Terms

Last Updated: November 04, 2013

Thank you for using Komai! Through Komai.co (the ‘Site’), Komai LLC provides its followers with a creative lens for sustainable ideas, design and inspiration (the ‘Service’). These Terms of Service (‘Terms’) govern your access to and use of the Site and related services, so please read them carefully before using the Site and services.

USE OF SITE

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of browsing content and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

CONDITIONS OF USE

You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘Content’) that you upload, post, publish or display (‘post’) or email or otherwise transmit or use via the Service. You agree to not use the Service to post, email or otherwise transmit any content that is unlawful, threatening, unsolicited ‘junk mail’ or spam, contains software viruses or, in the sole judgment of Komai, restricts or inhibits any other person from using or enjoying the Service, or which may expose Komai or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.

Modifications to Service and Data: The Service may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Service (or a part of the Service). Please backup your data as Komai has no responsibility for the deletion or failure to store any data or other content maintained or transmitted by the Service. Komai reserves the right to terminate accounts that are inactive for an extended period of time.

INTELLECTUAL PROPERTY RIGHTS

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

The Komai name and logo are trademarks and service marks of Komai (collectively the ‘Komai Trademarks’). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Komai. You may not use any of Komai Trademarks without our prior written permission.

THIRD PARTY MATERIAL

Komai will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Komai does not pre-screen content, but Komai and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Service, including the right to remove any content that violates the Terms or is deemed by Komai to be objectionable.

You are solely responsible for the content and other materials you post on or through the Service or the Site or transmit to or share with other users or recipients (collectively, ‘User Content’). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Komai and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Service, in any form now known or later developed.

We welcome your comments, questions, suggestions and feedback about the Site or the Service (‘Submissions’). But be aware that any comments or suggestions you make to Komai are non-confidential and become the property of Komai, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

COPYRIGHT COMPLAINTS

Komai respects the intellectual property of others, and we ask our users to do the same. Komai will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (‘DMCA’) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

–       An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;

–       A description of the copyrighted work or other intellectual property that you claim has been infringed;

–       A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;

–       Your address, telephone number, and email address;

–       A statement by you showing you have good faith that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;

–       A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

Komai’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached at hello@komai.co.

The Service may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Komai has no control over such sites and resources and Komai is not responsible for and does not endorse such sites and resources. Komai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

RELEASE

By using the Service you agree to release, discharge and hold harmless Komai LLC from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Service or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.

INDEMNITY

You agree to indemnify and hold Komai LLC harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Service, or publicly distributed on the web, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.

DISCLAIMER OF WARRANTIES

Your use of the service is at your sole risk. The service is provided on an ‘as is’ and ‘as available’ basis. Komai expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Always use caution when giving out any personally identifying information about yourself or your children.

LIMITATION OF LIABILITY

You expressly understand and agree that Komai LLC will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Komai has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or inability to use the service; (ii) unauthorised access to or alteration of your transmissions or data; or (iii) any other matter relating to the service. In no event will Komai’s total liability to you for all damages, losses or causes of action exceed one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Service or with these Terms, your sole and exclusive remedy is to discontinue use of the Service.

TERMINATION

You agree that Komai, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer content or accounts to law enforcement authorities. Komai will not be liable to you or any third-party for any termination of your access to the Service.

GENERAL

The Terms constitute the entire agreement between you and Komai and govern your use of the Service, superseding any prior agreements between you and Komai with respect to the Service. You also may be subject to additional Terms and Conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions.