Terms and Conditions
PLEASE READ CAREFULLY BEFORE USING THIS SITE:
As used herein, “Site” refers to www.kimanami.com.
These Terms & Conditions, together with any other terms, conditions or policies set forth elsewhere in the Site, constitute the entire agreement between you and Kim Anami (“Anami”) in connection with your access and use of the Site (“Agreement”). By using the Site, you indicate your acceptance of these Terms & Conditions. If you do not agree to these Terms & Conditions, you have no license to access the Site and should leave immediately. Anami may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature or content. Anami may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
COPYRIGHTS, TRADEMARKS AND RESTRICTIONS ON USE OF ANY AND ALL OTHER INTELLECTUAL PROPERTY
All materials published on the Site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips) are individually protected by copyrights which are owned and controlled by Anami or the party credited as the provider of the material. Moreover, the selection, coordination, arrangement and enhancement of all contents of the Site are also copyrighted as a collective work. You shall abide by all copyright notices and other restrictions contained in any material accessed through the Site. No material from the Site (including, but not limited to, electronic courses or instructional videos or audio-visual materials) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material. Modification of the materials or use of the materials for any purpose other than personal, noncommercial use is a violation of the respective owners’ copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Anami or the other designated owner of a posted mark. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Your use of the materials published on this Site is subject to a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Site conditioned on your continued acceptance of, and compliance with, these Terms & Conditions.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works from the Materials (as hereafter defined) and/or Content (as hereafter defined) of Site, or infringe on any of the Anami’s intellectual property in any way.
Please note that each purchase of paid content is single use only, designed for consumption by the purchaser. You may not share, post, duplicate, upload or otherwise distribute any of the members’ materials herein. Such actions would be considered theft.
THE USE OF THE MATERIALS AND/OR CONTENT OF THE SITE AND/OR ANAMI’S INTELLECTUAL PROPERTY, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF ANAMI AND OTHERS AND WILL SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, PROSECUTED TO THE FULLEST EXTENT PERMITTED BY LAW, FOR COPYRIGHT AND OTHER INFRINGEMENT.
NOT FOR COMMERCIAL PURPOSES
By using the site, you agree that your usage is for personal reasons only and not for commercial use.
OFFENSIVE, INDECENT OR OBJECTIONABLE CONTENT
You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable (all such content, whether offensive, indecent, objectionable, or otherwise is referred to hereinafter as “Content”.) Under no circumstances will Anami be liable in any way for any for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content.
PURCHASE OF PRODUCTS OR SERVICES FROM THE SITE
The purchase of any goods or services from the Site is governed by these terms and conditions. ANAMI MAKES NO WARRANTY AS TO THE QUALITY OF SUCH PRODUCTS INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The Site may contain links and pointers to Internet sites maintained by others (“Third Party Sites”). The appearance of a link does not imply Anami’s endorsement. Anami has not reviewed all of the Third Party Sites linked to the Site and is not responsible for the contents of or any products or services offered in such Third Party Sites. You access them at your own sole risk, and you should direct any concerns regarding any Third Party Site to its site administrator or Webmaster.
Anami makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the Hong Kong without giving effect to any principles of conflicts of law, except as to any provisions which may be governed by the laws of the Hong Kong, in which case the latter shall govern. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Hong Kong and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
All courses and services sold on the Site have a clear cancellation policy noted per product.
ENFORCEABILITY AND TERMINATION OF AGREEMENT
If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Anami may, in her sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, failure to comply with any of these Terms & Conditions. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under the terms of this agreement or otherwise. In the event of termination, you are no longer authorized to access or use the Site, and the restrictions imposed on you with respect to materials downloaded from the Site and the disclaimers and limitations of liabilities set forth in this agreement shall survive. Anami reserves the right to terminate this agreement at any time.
You access and use the Site at your own sole risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these Terms & Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
THE MATERIALS IN THIS SITE AND ALL DOWNLOADABLE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANAMI AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE AND ANY AFFILIATED WEBSITES WITH WHICH IT IS LINKED. ANAMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE MATERIALS, INFORMATION, OPINION OR ADVICE PROVIDED IN OR FROM THE SITE. ANAMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO LIABILITY AND INDEMNIFICATION
To the fullest extent permitted by applicable law, Anami and her agents, affiliates, licensors and licensees (all of the foregoing, collectively, the “Indemnified Parties”) shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Anami or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary, or for your reliance on any material published or posted on the Site.
You hereby agree to indemnify, defend and hold harmless Anami and the Indemnified Parties from and against any and all claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by you and the Indemnified Parties, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms & Conditions (including but not limited to your obligations, representations and warranties contained herein) and any other terms and conditions or policies set forth elsewhere in the Site. You shall cooperate as fully as reasonably required in the defense of any claim. Anami reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
SOFTWARE AND ELECTRONIC FILES AVAILABLE ON THE SITE
Any software or downloadable files, including, but not limited to, electronic courses or instructional videos or audio-visual materials, (in any audio, visual, audiovisual, electronic print or other material in any form of media whatsoever) that are made available for you to use from the Site, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”), is the copyrighted work of Anami, unless another author or owner is expressly indicated as such. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). Anami retains full and complete title to the Software itself and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or otherwise disassemble the Software. ANAMI MAKES NO WARRANTY AS TO THE QUALITY OF SUCH SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Software from the Site is further subject to all applicable international import, export and trade controls. No software from the Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the United States has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Anami or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Anami staff, Anami’s outside contributors, or by users not connected with Anami, some of whom may employ anonymous user names. Anami expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Anami or any of its subsidiaries or affiliates.
Anami has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Anami does not control or endorse the content, messages or information found in any Communication Service and, therefore, Anami specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Anami spokespersons, and their views do not necessarily reflect those of Anami.
If any provision in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in this agreement, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by this agreement to be unreasonable.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
The Site contains material that may not be appropriate for children. If there is a concern by parents that children may visit the Site, Anami recommends using a parental control software package. Some sample parental software packages include: Net Nanny (http://www.netnanny.com), Cyber Patrol (http://www.cyberpatrol.com) and Cybersitter (http://www.solidoak.com). Please be advised that Anami does not endorse any one parental software package. While no parental software package replaces careful supervision of Internet use by children, these tools can be a useful addition to your suite of Internet applications. In using the site, you acknowledge and agree that you are over 18 years of age.
These Terms & Conditions constitute the entire agreement between you and Anami relating to the Site and its use by you, and supersedes any previous written or oral communication regarding use of the Site.
CHANGES TO TERMS
Anami reserves the right, in its sole discretion, to change the Terms under which http://www.kimanami.com is offered. The most current version of the Terms will supersede all previous versions. Anami encourages you to periodically review the Terms to stay informed of our updates.
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