Keisuy Terms of Use
Last Updated:
December 1, 2019
The services
that Keisuy provides to you are subject to the following Terms of Use
("TOU"). Keisuy reserves the right to update the TOU at any time
without notice to you. The most current version of the TOU can be reviewed by
clicking on the "Terms of Use" hypertext link located at the bottom
of our Web pages.
Through its
network of Web properties and mobile applications, Keisuy provides you with
access to a variety of resources, including end user services, download services,
Keisuy proprietary content, business partner proprietary content, and product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
Unless
otherwise specified, the Services are for your personal and non-commercial use.
You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any
information, software, products or services obtained from the Services.
See the Privacy
Statement disclosures relating to the collection and use of your
information.
Any content
or software that is made available to download from the Services
("Software") is the copyrighted work of Keisuy and/or its suppliers.
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"). An end user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless he or she first agrees
to the License Agreement terms. Third party scripts or code, linked to or
referenced by the Services, are licensed to you by the third parties that own
such code, not by Keisuy.
The Software
is made available for download solely for use by end users according to the
License Agreement. Any reproduction or redistribution of the Software not in
accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, KEISUY CORPORATION HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING
ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FOR
YOUR CONVENIENCE, KEISUY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. KEISUY DOES NOT
MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN KEISUY SOFTWARE PRODUCTS.
RESTRICTED
RIGHTS LEGEND. Any Software which is downloaded from the Services for or on
behalf of the United States of America, its agencies and/or instrumentalities
("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Keisuy Corporation, One Keisuy Way, Redmond, WA
98052-6399.
Permission to
use Documents (such as white papers, press releases, datasheets and FAQs) from
the Services is granted, provided that (1) the below copyright notice appears
in all copies and that both the copyright notice and this permission notice
appear, (2) use of such Documents from the Services is for informational and
non-commercial or personal use only and will not be copied or posted on any
network computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as K-12,
universities, private/public colleges, and state community colleges, may download
and reproduce the Documents for distribution in the classroom. Distribution
outside the classroom requires express written permission. Use for any other
purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
Documents
specified above do not include the design or layout of the Keisuy.com website
or any other Keisuy owned, operated, licensed or controlled site. Elements of Keisuy
websites are protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No logo, graphic,
sound or image from any Keisuy website may be copied or retransmitted unless
expressly permitted by Keisuy.
KEISUY AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART
OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. KEISUY AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL KEISUY AND/OR
ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. KEISUY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED
HEREIN AT ANY TIME.
IN NO EVENT
SHALL KEISUY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER
TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
If any of the
Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information as
prompted by the applicable registration form. You also will choose a password
and a user name. You are entirely responsible for
maintaining the confidentiality of your password and account. Furthermore, you
are entirely responsible for any and all activities that occur under your
account. You agree to notify Keisuy immediately of any unauthorized use of your
account or any other breach of security. Keisuy will not be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable for
losses incurred by Keisuy or another party due to someone else using your
account or password. Each account is allocated uniquely per user, you may not
use anyone else's account at any time.
As a
condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable,
overburden, or impair any Keisuy server, or the network(s) connected to any Keisuy
server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any Keisuy server or to any
of the Services, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Services.
The Services
may contain e-mail services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable you to
communicate with others (each a "Communication Service" and
collectively "Communication Services"). You agree to use the
Communication Services only to post, send and receive messages and material
that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you
agree that when using the Communication Services, you will not:
Keisuy has no
obligation to monitor the Communication Services. However, Keisuy reserves the
right to review materials posted to the Communication Services and to remove
any materials in its sole discretion. Keisuy reserves the right to terminate
your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
Keisuy
reserves the right at all times to disclose any information as Keisuy deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Keisuy's sole discretion.
Always use
caution when giving out any personally identifiable information about yourself
or your children in any Communication Services. Keisuy does not control or
endorse the content, messages or information found in any Communication
Services and, therefore, Keisuy specifically disclaims any liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Services. Managers and hosts are
not authorized Keisuy spokespersons, and their views do not necessarily reflect
those of Keisuy.
Materials
uploaded to the Communication Services may be subject to posted limitations on
usage, reproduction and/or dissemination; you are responsible for adhering to
such limitations if you download the materials.
Keisuy does
not claim ownership of the materials you provide to Keisuy (including feedback
and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members of any
public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing
or submitting ("Posting") your Submission you are granting Keisuy,
its affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
(including, without limitation, all Keisuy Services), including, without
limitation, the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your
Submission; to publish your name in connection with your Submission; and the
right to sublicense such rights to any supplier of the Services.
No
compensation will be paid with respect to the use of your Submission, as
provided herein. Keisuy is under no obligation to post or use any Submission
you may provide and Keisuy may remove any Submission at any time in its sole
discretion.
By Posting a
Submission you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to provide, post, upload,
input or submit the Submissions.
In addition
to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and represent that (a) you
are the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of your
use and as otherwise permitted by these Terms of Use and the Services, (b) you
have the rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms of
Use, including, by way of example, and not as a limitation, the distribution,
public display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such Images
available to members of such private community), and/or (b) to the general
public (for each such Images available anywhere on the Services, other than a
private community), permission to use your Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including, by way
of example, and not as a limitation, making prints and gift items which include
such Images), and including, without limitation, a non-exclusive, world-wide,
royalty-free license to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such rights to
any supplier of the Services. The licenses granted in the preceding sentences
for a Images will terminate at the time you completely remove such Images from
the Services, provided that, such termination shall not affect any licenses
granted in connection with such Images prior to the time you completely remove
such Images. No compensation will be paid with respect to the use of your
Images.
Pursuant to
Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A
RESPONSE.
KEISUY OR ANY
OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS
FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES,
PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND
ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE
OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN KEISUY'S
PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO KEISUY.
SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO KEISUY OR ANYONE AT KEISUY.
IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU
STILL SEND THEM, PLEASE UNDERSTAND THAT KEISUY MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.