Sekkusify Terms of Use
Sekkusify, Inc. (hereafter referred to as "Sekkusify", "we", or "us") provides our website accessible at Sekkusify.com ("Site") through which you can purchase and enjoy viewing English-subtitled audio-based content (the "Services"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and all policies referenced in this document or elsewhere on the Site that are incorporated herein by reference govern your access to and use of the Site and Services. These Terms of Use are a legal agreement between you and Sekkusify and apply to you whether you are a Sekkusify Member (defined below) or a visitor just browsing the Site (collectively, "Sekkusify Users"). These Terms of Use limit Sekkusify's liability and obligations to you, grant us certain rights and allow us to change, suspend or terminate your access to and use of the Site and Services.
YOU UNDERSTAND THAT BY USING THE SITE, SERVICES OR YOUR Sekkusify ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES. IF YOU AGREE TO THESE TERMS OF USE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF USE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.
1. Eligibility and Registration.
In order to access certain features of the Site and Services, you will have to create a Sekkusify account and become a "Sekkusify Member". To become a Sekkusify Member you must be at least 18 years of age. When you register with Sekkusify and set up your Sekkusify account, you must provide Sekkusify with accurate and complete information. You agree to promptly update your Sekkusify account information with any new information. You authorize Sekkusify, directly or through third parties, to make any inquiries we consider necessary or appropriate to verify your Sekkusify account information. Our Privacy Policy contains information about our policies and procedures regarding the collection, use, and disclosure of information we receive from Sekkusify Users.
You will not use false identities or impersonate any other person or use a username or password that you are not authorized to use. Sekkusify reserves the right to require you to change your username for any reason and may do so at any time.
You are responsible for safeguarding and maintaining the confidentiality of your username, password, and corresponding Sekkusify account information. You agree to not disclose your password to anyone. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Sekkusify account, whether or not you have authorized such activities or actions. You agree to immediately notify Sekkusify of any unauthorized use of your username, password, or Sekkusify account.
2. Access to Certain Content: Fees and Billing.
Sekkusify Members may be able to access and/or purchase Sekkusify Content (as defined below) through the Site or Services by purchasing content directly or by paying a one-time membership fee. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO PRORATED REFUNDS OF ANY FEES UPON ANY TERMINATION OR CANCSEKKUSIFY. Fees are refundable in Sekkusify's sole discretion. You agree to immediately pay any amounts accrued, but remaining unpaid, as of the termination of the account. You hereby authorize Sekkusify to collect fees by charging the credit card you provide to us as part of your Sekkusify account information, either directly or indirectly via a third-party online payment service, such as PayPal ("Payment Method").
Your access to Sekkusify Content may start with a free trial. The free trial period of your membership lasts for seven (7) days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Sekkusify reserves the right, in its absolute discretion, to determine your free trial eligibility.
By starting your Sekkusify membership and providing or designating a Payment Method, you authorize us to charge you a monthly Membership Fee at the then-current rate, and any other charges you may incur in connection with your use of the Service to your Payment Method.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect in accordance with the time frame outlined in the email notice to you.
You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the bottom of the Site. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
You may cancel your Sekkusify membership at any time. If you cancel your membership, your account will automatically close and future purchases can not be made.
3. Proprietary Rights and Licenses.
(a) Definitions. Certain content and materials are made available through the Site and Services, including the following:
"Sekkusify Content" means, collectively, the text, data, graphics, images, Sekkusify trademarks and logos and other content (including Licensed Content) made available through the Site and Services.
"Licensed Content" means any content (including any audio or video content) provided to Sekkusify by its third party content partners (which may include Sekkusify Content or "download to own" content) made available through the Site and Services.
(b) Sekkusify Content. Sekkusify and its licensors own all rights, title, and interest, including all worldwide intellectual property rights in the Site, Services, Sekkusify Content and any other content made available through the Site or Services contained therein. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, Sekkusify Content, any other content made available through the Site or Services or related products and services, and except as explicitly described herein, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Services, Sekkusify Content or any other content made available through the Site or Services (other than your User Submissions). All rights in Sekkusify Content are reserved. For the avoidance of doubt with respect to any Sekkusify Content that you purchase or access via the Site or Service, such content is only made available for personal and non-commercial purposes. The delivery of any Sekkusify Content to you neither transfers any commercial or promotional use rights in the content to you nor does it constitute a grant or waiver of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in the content.
(c) Disclaimer. Sekkusify does not guarantee that any content (including without limitation Sekkusify Content) will be made available through the Site or Services, continuously or at all. WHILE SEKKUSIFY IS UNDER NO OBLIGATION TO DO SO, SEKKUSIFY RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY CONTENT FROM THE SITE OR SERVICES WITHOUT NOTICE, AND FOR ANY REASON SEKKUSIFY DEEMS SUFFICIENT.
4. Copyrighted Materials: No Infringing Use.
You will not use the Site or Services to offer, display, distribute, transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. Sekkusify has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the Sekkusify Copyright and IP Policy for further information.
5. Termination or Suspension of the Site or Services & Modification of these Terms of Use.
Sekkusify reserves the right in its sole discretion, at any time, to modify, discontinue or terminate the Site or Services or to modify or terminate these Terms of Use without advance notice. Modifications to these Terms of Use or any policies will be posted on the Site or made in compliance with any notice requirements set forth in these Terms of Use. If any modification is not acceptable to you, your only recourse is to cease using the Site and Services. By continuing to use the Site or Services after Sekkusify has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications.
Without limiting other remedies, Sekkusify may at any time suspend or terminate your Sekkusify account and refuse to provide access to the Site or Services. In addition, Sekkusify may notify authorities or take any actions it deems appropriate, without notice to you, if Sekkusify suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Sekkusify; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Sekkusify Users, Sekkusify, or any other third parties or the Site or Services.
You may terminate your Sekkusify account at any time and for any reason. Upon any termination by a Sekkusify Member, the related account will no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. Sekkusify will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Sekkusify will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination, or cancellation will not affect your obligations to Sekkusify under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
6. Interactions between Sekkusify Users.
You are solely responsible for your interactions (including any disputes) with other Sekkusify Users. You understand that Sekkusify does not in any way screen Sekkusify Users. You are solely responsible for and will exercise caution, discretion, common sense and judgment in, using the Site and Services and disclosing personal information to other Sekkusify Users. You agree to take reasonable precautions in all interactions with other Sekkusify Users, particularly if you decide to meet Sekkusify Users offline, or in person. Your use of the Site, Services, Sekkusify Content and any other content made available through the Site or Services is at your sole risk and discretion and Sekkusify hereby disclaims any and all liability to you or any third party relating thereto. Sekkusify reserves the right to contact Sekkusify Members, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Use. You will cooperate fully with Sekkusify to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized Sekkusify representatives access to any password-protected portions of your Sekkusify account.
7. Obligations for Sekkusify Users.
The Site and Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Services. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site or Services:
Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content;
Use any meta tags or other hidden text or metadata utilizing a Sekkusify trademark or logo, URL or product name;
Forge any TCP/IP packet header or any part of the header information or alter source-identifying information when using the Site or Services or in any way use the Site or Services to send altered, deceptive or false source-identifying information, and we reserve the right to block IP addresses or networks deemed to abuse access to the Site or Services;
Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, Services or the technical delivery systems of Sekkusify's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
Attempt to probe, scan or test the vulnerability of any Sekkusify system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Sekkusify or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks;
Collect or store personal data about other Sekkusify Users without their express permission;
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;
Use the Site or Services in any manner not permitted by these Terms of Use;
or Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.
8. Contests.
Sekkusify may operate contests and similar promotions (collectively, "Promotions") through the Site. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site, as they may contain additional important information about Sekkusify's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotion. To the extent that the terms and conditions of such Official Rules conflict with these Terms of Use, the terms and conditions of such Official Rules will control.
9. Feedback.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at contact@sekkusify.com or through the "Help" section of the Site. You acknowledge and agree that all Comments and all Feedback will be the sole and exclusive property of Sekkusify and you hereby assign and agree to assign all rights, title, and interest you have in such Comments and Feedback to Sekkusify together with all intellectual property rights therein.
10. Indemnification.
You agree to defend, indemnify and hold Sekkusify and its affiliates, subsidiaries and distribution partners and their respective officers, directors, employees, and/or agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Services, or Sekkusify Content; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that any content you posted to the Site or via the Services caused damage to a third party, including without limitation claims that your contributions are infringing. As to (i), (iii) and (iv) in this Section 10, your obligation to indemnify Sekkusify applies to your activities on the Site at any time.
11. Disclaimer.
THE SITE, SERVICES, Sekkusify CONTENT, AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. SEKKUSIFY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, SEKKUSIFY CONTENT, AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, SEKKUSIFY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, SERVICES, SEKKUSIFY CONTENT OR ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL SEKKUSIFY OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, SERVICES, SEKKUSIFY CONTENT AND ANY OTHER CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES INCLUDING, WITHOUT LIMITATION, INJURY OR DAMAGES RESULTING FROM THE CONDUCT OF ANY SEKKUSIFY USER, ONLINE OR OFFLINE, WHETHER OR NOT SEKKUSIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEKKUSIFY'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE TERMS OF USE WILL NOT EXCEED $50. SEKKUSIFY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATING TO THE SITE, SERVICES OR THE SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Force Majeure.
Sekkusify will not be liable to you by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, failure of the internet or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to Sekkusify infrastructure or connectivity to the internet or failure at an Sekkusify co-location facility (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, Sekkusify will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues, and for such further period of time that Sekkusify may reasonably require to recover from the effects of such Force Majeure Event.
14. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of these Terms of Use, each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee, or employer of the other and will not bind nor attempt to bind the other to any contract.
15. Notice; Consent to Electronic Notice.
You consent to the use of (a) electronic means to complete these Terms of Use and to deliver any notices pursuant to these Terms of Use and (b) electronic records to store information related to these Terms of Use or your use of the Site or Services. Any notice or other communication to be given hereunder will be in writing and given (x) by Sekkusify via email (in each case to the address that you provide), (y) a posting on the Site or (z) by you via email to contact@sekkusify.com or to such other addresses as Sekkusify may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
16. Links to other Websites.
The Site or Services may provide links to websites other than Sekkusify.com. Such links are provided for reference only, and Sekkusify neither controls such websites nor endorses any of the material on any such websites or any association with their operators. Sekkusify is not responsible for the activities or such sites and has no liability to you for any harms, injuries or losses you might suffer as a result of using or accessing such websites.
17. Miscellaneous.
In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent permitted by law and the remaining provisions will remain in full force and effect to the maximum extent permitted by law. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms of Use (by operation of law or otherwise) without the prior written consent of Sekkusify and any prohibited assignment will be null and void. Sekkusify may assign these Terms of Use or any rights hereunder without your consent. You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and Sekkusify's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Sekkusify. These Terms of Use together with the rules and policies of Sekkusify incorporated herein by reference constitute the entire agreement between Sekkusify and you with respect to the subject matter of these Terms of Use.
18. No Unsolicited Submissions.
As a general practice, Sekkusify, Inc. does not accept unsolicited material that is not represented by a reputable agent, agency, manager, producer, production company, or studio. Any unsolicited creative ideas, suggestions or materials of any kind, including for new or improved products, names, promotions, advertisements, marketing, processes pitches, outlines, scripts, treatments, artwork, designs, visual materials, etc. will be discarded and will not be read. The purpose of this policy is to avoid any potential misunderstandings if your original work seems similar to Sekkusify content since many works and submissions are based on the same or similar ideas. Please note, if you choose to disregard this policy and submit materials regardless, you acknowledge that you have read the Sekkusify submission policy and understand that by making such a submission, you understand that Sekkusify has no obligation to you or your submission and that you have no claim whatsoever based on such submission.
19. Questions.
If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact Sekkusify at contact@sekkusify.com or by sending a written request to Sekkusify, Inc. at Kajiyama Bld 7F, 1-7-8, Iidabashi, Chiyoda-ku, Tokyo, 102-0072, Japan, Phone: 03-6821-1392.
Last Modified: January 28, 2020
Copyright Infringement Notification.
Sekkusify.com respects all copyright and license owners and adheres to the Digital Millenium Copyright Act.
If you are a content owner and would like us to help distribute your content, contact us.
If you would like your content removed from this website, follow the instructions below.
If you have questions about these Terms of Use or would like to request a copy of these Terms of Use or any other records relating to these Terms of Use or your use of the Site and Services, please contact Sekkusify at contact@sekkusify.com or by sending a written request to Sekkusify, Inc. at Kajiyama Bld 7F, 1-7-8, Iidabashi, Chiyoda-ku, Tokyo, 102-0072, Japan, Phone: 03-6821-1392.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification 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.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.