K u n a k i
User Agreement and DMCA Policy

USER AGREEMENT

By using any service provided by this Online Service Provider, Kunaki LLC, you agree to the following.

You are responsible for the content you deliver to us for storage and production. You are responsible for obtaining permissions for submitted content (audio, data, video, text, graphics, or other content) which may be required from third parties and you warrant that your products do not infringe upon the rights of any third party, including copyright, trademark or privacy. You represent that you are the owner of the copyright of the content you upload into your account; that you created the content yourself and own the copyright in the content; that you have a direct or implied license from the copyright owner; or the contents are in the public domain. By using our service, you represent and warrant that you own or have permission to use any copyrighted material (audio, data, video, text, graphics, or other content) you upload into your account. You agree to comply with this intellectual property policy. You agree that the provisions of the Digital Millennium Copyright Act (“DMCA”) apply to all transactions between you and this Online Service Provider.

You agree to indemnify and hold this Online Service Provider, and any of its officers or affiliates, harmless and you agree to accept responsibility for reimbursing us for any costs, expenses, attorney’s fees, or liability that we incur if you use our service in any way that is incompatible with our policies or violates any law.

Customers, publishers and content providers are required to provide us with their name, phone number, email address, and a password. Customers are also required to provide us with their address, credit card information, and desired shipping method. We use this information to send out orders and to provide customer service. We store names, addresses, and order details to improve customer service. We use your account information only to conduct normal business operations. We will not provide your information to any third-party for any purpose other than conducting normal business operations, including responding to DMCA notices as described below.

Your content (audio, data, video, text, graphics, or other content) will not be made available to third parties without the publisher’s permission except as may be required by the DMCA or other law. We reserve the right to review and delete your content and graphics from our system at any time and for any reason, but we are not obligated to monitor the content of your submissions. The content of your submissions is your responsibility.

We reserve the right to disclose account and personal information to protect our business or to comply with the law, to cooperate with investigations of activities which may be unlawful, or to protect the rights or property of the company or others.

We reserve the right to cancel service for accounts for any reason, including inactivity or in response to DMCA notices as set forth below.

Email Communications Policy

We will send email communication to customers regarding orders and important announcements.

Online Shopping Policy

We use 128-bit encryption (Secure Socket Layer – SSL) for security when receiving and transmitting confidential information via the Internet. We do not store or archive credit card numbers.

Procedure for Claims of Copyright Infringement in Accordance with the Digital Millennium Copyright Act (“DMCA”)

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Kunaki LLC (“the Company”) has implemented procedures for receiving written notification of claimed copyright infringement. The Company has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a notice. To be effective, a notice must be a written communication provided to the Company’s Copyright Agent and must contain:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description specifying the location of the material that you claim is infringing;
  • Your telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.


The Company’s Copyright Agent for Notice of Claims of Copyright Infringement is as follows:

Albena Beaufort
Kunaki LLC
1170 Waltham Way
Sparks, NV 89434
CustomerService@kunaki.com

Upon receipt of the notice containing the required information, the Company will:

  • Remove or disable access to the material that is alleged to be infringing;
  • Forward the written notification to the alleged infringer, along with your contact information; and
  • Take reasonable steps to promptly notify the alleged infringer that the Company has removed or disabled access to the allegedly infringing material and that the alleged infringer may respond with a Counter-Notice.


Counter-Notice

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. To be effective, a Counter-Notice must be a written communication provided to the Company’s Copyright Agent and must contain:

  • Your physical or electronic signature;
  • Identification of the material removed or to which access has been disabled;
  • A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
  • Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) in Washoe County, Nevada, if your address is located outside the United States and that you will accept service of process from the Complainant submitting the notice.


Upon receipt of a Counter-Notice containing the required information, the Company will:

  • Promptly provide the Complainant with a copy of the Counter-Notice;
  • Inform the Complainant that it will not remove the material or cease enabling access to it unless, within ten (10) business days, the Complainant provides the Company’s Copyright Agent with notice that Complainant has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity.


  • Account Termination

    The Company may, in appropriate circumstances, terminate an account holder or subscriber to the Company’s Website if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact the Company’s Copyright Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

    If you have questions about the legal requirements of a DMCA notice or DMCA counter-notice, please contact an attorney.