TERMS OF SERVICE
These terms and conditions between you and Akiyama Music, govern your use of AkiyamaMusic.com (“Website”) and the Akiyama Music email newsletter (“Website”, “Newsletter”); by using the Website and/or Newsletter, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website or Newsletter.
You may use the Service only if you can form a binding contract with Akiyama Music, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by Akiyama Music.
LICENSE TO USE NEWSLETTER AND WEBSITE
Unless otherwise stated, Akiyama Music owns the intellectual property rights in the Newsletter and Website and material in the Newsletter and Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the Newsletter and Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- sell, rent or sub-license material from the Newsletter or Website;
- reproduce, duplicate, copy, or otherwise exploit material on this Newsletter or Website for a commercial purpose;
- republish material from the Website or Newsletter (including republication on another website or app) except for as provided in Permitted Sharing below;
- show any material from the Newsletter or Website in public except for as provided in Permitted Sharing below;
- edit or otherwise modify any material in the Newsletter or Website; or redistribute material from the Newsletter or Website without permission from Akiyama Music except as provided in Permitted Sharing below;
- You may take a screenshot of partial content from the Website or Newsletter for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to Akiyama Music.
- You may reproduce a reasonable excerpt from the Website or Newsletter for a blog post or other publication provided such publication includes attribution and link to Akiyama Music. Such excerpt shall not to exceed 40% of content in the originating Akiyama Music post or Newsletter article.
Akiyama Music reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.
You must not use the Newsletter or Website in any way that causes, or may cause, damage to the Newsletter or Website or impairment of the availability or accessibility of the Newsletter or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Newsletter.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use the Newsletter or Website for any purposes related to marketing without Akiyama Music’s express written consent.
Access to certain areas of the Website is restricted. Akiyama Music reserves the right to restrict access to other areas of this website, or indeed this entire website, at Akiyama Music’s discretion.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.
You grant to Akiyama Music a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Akiyama Music the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Akiyama Music or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Akiyama Music reserves the right to edit or remove any material submitted to this website, or stored on Akiyama Music’s servers, or hosted or published upon this website.
Notwithstanding Akiyama Music’s rights under these terms and conditions in relation to user content, Akiyama Music does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NOTHING IN THE NEWSLETTER AND/OR ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL OR LEGAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT AKIYAMA MUSIC SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL OR LEGAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE AND/OR NEWSLETTER. Akiyama Music IS NOT YOUR FINANCIAL OR LEGAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL AND LEGAL DECISIONS, YOU ARE ON YOUR OWN.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, AKIYAMA MUSIC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
AKIYAMA MUSIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AKIYAMA MUSIC SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AKIYAMA MUSIC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AKIYAMA MUSIC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR NEWSLETTER. UNDER NO CIRCUMSTANCES WILL AKIYAMA MUSIC BE RESPONSIBLE FOR ANY FINANCIAL OR LEGAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE WEBSITE OR NEWSLETTER. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL AKIYAMA MUSIC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AKIYAMA MUSIC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITE AND/OR NEWSLETTER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL AKIYAMA MUSIC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO AKIYAMA MUSIC HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AKIYAMA MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Website and Newsletter is controlled and operated from its facilities in California and the United States. Akiyama Music makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using the Newsletter and Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You agree that you will not bring any claim personally against Akiyama Music’s members, managers, officers, or employees in respect of any losses you suffer in connection with the Newsletter or Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Akiyama Music’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Akiyama Music.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Akiyama Music and undertake to keep Akiyama Music indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Akiyama Music to a third party in settlement of a claim or dispute on the advice of Akiyama Music’s legal advisers) incurred or suffered by Akiyama Music arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to Akiyama Music’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Akiyama Music may take such action as Akiyama Music deems appropriate to deal with the breach, including suspending your access to the Newsletter and/or Website, prohibiting you from accessing the Newsletter and/or Website, blocking computers using your IP address from accessing the Newsletter and/or Website, contacting your internet service provider to request that they block your access to the Newsletter and/or Website and bringing court proceedings against you.
PAYMENT INFORMATION; TAXES
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Newsletter must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Newsletter at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. There are no refunds.
Akiyama Music may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Newsletter and Website from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.
Akiyama Music may transfer, sub-contract or otherwise deal with Akiyama Music’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms and conditions constitute the entire agreement between you and Akiyama Music in relation to your use of the Newsletter and Website, and supersede all previous agreements in respect of your use of the Newsletter and Website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.
CALIFORNIA CONSUMER RIGHTS NOTICE
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about Akiyama Music, our products, or our Site, please contact us via e-mail at firstname.lastname@example.org. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Akiyama Music address is P.O. Box 262411, San Diego, CA 92129. You can contact Akiyama Music by email to email@example.com.
Updated March 21, 2018