Chiku Inc. Terms of Use
Last Revised: June 21, 2023
Chiku Inc (“Chiku”, “Company”, “we”, “our” or “us”) welcomes you (the “User(s)” or “you”) to our website at www.chiku.live, in which we offer basic information regarding our Company and our services (together with its subdomains, Content, and Marks, the “Site”).
Each of the Users may use the Site in accordance with the terms and conditions hereunder. Please read the following terms and provisions (“Terms of Use”) carefully before using the Site.
Acceptance of Terms
By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood these Terms of Use, including the terms of our Privacy Policy (the “Site Privacy Policy”) (collectively, the “Terms”) and agree that these Terms constitute a binding and enforceable legal agreement with us and that you shall comply with, and be legally bound by these Terms and with all applicable laws and regulations regarding your use of our Site . IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR IF YOU DO NOT POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE.
Please note that the Site is only intended for individuals aged 18 years or older. If you are under 18 years please do not visit or use the Site.
The Site and Our Services
The Site is intended to provide basic information about Chiku and our services. Please note that these Terms apply only in connection with your use of the Site which in turn, is governed only by these Terms.
Modification of our Site
We reserve the right at our discretion, to change, modify, correct, amend, and/or make any other changes to, our Site (or any part thereof, including but not limited to the Content) at any time and without any notice. In addition, we may discontinue, temporarily or permanently the Site and any part thereof. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Site and/or of any content available or not available therein.
User Representations and Undertakings
Your use of the Site (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
You possess the knowledge and judgment necessary to decide whether and how to use the Site or otherwise rely on any information available therein;
You acknowledge that there is no professional relationship (including any doctor-patient or advisor-advisee relationship) between you and Chiku, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Site;
If you connect to, access or use the Site or otherwise if you make any purchases or orders through the Site on behalf of any third party, family member or dependent, you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and your use of the Site, to provide to us information concerning such person in such regard, and to commit on its behalf to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Site and You will not infringe or violate any of the Terms.
Use
There are certain conducts which are strictly prohibited in our Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth, herein, may result in civil and/or criminal liability. You agree and undertake that you shall not, whether by yourself or anyone on your behalf: (i) copy, distribute, adapt, translate, reverse engineer, decompile, disassemble or modify any part of the Site, or any of the information and resources about the Site or accessible through the Site, information of any nature concerning Chiku’s systems, products, services and technology and any other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and other features (collectively, the “Content”) and any other information related thereto without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content; (iii) make any use of the Site and/or Content on any other website or networked computer environment other than in the Site, for any purpose, or replicate or copy the Content without our prior written consent; (iv) disrupt servers or networks connected to the Site; (v) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site, including not interfere with or violate any other User’s right to privacy or other rights, or harvest or collect Content or any information about visitors or users of the Site without our express written consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or disrupt the operation of our Site, or the servers or networks that host our Site, or disobey any requirements, procedures, policies, or regulations of such servers or networks including by performing or assisting any DDOS attacks or any traffic hijacking; (vii) create a browser or border environment around our Site, Content and any part thereof (no frames or inline linking); (viii) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (x) transmit or otherwise make available in connection with our Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (xi) frame or mirror any part of this Site without Company’s prior express written authorization; (xii) create a database by systematically downloading and storing all or any of the Content from our Site; (xiii) use our Site for any illegal, immoral or unauthorized purpose; (xiv) use our Site, the and/or the Content for non-personal or commercial purposes without our express prior written consent or pursuant to an express written agreement.
Intellectual Property Rights
The Site and the Content included therein and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, and trade secrets, logos, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to Chiku and are protected by applicable intellectual property laws and international conventions and treaties. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Company’s proprietary rights, including Company’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Chiku or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included on the Site, and you represent and warrant that you will abide by all applicable laws in this respect.
It is our desire and pleasure to hear from our Users and we welcome your comments regarding our offerings, products and services, including our Site. To the extent you provide any feedback, comments ideas, materials, notes, drawings, concepts, suggestions or other information to Chiku regarding the Site, whether within the Site or otherwise (collectively, the “Feedback”), Chiku shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Site, any Company’s current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential. Further, you warrant that your Feedback is not subject to any license terms that would purport to require us to comply with any additional obligations with respect to any of our current or future products, technologies or services that incorporate any Feedback.
Third Party Sources and Content
The Site may enable you to view, access, link to, and use content from third parties (respectively “Third Party Sources” and “Third Party Content”) that are not owned or controlled by us. A Third Party Source may be a third party website or service provider. We are not affiliated with and have no control over any Third Party Sources. We do not assume any responsibility for the content, terms of use, privacy policies, actions or practices of, any Third Party Sources. Please read the terms of use and privacy policy of any Third Party Source that you interact with before you engage in any such activity. We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third Party Content or that is communicated to you from a Third Party Source. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us, and release us from any and all liability, arising from your use of and interaction with any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, your immediate course of action should be to contact the Third Party Source directly. However, we would be happy to learn about it from you, and therefore you are invited to contact us in such respect at [help@chiku.live].
Availability
Our Site’s availability and functionality depends on various factors, such as communication networks. Chiku does not warrant or guarantee that our Site will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
Disclosure
We reserve the right to access, read, preserve and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce the Terms, including to investigate potential violations of them; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Chiku, its users or the public.
Privacy
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our Site Privacy Policy.
Warranty Disclaimers
Chiku DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE CONTENT AVAILABLE ON OUR SITE. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE YOU MAKE OF THE SITE. THE SITE (INCLUDING ANY CONTENT, TECHNICAL SUPPORT SITE, INFORMATION OR SERVICE AVAILABLE THEREIN) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Chiku HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, EFFECTIVENESS MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Chiku DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING OR OTHER REASONS. YOU AGREE THAT Chiku WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Chiku INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SITE, THE CONTENT OR ANY OTHER INFORMATION DERIVED FROM USE OF THE SITE, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF Chiku HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHIKU FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO Chiku FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM OR U.S. $1.00, WHICHEVER IS GREATER.
13. You agree to defend, indemnify and hold harmless Chiku and its affiliates, respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising directly or indirectly from your use of, or inability to use, the Site, or your violation of these Terms; (ii) any damage of any sort, whether direct, indirect, special or consequential (including your violation of any third party rights) resulting from your negligence or willful misconduct; (iii) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, or any other information resulting from the use of the Site; and (iv) your violation of any applicable law or rights of a third party or regulation.
Term and Termination
Chiku, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause and without notice (including, without any limitation, for a breach of these Terms). Chiku shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 14 and Sections 8 (Intellectual Property Rights), 10 (Privacy), 11 (Warranty Disclaimers), 12 (Limitation of Liability), and 13 (Indemnity), and 16 (General) shall survive termination of these Terms.
Changes to these Terms
We may change the Terms from time to time, at our sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site and/or if you have provided us with your email address, we may choose to send you an e-mail regarding such substantial changes to such e-mail address that you have provided. Such substantial changes will take effect seven (7) days after such notice was provided on our website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of our Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
General
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between you and Chiku.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. but may be assigned by Chiku without restriction or notification to you.
Chiku reserves the right to discontinue or modify any aspect of the Site at any time.
These Terms and the relationship between you and Chiku shall be governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara and waive any jurisdictional, venue or inconvenient forum objections to such courts, provided that Chiku may seek injunctive relief in any court of competent jurisdiction.
These Terms shall constitute the entire agreement between you and Chiku concerning the Site and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Chiku and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Chiku in entering into these Terms.