nigiyakanakaze.com is part of an online peer community network of affiliated websites where those sharing similar interests may interact with one another in member lead discussions. nigiyakanakaze.com and its affiliated websites are operated by Profound Interests, LLC ("us", "the Company", or "we").
This Terms of Service Agreement ("Agreement") sets forth the terms of your use of the Websites. By using the Websites, you signify that you unconditionally agree to be bound by this Agreement and that you will comply with all state and federal laws and regulations. You further agree to comply with all local laws and rules regarding online conduct and acceptable content. If you do not agree to be bound by this Agreement, you must discontinue your use of the Websites immediately.
You must be at least 13 years of age to use or become a member ("Member") of the Websites. By using the Websites, you certify that you are at least 13 years old. If you are older than 13 but less than 18 years of age, you may only use the Websites under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
You hereby agree to refrain from engaging in any inappropriate conduct when using the Websites. Inappropriate conduct will not be tolerated and may result in the termination of member privileges. Inappropriate conduct is any conduct deemed by the Company to be harmful to the online community, including not limited to the following:1. posting any content deemed by us to be obscene, sexually explicit, vulgar, threatening, harassing, or abusive;
We assume no responsibility to monitor the Websites but may do so at our discretion. Member posted content may be removed from the Websites at any time without prior notice.
The Websites may contain hyperlinks to other websites. If you leave the Websites via a hyperlink, you do so at your own risk. We do not investigate the accuracy of content posted on such hyperlinked websites, nor monitor them in any way. We do not endorse or approve the opinions expressed on any hyperlinked website and we are not responsible for the accuracy of the information provided therein. You should take precautionary steps to ensure that you are protected from harmful viruses, worms, Trojan horses, and other malicious software that may be contained in such hyperlinked websites.
Content Posted By Members
By posting content on the Websites you warrant that you are the creator and owner of the posted content, or that you have obtained prior written consent to post said content from a third party owner. When posting content originating from any third party, you agree to conspicuously post the name of said third party adjacent to said posted content. By posting content on the Websites, you also grant, and warrant that you have the authority to grant the Company an unlimited and perpetual license to display, reproduce, modify, and use any text, image, video, music, or any other content that you post on the Websites.
Procedure for Notifying the Company of Copyright Infringement
Those who believe that their copyrighted work has been infringed or are aware of other infringing material, should contact our Copyright Agent at the address listed below and provide us with the following information:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.
2. Identification of the copyrighted work claimed to have been infringed.
3. Information describing where the allegedly infringing material is located on the Websites.
4. Your address, telephone number, and email address.
5. A written 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.
6. A statement by you that the above information in your notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.
The foregoing information may be emailed to info [at] profoundinterests.com or mailed to our Copyright Agent at the following address:
Copyright Agent - Profound Interests, LLC 401 N. Carroll Ave #122 Southlake, TX 76092
Following receipt of the information listed above, we will remove or disable access to the infringing material and take reasonable steps to notify the member responsible for posting said material. The posting of infringing copyrighted material may result in the termination of member privileges of said responsible member.
THE WEBSITES ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS. THE COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE CONTENT APPEARING ON THE WEBSITES OR ANY HYPERLINKED WEBSITE. THE COMPANY DOES NOT ENDORSE THE OPINIONS EXPRESSED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR THE ONLINE OR OFFLINE CONDUCT OF ANY MEMBER OF THE WEBSITES. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE GOODS OR SERVICES THAT ARE ADVERTISED ON THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY THE DOWNLOADING OF SOFTWARE OR OTHER MATERIALS BY ANY USER OF THE WEBSITES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO ANY COMPUTER OR ONLINE SYSTEM RESULTING FROM USE OF THE WEBSITES.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, NOR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COMPUTER MALFUNCTION RELATED TO OR ARISING OUT OF THE USE OF THE WEBSITES OR ANY HYPERLINKED WEBSITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THAT WHICH HAS BEEN PAID, IF ANY, BY YOU TO THE COMPANY.
You agree to indemnify and hold harmless, the Company, its members, managers, agents, and employees, from and against any and all claims, damages, and expenses, including reasonable attorney's fees, arising from your use of the Websites.
This Agreement constitutes the final agreement between you and the Company, superseding all prior agreements. By using the Websites, you agree to be bound by the Agreement. If any provision of this agreement is found to be void or unenforceable, that provision which is void or unenforceable shall be replaced with a valid provision which comes closest to fulfilling the purposes of this Agreement. The failure of the Company to enforce a provision of the Agreement does not constitute a waiver of any provision of the Agreement. You agree that the laws of the State of Texas, without regard to conflicts of law provisions, will govern this Agreement and any dispute arising between you and the Company. Any action brought against the Company, its members, managers, employees, or agents related to the use of the Websites, must be brought in the state or federal courts of Harris County, Texas and you consent to the exclusive personal jurisdiction of such courts. Furthermore, the Company or you may demand that any dispute between you and the Company be submitted to confidential arbitration in Harris County, Texas and will be conducted under the procedures of the American Arbitration Association. Please contact us at support at info [at] profoundinterests.com if you have any questions concerning this Agreement.