Tsukei Terms of Service

Tsukei (“Tsukei,” “we,” “us,” “our”) provides its services (described below) to you through its website located at https://tsukei.com (the “Site”) and through its discord server and related services (collectively, such services, including any new features and products, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Service after any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.


Use of the Services

Services description: The service provides blogs, articles, stories, a communications community and merchandise. The service may allow you to both read an access blogs, articles or stories which cover a wide variety of topics. The service may allow you to purchase merchandise that is sold and managed through a third-party. The service may allow you to communicate with others.

By using or accessing Tsukei, you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms.

Account terms: You may sign in to your WordPress account in order to use Tsukei. You are solely responsible for maintaining the security of your account and password. You must notify WordPress of any security breach as soon as possible. Tsukei will not be liable for any loss or damage if you fail to comply with this security obligation. Accounts registered by automated methods are not allowed. You must be a real person to use this service. You are responsible for all activity that happens under your account. You must not violate any laws in your jurisdiction in your usage of the Tsukei service.

Service changes and limitations: Tsukei reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tsukei will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Prices and features are subject to change with or without notice from us. We can provide such a notice by posting changes to the Tsukei Site. Tsukei will not be liable to you or anyone for any modification, price change, suspension or discontinuance of the Service.

User conduct: You are solely responsible for all content that you upload via the Service (comments, suggestions, etc). The following are examples of the kind of content and/or use that is illegal or prohibited by Tsukei and affiliated services. Tsukei reserves the right to investigate and take appropriate legal action against anyone who, in Tsukei’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  1. Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Tsukei, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Tsukei or its users to any harm or liability of any type;
  2. 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; or
  3. Violate any applicable local, state, national or international law, or any regulations having the force of law;
  4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. Solicit personal information from anyone under the age of 18;
  6. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  7. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  8. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  9. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Intellectual Property Rights

You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tsukei, you agree not to modify, copy, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, sell, assign, sublicense, or otherwise transfer any right in the Service. Any rights not expressly granted herein are reserved by Tsukei.


Third Party Content:

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Tsukei and its affiliated services rights that are nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, and that include an irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Tsukei are non-confidential and Tsukei will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Tsukei may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tsukei, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: Tsukei respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tsukei of your infringement claim in accordance with the procedure set forth below.
Tsukei will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Tsukei’s support team at support@tsukei.com (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


Feedback

We appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sub-license the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services.

All rights in this section are granted without the need for additional compensation of any sort to you. Feedback can be emailed to support@tsukei.com.


Compliance with Community Guidelines

As a user of the Service, you agree that you won’t post content that violates, or otherwise use your Account in ways that violate, Discord’s Community Guidelines found here: https://discordapp.com/guidelines. Tsukei is not liable for a Third Party’s infringements of the Discord Community Guidelines.


Warranties and Disclaimers

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TSUKEI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TSUKEI MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, TSUKEI’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You specifically acknowledge that Tsukei shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.


Indemnification

You agree to indemnify and hold Tsukei harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, “you” shall include anyone accessing the Service using your password.


Subscriptions and Donations

Patreon: Regarding subscriptions and donations through Patreon, please read Patreon’s Terms of Use: https://www.patreon.com/legal. For both per month and one time donation support, you may cancel your pledge at any time. In certain situations you may lose access to a creator’s patron-only content, including rewards. These include when you cancel your pledge, your payment method fails, the creator blocks you, or the creator deletes their account.

PayPal: Regarding subscriptions and donations through PayPal, please read PayPal’s Terms of Agreement: https://www.paypal.com/ca/webapps/mpp/ua/useragreement-full?locale.x=en_CA#account-statements. You can do so in any currency that PayPal supports, using the funds in your PayPal balance, or using any payment method linked to your PayPal account. It may take up to 30 days to complete the transaction. In these instances, your payment may appear as a pending order in your PayPal account. In that case, your authorization of the payment will remain valid until Tsukei completes the transaction (but no longer than 30 days). If you used a debit or credit card as the payment method, your debit or credit card issuer also may show a pending authorization for a period of time until they release the hold or receive a completed transaction. If your payment requires a currency conversion by PayPal, the transaction exchange rate will be determined and applied as described in the “How we convert currency” section and may be the rate at the time the payment is processed.

Refunds: You are fully responsible for managing your subscription. You may cancel your subscription at any time, and you will continue to have access to Donator rewards through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us.


Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Tsukei to resolve any legal matter arising from the Terms of Service or related to your use of the Tsukei services. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms of Service and the remaining terms and conditions will continue to be valid in full force and effect.


Miscellaneous

These Terms of Service constitute the entire agreement between you and Tsukei and govern your use of the Service, superseding any prior agreements between you and Tsukei with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made by displaying notices or links to notices generally on the Service.

The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms may not be assigned by you without the Tsukei’s prior written consent, but are freely assignable by the Service. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. Upon the Service’s request, you will furnish Tsukei with any documentation, substantiation or releases necessary to verify your compliance with these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.