Terms and Conditions

1. Welcome to Kawaii.com

This page explains our terms of use. When you use Kawaii.com, you’re agreeing to all the rules on this page. By using this website (the “Site”) and services (together with the Site, the “Services”) offered by Kawaii.com, PBC (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “Kawaii.com,” “we,” or “us”), you’re agreeing to these legally binding rules (the “Terms”). You’re also agreeing to our Privacy Policy and agreeing to follow any other rules on the Site, like our Community Guidelines and rules for starting projects.

We may change these terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. New versions of the terms will never apply retroactively — we’ll tell you the exact date they go into effect. If you keep using Kawaii.com after a change, it means you accept the new terms.

Kawaii.com is for your personal, non-commercial use, except as explained in section 4 and section 5 below.

2. About Creating an Account

To sign up for a Kawaii.com account, you need to be 18 or over. You’re responsible for your account and all the activity on it.
You can browse Kawaii.com projects without registering for an account. But to use some of Kawaii.com’s functions, you’ll need to register, choose an account name, and set a password. When you do that, the information you give us has to be accurate and complete. Don’t impersonate anyone else or choose names that are offensive or that violate anyone’s rights. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you should report it to report-it@kawaii.com.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

3. Things You Definitely Shouldn’t Do

This section is a list of things you probably already know you shouldn’t do — lie, break laws, abuse people, steal data, hack other people’s computers, and so on. Please behave yourself. Don’t do this stuff.
Many people use Kawaii.com. We expect all of them to behave responsibly and help keep this a nice place. Don’t do any of these things on the Site:

Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
Don’t lie to people. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t offer prohibited items. Don’t offer any rewards that are illegal, violate any of Kawaii.com’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
Don’t victimize anyone. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listservs, or any kind of auto-responder or spam on or through the Site.
Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Kawaii.com or another party).
Don’t abuse other users’ personal information. When you use Kawaii.com — and especially if you create a successful project — you may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Kawaii.com project: don’t use it for other purposes, and don’t abuse it.
We also need to make sure that the Site is secure and our systems function properly. So don’t do any of these things — most of which boil down to “don’t mess with our system.”
Don’t try to interfere with the proper workings of the Services.
Don’t bypass any measures we’ve put in place to secure the Services.
Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Kawaii.com or another party.
Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
Don’t take apart or reverse engineer any aspect of Kawaii.com in an effort to access things like source code, underlying ideas, or algorithms.
4. How Projects Work

Most of our Terms of Use explain your relationship with Kawaii.com. This section is different — it explains the relationship between creators and backers of Kawaii.com projects, and who’s responsible for what. This is what you’re agreeing to when you create or back a Kawaii.com project.
Kawaii.com provides a funding platform for creative projects. When a creator posts a project on Kawaii.com, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.

Kawaii.com is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:

When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.

Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.

If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:

they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
they’ve been honest, and have made no material misrepresentations in their communication to backers; and
they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.

5. How Funding Works

This section goes over the details of backing and creating projects — things like how money gets collected, whether pledges can be changed or canceled, and how creators can contact backers to provide rewards.
These are the terms that apply when you’re backing a project:

You are charged for every pledge even if the fundraising goal is not reached. Your money will be directly send to the creator with a deduction of a service fee for kawaii.com.

6. Stuff We Don’t Do and Aren’t Responsible For

We don’t oversee projects’ performance, and we don’t mediate disputes between users.
Kawaii.com isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. When you use the Services, you release Kawaii.com from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.

7. Our Fees

Fees are charged on every pledge. We charge 9% on projects, in addition to any fees from our payments partners.
Creating an account on Kawaii.com is free. Our partners’ fees may vary slightly based on your location.

If you are using the Kawaii.com Affiliate program you can be rewarded for bringing traffic to this website. We currently pay 10% on every converted purchase of a visitor that your brought to Kawaii.com. As Affiliate you are using an affiliate link that contains your Affiliate ID. We store your traffic with a cookie life time of 90 days.

We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site. Some funds pledged by backers are collected by payment providers. Each payment provider is its own company, and Kawaii.com isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of Kawaii.com.

8. Other Websites

If you follow a link to another website, what happens there is between you and them — not us.
Kawaii.com may contain links to other websites. (For instance, project pages, user profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

Kawaii.com partners with other companies (such as Stripe and PayPal) for payment processing. When you back or create a project, you’re also agreeing to the payment processor’s terms of service.

9. Your Intellectual Property

We don’t own the stuff you post on Kawaii.com. But when you post it, you’re giving us permission to use or copy it however we need in order to run the site, or show people what’s happening on it. (We generally just use this to promote projects and showcase our community on the website.) You’re responsible for the content you post, and you’re vouching to us that it’s all okay to use.
Kawaii.com doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a project for review, or launch a project, you agree to these terms:

We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Kawaii.com all the license rights outlined here).
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Kawaii.com’s hosting of that Content.
You promise that if we use your Content, we’re not violating anyone’s rights or copyrights. If Kawaii.com or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You’re responsible for the stuff you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
We’re not responsible for mistakes in your content. Kawaii.com will not be liable for any errors or omissions in any content.

10. Kawaii.com’s Intellectual Property

The content on Kawaii.com is protected in various ways. You do have the right to use it for certain personal purposes, but you can’t use it for anything commercial without getting permission first.
Kawaii.com’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Kawaii.com grants you a license to reproduce content from the Services for personal use only. This license covers both Kawaii.com’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Kawaii.com or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

11. How We Deal with Copyright Issues

We comply with the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Kawaii.com complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please contact us with the contact form.

12. Deleting Your Account

You can delete your account at any time. Deleting your account won’t make content you’ve already posted go away.
You can terminate your account at any time. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.) To delete your contact please contact us with the contact form and submit a written statement with your username, email and current password and tell us to delete your account.

13. Our Rights

To operate, we need to be able to maintain control over what happens on our website. So in this section, we reserve the right to make decisions to protect the health and integrity of our system. We don’t take these powers lightly, and we only use them when we absolutely have to.
Kawaii.com reserves these rights:

We can make changes to the Kawaii.com Site and Services without notice or liability.
We have the right to decide who’s eligible to use Kawaii.com. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Kawaii.com in that jurisdiction.
We have the right to cancel any pledge to any project, at any time and for any reason.
We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
Kawaii.com is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

14. Warranty Disclaimer

We work hard to provide you with great services, but we can’t guarantee everything will always work perfectly. This site is presented as-is, without warranties.
You use our Services solely at your own risk. They are provided to you “as is” and “as available” and without warranty of any kind, express or implied.

KAWAII.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KAWAII.COM SHALL CREATE ANY WARRANTY.

15. Indemnification

If you do something on Kawaii.com that winds up getting us sued, you have to help defend us.
If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Kawaii.com. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

16. Limitation of Liability

If something bad happens as a result of your using Kawaii.com, we’re not liable (beyond a small amount).
To the fullest extent permitted by law, in no event will Kawaii.com, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Kawaii.com’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).

17. Dispute Resolution and Governing Law

We’re located in Berlin, and any disputes with us have to be handled in Germany under German law.
We at Kawaii.com encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of Germany.

18. The Rest

These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them, and for using Kawaii.com!
These Terms and the other material referenced in them are the entire agreement between you and Kawaii.com with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Kawaii.com with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Kawaii.com to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.

These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Kawaii.com’s prior written consent. Kawaii.com has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Kawaii.com will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

These updated terms went into effect on November 29, 2017 and apply to all projects launched on Kawaii.com on or after that date.

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