Thank you for using Kdan AniZone.
By registering for membership with Kdan Mobile Software Ltd. (“Kdan”) and using Kdan AniZone and related services and features (“Services”), you (“Creator”) are agreeing that this Terms of Services will apply and that you are bound by these terms of most current version (“Agreement”).
Creator shall register for Kdan’s membership before uploading their animation, profile or any data (“Content”) or use any features on AniZone. Content includes without limitations any text, software, codes, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials Users may view on, access through the Services.
The Membership and Content upload is free of charge, and is of indefinite duration unless the Membership is otherwise cancelled by Creator or terminated by Kdan or the Content is removed either by Creator or Kdan hereunder. Creator may apply for new accounts via email or through Facebook accounts for the Membership registration. Creator will be charged only for and when subscribing and purchasing any specific paid features on AniZone as otherwise expressly offered by Kdan.
The Services provided by and on Kdan AniZone include data uploading, networking, website and data management, and any services for any commercial or non-commercial purposes. Kdan is committed to continually provide new Services to Creator and end users (“User”) to optimize the online experience with Kdan AniZone.
3. Log In
Creator shall log in to the registered account on Kdan AniZone first before Creator can access and use the Services.
4. File Backup
Kdan AniZone provides only an online platform and space for Creator to upload Content and other Services. Kdan shall in no event be held responsible or liable for any loss, damage, or unauthorized use of any data or files attributable to Creator or User or perpetrated by any third party on or from Kdan AniZone.
Creator shall be solely and fully responsible for the safekeeping of account information and backup of any and all files in all time throughout the Membership and in the event of Membership cancellation or termination or any discontinuation of the Services. In no event shall Kdan be held responsible or liable for any loss or recovery of files or damages therefrom.
Creator shall be solely and fully responsible and liable for the creation, upload, reproduction and distribution of the Content on Kdan AniZone in compliance with any applicable law, regulation or generally accepted practice in the applicable jurisdiction. Kdan shall in no event be responsible or held liable for the foregoing in relation to the Content, any data or actions by Creator, User or any third party.
7. Limitations on Use
Creator shall use the Services only for purposes as permitted by this Agreement in compliance with any applicable law, regulation or generally accepted practice in the applicable jurisdiction.
8. Intellectual Property Rights
Creator shall be the sole and exclusive owner of the Content subject to the acceptance by Kdan hereunder, including without limitations copyright, intellectual property rights and any and all proprietary rights thereto, and shall remain or retain the sole and exclusive ownership of its intellectual properties which are developed, obtained, or licensed prior to this Agreement or independently of this Agreement.
The Content uploaded hereunder shall bear solely Kdan’s trademark, logo or trade name. Notwithstanding the foregoing, Creator shall not use any trademark, trade dress or logo owned by Kdan unless expressly authorized in advance by Kdan in writing.
When Creator uploads or post Content on Kdan AniZone, Creator hereby grants: (i) to Kdan a worldwide, royalty-free, non-exclusive and transferable license with right to sub-license to use, reproduce, prepare derivative works of, public display, disseminate, promote and perform the Content and Creator’s profile at Kdan’s sole discretion in connection with the Services and Kdan’s business, whether currently existing or developed in the future, for the purposes of this Agreement and in accordance with Kdan’s established policies and procedure of trademark usage, marketing, promotion and advertisement, including without limitations for promoting or redistributing, in part or in whole, the Services in any media formats and through any medial channels, and (ii) to each User a worldwide, non-exclusive, royalty-free license to access the Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permissible by the functionality of the Services and this Agreement.
Any and all information to be provided by or gathered from Users on and through Kdan AniZone, Kdan Cloud or Kdan’s any other platforms or networks, shall be solely and exclusively owned by Kdan.
9. Links from Kdan AniZone
The Services may include hyperlinks to other websites that are not owned or controlled by Kdan. Kdan has no control over, and assumes no responsibility for any content, policies or practices of any such websites or third party.
Creator acknowledges and agrees that Kdan is not responsible for the availability of any such external websites or resources, and does not endorse any activities on or from such websites or resources, including without limitations any advertising, products or other materials.
Creator acknowledges and agrees that Kdan is not liable for any loss or damages which may be incurred by the availability or connection with said external websites or resources or as a result of any reliance Creator or User may have on the legality, existence, availability, content or activities of such websites or resources.
Any activities or relationships with said websites or resources shall be governed by and subject to the terms and conditions of each such website visited by Creator, User or any third party.
10. Representations and Warranties by Creator
Creator represents and warrants that: (i) Creator is the sole author of the Content and the Content is Creator’s original work; (ii) the Content does not infringe any copyright, trademark or other rights, proprietary or non-proprietary, of any third Party, (iii) Creator has obtained any authorization, consent, approval or license necessary, if any, for the Content, and (iv) the production and content of the Content conforms to local rules of law of applicable jurisdictions.
Creator represents and warrants that the Content is, at the time of upload to Kdan AniZone, (i) free of viruses or any other code that could possibly harm or otherwise damage Kdan AniZone or Kdan’s any other platform or APP or any hardware or software where the Content is used, or any defects in data and workmanship, (ii) will be compatible to Kdan AniZone, and (iii) will be new and unpublished. Creator also warrants that the description of Creator’s profile provided to Kdan will be complete and will not contain any false or misleading information. If Content are not as warranted, Kdan may at any time remove Content from Kdan AniZone and delete any files or data in connections with Content at Kdan’s sole discretion.
This warranty extends to both Parties only and cannot be assigned by either party. This warranty does not prejudice and shall not be held in lieu of all other warranties including the implied warranties of merchantability or fitness for a particular purpose.
11. Disclaimer of Warranties
Kdan does not guarantee, represent or warrant that the use of the Services will be uninterrupted or error-free, and Creator agrees that from time to time Kdan may remove the Services for indefinite periods of time or cancel the Services in accordance with the terms of this Agreement.
Creator acknowledges and expressly agrees that the Services are provided on an “as is’ and ‘as available’ basis. Kdan and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, Kdan and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the Services will meet your requirements; (ii) the use of the Services will be timely, uninterrupted, secure or error-free; (iii) any information obtained by Creator as a result of the Services will be accurate or reliable, and (iv) any defects or errors in the software provided to Creator as part of the Services will be corrected.
Kdan does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and Kdan disclaims any liability relating thereto.
Any material downloaded or otherwise obtained through the use of the Services is accessed at Creator’s own discretion and risk, and Creator shall be solely and fully responsible for any damage to Creator’s or User’s device, computer or loss of data that results from any use of the Services. Creator also acknowledges that the Services are not intended or suitable for use in situations or environments where the failure or time delays of or errors or inaccuracies in the content, data or information provided by the Services could lead to death, personal injury or severe physical or environmental damage.
Creator agrees to defend, indemnify and hold Kdan, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a any third party, relating to or arising from: (i) any content User submits, posts, transmits or otherwise makes available through the Services; (ii) the use of the Services; (iii) any violation by Creator of this Agreement; (iv) any action taken by Kdan as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or (v) your violation of any rights of any third party. Creator shall not sue Kdan, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn Creator, to suspend or terminate Creator’s access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Kdan’s conclusion that a breach of this Agreement has occurred. Creator acknowledges that Creator is responsible for all use of the Services and that this Agreement applies to any and all usage of Creator’s account.
Creator agrees to comply with this Agreement and to defend, indemnify and hold harmless Kdan from and against any and all claims and demands arising from usage of the Services or account, whether or not such use is expressly authorized by Creator.
The foregoing obligations shall survive the termination or expiration of this Agreement or User’s Membership.
13. Limitation of Liability
To the fullest extent permissible by law, in no event shall Kdan, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers or licensors be liable to Creator for any direct, indirect, incidental, special or consequential damages, including without limitations loss of use, data, business, goodwill or profits or cost of procurement of substitute goods or services, or other tangible or intangible losses, which may result from any matter or conduct by Creator, User or any third party in relation to, in connection with, through the Services or on Kdan AniZone or Kdan Cloud, regardless of legal theory, whether or not Kdan has been warned of the possibility of such damages, and even if a remedy may fail of its essential purpose.
14. Termination of Membership
In the event of any breach of the Agreement, any damages or losses incurred upon Kdan in relation to the Services or any conditions Kdan may consider necessary, Kdan may terminate the Services or Membership at its sole discretion without prejudice.
Upon termination of Membership, User will lose all access to the Service and any portions thereof, including without limitations the account, user ID, email account and content.
15. Membership Cancellation
Creator may cancel the Membership with Kdan at any time. However, in the event that Creator wishes to use the Services after the cancellation, Creator will be required to re-register for the Membership with Kdan before accessing the Services.
Upon cancellation or termination of Membership, any access to Kdan AniZone will be denied for any purposes including without limitations Contenting, modification, editing or access of the files.
Upon cancellation or termination of Membership, the Content maintained by Kdan on Kdan AniZone will be removed and deleted by Kdan without saving any backup copy.
Kdan reserves the rights at any time to make any amendments, adjustments or modifications of this Agreement, Services or pricing or impose new or additional terms or conditions on the user of the Serivces, with immediate and retrospective effect.
17. Governing Law and Dispute Resolution
This Agreement and the relationship between Kdan and Creator shall be governed by and interpreted with the laws of Taiwan, the Republic of China (R.O.C.), excluding its conflicts of law provisions. In the event of dispute in relation to the Services, Creator agrees to submit to the personal and exclusive jurisdiction of the Tainan District Court in Taiwan, the Republic of China (R.O.C.).
18. General Provisions
It is agreed and understood that the relationship between the Parties is that of independent contractors, and this Agreement does not and shall not be construed to place the Parties in, nor shall the Parties hold themselves out to be in the relationship of partners, joint ventures, principal and agent or employer and employee. Neither Party shall have the right to enter into contracts in the name of or on behalf of the other Party or to represent the other Party in any way.
Except as otherwise provided herein, this Agreement shall inure to the benefit of, and shall be binding upon the Parties hereto and their respective heirs, executors, administrators, representative, successors and assigns.
If any provisions of this Agreement should be or become partly or wholly void, the remaining provisions will continue to be effective. The Parties are bound to replace the void provision or the void part of the provisions by a legally valid arrangement, which comes as close as possible to the commercial meaning and purpose of the void provision or the void part of the provision.
No waiver of any provision of this Agreement shall be effective unless executed in writing by authorized representatives from the Parties. No waiver shall be implied from a Party’s conduct or failure to enforce its rights under this Agreement.
Any and all provisions and terms of this Agreement which are by nature or by implication intended to continue in force after such expiration or termination of this Agreement shall survive the expiration or termination of this Agreement and remain in full effect.
Neither Party shall assign, transfer or otherwise dispose of this Agreement or any of its rights, interest or obligations hereunder without the prior written consent of the other Party. Any assignee of this Agreement shall be subject to all of its terms, conditions and provisions. This Agreement will inure to the benefit of and be binding upon the Parties, and their successors, administrators and assigns.
The captions, section numbers appearing in this Agreement are inserted only as a matter of convenience, and in no way define, limit, construe or describe the scope or intent of such sections or articles, nor in any way affect this Agreement or have any substantive