KATSU-YA GROUP, INC.
EFFECTIVE AS OF OCTOBER 1, 2019
The term “us” or “we” or “our” refers to Katsu-ya Group, Inc., and our affiliated entities. The term “you” refers to the user of our Website.
The term “Content” means all materials, descriptions of services, products, personnel, company and business information, pictures, graphics, design, depictions, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of Content contained on the Website (collectively, “Content”).
We own and operate the Website. All Content is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
ACCEPTANCE OF AGREEMENT
By using and accessing our Website, you agree to the terms and conditions described herein (“Agreement”). This Agreement constitutes the entire agreement between us and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Website, the Content and the subject matter of this Agreement, oral or written. This Agreement may be amended at any time by us from time to time without specific or prior notice to you. The latest Agreement will be posted on the Website and you should review this Agreement prior to using the Website.
The Content and other matters located on the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. Some of the content on the Website is the copyrighted work of third parties.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website can be reached by directing an e-mail to firstname.lastname@example.org.
TRADEMARKS / INTELLECTUAL PROPERTY
We own the trademarks, service marks, Website marks and trade names (“Trademarks”) used in the Website (including but not limited to Katsu-ya, Sushi Katsu-ya, Kiwami, The Izaka-ya by Katsu-ya, Little Izaka-ya by Katsu-ya, Washoku of L.A.
Trademarks will include all future trademarks, services marks and tradenames without having to be identified in this Agreement. The Trademarks may not be used without our express prior written permission. Other intellectual property in the Website are the sole property of its owners/licensors.
LIMITED LICENSE; PERMITTED USES
You are granted a limited, non-exclusive, non-transferable, revocable license:
- to access and use the Website strictly in accordance with this Agreement;
- to use the Website solely for personal, non-commercial purposes; and
- to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its Contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”), to any other computer, server, website or other medium for publication or distribution or used for any commercial purpose.
Your license for access and use of the Website and any Contents are subject to the following restrictions and prohibitions on use. You may not:
- make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- violate any applicable laws or regulations;
- impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Website;
- make available any Content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
- post any advertisements or other commercial solicitations;
- install or add viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Website or affect other users;
- interfere with or disrupt the Website or servers, systems or networks connected to the Website in any way;
- use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
- gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of our servers, or to any of the sites offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website to its source, or exploit the Website or any Content in any way where the purpose is to obtain or reveal any information, including but not limited to personal identification or information, other than your own information;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our servers;
- use the Website or any Content to develop, or use as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, or any other commercial distribution mechanism;
- create compilations or derivative works of any Content;
- make any portion of the Website available through any timesharing system, Website bureau, the Internet or any other technology now existing or developed in the future;
- remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture;
- alter, amend or change the Website in any way;
- use any process to harvest information from the Website;
- use the Website for the purpose of gathering information for transmitting:
- unsolicited commercial email;
- email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and
- unsolicited telephone calls or facsimile transmissions.
- upload to, distribute or otherwise publish through the Website any content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions.
By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content.
You may provide links to the Website, provided:
a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website,
b) your Website does not engage in illegal or pornographic activities, and
c) you discontinue providing links to the Website immediately upon our request.
ERRORS, CORRECTIONS AND CHANGES
We may change the features, functionality or Content of the Website at any time. We may also, in our sole discretion, edit or delete any documents, information or other content appearing on the Website at any time.
THIRD PARTY CONTENT
Third party content may appear on the Website or may be accessible via links from the Website (“Linked Sites”). We are not liable in any manner for your ability to use or for the contents of such Linked Sites as such sites are not under our control. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on those Linked Sites nor do we endorse your patronage or use of such sites and of the products and services offered therein.
We may investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You will indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Website.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
WE DO NOT REPRESENT OR PROMISE THAT THE WEBSITE OR ANY CONTENT OR FEATURE THEREOF IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
WE DO NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.
WE DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.
INFORMATION AND PRESS RELEASES.
The Website contains information and press releases about us. We have no obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
When you use the Website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Website and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
CLASS ACTION WAIVER
The parties agree that (i) no legal action arising out of this Agreement or your use of the Website, whether a consumer dispute or a business dispute, shall be certified as a class action or proceed as a class action, as a private attorney-general, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, (ii) only your individual claim shall be litigated and (iii) no legal proceeding shall be consolidated with, or joined in any way with, any other proceeding.
JURY TRIAL WAIVER FOR U.S. USERS
We agree that any legal proceeding between us will not be a proceeding involving a jury. We each unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to this Agreement or your use of the Website.
CHOICE OF LAW AND FORUM
A claim or dispute that might arise between us, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of California without regard to its conflict of law provisions. In no event will the parties bring claims against one another under the laws of another jurisdiction. Said claim or dispute shall be filed and adjudicated only in the federal or state courts located in Los Angeles, CA. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of this Agreement or relating to the Website.
OTHER APPLICABLE TERMS AND CONDITIONS
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.