By using and / or visiting Chiyaguff, including all Content (as defined below) available through Chiayaguff, you signify your assent to these terms and conditions (the “Terms of Service”).
We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Website. You agree that Chiyaguff shall not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Service.
These Terms of Service were last revised on October 3rd, 2018. We may change these Terms of Service at any time. Please review the Terms of Service each time you visit the Website. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF SERVICE.
Links to and From the Website
These Terms of Service apply to all users of the Website, including users who are also contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Chiyaguff. Chiyaguff has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and you access and use these websites solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or any association with their operators. In addition, Chiyaguff will not and cannot control or edit the content of any third-party site. By using the Website, you expressly relieve Chiyaguff from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party.
Website Access/Users Who Violate Terms of Service
Chiyaguff hereby grants you permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, download or distribute any part of the Website in any form or medium without Chiyaguff prior written authorization; (iii) you will not alter, modify, or make derivative works from any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. All derivative work on Chiyaguff is licensed under a Creative Commons Attribution Non-Commercial No Derivatives license. Outside of Chiyaguff, no one has the right to alter the derivative work in any way, or to use it commercially. The unaltered derivative work can only be shared as a link back to the derivative work on Chiyaguff.
Chiyaguff may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Service, including, but not limited to, the accounts of users who repeatedly post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights.
Restrictions on Use of the Website
If you are a minor in the jurisdiction in which you reside (e.g. under 18 years of age), you may only use the Service if (a) you either obtain parental or legal guardian consent after review of this Agreement prior to you using any of the Service provided by Company or are an emancipated minor and (b) you are competent and fully able to enter into the representations, and warranties, terms, conditions, obligations, and affirmations, set forth in this Agreement, and to comply and abide by with this Agreement.
All Users who are minors in the jurisdiction in which they reside must have the permission of their parent or guardian to use the Service chat rooms. All minors must be directly supervised by their parent or guardian while using our chat rooms. Company does not systematically monitor and review the conversations that take place in the chat rooms. Company does not determine the true identity or age of those who frequent and use the Service chat rooms.
The Company may in its sole discretion for any or no reason, with or without notice, including without limitation if it believes that you are under 13, terminate your account or profile, delete any content or information that you have posted on the Service, and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service).
Intellectual Property (Trademarks & Copyrights)
Chiyaguff, the Chiyaguff logo and the Chiyaguff design, may not be used without express written permission from Chiyaguff, other than for attribution. All other trademarks not owned by Chiyaguff that appear on Chiyaguff are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chiyaguff. Chiyaguff-originated content included on the Site, such as text, graphics, logos, data compilations, APIs, software and the compilation of all content on the Site, is the property of Chiyaguff and its licensers and protected by United States and international copyright laws. Except as set out in these Chiyaguff Terms, no reproduction of any Chiyaguff-originated content is permitted without written permission from Chiyaguff. Any use or reproduction of user-posted content must comply with the terms of the respective license(s) and must include a label indicating such license.
User Reviews, Recommendations, Comments, and other Material
- Your Posts: As part of the Chiyaguff Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, “Post”) reviews, comments or other materials (collectively, “User Material”).
- Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Chiyaguff Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person.
- You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Chiyaguff the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
- Chiyaguff does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant Chiyaguff a limited non-exclusive, transferable, sublicensable, worldwide, royalty-free, fully paid-up, perpetual, irrevocable license to use, display, reproduce, transmit, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Chiyaguff Services, in any media formats and any media channels now known or hereinafter created.
- Third Party Posts: Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Chiyaguff does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Chiyaguff.
- Chiyaguff takes no responsibility for advertisements or any third party material posted on Chiyaguff, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Website are between you and the advertiser, and you agree that Chiyaguff is not liable for any loss or claim that you may have against an advertiser.
Disclaimer of Warranties, Limitation, Limitation of Liability and Indemnity
YOU AGREE THAT USE OF THE CHIYAGUFF.ONLINE SERVICES IS AT YOUR OWN RISK. THE CHIYAGUFF.ONLINE, INCLUDING THE CHIYAGUFF.ONLINE SITE AND THE OTHER SITES, THE CHIYAGUFF.ONLINE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CHIYAGUFF.ONLINE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OR THAT THE CHIYAGUFF.ONLINE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL CHIYAGUFF.ONLINE OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “Chiyaguff PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE CHIYAGUFF.ONLINE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE CHIYAGUFF.ONLINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CHIYAGUFF.ONLINE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE CHIYAGUFF.ONLINE SERVICES.