CONTRACTING CONDITIONS FOR THE PROVISION OF KSUKI SERVICES
1. Identification of the service provider.
Owner: ONTINET.COM SLU
NIF: B96840467
Address: C/ Martínez Valls, 56 bajo 46870 Ontinyent (Valencia)
España
Phone number: 962 913 348
E-mail:contact@ksuki.com
KSUKI, is a registered trademark of Ontinet.com S.L.U ("Ontinet.com", "we" or "us"), and provides our website accessible at ksuki.com (the "Site") through which users can participate in an online community dedicated to enjoying manga, comics, anime, light novels and media in all its forms (the "Services"). Please read the following terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referred to herein, or elsewhere on the Site and incorporated herein by reference, govern your access to and use of the Site and the Services. These Terms of Use are a legal agreement between you and Ksuki and apply to you whether you are a Ksuki Member (defined below) or a visitor simply browsing the Site (collectively, "Ksuki Users"). These Terms of Use limit Ksuki's liability and obligations to you, grant us certain rights, and allow us to change, suspend or terminate your access to and use of the Site and Services.
You understand that by using the site, the services or your Ksuki account or by posting any content on the site you are agreeing to be bound by these terms of use. If you do not accept these terms of use in full, you may not access or use the site or services. If you agree to these terms of use on behalf of a company, you represent and warrant that you have the authority to bind that company to these terms of use and your agreement shall be treated as the company's agreement in that case, "you" and "your" shall mean and apply to that company.
2. Eligibility and Registration.
In order to access certain features of the Site and the Service, as well as to post any content on the Site or via the Service, you must create a Ksuki account and become a "Ksuki Member". In order to become a Ksuki Member you must be at least 16 years of age. When you register with Ksuki and create your Ksuki account you must provide us with complete and truthful information. In doing so you agree to update your Ksuki account information whenever it changes or becomes necessary. You further authorize Ksuki, directly or through third parties, to make any request we deem necessary to verify the accuracy of your Ksuki account information. Our privacy policy refers to how we use the information collected in this way and how it is treated.
When creating your account, you may not provide false information or use an identity, username, or password that you are not authorized to use. Ksuki reserves the right to require you to change your username for any reason it deems necessary.
You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and related Ksuki account information. You agree not to disclose your password to anyone. You agree that you, and you alone, are responsible for all actions and activities generated by your Ksuki account, whether or not you have authorized such activities or actions. You agree to immediately notify Ksuki of any unauthorized use of your username, password or Ksuki account.
3. Access to Certain Content: Financial Terms.
Ksuki Members may access and/or purchase Ksuki Content (as defined below) through the Website or the Services in a variety of ways, including: (i) Ksuki Members may view certain Ksuki Content that is offered for free, and (ii) Ksuki Members may pay for "koins", points that allow them to access Ksuki Content with an associated "koins" value. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS IF THE ACCOUNT IS CANCELLED. Koins are refundable at Ksuki's sole discretion. You agree to immediately pay any unpaid accrued amounts upon expiration (if any). You hereby authorize Ksuki to charge any Koins you request via the credit card or payment method you provided to us as part of your Ksuki account information, either directly or indirectly through an online payment service, such as Paypal ("Payment Method").
We reserve the right to adjust the price of our service or any component of it if necessary, at a time determined by us in our absolute discretion. Except as stated in the terms and conditions, any changes to the price of our service will take effect according to the timeframe indicated in the email we send you.
You will be able to edit your payment method by visiting our Website and accessing your "Profile", available on the application or website in your user details. For certain payment methods, the issuer of your payment method may charge you a transaction or other fee.
4. Copyright and Licensing.
"Ksuki Content" means, collectively, any text, data, graphics, images, images, logos or emblems of Ksuki, as well as any other content (including licensed content) available on our Website and Services, excluding user-submitted content.
"Licensed Content" means any content (whether image, audio or video) provided to Ksuki through its partners and available through the Website and Services.
"User Submissions" means, collectively, the text, data, communications, wall postings, chat, graphics, images, photos, audio or video files and other content and information that Ksuki Members post, upload or otherwise submit to the Website or Services, including, without limitation, on their profile page, excluding Content Translations.
You retain all rights to your Submissions. However, by uploading, commenting on, posting or transmitting any User Submission on or through the Site or Services, you grant Ksuki the irrevocable right to reproduce, modify, distribute or use the submission, free of charge. Ksuki may publish, display, perform or transmit your Submissions in connection with the Site or the Services for its (and your related) purposes, without limitation, for promotion and redistribution in whole or in part (and derivative works), in any media formats and through any distribution channel. You warrant that you own, or have the copyrights, licenses, consents or permissions, to allow Ksuki to use these permissions. You acknowledge and agree that your comments in User Submissions comply with the requirements of our Data Protection and Copyright Policy, as outlined in Section 5 below.
You agree that Ksuki may, in its sole discretion, reclassify and recategorize any User Submissions and establish limits relating to User Submissions, including, without limitation, the maximum number of days of availability of User Submissions through the Services or page, the maximum size of files saved or uploaded to the page or Services and the maximum space that may be hosted on Ksuki's servers. Ksuki shall have no responsibility or liability for maintaining copies of User Submissions on our servers and you are responsible for creating your own backup copies.
Limitation of Liability: Ksuki does not warrant that any content (including, without limitation, Ksuki Content, User Submissions or Content Translation) will be available through the Website or the Services continuously or at all. Ksuki reserves the right to remove, or permanently delete from the Website or the Services any Content without prior notice, and for reasons deemed valid. Ksuki has no obligation to monitor User Submissions or Translations of Content, which are uploaded, commented upon, posted or otherwise transmitted via the Website or the Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of User Submissions or Translations of Content or any other information that is offered, described or written by Ksuki Members, including, without limitation, any information obtained by using the Website or the Services.
Ksuki does not endorse any User Submission or Translation of Content or any opinion, recommendation, advice that is expressed by these means, and you agree to waive, and hereby do waive, any and all claims you may have against Ksuki with respect thereto.
5. Copyrighted Materials: No Infringing Use.
You will not use the Website or the Services to offer, display, distribute, transmit, transmit, guide, provide links to, or store any material that infringes the copyrighted works, or in any way infringes or promotes infringement of the proprietary rights of any third party. Ksuki maintains a policy that provides for the termination in specific circumstances of the accounts of users who consistently infringe or are deemed to engage in repeated infringement of the proprietary rights of authors.
6. Termination or Suspension of the Site or Services and Modifications to these Terms of Use.
Ksuki reserves the right, in its sole discretion, at any time, to modify, suspend or terminate the Site or Services, or modify or terminate these Terms of Use, without notice to you. If any modification is not accepted by you, your sole remedy is to discontinue use of the Site and the Services. If you continue to use the Site and the Services after Ksuki has made any modifications to the Site, you accept and approve such modifications by your use.
Without limiting other remedies, Ksuki may at any time suspend or terminate your Ksuki account and refuse access to the Website or the Services. In addition, Ksuki may notify authorities or take such other action as it deems appropriate, without further notice to you, if Ksuki suspects or determines, in its sole discretion, that you may have or are at risk of (i) failing to comply with the requirements of these Terms of Use or any policy established by Ksuki; or (ii) you are engaged in actions relating to the use of the Website or the Services in an unlawful manner, or that may cause damage, harm, embarrassment, abuse, or disruption on your part, to Ksuki Users, to Ksuki, to any other person, natural or legal, or the Website or the Services.
You may cancel your Ksuki account at any time and for any reason by selecting this option on your account information page. Once your Ksuki member account has been canceled, related accounts will no longer be available.
7. Interactions between Ksuki Users.
You are solely responsible for your interactions (including any disputes) with other Ksuki Users. You agree that Ksuki does not screen its Users in any way. You are solely responsible for, and should exercise caution, discretion, common sense and good judgment when using the Site and Services to disclose your personal information to other Ksuki Users. You agree to take the necessary precautions in all your interactions with other Ksuki Users, particularly if you choose to meet in person. Your use of the Website, the Services, the Ksuki Content and any other content that is available through the Website or the Services is solely at your risk and discretion, and therefore Ksuki has no legal liability to you or any third party in connection with your use of the Website or the Services. Ksuki reserves the right to contact its Members, in accordance with its governing law, in order to evaluate their compliance with the rules and policies of these Terms of Use. You will cooperate fully with Ksuki in investigating any suspected illegality, fraudulent act, or improper activity, including, without limitation, authorizing Ksuki's representatives to access any password-protected portion of your Ksuki account.
8. Obligations of Ksuki Users.
The Site and the Services may only be used for lawful purposes. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations governing your use of the Site and Services. In addition, and without limitation, while using the Site and Services you agree that you will not do any of the following:
Upload, comment on, post or transmit in any manner: (i) any User Submission or Translated Content, which you do not have legal rights to copy, transmit or display (including any User Submission that may infringe any confidentiality or fiduciary duty you may have with respect to the User Submission); (ii) any User Submission or Translated Content for which you do not have consent or permissions for each person identifiable in the User Submissions or use of each person's name, voice, signatures, photograph, or likeness for the Translated Content (to the extent that each person involved is responsible for the User Submissions or Translated Content) and such consents or permissions are required; or (iii) any User Submission or Translated Content infringes the intellectual property rights, or infringes the privacy rights, of any third party (including, without limitation, copyrights, trademarks, patents, trade secrets, or any other intellectual property right, or moral right or right of publicity).
Upload, post, submit or transmit any User Submission or Content Translation that is unlawful, obscene, harmful, threatening, intimidating, offensive, libelous, defamatory or hateful, or that contains hateful objects or symbols, invades the privacy of others, contains erotica or pornography of minors, or is misleading, threatening, abusive, incites illegal, defamatory, libelous, slanderous, vulgar or violent action, or constitutes hate speech, or speech that is objectionable in Ksuki's opinion.
Circumvent, disable or interfere in any way with the security of the Site or that may prevent or restrict the use or copying of any content.
Use any meta tags or other hidden text or metadata using Ksuki's trademark, logo, URL or product name.
Upload, comment on, or post any form of unauthorized advertisement, promotional material, junk mail, chain letters, "pyramid schemes" or any form of solicitation.
If you make any TCP/IP packet or any part of the header information to change the source information to use the Site or alter, mislead or send false information, we reserve the right to block your IP for abuse of access to the Site or Services.
Upload, post, submit or transmit any User Submission or Content Translation that contains harmful software, or any computer code, file or program designed to (i) interrupt, destroy or limit the functionality of any software or information, or (ii) interfere with any user's access, hosting service, networks, including, without limitation, sending a virus, overloading, spamming or mass mailing to the Site.
Upload, post, submit or transmit any User Submission or Content Translation that includes hidden, or secret, code embedded in the images, audio or video of any User Submission or Content Translation that is not related to the immediate or aesthetic nature of the User Submission or Content Translation.
Interfere with or disrupt (or attempt to interfere with or disrupt) any Website available through our Website, servers or network connected to the Website, Services or the delivery system of Ksuki's technical systems providers, or disregard any requirements, procedures, policies or regulations of networks connected to the Website or Services.
Attempts to test, scan or assess the vulnerability of any Ksuki system or its network, or to disrupt, damage or circumvent any security or authentication measures for the protection of the Site or its Services.
Attempts to decipher, compile, disassemble or reverse engineer any software used to provide the Website or its Services.
Attempts to access, research or perform a specific search within the Site with any search engine, program, tool, agent, equipment or other mechanism other than the program and/or search engine provided by Ksuki, or other search engines that are generally used (such as Microsoft Edge, Mozilla Firefox, Apple Safari, Google Chrome or Opera) including without limitation, any program that sends queries to the Site to determine how a Site ranks.
Collect or store personal data about Ksuki users without their proper authorization.
Impersonate or impersonate an affiliate of any person or institution, by pretense or any other means of social engineering or otherwise committing fraud.
Use the Site or Services in any manner that is not permitted by these Terms of Use, or encourage or instruct other individuals to do any of the foregoing or infringe any of the provisions of these Terms of Use.
9. Contests and Sweepstakes.
(a) Ksuki Promotions.
Ksuki may offer sweepstakes, raffle and other types of promotions through the Website. You should carefully read the rules of each Promotion in which you participate (e.g., "Rules") through the Website, as they may include important additional information about Ksuki's rights and ownership of the submissions you submit as a participant in the Promotions and as a result of your participation in that Promotion.
10. Evaluations, comments and feedback.
Feedback. You may rate and comment on content available through the Website or the Services. Ksuki encourages you to exercise caution and good judgment in writing them. Once you have completed and submitted your Comments to the Website, you will not be able to retract and edit them. You should also be aware that you may be legally liable for damages to another person's reputation if your Comments are deemed defamatory. Ksuki is under no obligation to monitor or censor Comments and therefore shall have no liability for any claims relating thereto. However, Ksuki reserves the right, in its sole discretion, to remove any Comments that it deems inappropriate, or inconsistent with the online activities that are permitted under the Terms of Use.
Recommendations. We welcome and appreciate your recommendations, comments and suggestions for improving the Website and the Services. You can send us your recommendations by emailing us atcontact@ksuki.comor through the "Help" section of the Website. You acknowledge and agree that all of your Comments and all of your Recommendations shall be the exclusive property of Ksuki, and you hereby agree to transfer all rights in these Comments and Recommendations to Ksuki, together with all intellectual property rights therein.
11. Indemnification.
You agree to indemnify and hold harmless Ksuki and its affiliates, its subsidiaries, distribution partners and their respective officers, directors, employees and/or agents, for losses and expenses, including, without limitation, reasonable legal fees and costs, arising out of or related to (i) your access to or use of the Website, Services, Ksuki Content, User Submissions or Content Translations; (ii) your infringements of the Terms of Use; (iii) your infringements of the Terms of Use; (iii) your infringements against third parties, including, without limitation, any copyright or intellectual property rights, publicity, confidentiality, proprietary rights or privacy rights; or (iv) any complaints that content you place on the Website or via the Services (including, without limitation, User Submissions or any Content Translations) may cause harm to third parties, including, without limitation, complaints that your User Submissions or any Content Translations infringe regulations. Therefore, items (i), (iii) and (iv) of this Section 11 obligate you to indemnify Ksuki if you are affected by your activities on the Website and the Services, at any time.
12. Limited Liability.
Under no circumstances shall Ksuki or its affiliates, subsidiaries, partners, or licensors, or any of their officers, directors or employees and/or agents be liable to you or any third party for any indirect, incidental, consequential or punitive damages resulting from use of the Site, the Services, its contents, or any other content that is available through the Site or the Services, including without limitation, for damages resulting from the conduct of any Ksuki user, whether online or offline, whether or not Ksuki has been advised of the possibility of such damage. Ksuki shall not be liable for the consequences of any interruptions or errors related to the Site, the Services or scheduled or unscheduled outages.
13. Applicable Law and Forum.
Any doubt, discrepancy or controversy that may arise from the interpretation or execution of this Contract or any of its eventual modifications, as well as any breach of the same, shall be interpreted in accordance with Spanish law.
The parties agree that any litigation, discrepancy, question or claim resulting from the execution or interpretation of this contract related to it, directly or indirectly, shall be definitively resolved by arbitration, in law, within the framework of the Court of Arbitration and Mediation of the Valencia Chamber of Commerce, which is entrusted with the appointment of the arbitrator or arbitrators and the administration of the arbitration. The parties expressly agree to comply with the arbitration award issued. Or submit to the jurisdiction of the Courts and Tribunals of Ontinyent (Valencia) Spain.
14. Force Majeure.
Ksuki shall not be liable to you in the event of any failure or delay in the performance of its obligations under this Agreement due to events beyond its control, which may include, without limitation, attacks for denial of Services, strikes, shortages, lockouts, insurrections, fires, floods, storms, explosions, acts of God, war, terrorism, governmental actions, labour conditions, earthquakes, material shortages, internet failures or extraordinary connectivity problems experienced by our telecommunications service providers, and not related to Ksuki's connectivity infrastructure. In the event of a Force Majeure Event, Ksuki will be relieved of any further obligations that may have been affected by that Force Majeure Event, and for the duration of that situation, and for such reasonable period as Ksuki needs to recover from that Force Majeure Event.
15. Links to Other Websites.
The Website or the Services may provide links to other websites related to Ksuki. Such links are provided for convenience only and Ksuki has no control over such websites and does not control any of the material on such websites or their operators. Ksuki is not responsible for the activities of those websites, and has no liability for any damage, injury or loss you may suffer as a result of using or accessing those websites.
16. Other.
In the event that any term in these terms of use is held invalid or unenforceable, the unenforceable portion shall be enforceable to the fullest extent permitted by law and the remaining terms shall remain in full force and effect to the fullest extent permitted by law. The failure of either party to enforce any right or condition of these terms of use shall not constitute a waiver of those rights or conditions. You may not assign or transfer these terms of use (by operation of law or otherwise) without Ksuki's prior consent and any such prohibited assignment shall be deemed void.
17. No unsolicited submissions.
As a rule, Ontinet.com S.L.U., does not accept unsolicited material that is not represented by a recognized agent, agency, manager, producer, production company or studio. Any creative ideas, suggestions or material of any kind, including new or improved products, names, promotions, advertisements, marketing, pitches, descriptions, scripts, artwork, designs, visual materials, etc., will be discarded without further reading. The purpose of this policy is to avoid any misunderstanding if your original work seems similar to Ksuki's content, since many works and proposals are based on the same or similar ideas. Please note that if you choose to ignore this policy and still submit some material, you agree that you have read Ksuki's submission policy and understand that by submitting something, Ksuki has no obligation to you or to the material you submit and will not be able to make any claims based on the material you submit.