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:
The Company’s Copyright Agent for Notice of Claims of Copyright Infringement is as follows:
1170 Waltham Way
Sparks, NV 89434
Upon receipt of the notice containing the required information, the Company will:
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:
Upon receipt of a Counter-Notice containing the required information, the Company will:
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.