Before using the Service, please read these Terms and Conditions carefully. Your access to, and use of, the Service represents your agreement to these Terms and Conditions. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR USE THE SERVICE.
You acknowledge and agree that the Service is not secure, that Gyu-Kaku has no responsibility to secure the Service, and that your use of the Service is at your own risk. As such, you should not transmit any credit card information, passwords, or any other sensitive personal information while using the Service. Anti-virus and security protection are your sole responsibility.
Your access to the Service is completely at the discretion of Gyu-Kaku and your access and use of the Service may be prevented, blocked, suspended, or terminated at any time and for any reason by Gyu-Kaku, including but not limited to, Service disruptions, maintenance of the Service, violation of these Terms and Conditions, or violation of applicable laws or regulations.
You take full responsibility for your use of the Service and the Internet. Gyu-Kaku, including its officers, directors, employees, and agents, shall not be responsible for any minor’s use of the Service. Parents or guardians are solely responsible for restricting and monitoring their minors’ access or use of the Internet through the Service. You shall respect all copyright laws and licensing agreements pertaining to software, music, and other resources obtained or accessed via the Service.
Gyu-Kaku reserves the right to modify these Terms and Conditions by posting new versions on this website. Your continued use of the Service following such changes constitutes your acceptance of those changes.
USE OF THE SERVICE IS AT YOUR OWN RISK. INFORMATION YOU SEND OVER THE INTERNET USING THE SERVICE MAY BE ACQUIRED BY THIRD PARTIES. VIRUSES AND OTHER MALICIOUS SOFTWARE MAY BE ON THE WI-FI SYSTEM OR ON SITES THAT YOU VISIT ON THE INTERNET AND MAY INFECT YOUR COMPUTER. GYU-KAKU ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY SUCH INFORMATION LOSS OR DAMAGES CAUSED BY MALICIOUS SOFTWARE OR FOR ANY OTHER DAMAGE OR LOSS TO YOU BY REASON OF YOUR HAVING USED THE SERVICE.
These Terms and Conditions do not alter in any way the terms or conditions of any other agreement you may have with Gyu-Kaku for products, services, or otherwise.
- USE OF THE SERVICE; PROHIBITED CONDUCT. The Service provides you with wireless access to the Internet. Gyu-Kaku does not, as an ordinary practice, proactively monitor the activities of those who use the Service or exercise any editorial control over any material transmitted, hosted, or posted using the Service, to ensure that users comply with these Terms and Conditions and/or the law, although it reserves the right to do so. You agree that you are authorized to use this Service solely while you are a guest of this location, subject to these Terms and Conditions. You agree that you are fully responsible for your activities while using this Service (including for any content, information, and other materials you access or transmit via the Service), and that you shall bear all risks regarding use of the Service. Unless otherwise noted, there are no fees charged by Gyu-Kaku to use the Service; however, there may be data usage or other like fees owed by you to your mobile carrier. You must provide all equipment (including computer hardware and software, smart phones, computers, wireless network cards, etc.) to connect to the Service.
You agree not to use this Service to engage in any Prohibited Conduct. “Prohibited Conduct” is any conduct that is unlawful, infringing, tortious, or any other online conduct that a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights, or other rights; or conduct that otherwise interferes with the operation of, use of, or enjoyment of, any service, system, or other property. By means of example only, Prohibited Conduct includes, but is not limited to, using the Service to: (i) transmit any material (by uploading, posting, email, or otherwise) that is unlawful, threatening, abusive, harassing, tortuous, defamatory, pornographic, obscene, libelous, or invasive of another’s privacy; (ii) harm, or attempt to harm, any person in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service; (v) transmit any material (by uploading, posting, email, or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (vi) transmit any material (by uploading, posting, email, or otherwise) that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party; (vii) transmit (by uploading, posting, email, or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes”, or any other mass form of solicitation; (viii) transmit any material (by uploading, posting, email, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (x) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (xi) “stalk” or otherwise harass another; (xii) resell access to or use of the Service without Gyu-Kaku’s written authorization; or (xiii) use the Service for high volume data transfers.
- Disclaimer of Warranties. THE SERVICE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND IS FOR PERSONAL, NON-COMMERCIAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. GYU-KAKU MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SERVICE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. GYU-KAKU DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, AGENTS, DEALERS, SUPPLIERS, PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THAT THE INFORMATION, PRODUCTS, PROCESSES, AND/OR SERVICES AVAILABLE THROUGH THE SERVICE WILL BE UNINTERRUPTED, ALWAYS AVAILABLE, ACCURATE, COMPLETE, USEFUL, FUNCTIONAL, OR ERROR FREE.
- Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GYU-KAKU, ANY THIRD PARTY PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, LOST REVENUES, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT PRODUCTS AND SERVICES, THE INABILITY TO USE THE SERVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO THE WORLD WIDE WEB, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER GYU-KAKU OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, DAMAGES, LOSSES, OR EXPENSES. IN JURISDICTIONS WHERE THE DISCLAIMER OF DAMAGES IS NOT PERMITTED, GYU-KAKU’S SOLE LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID (IF ANY) TO GYU-KAKU BY YOU FOR USE OF THE SERVICE.
- You agree to indemnify, defend, and hold Gyu-Kaku and its agents, suppliers, licensees, successors, or assigns and its officers, directors, employees, contractors, and agents (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands, and costs (including, without limitation, reasonable attorneys’ fees and costs of settlement) arising out of: (a) content you submit, post, transmit or otherwise make available through the Service; (b) your use of the Service; (c) your breach or alleged breach of these Terms and Conditions; and/or (d) your violation of the rights of any third party. Without limiting anything set out in these Terms and Conditions, you hereby release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms and Conditions and/or any use by you of the Service. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Class Action Waiver. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION.
- Termination. You agree that Gyu-Kaku may, at any time and for whatever reason, without notice, change, terminate, limit, or suspend the Service (in whole or in part) or your access to the Service. Upon any termination, your rights to use the Service will immediately cease. You further agree that in the event of such termination for any reason Gyu-Kaku will have no liability to you.
- GOVERNING LAW. You agree that all matters relating to your access to or use of the Services, including all disputes, are governed by and construed in accordance with the laws of the United States and the State of California, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- SEVERABILITY; WAIVER. If any provision of these Terms and Conditions, or the application thereof to any person, place, or circumstance, will be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms and Conditions, and, provided that the fundamental terms and conditions of these Terms and Conditions remain legal and enforceable, the remainder of these Terms and Conditions and such provisions as applied to other persons, places, and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
- ENTIRE AGREEMENT; CONTACT. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. Gyu-Kaku reserves the right to update or revise these Terms and Conditions at any time without prior notice. Notwithstanding the foregoing sentence, your continued use of the Service following an update to these Terms and Conditions signifies your acceptance of its revised terms. If you have any questions or comments regarding these Terms and Conditions, please contact us at: http://www.gyu-kaku.com/contact/
- BY ACCESSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.