The following text is a legal agreement between “Kyotosaka” and “you”, our dear user of our application. Our app is available via App Store or otherwise (our “Service”), whether as a guest or logined user. By accessing or using the Service, you signify your agreement to these Terms Of Services (or “Terms Of Use”). If you do not agree to these Terms Of Services, you may not use or access to the Service.
“Kyotosaka” respects the privacy of its Service users. You can read “Kyotosaka” Privacy Policy here: https://kyotosaka.com/policy.html There we explain how our app collects, uses, discloses information that pertains to your privacy. When you use or access the Service, you signify your agreement to this Privacy Policy.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by “Kyotosaka”, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. “Kyotosaka” does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does “Kyotosaka” adopt nor endorse, nor is “Kyotosaka” responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than “Kyotosaka”. “Kyotosaka” takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will “Kyotosaka” be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.
Though “Kyotosaka” strives to enforce these Terms Of Use, you may be exposed to User Content that is inaccurate or objectionable. “Kyotosaka” reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms Of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. “Kyotosaka” shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at owner@kyotosaka.com
To get the access to all of premium features and content offered for purchase within “Kyotosaka” you'll need to subscribe or pay once for a lifetime access.
Inside “Kyotosaka” an unlimited access option (in-app purchase named "Lifetime access") is proposed with an average cost of $99.99. Several subscriptions are offered as well: for the new users a monthly subscription with a 3-day free trial is proposed. After 3-day trial, if not canceled, the subscription will convert to the full price of $24.99 per month. For some users a special monthly subscription "Special Offer, Monthly" with a reduced price of $14.99 or $9.99 with a 3-day free trial will be proposed. The cost of the purchase is charged to your iTunes account.
Subscriptions are auto-renewable and are billed at the rate and period selected depending on the subscription plan. Users' accounts are charged for auto-renewal within 24-hours prior to the end of the current period.
Subscriptions can be managed and auto-renewal can be turned off in Account Settings in iTunes after the purchase. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.
As part of the Service, “Kyotosaka” may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content). These links are provided as a courtesy to Service subscribers. “Exam App” has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by “Kyotosaka”, and “Kyotosaka” is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by “Kyotosaka”. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA) by sending the following information in writing to “Kyotosakas designated copyright agent at owner@kyotosaka.com:
The date of your notification; A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. License grant
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to “Kyotosaka” a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and “Kyotosaka” names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
THE SERVICE, IS PROVIDED WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, “Kyotosaka” EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, “Kyotosaka” MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL “Kyotosaka”, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH “Kyotosaka” OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT “Kyotosaka” HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
We can amend these Terms Of Use at any time and will update these Terms Of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms Of Use.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of “Kyotosaka” to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with “Kyotosaka” must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms Of Use and your use of the Site and “Kyotosaka” are governed by the laws of Estonia, without regard to conflicts of law principles.
“Kyotosaka” may assign or delegate these Terms of Service and/or “Kyotosakas Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without “Kyotosaka”'s prior written consent, and any unauthorized assignment and delegation by you is void. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE Terms Of Use, UNDERSTAND THE Terms Of Use, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE Terms Of Use TOGETHER WITH THE PRIVACY POLICY AT https://kyotosaka.com/policy.html REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
[Dated: January 29, 2023]