We strive to create consistent standards for all of our users. This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. If any portion of this statement is found to be unenforceable, the remaining portion will remain in full force and effect.
As of May 29, 2018, Knife Wiki Lab is owned and operated by Knife Wiki Lab, Inc. These Terms of Use apply to your access to and use of Knife Wiki Lab.com (the “Site”), the official Knife Wiki Lab mobile and Apple TV applications, and the related Knife Wiki Lab services, such as Knife Wiki Lab Services (collectively with the Site and the rest of the foregoing, the “Services”). For example, these Terms of Use apply to your use of the Services to purchase photographic prints, videos or other related merchandise, products and services ("Products") through Knife Wiki Lab’s approved third party vendors and retailers ("Knife Wiki Lab Vendors").
Knife Wiki Lab, Inc. is owned by Knife Wiki Lab, Inc. In these Terms of Use, the term “Knife Wiki Lab” refers to Knife Wiki Lab, Inc., together with Knife Wiki Lab, Inc. and its subsidiaries and their respective employees, agents, affiliates and contractors. However, these Terms of Use do not apply to Knife Wiki Lab-branded services offered by the Knife Wiki Lab family of companies.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, PURCHASING PRODUCTS OR Knife Wiki Lab SERVICES, OR CLICKING THAT YOU AGREE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
These Terms of Use contain provisions that govern how claims that you and Knife Wiki Lab have against each other are resolved (see Section 15 — Dispute Resolution). These provisions require you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.
Your use of the Services (such as your purchase of Products) is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use any Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.
The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Knife Wiki Lab reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified. Such notice may be provided by sending an email, or by posting a notice on the Site, or by posting the revised Terms of Use on the Site and revising the date at the top of these Terms of Use or by such other form of notice as determined by Knife Wiki Lab. Your use of the Services (such as through your purchase of any Products) or your purchase of new Services following the posting of the revised Terms of Use or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within thirty (30) days of the posting of the revisions on the Site unless you notify Knife Wiki Lab within such thirty (30) days that you do not agree to the changes and stop using the Services. Therefore, you should review these Terms of Use whenever you access the Services and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Services.
You authorize Knife Wiki Lab to collect, use, disclose and otherwise process information about you as set forth in our Privacy Policy. For residents of the UK or European Economic Area, the preceding sentence is not intended to constitute your “consent” to any processing of your own personal data for purposes of the GDPR or local ePrivacy legislation, and Knife Wiki Lab will seek such consent separately from these Terms of Use where applicable law requires Knife Wiki Lab to have your consent.
GENERAL TERMS
HyperLinks
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. Knife Wiki Lab does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
User Content
The Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information, comments, labels, tags, descriptions, categorizations or other content or materials (collectively, the “User Content”).
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. Knife Wiki Lab does not claim any ownership, right, title or interest in and to your User Content.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you request, and grant Knife Wiki Lab a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to do the following: (1) provide the Services, including to display the User Content on the Services; (2) comply with your instructions pursuant to Knife Wiki Lab’s Data Protection Addendum; (3) comply with legal requirements, including disclosing User Content in response to legal process from governmental authorities; (4) disclose User Content without any compulsory legal process when Knife Wiki Lab believes there is a threat to life or limb. In the absence of a legal requirement to do so, Knife Wiki Lab may refrain from notifying you of Knife Wiki Lab’s disclosures to governmental authorities where such notification may jeopardize an important law enforcement investigation. Knife Wiki Lab may engage service providers for assistance with carrying out any obligation or exercising any right under these Terms of Use.
You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
From time to time, Knife Wiki Lab may limit the amount of User Content, including your photographs, stored via the Site. Knife Wiki Lab has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if Knife Wiki Lab were to terminate an account on the Site for any reason, all User Content associated with such account would be removed. While Knife Wiki Lab will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.
Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
unsolicited messages containing promotions, political campaigning, advertising or solicitations;
private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Knife Wiki Lab or its users to any harm or liability of any nature, or which is legally required to be deleted or made private.
Your Account
Certain activities on the Services require you to register and create an account. In order to create an account, you must be 16 years of age or older. By registering for an account, you represent and warrant that you are at least 16 years of age and that all information you provide in the registration form (“Registration Data”) is complete and accurate. Knife Wiki Lab reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion. If Knife Wiki Lab terminates your account due to inactivity, Knife Wiki Lab will use reasonable efforts to notify you of such termination in advance by emailing such notice to the email address you have specified in your account. You agree to keep your registered email addresses and other Registration Data current and complete, as Knife Wiki Lab may send important notices about your account from time to time. By registering for an account, you consent to receive communications from Knife Wiki Lab about the Services by email and/or system messages consistent with the terms of our Privacy Policy.
Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. Knife Wiki Labvides privacy options and settings for your content available in the Privacy & Permissions section of your applicable user account (the “Account Settings”).
We use commercially reasonable security measures to protect your User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” or other unauthorized parties from illegally accessing the Services or their contents. Knife Wiki Lab is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the privacy settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify Knife Wiki Lab of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to Knife Wiki Lab.
Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by other users of the Services, Knife Wiki Lab Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including other users of the Services or Knife Wiki Lab Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Knife Wiki Lab does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the Knife Wiki Lab Vendors or third party service providers. Knife Wiki Lab is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with any of them or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE Knife Wiki Lab MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Knife Wiki Lab DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE Knife Wiki Lab MATERIALS, AND THE PRODUCTS.
Knife Wiki Lab DOES NOT REPRESENT OR WARRANT THAT THE Knife Wiki Lab MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM Knife Wiki Lab OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Knife Wiki Lab IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. Knife Wiki Lab ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
LIMITATION OF LIABILITY
IN NO EVENT WILL Knife Wiki Lab OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE Knife Wiki Lab MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM Knife Wiki Lab, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Knife Wiki Lab’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF Knife Wiki Lab, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE Knife Wiki Lab MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO Knife Wiki Lab FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Termination of Services
Knife Wiki Lab may terminate a Subscription, or any user’s access to and use of the Knife Wiki Lab Services, at any time for any reason at its sole discretion, which such termination will be effective immediately. If you violate the Terms of Use, Knife Wiki Lab at its sole discretion may (i) require you to remedy any violation thereof and/or (ii) take any other actions that Knife Wiki Lab deems appropriate to enforce its rights and pursue available remedies.
All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
You may change your email, credit card information or other Payment Information for your account by using the Account Settings available in your user profile. It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then Knife Wiki Lab may terminate your Knife Wiki Lab Services account for nonpayment. If Knife Wiki Lab does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. Knife Wiki Lab cannot guarantee that you will receive notice of the termination of your account.
COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, Knife Wiki Lab has adopted a policy of terminating, in appropriate circumstances and at Knife Wiki Lab’s sole discretion, the accounts of users who are deemed to be repeat infringers. Knife Wiki Lab may also, at its sole discretion, limit access to Knife Wiki Lab’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Knife Wiki Lab will respond to claims of copyright infringement committed using Knife Wiki Lab that are reported to Knife Wiki Lab’s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to Knife Wiki Lab’s Designated Copyright Agent. Upon receipt of the Notice as described below, Knife Wiki Lab will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”):
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Knife Wiki Lab’s Designated Copyright Agent:
Address of Designated Agent
Email Address of Designated Agent: dmca@knifewikilab.com.com