Last updated: July 30th 2014
- Content Creators
Nakamics.com is a platform for enabling content creators to be able to fund their work. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Content Creators, Patrons, and other visitors to and users of the Service (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Submissions" means any Content Submitted by Users.
- Nakamics.com Only Provides a Venue
The Service is a communications platform for enabling connections between Users. Nakamics.com does not take part in the interaction between Users. Nakamics.com does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Content provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Nakamics.com does not have control over the quality, timing or legality of Content delivered by its Users. Nakamics.com makes no representations about the suitability, reliability, timeliness, or accuracy of the Content requested and provided by Users identified through the Service whether in public, private, or offline interactions. Nakamics.com cannot confirm that each User is who they claim to be. Nakamics.com does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER NAKAMICS.COM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. NAKAMICS.COM AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Users of the Service sponsor other Users. Nakamics.com will not be a party to any contracts for services. Nakamics.com facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the end of a completed content creation transaction on a monthly cycle. Any and All contributions to artists are NOT tax deductible
- Advertising sharing: artist will receive 50% of advertisement revenue generated by their art
- Crowd Sourcing contributions:
All contributions go to the artist minus Nakamics 5% fee and Credit Card fees of 2.9% + $.30,
One Time Donations will be processed immediately.
Subscription donations will be processed on the first of each month
Subscriptions will be processed in 1 transaction regardless of how many donations you make.
- Billing and Payment Policy
For all purchases and payments for reimbursement costs, fees or expenses associated with a pledge, unless you use your account credits, Nakamics.com will charge your credit card according to the amount agreed upon between you and Nakamics.com for the use of the Service, and you hereby authorize us to charge your credit card for such amounts. Nakamics.com retains the right, in its sole discretion, to place a hold on any payment for Content.
Nakamics.com has no obligation to provide refunds or credits to payments already made to Content Creators, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Nakamics.com, in each case in Nakamics.com’s sole discretion.
You will be liable for all transaction taxes on the services provided under this Agreement
Personal Information. Nakamics.com collects personal information only if you voluntarily choose to share such information with Nakamics.com. You may browse the Site without disclosing any personal information. However, in order for you to take advantage of particular opportunities provided through the Service, we may require that you furnish personal information. When you register your account, sign up for newsletters, complete forms for optional programs, surveys, contests and other entries, and through communications transmitted through Nakamics.com, applications and your use of the Nakamics.com mobile application, we collect information including your name, address, phone number and email address. You also may choose to send Nakamics.com personally identifying information in email message containing information or inquiries about the Service.
- By using the Service, you agree to let Nakamics.com process and use the data obtained through usage of the Service. This processing and usage may include, but is not limited, to: providing our products and the Service, for billing, identification and authentication, and fraud prevention, to analyze Site usage and improve our products and the Service, to contact you and deliver administrative notices and communications relevant to your use our products and services, to enforce our Terms of Service, and to market the Service.
The Service is only a venue for connecting Users. Because Nakamics.com is not involved in the actual contact between Users or in the completion of the Content Creation, in the event that you have a dispute with one or more Users, you release Nakamics.com (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Nakamics.com expressly disclaims any liability that may arise between Users of its Service.
- Public Areas
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Service for any purpose, including, but not limited to posting or creating content, in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Imply or state that any statements you make are endorsed by Nakamics.com, without the prior written consent of Nakamics.com.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
- Hack or interfere with the Service, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Nakamics.com.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- All submissions made to Public Areas will be public, and Nakamics.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
- Account, Password, and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Nakamics.com for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Nakamics.com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Nakamics.com immediately?
- Links to Other Web Sites
Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by Nakamics.com of those sites or their content. Such links are provided as an information service, for reference and convenience only. Nakamics.com does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Nakamics.com Service as well as any advertisements displayed in connection therewith) does not mean that Nakamics.com endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
You represent that you are entitled to disclose your Third Party Account login information to Nakamics.com and/or grant Nakamics.com access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Nakamics.com to pay any fees or making Nakamics.com subject to any usage limitations imposed by such third party service providers. By granting Nakamics.com access to any Third Party Accounts, you understand that (i) Nakamics.com may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) Nakamics.com may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
- Your Information
"Your Information" is defined as any information and materials you provide to Nakamics.com or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content." You hereby represent and warrant to Nakamics.com that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Nakamics.com or cause Nakamics.com to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Service hosts User Generated Content relating to reviews of specific Users. Such reviews are opinions and not the opinion of Nakamics.com, have not been verified by Nakamics.com and each User should undertake their own research to be satisfied that a specific Content Creator is someone that User is willing to sponsor. You agree that Nakamics.com is not liable for any User Generated Content.
You hereby grant Nakamics.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
- Termination and Suspension
Nakamics.com may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Nakamics.com may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Nakamics.com posted through the Service from time to time, or if Nakamics.com otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Nakamics.com terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Nakamics.com reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read through the Service is owned by Nakamics.com, excluding User Generated Content that Nakamics.com has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Nakamics.com owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Nakamics.com's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Nakamics.com and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Nakamics.com, including without limitation Nakamics.com and the Nakamics.com logos are service marks owned by Nakamics.com. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Nakamics.com and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Nakamics.com in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Nakamics.com upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Nakamics.com’s trade secrets, confidential and proprietary information and all other information and data of Nakamics.com that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- Disclaimer of Warranties
Use of the service is entirely at your own risk. The service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Nakamics.com makes no warranties or representations about the accuracy or completeness of the content provided through the service or the content of any sites linked to the service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Nakamics.com does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the service or any hyperlinked website or featured in any banner or other advertising and nakamics.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- Without limiting the foregoing, neither nakamics.com nor its affiliates or licensors warrant the following:
- that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any content creation or service, information or materials provided through or in connection with the use of the service.
- Neither nakamics.com nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user.
- Neither nakamics.com nor its affiliates or licensors warrant that the service is free from viruses, worms, Trojan horses, or other harmful components.
- Nakamics.com and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
- User may use to expedite content creator selection, each user is responsible for selecting their content creator and negotiating terms of work and
- Nakamics.com does not warrant any goods or services purchased by a user and do not recommend any particular content creator.
- Nakamics.com does not provide any warranties or guarantees regarding any content creator's professional accreditation, registration or license.
You hereby agree to indemnify, defend, and hold harmless Nakamics.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the service. Controversies (collectively, "liabilities") that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by nakamics.com or its affiliates or licensors and any destruction of your information. Nakamics.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of nakamics.com. You acknowledge and agree that nakamics.com is only willing to provide the service if you agree to certain limitations of our liability to you and third parties.
- Dispute Resolution
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Nakamics.com agree to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Nakamics.com. Nakamics.com’s address for such notices is Nakamics.com, Inc.
- Governing Law
You and Nakamics.com agree that, other than as set forth under the subsection entitled "Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding" in Section 20 above, if any portion of Section 20 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 20 is found to be illegal or unenforceable, neither you nor Nakamics.com will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within San Francisco, California, and you and Nakamics.com agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
- General Provisions
Failure by Nakamics.com to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. Will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Nakamics.com with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Nakamics.com, its successors and assigns.
- Changes to this Agreement and the Service
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Notice of Copyright Infringement. Nakamics.com respects the intellectual property
of others, and expects Users to do the same. If you believe that any Content or Submission appearing on the Website has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) Identification of the material that is claimed to be infringing or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works on the Website;
(c) 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 Company to locate the material;
(d) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;
(e) A statement that you have 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; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.