Last updated: May 22, 2016
The following terms and conditions ("Terms") govern all use of the ankimono.com website and all content, services, and products available at or through the website (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Lessizmo's Privacy Policy) and procedures that may be published from time to time by Lessizmo (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Lessizmo LLC. (Japan) ("Lessizmo", “we”, "us", or "our").
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Lessizmo, acceptance is expressly limited to these terms.
Use of our Services requires an ankimono.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure, whether your password is with our Service or a third-party service.
If you create any deck or card, post material to ankimono.com, post links on ankimono.com, or otherwise make (or allow any third party to make) material available (any such material, “User Content”), you are entirely responsible for the content of, and any harm resulting from, that User Content. That is the case regardless of what form the User Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making User Content available, you represent and warrant that your content does not violate these terms. By submitting User Content to Lessizmo and making it public, you grant Lessizmo a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the User Content for any purpose: commercial, or other, on the site or in the promotion thereof; you furthermore grant Lessizmo the right, in whole or in part, to prepare derivative works from your User Content, or to incorporate it into other works, and to grant and authorize sublicenses.
If you delete User Content, Lessizmo will use reasonable efforts to remove it from ankimono.com, but you acknowledge that caching or references to the User Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Lessizmo has the right (though not the obligation) to, in Lessizmo’s sole discretion, (i) refuse or remove any content that, in Lessizmo’s reasonable opinion, violates any Lessizmo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of ankimono.com to any individual or entity for any reason. Lessizmo will have no obligation to provide a refund of any amounts previously paid.
You represent, warrant and agree that no User Content submitted through your account or otherwise posted, transmitted, or shared by you on the site or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
By creating User Content on the site, you agree, warrant and represent that you own or possess the necessary permissions of use, licenses, rights and consents; and that you authorize Lessizmo to use all patent, trademark, trade secret, copyright or other proprietary rights. Crucially, whatever User Content you post on the Service must be yours, or you must have appropriate permission(s) to post it. Your local jurisdiction may allow you to use protected content under fair use provisions, provided you do not share it with others. Lessizmo actively monitors content uploaded to the site and reserves the right to remove without warning any content that it deems to be inappropriate, in violation of copyright, offensive or for any other reason unsuitable or illegal.
By using the site, you further understand that Lessizmo may be obliged, under legal pressure from governmental institutions in the countries in which we operate, to access, preserve and disclose information relating to your account.
By creating any material on our website, you further assert that it does not contain content designed to subvert the correct functioning of software or hardware, such as viruses and code exploits.
If you share your material publicly, you must also ensure that it does not contain content that may offend others, such as pornography, hate speech or libel.
Lessizmo has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Lessizmo does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Lessizmo disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
All content available through the Service, including, but not limited to, text, graphics, pictures, designs, cartoons, video, music, sound and other files, as well as their selection and arrangement in both space and time, as well as any applications and software, (the “Site Content”), is the proprietary property of Lessizmo, its users or its licensors with all rights reserved. With the notable exception of your own User Content (defined above) legally uploaded to the site, Lessizmo’s prior written permission is required for any and all of the following, which are otherwise expressly forbidden: the modification, copying, distribution, downloading, reproduction, republishing, display, framing, posting, transmission, or sale in any form or by any means, in whole or in part, of all and any Site Content.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ankimono.com links, and that link to ankimono.com. Lessizmo does not have any control over those non-ankimono.com websites, and is not responsible for their contents or their use. By linking to a non-ankimono.com website, Lessizmo does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lessizmo disclaims any responsibility for any harm resulting from your use of non-ankimono.com websites and webpages.
As Lessizmo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ankimono.com violates your copyright, you are encouraged to notify Lessizmo. Lessizmo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Lessizmo will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Lessizmo or others. In the case of such termination, Lessizmo will have no obligation to provide a refund of any amounts previously paid to Lessizmo.
This Agreement does not transfer from Lessizmo to you any Lessizmo or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Lessizmo. Lessizmo, the ankimono.com logo, and all other trademarks, service marks, graphics and logos used in connection with ankimono.com or our Services, are trademarks or registered trademarks of Lessizmo or Lessizmo’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Lessizmo or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We reserve the right to modify, elaborate, remove or add to some or all of the conditions preserved here within these Terms, at our sole discretion and without further notice. All such changes will be posted directly to this page; with the date of the most recent modification to these Terms at the top of the page. Your continued use of the Service after any such changes constitutes your acceptance of these new Terms and it is your sole responsibility to keep up to date with any such changes.
Lessizmo may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your ankimono.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is.” Lessizmo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lessizmo nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In agreeing to these Terms, you agree that you will, neither wholly nor in part, copy, modify, rent, lease, loan, sell, re-sell, distribute or create derivative works based on the Service or the software. You agree not to modify the software in any manner or form. You agree not to obtain unauthorized access to the Service, for yourself or on behalf of a third party. You agree not to access the Service by any means other than through the interface that is provided by Lessizmo for use in accessing the Service. You agree to make no attempt to reverse-engineer or otherwise discover the source-code of the software.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this agreement.
In no event will Lessizmo, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lessizmo under this agreement during the twelve (12) month period prior to the cause of action. Lessizmo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of our Services will be in strict accordance with the Lessizmo Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Lessizmo, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Lessizmo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Lessizmo, or by the posting by Lessizmo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Japan, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Japan. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.