THE AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT DISALLOWS CLASS ACTIONS, A CLASS ACTION WAIVER PROVISION, AND A JURY WAIVER PROVISION.
Do not use this Application if you do not accept this Agreement. If you use or access the Application, you affirmatively accept terms and conditions of the Agreement.
Kanda Software reserves the right to change the Agreement from time to time. You are responsible for regularly reviewing the Agreement. Your continued use of this Application after any modification of the Agreement constitutes your affirmative acceptance of the modified Agreement.
When you use the Application or send e-mail to us, you are communicating with us electronically. Your use of the Application or communication with us via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website at https://www.kandasoft.com/home/kanda-apps.html. 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.
Use of Applications
You agree to use the Application only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all applicable export controls and regulations with regard to the Application. By using the Application, you represent and warrant that you are not prohibited from receiving exports or services under US or other applicable laws. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Application. In order to access certain services in the Application, you may be required to provide information about yourself. You agree that any such information you provide to Kanda Software will always be accurate, correct and up to date.
You understand and agree that Kanda Software is not responsible for any use of any offers or information presented by the Application. You agree that Kanda Software is not responsible or liable for any content accessed, or harmed caused, from the Application or third-party websites. You agree that you are solely responsible for your use of the Application and any breach of your obligations under the Agreement.
You acknowledge that the Application may communicate with Kanda Software servers from time to time to check for updates to the Application, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). By installing the Application, you agree to such automatically requested and received Updates.
You agree that Kanda Software may stop (permanently or temporarily) providing the Application (or any features within the Application) to you or to users generally at Kanda’s sole discretion, without prior notice to you. You agree that if Kanda Software disables access to the Application, you may be prevented from accessing the Application or certain features within the Application.
Intellectual Property Rights
The Application, and all content included on or within the Application, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content (collectively, “Content”), is the property of Kanda Software, its Retailers or its content suppliers and is protected by United States copyright and other intellectual property laws and by international treaties. You acknowledge these rights and will not take any action to jeopardize, limit, or interfere with Kanda’s, or its content suppliers’ rights to the Content. Reproduction or redistribution of Content except as expressly permitted by the Agreement is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
Kanda Software grants you a personal and limited revocable, non-exclusive, non-transferable license to access and make personal use of this Application. You may not download, reverse engineer, decompile, disassemble, or modify it, or any portion of it, except with express written consent of Kanda Software. This license does not include the right to resell or make any commercial use of this Application or any Content; collect or use any product listings, offers, descriptions, or prices; make any derivative work from this website or Content; download or copy account information for the benefit of another merchant; or use any data mining, robots, or similar data gathering and extraction tools. Neither this Application nor any portion of this Application may be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of Kanda Software. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application without the prior written consent of OneLouder. You may not use any Meta tags or any other “hidden text” utilizing the Kanda Software name or trademarks without the prior written consent of Kanda Software. Your unauthorized use of this Application will immediately terminate the limited license granted by Kanda Software.
Digital Millennium Copyright Act
Kanda Software respects the intellectual property rights of others and is committed to complying with U.S. copyright laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet or other telecommunications networks.
As a provider of transitory digital communications, Kanda Software’s activities are protected by the safe harbor provision of the DMCA (see 17 U.S.C. 512 (a)). Kanda Software is therefore not obligated to respond to a copyright owner (or the owner’s agent) nor does Kanda Software have a duty to remove or disable access to material transmitted, routed or connected to the Kanda’s network(s) that is initiated and/or directed by an individual user.
If you believe that Kanda Software has infringed your copyrighted work in a way that does not fall within the applicable DMCA safe harbor provision, please provide notice to our Copyright Agent. The notice must include the following information as required by the DMCA (see 17 U.S.C. 512(c)(3)). In addition, the notice should include the basis for your belief that Kanda Software is not merely providing transitory digital communications under 17 U.S.C. 512(a) of the DMCA:
- 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;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as 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;
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
NOTE: The Copyright Agent should only be contacted with respect to copyright-infringement matters. The Copyright Agent will not respond to general inquiries.