WEBSITE USER AGREEMENT – KERO KERO BONITO FANS LIMITED

Version 1 – 280121

ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE WEBSITE PAGES AT www.kerokerobonito.com (the “Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS USER AGREEMENT ("Agreement"). PERSONAL DATA: You agree to provide only true, accurate and complete information to us via the Site. Any personal information provided by users of the Service (“Users”) will be treated with appropriate care and security in accordance with, and by agreeing to this Agreement you expressly agree to the terms of, our Privacy Policy.

  1.  Contracting parties. The Site and all content, data and other materials contained on the Site (“Content”) are owned or controlled by Kero Kero Bonito Fans Limited, a company incorporated in England with its registered office at Kero Kero Bonito Fans Limited, 41 Great Portland Street, London, W1W 7LE (“we” or “our” or “Company”). When you register with (or otherwise access) the Site, you are contracting with Kero Kero Bonito Fans Limited. The Service is provided on behalf of the artist Kero Kero Bonito (“Artist”). You must be at least 14 years old to use or the register with the Site or the Service.

  2. Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site or any Content; to not do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site or any Content, or other Users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately via Kerokerobonitofans@gmail.com and we will close your account as quickly as possible. Please note that you will be responsible to the Company and to others for all activity that occurs under your registration account.

  3. The Site. The Site is an online service which offers access to content and services related to the Artist, including music, images, forums, games, text, data and other similar content (“Service”).  

  4. Information You Submit. Your submission of information through the Site is governed by our Privacy Policy, which is located here.

  5. Rules of Conduct. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behaviour.  In addition, you will comply with the following “Rules of Conduct” as updated from time to time by us.  You will not:

  • Post, transmit, or otherwise make available, through or in connection with the Site:

    • anything that is or may be

      • threatening, harassing, degrading, hateful or intimidating;

      • defamatory;

      • fraudulent or tortious;

      • obscene, indecent, pornographic or otherwise objectionable;
        or 

      • protected by copyright, trademark, trade secret, right of publicity
        or other proprietary right without the express prior consent of the owner of such right.

    • any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; that promotes gambling; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”

    • any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

    • any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.

    • any material non-public information about a company without the proper authorization to do so.

  • Use the Site for any fraudulent or unlawful purpose.

  • Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site.

  • Impersonate any person or entity, including any of our (or our affiliates’) representatives; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement or posting you make.

  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

  • Restrict or inhibit any other person from using the Site (including by hacking or defacing any portion of the Site).

  • Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.

  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.

  • Except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.

  • Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.

  • Frame or mirror any part of the Site without our express prior written consent.

  • Create a database by systematically downloading and storing all or any Site content.

  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, without our express prior, written consent.

  1. We may terminate your use of the Site for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site). 

6. Registration. You may need to register to use any part(s) of the Site.  We may reject, or require that you change, any user name, password or other information that you provide to us in registering.  Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.

 

7. Submissions

  • Generally   The Site may contain areas where you can post information and materials, including, without limitation, text, images, photographs, graphics, music, videos, audiovisual works, data, files, links and other materials (each, a “Submission”).  For purposes of clarity, you retain ownership of any Submissions that you post, subject to the terms and conditions of this Agreement (including the license grant in Section 6(b) below).

  • License Grant   For each Submission that you post, you hereby grant to us and our commercial partners (including without limitation Warner Music Group, Atlantic Records, Warner Records and Rhino Entertainment) a worldwide, royalty-free, non-exclusive, transferable and sublicensable license, without additional consideration to you or any third party, to:  (i) reproduce, distribute, transmit, communicate to the public, perform and display (publicly or otherwise), edit, modify, adapt, create derivative works from and otherwise use such Submission, in any format or media now known or hereafter developed, on or in connection with the Site or any of our (or our Affiliates’) similar services or products (e.g., any web sites, and any desktop, mobile or other applications, widgets or APIs) (such services or products, collectively, the “Site-Related Services”); (ii) exercise all trademark, publicity and other proprietary rights with regard to such Submission; (iii) use your name, photograph, portrait, picture, voice, likeness and biographical information as provided by you in connection with your Submission for any promotional purposes related to the Site or the Site-Related Services, in each case, in connection with your Submission; and (iv) use your Submission (including the contents thereof) for any promotional purposes related to the Site, the Site-Related Services, and Artists.   IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS AGREEMENT, PLEASE DO NOT POST ANY SUBMISSIONS TO THE SITE.

  • Disclaimers.  It is possible that a User may post information or materials on the Site that are wrong or misleading or that otherwise violate this Agreement. We do not endorse and will not be responsible for any information or materials made available through the Site or your use of such information or materials.  All Submissions will be deemed to be non-confidential and may be used by us (i) without any confidentiality or other non-disclosure obligations and (ii) without attribution to you or any third party.  We reserve the right, in our sole discretion and at any time, to set limits on the number and size of any Submissions that may be posted on the Site or the amount of storage space available for Submissions.

  • User Warranties.  You hereby warrant and represent that: (i) you have the legal right and authority to enter into this Agreement; (ii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under any Submission that you post and to grant the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied any Submission that you post, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant the rights and licenses set forth herein; (iii) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in any Submission that you post, to use such individual’s name and likeness for purposes of using and otherwise exploiting such Submission(s) in the manner contemplated by this Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request); (iv) any Submission that you post, and the use thereof by us (and/or our partners) shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (v) any Submission that you post is not confidential and does not contain any confidential information; and (vi) in creating, preparing and posting any Submission, you (A) have complied and will comply in all respects with all applicable laws, rules (including, without limitation, our Rules of Conduct), and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party).  If you do post a Submission that contains the likeness of an identifiable individual, we strongly encourage you not to include any identifying information (such as the individual’s name or address) within such Submission.


8. Monitoring.  We may, but have no obligation to:  (a) monitor, evaluate or alter Submissions before or after they appear on the Site; (b) seek to verify that all rights, consents, releases and permissions in or relating to such Submission have been obtained by you in accordance with your representations above; (c) refuse, reject or remove any Submission at any time or for any reason (including, without limitation, if we determine, in our sole discretion, that all rights, consents, releases and permissions have not been obtained by you despite your representations above).  You agree to cooperate with us in our verification or inquiries related to the foregoing.  We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose, and in accordance with our Privacy Policy.  

9. Content. All content on the Site (“Content”) is intended only for the purposes specified or implied therein, and your use of the Site and/or all Content is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. The Company, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content.  You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content (or under UK or local law). The Site and the Content are for your personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

 

10. Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to Kerokerobonitofans@gmail.com. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.

11. Termination of this Agreement. We may at any time terminate this legal Agreement, in our sole discretion without prior notice to you, if we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. You may request a withdrawal of any item(s) of your content uploaded to the Site at any time by email to Kerokerobonitofans@gmail.com. We shall use reasonable endeavours to respond such requests, and or takedown the relevant content, within thirty (30) days. For the avoidance of doubt, we reserve the right to take down any item of content at any time for any reason.


12. Liability. You agree that the liability of the Company to you hereunder shall be limited to the amount you have actually paid to us for its products or services hereunder of, if greater, GBP£100. Except as set out herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of the Company.

13. Warranties. To the extent permitted under applicable law in your territory, all Company products and services are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, the Company, as well as any provider, makes no warranty that (a) the Service will meet your requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results obtained from the use of the Service will be effective, accurate or reliable, or (d) the quality of any materials or services obtained by you from the Site, from us, or from any third parties' websites to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects. the use of the Service, the uploading of User Content, or the downloading or other acquisition of any materials or content through the Service or through third parties' or provider’s websites, is done at your own risk and with your agreement that you will be solely responsible for any damage to your computer device or system or loss of data that results from such activities. 


14. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by the Company, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site or the Content. You further undertake to indemnify us for all loss or damage incurred by the Company in relation to any third party claim against us for infringement of intellectual property rights arising in relation to your provision of materials to the Site and/or the Content.


15. Complaints. If you believe that you are the owner of the copyright or other rights in any material appearing on the Site, or if you have any other complaint about the Site or any Content or other posted materials, please contact us via Kerokerobonitofans@gmail.com. If you would like to notify us of content, which you believe does not comply with this Agreement or otherwise is objectionable, please notify us via Kerokerobonitofans@gmail.com (making sure to include both the Uniform Resource Locator for the non-complying content and the reasons you believe it does not comply). 


16. Trade Marks. The brands, products and service names used in the Site and the Content (including without limitation, "Kero Kero Bonito”) are trademarks or trade names of the Company or its trading partners unless otherwise stated. 


17. Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the Content in any manner. If you in any way Interfere with of these, you agree to pay all damages we incur as a result. We will cooperate with the authorities in prosecuting any User who Interferes with the Site, the Content or otherwise attempts to defraud the Company or any other parties through your use of the Site, the Content or any services provided hereunder. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your access, and at our sole discretion to disallow your continued use of the Site and/or the Content. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.


18. No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

19. Entire Agreement. This Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement.


20. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.


21. Severance. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

22. No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this Agreement shall operate as a waiver of any breach of the same or any other provision of this Agreement.


23. Variation. This Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site and/or the Service constitutes agreement with and acceptance of any such amendment or other changes. We constantly experiment and innovate with the Site in order to provide a better experience for Users and you hereby acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you.


24. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Courts of London, England.

25. Contacting Us. If you have any questions, please contact us at the following address: Kero Kero Bonito Fans Limited, 41 Great Portland Street, London, W1W 7LE, UK or email us via  Kerokerobonitofans@gmail.com