Terms of Service
Dengaku, Inc. along with its other affiliate and subsidiary companies (collectively "Dengaku") welcomes you to its Web site (the "Site"), whether as a casual visitor, a member or a purchaser of products or services. By accessing, viewing, or using the content, material, or services available on or through this Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting ("you"), acknowledge that you have read and understand the following terms and conditions ("Terms and Conditions") and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them. These Terms and Conditions may be changed at any time. Any change to these Terms and Conditions shall be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of such changes. Notice of any new or revised Terms and Conditions will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
- Informational Purposes Only. The information on this Site is for informational purposes only.
- Proprietary Rights. All works of authorship, information, content, functional components, and material appearing on or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms,and look and feel attributes) are Dengaku's copyrighted works, all rights reserved, or the copyrighted works of Dengaku's affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of Dengaku, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of Dengaku, without Dengaku's advance written consent, is prohibited. The sole exception to this prohibitions in this paragraph shall be a limited consent for search engines (such as, for example, www.google.com) to index the Site for the sole purpose of making the Site Materials searchable through their services. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to Dengaku or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
- Third Party Materials, Products and Services. Parties other than Dengaku may provide products or services on the Site. Use of this Site and the Site Materials and any other material or content on and made available through this Site is entirely at your own risk. Dengaku expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Dengaku expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
- Materials Submitted to the Site. This Site is for personal use only. You may not permit anyone other than you to use your user name or password. By submitting information, and content to or using the Site ("User Materials"), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation (collectively, "Law"); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, harms minors in any way, indecent, or embarrassing, or which discloses to any third person any private or personal matters concerning any person, all of which shall be determined by Dengaku in its sole discretion.; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such of that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know- how; (i) post, transmit, or distribute advertisements, promotions, or solicitations without the prior written approval of Dengaku; or (j) constitute disclosure of any confidential information owned by any third party. Upon submission of User Materials, or other material or information to Dengaku, you grant Dengaku a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of Dengaku, provided that, with respect to multimedia materials, which are User Materials that are not text, such as audio or video files, such license may be terminated by you upon written notice to Dengaku when you delete such multimedia materials from the Site. The scope of the license that you grant to Dengaku in this paragraph is limited by applicable law. Dengaku may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in Dengaku's sole discretion. Dengaku shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site. If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms and Conditions.
- Communications With The Site. Dengaku welcomes your feedback and suggestions about how to improve our products, information, and services and this Site, including, without limitation, the feedback and suggestions and all other information, data, material, or other content (collectively, "Submissions") to Dengaku. Such Submissions shall be deemed User Materials in accordance with Section 4 of these Terms and Conditions and treated in the same manner as textual materials, even if they include multimedia files. Further, Dengaku is free to use any ideas, concepts, methods, know-how, techniques, and processes contained in any Submission for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
- Disclaimer of Warranty and Liability.
THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS." USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
DENGAKU MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
DENGAKU SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF DENGAKU TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.
TO THE EXTENT THAT MATERIALS ON THIS SITE PERTAIN TO MEDICINE, LAW, OR ANY OTHER REGULATED PROFESSION, THEY ARE ON THE SITE FOR INFORMATIONAL PURPOSES ONLY, STRICTLY AS A CONVENIENCE TO THE USER, AND AS A STARTING POINT FOR RESEARCH. NOTHING ON THIS SITE SHALL CONSTITUTE THE PRACTICE OF MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION. USERS ARE DIRECTED TO SEEK COMPETENT ADVICE CONCERNING THESE MATTERS FROM A LICENSED PROFESSIONAL.
- Corrections and Changes. Dengaku endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Dengaku is not responsible for any errors or omissions in the Site or Site Materials. Dengaku may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and Dengaku makes no commitment to update the information contained on or in this Site.
- Indemnification. You agree to defend Dengaku and its directors, officers, employees, agents, and contractors ("Dengaku Indemnitees") against all claims, actions, suits, and other proceedings of third parties ("Claims") arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold Dengaku Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of Dengaku.
- Your Conduct. By viewing this Site, you certify that you are thirteen years of age or older. Children under the age of thirteen are not permitted to access this Site. Dengaku's services and websites are not directed at children and are designed for individuals who are 18 years of age or older.
You understand that all User Materials, including without limitation information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Materials originated. This means that you, and not Dengaku, are entirely responsible for all User Materials that you upload, post, email, transmit or otherwise make available via the Site. Dengaku does not control the User Materials posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such User Materials. You understand that by using the Site, you may be exposed to User Materials that is offensive, indecent or objectionable. Under no circumstances will Dengaku be liable in any way for any User Materials, including, but not limited to, any errors or omissions in any User Materials, or any loss or damage of any kind incurred as a result of the use of any User Materials posted, emailed, transmitted or otherwise made available via the Site.
Without limiting any other provision of these Terms and Conditions, you agree to not use the Site to:
a. impersonate any person or entity, including, but not limited to, a Dengaku official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Materials transmitted through the Site;
c. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
d. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
e. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
f. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
g. "stalk" or otherwise harass another; and/or
h. collect or store personal data about other users.
You acknowledge that Dengaku may or may not pre-screen User Materials, but that Dengaku and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Materials that are available via the Site. Without limiting the foregoing, Dengaku and its designees shall have the right to remove any User Materials that violate these Terms and Conditions or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any User Materials, including any reliance on the accuracy, completeness, or usefulness of such User Materials. In this regard, you acknowledge that you may not rely on any content created by Dengaku or submitted to Dengaku, including without limitation information in discussion groups, blogs, profiles, polls and all other parts of the Site.
You acknowledge, consent and agree that Dengaku may access, preserve and disclose your account information and User Materials if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any User Materials violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Dengaku, its users and the public.
You understand that the technical processing and transmission of the Site, including your User Materials, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Dengaku and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
You understand that it is your sole responsibility to know and abide by all of the laws of your jurisdiction, with regard to your use of the Site. If the Site's content does not copy with those laws, it is your responsibility not to access it.
- Termination of Access. Dengaku reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
- Liability for Losses Stemming from Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither Dengaku nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
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