOADS, AND MATERIALS MADE AVAILABLE ON OR ACCESSED THROUGH THE NATSUME SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NATSUME AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE NATSUME SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE NATSUME SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE NATSUME SITE OR ANY LINKED SITE. FURTHER, NATSUME AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURSDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NATSUME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NATSUME SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE NATSUME SITE OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATSUME AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE NATSUME SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NATSUME NOR ANY OF ITS DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILITATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE USE OF, OR INABILITY TO USE THE MATERIALS ON THIS NATSUME SITE. UNDER NO CIRCUMSTANCES, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER CLAIM OR CAUSE OF ACTION, WILL NATSUME OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY USER OF THE NATSUME SITE FOR ITS LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED AS A RESULT OF ANY USE OF THE NATSUME SITE, EVEN IF NATSUME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES AND/OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES. THUS IN SUCH STATES OR JURISDICTIONS NATSUME'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEGE THAT NATSUME AND ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT REGARDING ANY CONDUCT, CONTENT, OR COMMUNICATION ON ANY NATSUME SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE WITH NATSUME OR ITS SUBSIDIARIES OR AFFILIATES IS TO STOP USING THE NATSUME SITE. IN NO EVENT SHALL NATSUME OR ITS SUBSIDIARIES AND AFFILIATES' TOTAL POTENTIAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO NATSUME, IF ANY, FOR ACCESS TO THIS SITE.
(14) You acknowledge that transmissions to and from this Natsume Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Natsume, no confidential, fiduciary, contractually implied or other relationship is created between you and Natsume other than pursuant to this Agreement. You acknowledge that personal information that you post on the message boards is not confidential and may be seen and inappropriately used by others thus, we encourage you not to disclose personal information about yourself in your public communications on any Natsume Site. (15) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF CALIFORNIA.
(16) This Agreement constitutes the entire agreement between Natsume and you with respect to your use of the Natsume Site. All rights not expressly granted herein are hereby expressly reserved. No waiver of any right or obligation by Natsume hereto under this Agreement shall be effective unless in writing, specifying such waiver, executed by Natsume. The failure by Natsume to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement. You agree to comply with all local laws and rules regarding online activity and Content, including but not limited to all applicable laws regarding the transmission of technology and data exported and or imported to or from the United States or the country in which you reside.
(17) An action or proceeding regarding claims under this Agreement must be commenced within one (1) year after the events giving rise to the claim or be forever barred.
(18) If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.