Terms of service

 

Terms of Service

1. INTRODUCTION

(1) These terms of use (“Terms”) are prepared by ARTEFACT COLLECTIVE PTE. LTD. (Company No.: 202234195Z) and its group of companies (collectively, "KISSUI", “we”, “us” or “our”). KISSUI specializes in the production of original anime content, the manufacturing of anime merchandise, licensing Japanese anime IPs, and fostering fan engagement. Our website serves as a platform to showcase our nature of business, providing you with information, updates, and opportunities to connect with us.

(2) These Terms govern access to and use of the Platform, any of our websites and services (collectively, the “Site”) by site visitors (the “Site Visitors”) and users who register for an account with us (“Account”) (the “Users”). By accessing or using the Site, you as a Site Visitor or User whether on behalf of yourself or a legal entity you represent, are deemed to have accepted these Terms. Site Visitor and User may be referred to in these Terms as “you” and “your” as applicable.

(3) Please read these Terms and our Privacy Policy carefully before accessing and/or using the Site. Please note that these Terms and our Privacy Policy shall form a legally binding contract between you and us. By accessing and/or using the Site, you agree that you have read, understood and accept these Terms and our Privacy Policy. If you do not accept these Terms and our Privacy Policy, you should immediately cease to access and/or use the Site and cancel your purchase with us (if applicable). Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

2. USE AND ACCESS RIGHTS
(1) We hereby grant you a limited, non-exclusive and non-transferable rights to access the Site solely for your personal or internal, non-commercial use and only as expressly permitted in these Terms.

(2) You agree and undertake that you shall not use or permit use of the Site for any illegal purpose or in any manner inconsistent with the provisions of these Terms.

(‍3) General Restrictions
You shall not (and shall not allow any third party to):

  • publicly disseminate information regarding the performance of the Site (which is deemed to be our confidential information);
  • modify or create a derivative work of the Site or any portion of it;
  • reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or any part of the Site;
  • distribute any portion of the Site without our prior written consent;
  • access the Site for the purpose of building a competitive product or service or copying its features or user interface;
  • use the Site for purposes of product evaluation, benchmarking or other comparative analysis intended for publication without our prior written consent; or
  • use or permit the Site to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms.


3. OWNERSHIP

(1) Our Intellectual Property
All copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the Site (collectively, “Intellectual Property”) are owned by us or, where applicable, third-party proprietors identified on the Site. No right or license is granted directly or indirectly to you to use or reproduce any Intellectual Property and you shall not claim any right, title or interest therein.

By accessing the Site, you agree to comply with all applicable laws, including but not limited to, copyright, trade secret and trademark laws, as well as other states, national and international laws and regulations which protect our Intellectual Property. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Intellectual Property. You also may not, without our prior written consent, mirror or frame any part of our Intellectual Property on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any of our Intellectual Property, without our prior written consent.

4. REPRESENTATIONS AND WARRANTIES

‍You represent and warrant to and for our benefit that:

  • if you are an individual, you are sixteen (16) years of age or older and that you have the capacity to contract under applicable laws;
  • if you are registering for an Account on behalf of a legal entity, (i) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation;
  • and (ii) you, and any individuals using the Account on behalf of the legal entity are duly authorised by such legal entity to act on its behalf;
  • you are not prohibited or restricted from accessing and/or using the Site;
  • you have the full capacity, power and authority to execute, deliver, perform and observe these Terms;
  • you will not falsify or materially omit any information or provide misleading or inaccurate information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of your Account;
  • you shall employ reasonable anti-virus, anti-malware and other software and techniques to protect you and your Account from being the victim of a hack or of other malicious actions; and
  • these Terms will when executed constitute legally valid and binding obligations on you which are enforceable in accordance with their respective terms.

Our rights and remedies in respect of any breach of the representations and warranties contained in this clause by you shall not be affected by:

  • any failure to exercise or delay in exercising any right or remedy or by any other event or matter whatsoever, except in the case of a specific and duly authorised written waiver or release; or
  • any information we may have received or been given or have actual implied or constructive notice of prior to the breach;
  • and it shall not be a defence to any claim that we knew or ought to have known that any matters represented or warranted by you were not as represented or warranted.

5. LIABILITY

‍Indemnification
Without prejudice to any other right or remedy which we may have against you, you undertake to indemnify, keep indemnified and hold us (including our advisers, consultants, agents and representatives) harmless from any and all actions, claims, demands, proceedings, investigations, liabilities or judgments and any and all losses, damages, costs, charges and expenses (on a full indemnity basis including all attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) of whatever nature which refer or relate to or arise, directly or indirectly, in connection with or arising out of:

  • your breach of any of these Terms;
  • your wilful, unlawful or negligent act or omission;
  • your breach of any of the representations and warranties given by you under these Terms;
  • your violation of any law, guideline, rule or regulation, or the rights of any third party; or
  • your conduct which had caused damage or loss, directly or indirectly to us.

Limitation of Liability

We shall not have any obligation or liability to you, and hereby disclaim to the fullest extent permissible by law, all liability for indirect, incidental, special, exemplary, consequential damages, pure economic loss or other pecuniary loss or any other loss whatsoever arising out of these Terms and our Privacy Policy.

6. SECURITY

‍Security and Access Policies
The internet is not a secure medium. We will use commercially reasonable efforts consistent with industry standards to the extent practicable and in accordance with applicable laws to protect the security of the Site and other systems utilised to provide the services, including but not limited to using up-to-date anti-virus, security and firewall technology commonly used in the industry. You agree that you shall not take any actions that negatively affect the confidentiality, integrity and availability of our systems and information assets.

We may hold information in either electronic or hard copy form or retain third parties to hold that information on our behalf.

All our employees and data processors, who have access to, and are associated with the processing of your information, are obliged to respect and keep safe the confidentiality of your information.

Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. While we take commercially practical steps to protect your information, we cannot and do not accept responsibility for any authorised access, unlawful interceptions or loss of information transmitted to or from the Site, and are not responsible for the actions of any third parties that may receive such information.

If you become aware that Harmful Code (as defined herein) has infected the Site, then you shall notify us as soon as reasonably practicable, so that we may take actions as necessary to mitigate any potential adverse effects and undertake any further steps that may be applicable or required by applicable laws. For the purpose of this clause, “Harmful Code” means computer instructions whose primary purpose or effect is to disrupt, damage or interfere with use of any computer or telecommunications facilities, including, without limitation, any automatic restraint, time-bomb, trap-door, virus, worm, Trojan horse or other harmful code or instrumentality that will cause a system to cease to operate or to fail to conform to its specifications. We will take commercially reasonable precautions to avoid, prevent, stop, find and eliminate the spread of any Harmful Code on the Site.

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Security Breach
If you suspect that your Account or any of your security details have been compromised or if you become aware of any other security incident (including a cyber-security attack) affecting you and/or us (together, a “Security Breach”), you must:

  • notify us as soon as possible;
  • continue to provide accurate and up-to-date information throughout the duration of the Security Breach; and
  • you must take any steps that we reasonably require to reduce, manage or report any Security Breach.

Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

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Safety and Security of Your Computer and Devices
We are not liable for any damage or interruption caused by any computer viruses or other malicious code that may affect your computer or other electronic device, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.

7. SUSPENSION, RESTRICTION AND TERMINATION

‍Suspension, Restriction and Termination
We may, at our sole discretion, deactivate or cancel your Account with immediate effect for any reason, including but not limited to where:

  • we reasonably believe that we need to do so in order to protect our reputation;
  • we reasonably suspect you have breached our Privacy Policy;
  • we reasonably suspect you of acting in breach of these Terms; or
  • we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction.

We may suspend, restrict, or terminate your use of or access to the Site and/or deactivate or cancel your Account, without any reason whatsoever. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of such risk management and security protocols to you.

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Effect of Suspension, Restriction or Termination

If your Account is suspended, restricted or terminated any reason:

  • any and all of your liabilities to us that have accrued before the effective date of the termination shall survive even after the termination;
  • all licenses and use rights granted to you with respect to the Site and Intellectual Property shall immediately terminate on the date of termination of these Terms; and
  • our obligations to you under these Terms shall immediately terminate on the date of termination of these Terms.

8. OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and KISSUI as a result of these terms or your use of this site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of KISSUI, and we shall not be liable for any representation, act, or omission on your part.

 

‍9. GOVERNING LAW AND DISPUTE RESOLUTION

These terms are governed by the laws of Singapore. In the event of a dispute between KISSUI and you arising from these terms, we both agree that the courts of Singapore have exclusive jurisdiction.

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How to Contact Us
If you have any question/enquiry in respect of these Terms, you may contact us at:

Email address: info@kissui.xyz

For the attention of: [ATTN] KISSUI Terms of Use