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.
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