Additionally, this Agreement contains various representations regarding your sophistication, acceptance of risk, and responsibilities related to the purchase of NFTs.
Please read it carefully.
- Acceptance of Terms
By continuing to use the Service, you agree as follows:
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement, as it may be amended by Kuruma from time to time; and
- You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.
- Kuruma’s License to You
Kuruma grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This access is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed (including your Account) to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).
- Messages from Kuruma
You understand that you may receive business-related communications from Kuruma through the Service or through other communication methods, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.
Marketing-related messages will be accompanied by instructions for opting out.
- Your Account
- Account Creation. You need to register for an Account to use the Service (your "Account").
You may create an Account for free by connecting a cryptocurrency wallet address (your “Wallet”) to the Service. Further instructions on creating your Account will be provided through the Service.
- Account Responsibility. Kuruma does not control or operate your Wallet, nor do we have any way to access, modify, or transfer any Wallet contents. Because of this, you are solely responsible for any activity related to your Wallet and for maintaining Wallet security (such as keeping your credentials, seed phrase, and other Wallet-related information secure).
If your Wallet is compromised in any way, or you provide inaccurate information when setting up your Account which results in incorrect transactions on the Service, lost or mis-transferred currency or funds from your Wallet, or any other errors or issues, Kuruma is not responsible for any activity that occurs on your Wallet, your Account, or on the Service due to these errors or security breaches. You agree to keep your Account and devices secure and to notify Kuruma immediately of any breach of security or unauthorized use of your Account.
- Accurate Information. When creating your Account, you promise to provide accurate information related to your Account, including the correct Wallet address. You promise to keep this information updated so that it is accurate at all times.
- Suspension of Accounts. Kuruma may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
- Your Username. Kuruma may force you to change your username if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Kuruma deems it unacceptable by community standards, at Kuruma’s sole discretion.
- Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through comments, forums, direct user-to-user communication, or by other means, may be accessed, reproduced, or distributed by Kuruma as it sees fit. Kuruma will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
- No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Kuruma owns, has licensed, or otherwise has rights to all the content that appears in-Service, including Accounts, subject to your ownership of the underlying Wallet.
- Your License to Kuruma; Your Conduct
- Your Content. Any communications or material of any kind that you email, post, or otherwise transmit to Kuruma or the public on or using the Service, including comments, messages, data, questions, comments, feedback, or suggestions are known as your “Content.”
Kuruma does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share them, and (ii) give Kuruma permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world, including the right to incorporate any suggestions or feedback into the Service as new or updated features, without limitation.
- Conduct Policy. You are responsible for your conduct as a Service user. We strive to create a community where all users feel welcome and are comfortable engaging with the Service and other users. As such, you agree that you will not engage in conduct (including the sharing of Content) which:
- is threatening, bullying, defamatory, abusive, obscene, extremely violent, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
- is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
- constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
- is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
- encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
- restricts, inhibits, or discourages any other user from using the Service;
- hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
- violates any local, state, federal or international laws or gives rise to civil liability;
- violates or infringes any third-party rights (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
- imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
- is a “chain letter,” or constitutes “junk mail”;
- specifies or claims that that you are affiliated with Kuruma when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Kuruma;
- requests login, Wallet, or other Account information from other users;
- “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
- uses or possesses programs to “crack” the Service or other Internet security tools;
- contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
- uses any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- constitutes money laundering, financing of terrorist organizations, or is connected to any other illegal finance operation or scheme;
- accesses or uses the Service from a country under sanctions from the United States government or involves or facilitates transactions with any individual or entity from or located in a country under such sanctions;
- constitutes a securities transaction or other financial transaction which is subject to additional licensing or registration; and
- anything else that Kuruma, in its sole determination, deems offensive or harmful to the Service or to Kuruma’s integrity or business.
- NFTs and other Virtual Items
The Service is a marketplace through which you may purchase NFTs (unique non-fungible tokens) and other virtual goods (collectively, “NFTs”).
When you purchase an NFT, you acknowledge and agree that you own a cryptographic token which represents the underlying creative work (the “Work”), but this does not grant ownership of the underlying Work itself. You may display your ownership and the Work underlying the NFT, but you do not have any legal ownership or other right in the Work’s copyright, trademark, or other intellectual property rights other than this limited display license in the Work.
All sales of NFTs are final when the transaction has been processed and settled. Transactions are processed through smart contracts on the public blockchain, and therefore Kuruma cannot and will not grant any refunds or otherwise modify any transactions after they have been processed.
- Your Risks and Responsibility
Purchasing NFTs and other cryptocurrency and blockchain-based purchases involves significant risks, including the potential for financial losses. Due to this, you hereby agree, accept, and acknowledge the following:
- When you use the Service, you are fully responsible for confirming that any NFT or other item you view, access, or purchase is authentic and legitimate. Prior to making any purchase or performing any other activity on the Service, you hereby acknowledge and agree that you are solely responsible for any such purchase or activity and for researching the legitimacy of the NFT and other information prior to making such purchase or activity.
Kuruma makes no guarantees as to the legitimacy of any NFT, user or user account, wallet address, cryptocurrency, or other product or service that you interact with or purchase on the Service.
- Kuruma does not provide any investment, legal, or tax-related advice or recommendations. You are solely responsible for determining whether any investment, purchase, sale, or other transaction is appropriate based on your personal situation, including your personal risk tolerance, financial situation, and objectives. While Kuruma may provide information on NFTs and related topics, this information is purely for educational purposes and does not constitute a recommendation or advice, and you agree not to treat any information on the Service as such. Kuruma is not responsible for any of your decisions regarding the NFTs, including their purchase or sale, based on information on the Service or otherwise.
- When you initiate or participate in a transaction on the Service, or interact with other users on the Service, you agree and assume all risk and liability for the outcome of such interactions or transactions. You represent that you have the requisite knowledge, experience, and sophistication to use the Service, and any blockchain and cryptocurrency-based technology and transactions.
- When you purchase third party, user-generated content, you agree and assume all risks of the potential for counterfeit assets, misdescribed or mischaracterized assets, issues with metadata decay or the underlying smart contract, and the potential that an asset may not be transferable. Kuruma is not responsible for any of your losses in any transactions on the Service, whether due to the foregoing or otherwise.
- You acknowledge, agree, and assume all risks related to the fact that (i) the Service does not store or transfer any NFT, (ii) all transfers and storage occur through smart contracts on the Solana blockchain and not on the Service, (iii) all transactions are irreversible, (iv) the NFT is non-fungible, meaning that if it is lost or damages in any way, it is not recoverable, and (v) you are responsible for transferring any NFTs outside of the Service once purchased and that Kuruma is not responsible or liable for any lost or unrecoverable NFTs.
- You acknowledge, agree, and assume all risk related to your Wallet and the NFTs, including (i) the loss or theft of your private key, cryptocurrency, or tokens, (ii) the volatility of the cryptocurrency market, including NFT price volatility and the uncertain regulatory situation, which is always evolving, and (iii) any disruptions or other issues with the Solana or other blockchain (including forks, technical issues, and other errors).
- You acknowledge, agree, and assume all risk related to the operation of the Service, including any errors, omissions, failure to access or operate, Internet or blockchain interruptions or technical issues, failure of any third party service provider that Kuruma relies on to operate the Service, and any other Service-related issues. You agree that Kuruma has no obligation to notify you of any potential risks with the use of the Service or the purchase of NFTs.
- You acknowledge, agree, and assume all risk related to any taxes that you may owe related to the NFTs and any usage of the Service, and that Kuruma is not responsible for collecting, withholding, paying, or notifying you regarding any taxes owed.
- You acknowledge and agree that (i) Kuruma is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States, to US individuals, or otherwise, and (ii) the NFTs are not subject to protections provided by the US government or any other government, including the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.
- You acknowledge and agree that Kuruma may hide, remove, or otherwise make unavailable any NFT or other listing on the Service, for any reason, and that Kuruma is not liable for any inability to view or purchase any NFT or other item on the Service.
Any purchase of NFTs or other items on the Service is subject to the following terms:
- Fees. When you make a transaction on the Service, that transaction is subject to the fees posted on the Service regarding that transaction (the “Fees”). By agreeing to a transaction on the Service, you hereby authorize Kuruma to initiate the transaction using your Wallet and other Account information, as required. You agree to pay Kuruma any transaction-related fees and authorize Kuruma to deduct those fees using your Account and Wallet information. You acknowledge and agree that all Fees (including any NFT and Service-related fees, commissions, and royalties) are processed directly through the Solana blockchain through the use of smart contracts related to the NFT. By making a transaction on the Service using such smart contracts, you agree and consent (i) to all related automated fees, commissions, royalties, and other fees related to the sale of the NFT, and (ii) to be bound by the smart contract’s terms, including the execution and distribution of all such fees, commissions, royalties, and other fees.
- Gas Fees. In addition to the foregoing, you acknowledge and agree that all Service-related NFT transactions utilize smart contracts on the Solana network, which requires payment of a transaction fee (known as a “Gas Fee”) for every transaction. Kuruma does not control this Gas Fee, which may change from time to time. You agree that the Gas Fee is non-refundable, and no failure on your part to be informed of the applicable Gas Fee or change in the Gas Fee will invalidate or revoke any transaction made on the Service.
- Public Nature of Blockchain Transactions. You acknowledge and agree that any transactions that take place on the Service take place on the Solana blockchain, and as such, your public address will be publicly visible with regard to any transaction made through the Service.
- Non-Commercial License. Upon completion of a purchase, and subject at all times to your compliance with this Agreement, Kuruma hereby grants to you, for so long as you own the NFT (as recorded on the relevant blockchain) a non-exclusive, royalty-free license, with no right to sublicense, to use, copy, and display the underlying Work associated with the NFT for your own personal, non-commercial use (including, for example, display as your social media avatar or display within your home for non-commercial purposes). This license includes the ability to create a reasonable number of backup copies of the Work, which may be retained as long as you own the NFT. This license includes the ability to transfer your rights in the NFT, according to the terms of the underlying smart contract associated with the NFT.
- Commercial License. Upon completion of a purchase that specifies a “Commercial License,” and subject at all times to your compliance with this Agreement, Kuruma hereby grants to you, for so long as you own the NFT (as recorded on the relevant blockchain), a royalty-free, worldwide, revocable license, with the right to sublicense, to use, copy, distribute, and display the underlying Work associated with the applicable NFT for developing, manufacturing, selling, and advertising physical merchandise and goods featuring the Work. The foregoing license does not include the right to modify or create derivative works form the Work, except to the extent needed to format the Work for the specific merchandise or goods created under this license.
- Representations. In connection with any purchase or transaction on the Service, you hereby represent and warrant that:
- You have read and understood all the terms of this Agreement and fully understand all the risks (as further described in Section 7) and are willing to assume all risks, responsibility, liability, and losses.
- You are sophisticated and have the requisite understanding of NFTs and the specific transaction, so that you may make informed decisions based solely on your own due diligence.
- You will comply with all applicable laws and regulations related to NFTs and the applicable transactions, and with the terms of this Agreement. Without limiting the generality of the foregoing, you agree that you are not entering into any transaction on the Service related to any illegal activity, or in support of any illegal activity.
- Disputes with Other Users
You acknowledge and agree that, in the case of any dispute between you and any other user or third party, Kuruma is not a party to such dispute and is not responsible or involved in any way. YOU HEREBY RELEASE KURUMA FROM ALL CLAIMS, DEMANDS, LIABILITY, AND DAMAGE OF ANY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF ANY SUCH DISPUTE. BY USING THE SERVICE AND AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE ANY STATUTORY OR OTHER PROTECTIONS THAT WOULD OTHERWISE LIMIT THE SCOPE OF THIS RELEASE TO INCLUDE ANY CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME THAT YOU AGREE TO THIS RELEASE.
- Support Services
Kuruma may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Kuruma is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Kuruma under this Agreement.
Kuruma customer support may be reached by contacting us at email@example.com.
- Modification, Termination, and Monitoring of the Service
Kuruma reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service, including any NFT or other listing) with or without notice at any time. You agree that Kuruma will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Kuruma reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, or terminate any Account, for any reason, at any time.
- Security of Data Transmission and Storage
Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Kuruma or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.
Kuruma and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.
The Service may contain links to other sites and software applications, including through display advertisements (the “Linked Services”). Kuruma does not control the Linked Services, and Kuruma and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Kuruma has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Kuruma cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Kuruma or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.
- Trademarks and Copyrights
The Service is owned by Kuruma and is protected by United States copyright laws and international treaty provisions. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Kuruma or used under license from their owners. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Kuruma or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.
You are prohibited from using or authorizing the use of any Service intellectual property unless specifically permitted under the Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
- Copyright Complaints
If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information described below. When we receive a notice alleging copyright infringement, we will take whatever action we deem appropriate, within our sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
- Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
- 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
- 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.
Our Copyright Agent may be reached at the following physical or email address:
Kuruma NFT Inc.
1730 East Holly Ave
El Segundo, CA 90245
Or by email at: firstname.lastname@example.org
Repeat Infringer Policy: Any user of the Service that repeatedly infringes third party copyright or other intellectual property rights will have their Account suspended or terminated.
- Disclaimer of Warranties
Your use of the Service is entirely at your own risk.
The Service is provided by Kuruma on an as-is basis. Kuruma expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition to any other disclaimer provided in this Agreement, Kuruma makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.
No advice or information, whether oral or written, obtained by you from Kuruma, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
- Limitation of Liability
You expressly understand and agree that Kuruma is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Kuruma has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service, and without regard to whether such damages, or claims of damages arise based in contract, tort or otherwise.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Kuruma and its affiliates will be limited to the fullest extent permitted by law.
You agree to indemnify and hold Kuruma and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Kuruma or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.
- Your Personal Information
- Disclosures Required by Law
Kuruma reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Kuruma reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Kuruma to disclose the identity of any user believed to be in violation of this Agreement.
By accepting this Agreement, you waive all rights and agree to hold Kuruma harmless from any claims resulting from any action taken by Kuruma during or as a result of its investigations or from any actions taken as a consequence of investigations by either Kuruma or law enforcement authorities.
- Legal Compliance
By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Governing Law; Mediation; Jurisdiction
The Agreement, and all future agreements you enter into with Kuruma, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with Kuruma, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 23 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.
For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Kuruma by sending a message via email to email@example.com. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.
- Binding Arbitration
Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.
YOU AND KURUMA AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.
The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.
Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.
To start an arbitration, you must send an email to firstname.lastname@example.org describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Los Angeles, California, USA, unless the Parties agree to video, phone, or internet connection appearances.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Kuruma will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.
Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND KURUMA WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
You and Kuruma agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.
- Miscellaneous Terms
- Agreement Revisions. This Agreement may only be revised in writing by Kuruma, or by Kuruma’s publication of a new version on the Service.
- Force Majeure. Kuruma is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Kuruma, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Kuruma’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
- No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Kuruma as a result of this Agreement or your use of the Service.
- Assignment. Kuruma may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Kuruma’s prior written consent, and any unauthorized assignment by you will be null and void.
- Severability. If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
- Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
- No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
- Equitable Remedies. You hereby agree that Kuruma would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
- Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Kuruma with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Kuruma with respect to the Service.