2023.12.04 Terms of Service

TERMS OF SERVICE

Effective Date: December 4, 2023

 

These terms of service (“Terms”) apply to any users (“Users” or “You”) using the live streaming broadcast service (“HAKUNA”) owned and provided by K.K. MOVEFAST COMPANY (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. THESE TERMS APPLY TO ALL USERS WHO USE THE SERVICE AS REGISTERED OR NON-REGISTERED. BY ACCESSING AND USING HAKUNA, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, THE AMENDED TERMS PURSUANT TO THE TERMS, AND THE USER GUIDELINES ESTABLISHED PURSUANT TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF HAKUNA.

The Supplementary Terms, which can be found at the end of the Terms, may apply in addition to the Terms respectively to Users having residence in certain countries.

 

CHAPTER 1. General Provisions

 

1. Purpose

The purpose of these Terms is to set forth the respective rights, obligations and responsibilities of the Company and You with regard to Your use of HAKUNA either by downloading the service application (the “HAKUNA App”) from Google Play Store or Apple App Store (“Application Store(s)”) or by accessing the service website (“HAKUNA Web”) provided by the Company. Please note that these Terms govern the legal relationship between You and the Company, and that Your relationship with the Application Stores are subject to the respective terms and conditions of the Application Stores.

 

2. Changes to these Terms

The Company reserves the right to modify these Terms from time to time, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. Your continued use of HAKUNA after the effective date of a change to these Terms will constitute Your acceptance of the change. However, changes that benefit Users or changes due to legal reasons may become effective immediately.

 

3. Additional Terms

Any matters that are not stipulated in these Terms shall be governed by the relevant laws and regulations, the Company’s Terms of Service of individual services, and the operation policies and rules set forth by the Company.

 

4. Notification and Communication to Users

1. When the Company contacts the Users in relation to HAKUNA, it will do so by posting on an appropriate space on the Company’s HAKUNA Web or HAKUNA App, by using the information supplied by the Users, or by any other method that the Company reasonably believes to be appropriate.
2. If there is any change to the information that a User entered when registering for service membership, the User must modify such information or notify the Company of the same, and the Company shall not be liable for any disadvantages or issues resulting from the User’s failure to do so.

 

CHAPTER 2. Ownership and Relevant Licenses Regarding HAKUNA

 

1. Ownership of HAKUNA Contents

1. Unless otherwise stipulated, “HAKUNA contents” means text, graphic, image, illustration, design, icon, photo, and other related materials provided to Users in HAKUNA. Unless stipulated otherwise by law or contract, all exclusive and proprietary ownership rights in HAKUNA, HAKUNA App, HAKUNA Web, these Terms, Privacy Policy, User Guidelines and any related documentation and information, HAKUNA contents (collectively, the “Company Assets”), and the selection and arrangement of HAKUNA contents belong solely to the Company.
2. The Company Assets and the selection and arrangement of HAKUNA contents are protected by copyright laws and other relevant laws, including international intellectual property laws and treaties. The Company Assets include trade secrets and exclusive information that are confidential and proprietary to the Company, and You agree to take all necessary actions to respect and protect the confidentiality of such trade secrets and exclusive information.
3. Any new releases, modifications, and enhancements to the Company Assets and the selection and arrangement of HAKUNA contents belong solely to the Company and (if applicable) its licensors. There is no implied license, right, or interest granted to You with regard to the provision of the Company Assets, and the Company hereby expressly reserves all rights in the Company Assets, and any contents thereof, which are not expressly granted to You hereunder.

 

2. Scope of License Regarding HAKUNA

1. The Company grants You a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use a copy of the HAKUNA App, in object code format, only on Your personal computer or mobile device (collectively, “Device”) for the sole purpose of personally using HAKUNA. You only obtain a license to use the object code version of the HAKUNA App, and You do not have any right whatsoever in the original source code of the HAKUNA App. You may only use the Company Assets for the sole purpose of personal use of HAKUNA.
2. If You use the Company Assets in a manner that exceeds the scope of the license granted to You under these Terms, the Company may revoke or cancel the license it has granted to You at any time. The Company will notify You without delay of the reason for revocation/cancellation of the license, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of HAKUNA).

 

3. Scope of License Regarding Your Information

If You download the HAKUNA APP to use HAKUNA, You hereby grant the Company a free license to access, collect and use, in accordance with relevant laws and regulations as well as the Company’s Privacy Policy, the address books, contact lists, and unique phone identifiers (IMEI, Unique Device ID, etc.) contained in the Device to which You have downloaded the HAKUNA App in order to use HAKUNA.

 

4. Content License

1. “Content” means video, audio (e.g., music or other sounds), pictures, photos, text (e.g., dialogues, comments and scripts), branding (e.g., brand name, trademark, service mark or logo), interactive features, software, metrics and other types of materials provided by You, HAKUNA and/or third parties through the HAKUNA App or HAKUNA Web.
2. By uploading or otherwise providing Content on HAKUNA, You hereby grant the Company and its affiliates a non-exclusive, unlimited, royalty-free, worldwide, sub-licensable, and transferable license regarding such Content. The Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or otherwise use or create derivative works in connection with Your Content in accordance with the above license. You agree that any Content you provide may be viewed by registered and (depending on the regions) non-registered Users of HAKUNA. If You do not agree with the above, please terminate Your use of HAKUNA immediately.
3. You can delete Content individually or all at once by deleting your account. In addition, so that the Company can prevent the use of your Content outside of HAKUNA, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from HAKUNA by other users or third parties. Our and our affiliates’ license to your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving HAKUNA and researching and developing new services of the Company.

 

5. Restrictions

1. You only obtain a limited license to use the object code version of the HAKUNA App.
2. You shall not use the Company Assets for any commercial purposes.
3. You shall not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Company Assets.
4. You shall not sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in the Company Assets to any third party, and any attempt by You to take such action shall be void.
5. You shall not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Company Assets, in particular HAKUNA and the HAKUNA App, by any means whatsoever.
6. You shall not remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to the Company Assets, or any contents thereof.
7. You shall not destroy, disable or circumvent any copyright protection or other digital rights management mechanism put in place for the protection of the copyrights and other intellectual property rights of the Company Assets.

 

CHAPTER 3. Commencement of Use of Service

 

1. Consent to the Terms

1. HAKUNA includes services provided to non-registered users (“Basic Service”) and services provided only to registered users who complete the signing up process and log in to their accounts (“Member Service”). The specific details of the type of the services and how to use the services will be as provided in these Terms, on the Service or in notices or information on service use separately provided by the Company.
2. By accessing and using HAKUNA, You agree to be bound by the terms set forth herein, the amended terms pursuant to these Terms, and the user guidelines established pursuant to these Terms. If You do not agree with these Terms, please immediately terminate Your use of HAKUNA.

2. Membership Registration Process

1. You can register for service membership in accordance with the procedures set by the Company, and Your membership registration process will be completed once the Company accepts Your registration.
2. In registering for service membership, You must enter only true and accurate information. You will be responsible for any disadvantages and/or legal liability resulting from Your entering of false information.
3. The Company will accept Your registration for service membership pursuant to Paragraph (a) without delay, but may not accept Your registration in any of the following cases. If any of the following cases are found to be true after the Company’s acceptance of Your registration of service membership, the Company may immediately take appropriate restrictive measures, such as suspending Your service account or deleting Your Content and personal information. The Company will notify You without delay of such restrictive measures and the reasons therefor, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to a User, a third party, or the Company (e.g., if it impairs the security of HAKUNA):

1. Your service membership was created using a false or another person’s name;
2. You entered false information or omitted information requested by the Company;
3. You are a child under the age of 17 (If You are a User registered before February 5, 2021, under the age of 13); or
4. Other instances in violation of relevant laws, regulations or standards set by the Company.

 

3. Eligibility

1. HAKUNA may not be used in any jurisdiction where such a type of services is prohibited.
2. HAKUNA is intended solely for users who are seventeen (17) years of age (If You are a User registered before February 5, 2021, thirteen (13) years of age) or older. Any attempt to access or use HAKUNA by anyone under the age of seventeen (17) (If You are a User registered before February 5, 2021, the age of thirteen (13)) is strictly prohibited and shall be considered a material violation of these Terms.
3. You hereby affirm that You fully understand these Terms and are able and competent to comply with these Terms. You may only use HAKUNA if You are deemed capable of understanding and complying with these Terms.

 

CHAPTER 4. Rights and Obligations of the Company and Users

 

1. Obligations

You must use HAKUNA in compliance with these Terms, the amended terms pursuant to these Terms, Community Guidelines, and any of the applicable user guidelines established under these Terms. Please stop using HAKUNA immediately if You do not agree to these Terms or the user guidelines.

 

2. Prohibited Acts

You shall not engage in any illegal or inappropriate activities with respect to the Company Assets, including the following acts, and in the event You commit or attempt to commit such acts, You may be subject to civil and/or criminal charges in accordance with relevant laws and regulations in addition to restrictions on the use of the relevant HAKUNA services, including refusal of payment of the revenue under Article 2, Section 3, Chapter 5 and restriction on the receipt of gifted Items under Article 3, Section 3, Chapter 5, or suspension or termination of the relevant HAKUNA account.

1. You shall not use the Company Assets for any illegal purpose or any purpose not explicitly authorized herein.
2. You shall not engage in any acts that cause impairments to HAKUNA by damaging, disabling or overburdening the Company Assets.
3. You shall not transmit worms, viruses, or any code of a destructive nature using the Company Assets.
4. in using HAKUNA, You shall not commit any of the following acts nor any acts that amount to any of the following acts that the Company may reasonably deem to be inappropriate in light of the purpose, etc. of providing HAKUNA:

1. Violation of laws and regulations, rulings, decisions and orders of the court, and/or administrative measures that are legally binding;
2. Acts that undermine, or are likely to undermine, public order or moral customs;
3. Infringement of intellectual property rights (e.g., copyrights, trademarks, patents, design rights, etc.), moral rights, proprietary rights, rights of reputation, privacy rights, any or other statutory or contractual rights, if applicable, of the Company and/or third parties; 
4. Transmission or posting of excessively violent expressions, explicit sexual expressions, discriminatory expressions concerning race, nationality, belief, gender, social status, etc., expressions that entice or promote suicide, self-harm, drug abuse, and other expressions that contain anti-social content and are offensive to others;
5. Impersonation of the Company and/or third party, or intentionally disseminating false information
6. Account hacking, theft of name, fraudulent use of credit cards or other inappropriate acts relating to purchase or payment;
7. Sending the same or similar photos, voice and/or text messages, etc. to an unspecified number of Users, indiscriminately adding other Users as friends, and other acts that the Company has determined as spam;
8. Acts for the purpose of sales, propaganda, advertising, solicitation, or other profit-making (excluding those permitted by the Company), sexual or obscene acts, soliciting or enticing prostitution, slandering, defaming, harassing or insulting other Users, or using HAKUNA for any purpose other than those prescribed therein;
9. Providing benefits to, sympathizing with or supporting criminal organizations and/or anti-social groups that engage in terrorism, violence, drugs, human trafficking, etc.;
10. Using HAKUNA for purposes of money laundering or other financial crimes;
11. Encouraging other Users to participate in religious activities or join religious organizations;
12. Acts that interfere with the server and network system of HAKUNA, acts of illegally manipulating HAKUNA by using BOT, cheating tools, or other technical means, acts of intentionally using HAKUNA system failures, acts of making unfair inquiries or requests to the Company (e.g., excessively repeating the same inquiry), or other acts that obstruct or hinder the Company’s operation of or other Users’ use of HAKUNA;
13. Generating data by means other than those provided by the Company through unauthorized recording, screen capturing, photographing, etc., in the course of using HAKUNA, or leaking such generated data to a third party or distributing it through a third party;
14.  Allowing others to access HAKUNA with Your account by sharing Your password or lending Your account to others or accessing HAKUNA with another person’s account;
15. Using HAKUNA for purposes other than its intended use; or
16. Aiding or encouraging any of the acts falling under any of the acts stated above except for i through ii.

5. You shall not alter another website so as to falsely imply that it is affiliated with the Company and/or the Company Assets.
6. You shall not use the Company Assets or falsely imply that You are affiliated with the Company and/or the Company Assets for any commercial purpose.
7. You shall not use or access any of HAKUNA by any means other than through the interface provided by HAKUNA.
8. You shall not exchange the right to use HAKUNA for cash, property or other economic benefits other than as permitted by the Company.
9. You shall not commit or engage in any acts that are in violation of these Terms, Community Guidelines, etc.

 

3. Prevention of Unauthorized Use

The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized and/or illegal use of HAKUNA, including, but not limited to, technological barriers, IP mapping, and directly contacting Your wireless (cellular) carrier.

 

4. Protection of Personal Information

1. The Company strives to protect Your personal information as provided by relevant laws and regulations. You can find the latest version of the Company’s Privacy Policy at https://hakuna.live/privacy-policy.
2. In principle, You agree to the application of Japanese law regarding the processing of personal information of HAKUNA. However, if You are residing in a country that excludes the application of Japanese law, the laws of such country shall apply to the processing of personal information instead.

 

5. Feedback

Any comments, suggestions, or feedback relating to HAKUNA, the HAKUNA App, and/or HAKUNA Web (“Feedback”) submitted by You to the Company shall become the property of the Company. The Company will have exclusive ownership of all rights to the Feedback. The Company will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to You or any other person, and will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to HAKUNA, the HAKUNA App, and/or HAKUNA Web (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

 

6. Assignment

You are not allowed to assign any rights or obligations hereunder as your account is strictly personal to You. The Company is allowed, in accordance with procedures set forth in relevant laws and regulations, to assign any rights or obligations hereunder or regarding the Company Assets to any third party. In the event that the Company transfers the business related to HAKUNA and/or the HAKUNA App to its affiliate, Your contractual position, rights and obligations under these Terms, and Your registration information and other user information shall be transferred to the transferee of the business, and You agree to such transfer. The business transfer stated in this Section shall include not only ordinary business transfer but also divestiture and other change of ownership or control.

CHAPTER 5. Use of Services

 

1. Content of Service

 

1. General Provisions

1. You use HAKUNA under Your own responsibility and shall be fully responsible for all acts and consequences thereof arising within HAKUNA. When You register a password for the use of HAKUNA, You must strictly manage it under Your own responsibility in order to prevent misuse. The Company may regard any and all acts made using Your registered password as Your own.
2. The Company may change all or parts of HAKUNA at any time if it deems it necessary to improve the performance or security of HAKUNA, to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of HAKUNA’s system. In such case, in principle, a prior notice shall be given to the Users regarding any material changes or suspensions that adversely affect the Users. However, if prior notice is not reasonably possible, if measures are needed to improve the security or compatibility of HAKUNA, or if it is necessary for the prevention of abusive acts or compliance with legal requirements and so on, such notice may be given ex post facto. If the Company cannot disclose the reasons or contents of any change, etc. in detail, the Company will explain the reason thereof. If You do not agree to the change of all or part of HAKUNA, You may be restricted from using all or part of its features.
3. The Company provides customized services and advertisements to Users by using User information such as service use records. This means that advertisements may be included as part of HAKUNA provided by the Company. You may sometimes have to view unwanted advertisements using HAKUNA. Such advertisements contribute to the Company’s ability to provide You with HAKUNA free of charge by default and furthermore serves as a foundation for the Company to invest in research and development in order to better serve Users. Meanwhile, in order to provide better service, the Company may display on HAKUNA or directly send to the Users’ e-mail addresses various information, including notices in relation to the use of HAKUNA and administrative messages. The Company may also display advertisements and other promotional messages on HAKUNA or directly send such messages to the Users’ e-mail addresses, if applicable.
4. The Company employs its utmost efforts to provide the best service to the Users. However, HAKUNA may be temporarily suspended due to maintenance of facilities, regular and/or irregular inspection for repair, or other substantial reasons; in such case, the suspension will be notified in advance on the HAKUNA service screen, unless there is are urgent circumstances such as compliance with legal requirements or maintenance of service security, etc.
5. HAKUNA operates on a regional basis, considering regional characteristics. Depending on Your location, You may have access to content exclusive to certain regions.
6. The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through HAKUNA, including Your video chat screen.

 

2. Affiliated Partner Services

HAKUNA may include services and/or content provided by third-party service providers affiliated with the Company. The responsibility for such services and/or content lies with the third-party service providers. In addition, the service terms and conditions of the third-party service providers may apply to such services and/or content. As such, please refer to the service terms and conditions and privacy policy of the applicable third-party service providers as necessary.

 

3. Advertising

The Company may place advertisements of the Company and/or third parties within HAKUNA.

 

4. Definitions

1. Diamonds

“Diamonds” are an electronic form of token that can be used to acquire items within HAKUNA.

2. Items

“Items” are virtual commodities or gifts You can purchase and use in HAKUNA. You can own or send Items to other Users within HAKUNA. You can purchase an Item within HAKUNA. Items can be converted into Stars according to the conversion rates and policies announced separately by the Company in HAKUNA.

3. Stars

You may receive Stars based on Your activities on HAKUNA and may receive benefits for those Stars by participating in the reward program. For more information, please see the Reward Payment Guideline (link).

 

2. Fee-Based Services

 

1. Purchase of Fee-Based Services

1. Subscription Services

The Company may offer a subscription service, or option in HAKUNA, which may include discounts for a certain duration of the commitment period, provision of bonus Diamonds, Items, rewards, or other benefits for a corresponding price (“Subscription Services”). If You abuse or are suspected of abusing benefits provided through Subscription Services, You may be restricted from purchasing or using Subscription Services - for example, you may not be able to receive benefits provided for Subscription Services.

Renewal and Cancellation of Subscription Services

Subscription Services are renewed automatically each month. If You do not wish to renew the subscription, You must cancel Your Subscription Services twenty four (24) hours prior to the expiration of Your current subscription period.

For cancellation of Subscription Services, we do not have the ability to cancel automatic renewals for purchases for you. Please follow the steps below on how to cancel the automatic renewals.

For Android: 

 (1) Launch the Google Play Store app.

 (2) Tap the profile icon in the upper right corner.

 (3) Tap the Menu, then Subscriptions.

 (4) Tap on the app of the subscription you'd like to cancel, then tap Cancel Subscription.

Apple/iOS App Store: 

 (1) Go to Settings, then iTunes & App Store.

 (2) Tap your Apple ID. You might need to sign in or use Touch or Face ID.

 (3) Tap Subscriptions.

 (4) Tap the subscription that you want to manage.

 (5) Use the options to manage your subscription. You may cancel the subscription by tapping the cancellation button.

Changes to Subscription Services

The Company reserves the right to suspend or change the contents of Subscription Services with reasonable prior notice. In addition, changes to Subscription Services that are unfavorable to the Users will take effect at least thirty (30) days after the Company notifies the Users of such change so that the Users may cancel the renewal before the new changes become effective.

Your continued use of the changed Subscription Services will constitute Your acceptance of and agreement to such change.

2. Diamonds

You can purchase Diamonds for the purpose of using the same within HAKUNA.

3. Host Membership Subscription

Depending on Your location, You can subscribe to a membership of a Host (as defined below) by purchasing the Host’s membership subscription (“Membership Subscription”) and enjoy special benefits that are only available to subscribers. Please see here for more information on how to subscribe to a new membership, membership benefits, membership subscription settings, etc.

4. Payment of Charges

If You purchase any Subscription Services, Diamonds, Items, Membership Subscription and/or other fee-based services (collectively, “Products”), You hereby agree to pay all charges to Your account, including taxes and fees applicable to the Company and You.

You agree to abide by any relevant terms of services of the Application Stores and to perform any contractual obligations resulting therefrom.

You agree that if You purchase any Products through an Application Store, all payment related questions, issues and/or complaints shall be handled in accordance with the relevant Application Store’s terms of service for payment processing. The Company is not authorized to intervene with regard to the foregoing, and in no event will the Company have any responsibility in connection with the same.

The Company cannot change the settings of Your Device. If You, based on Your own judgment, purchase Products, such as Subscription Services, Diamonds, Items and/or Membership Subscription, by setting up simple payment functions that omit authentication procedures on Your Device, the Company cannot be involved in such process and shall not be held liable for the same.

Additional Terms that apply if you pay the Company directly with your payment method. 

If you pay the Company directly, the Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, the Company may terminate your Subscription Services and/or your account immediately in its sole discretion.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information, terminate or cancel your Subscription Services, you remain responsible for any uncollected amounts and authorize the Company to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. 

If you reside [outside of the Republic of Korea or Japan, you agree that your payment to the Company will be through MTCH Technology Services Limited.

 

5. Liability for Payment Using Third-Party Payment Processing Methods

You are responsible for all claims arising in connection with Your account, unless Products are purchased as a result of the leaking of Your personal information due to the Company’s intentional misconduct or gross negligence.

The Company shall not be held liable for any purchases made by third parties as a result of theft of Your name or personal information, including purchases made by third parties caused by Your careless exposure of Your information or failure to use the password setting functions of Your Device or the Application Stores.

Please be careful not to allow Your acquaintances, children or family members to use Your Device to purchase any Products. Except as otherwise provided under relevant laws, You will be liable for payment of, and the Company shall not assume any liability for, the purchase of Products by any of Your acquaintances, children or family members without Your consent or against Your will.

2. Period of use, exchange, and transfer of Products

1. Period of use

Using period for the Products are determined based on the specific period of use for each Product. If there is no separate notice on the period of use for the Products, the Products cannot be used for more than 5 years from the date of purchase and will expire after 5 years from the date of purchase. However, the period of use for the Products obtained by a method other than purchasing is subject to conditions provided by the Company.

2. Exchange of Products

Products such as Subscription Services, Diamonds, Items, Membership Subscriptions, etc. may not be exchanged for cash, property or other economic benefits other than Stars or services and/or content designated by the Company. Terms and conditions for the exchange of services and/or content shall be determined by the Company and displayed on HAKUNA.

3. Transfer of Products

The Products may be used only on the account that acquired such Products and cannot be transferred to another account except through methods as acknowledged by the Company.

 

3. Refunds

Unless otherwise specified in these Terms or required under applicable law, any Products including the following are not refundable, in any event, after purchase. You can find a more detailed refund policy for each Products in the respective Product description: 

1. Products that are in the possession of any Users whose use of HAKUNA has been entirely or partially suspended due to a violation of these Terms or illegal acts;
2. Products which have been used in whole or in part (e.g., already converted into Items, partially used package Products);
3. Products that were purchased more than five (5) years ago;
4. Products that remain at the time of one (1) year from Your last use of HAKUNA; and
5. Products that are in the possession of any Users who have terminated use of HAKUNA or removed the HAKUNA App;
6. Diamonds which is the equivalent amount of Items that any User sent as gifts to other users, but not displayed to either user due to the instability of the communication environment or the device environment of either user;
7. Products that were purchased by third parties as a result of theft or loss of Device or caused by Your careless including the situation as set forth in Article 1 (d), Section 2, Chapter 5; and
8. Products that were purchased by Users who have accessed HAKUNA in violation of item (xiv), Article 2 (d), Chapter 4 of these Terms.

You may discontinue future Subscription Services at any time. Please note that if You choose to cancel Your Subscription Services after Your use of the subscription commences, costs proportional to the amount of subscription period that has lapsed and fees charged at the time of payment (including payment gateway agency fees, Google Play and App Store fees, and other third-party fees duly charged at the time of payment) will be incurred for cancellation. In addition, at the time of cancellation, if You have already used any Diamonds and/or Items that You received as part of the Subscription Services (including Diamonds and/or Items that are provided as free gifts for Subscription Services), the costs for such used Diamonds and/or Items may be deducted from the amount that is refunded to You. When Subscription Services have been duly cancelled, Diamonds and/or Items that were granted as part of such Subscription Services may be reclaimed by the Company.

In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, We recommended that You check the respective refund provisions and policies of such third parties.

 

4. Minors

If a User is a minor (under nineteen (19) years of age) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be canceled even if it was made without the consent of the legal representative.

 

3. Live Broadcasts

 

1. Operation of and Participation in Live Broadcasts

1. While using HAKUNA, You can create, transmit or share Content as a broadcaster (a “Host”), publisher of group live (a “Publisher”), assisting broadcaster (a “Guest”) or a viewer.
2. A Host can designate up to two (2) managers (a “Manager”) in his/her broadcast. 
3. All Content that is created, transmitted or shared in HAKUNA shall not be in violation of relevant laws and regulations, these Terms, and User Guidelines.

 

2. Gifting Items

1. A Host, a Publisher or a Guest may receive Items as gifts from any Users participating in the broadcast channel.
2. Please note that once You gift an Item to another User within HAKUNA, use of the Gems needed for the gifting is completed. Therefore, You will not be refunded for items used to send gifts or for gifts sent to other users on HAKUNA by the Company.
3. The Company cannot cancel the Item that you have already gifted, in the absence of applicable law, a final legal judgment or a similar decision, and does not bear any responsibility related thereto.

 

3. Rewards

Users may receive rewards by participating in the reward program. The Company makes no assurances to any User that any User participating in the reward program will receive a financial benefit. If a User falls under Article 3 (1), Chapter 8, the Company may temporarily or permanently refuse to make the reward payment under this Article or any future reward payment, regardless of whether such rewards are directly related to the violation. For more information on the reward program, please see the Hakuna Reward Payment Guideline (link).

 

4. Clip Services

1. A Host or a Guest can choose to make a clip by recording broadcast and upload the clip to the fanboard of the Host who broadcasted. Availability of broadcast recording or the maximum limit of recording are subject to the Company's separate notice.  
2. When recording is enabled, You will receive a notification that the broadcast is recorded. If You do not consent to being recorded, You may leave the broadcast. If You choose to stay in the broadcast, You are giving the Company consent to store recordings for any or all broadcasts that You stay.
3. When You decide to record broadcast, You are responsible for compliance with all recording laws.

 

CHAPTER 6. Operation and Management of Content

 

1. Liability for Your Content

1. You acknowledge and agree that You are solely responsible for any Content (including Live Broadcast Content) that You create, transmit or share through HAKUNA. Unless otherwise stipulated under applicable law, the Company will not be responsible in any way in connection to the Content that is transmitted or shared through HAKUNA.
2. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of any of Your Content.
3. With regard to Your Content, You represent and warrant the following. In the event You violate any of the following representations/warranties, You may be subject to suspension or termination of your account.  You may also be subject to criminal and/or civil liability, and the Company reserves all rights and remedies against You in order to minimize any damages that may occur to the Company and/or third parties resulting therefrom:

1. You are the sole creator and owner of, or have the necessary rights to transmit or use the Content; and
2. The Content that You transmit, share or display does not and will not: (i) contain information related to any intellectual property or proprietary right, trade secret, personal information, etc. of a third party; or (ii) infringe, violate, or misappropriate any intellectual property or proprietary rights, trade secret, moral right, privacy right or any other right of a third party.

 

2. Duty of Care When Using Content

Despite efforts under Article 1 (e), Section 1, Chapter 5 of these Terms, it is physically impossible for the Company to control all of the Content that the Users encounter in the process of using HAKUNA. Therefore, You should use HAKUNA at Your own risk and understand that by using HAKUNA, You may be exposed to Content that is offensive, pornographic, indecent, or otherwise objectionable. Unless otherwise stipulated under applicable law, the Company expressly disclaims any and all liability in connection with any and all Content created, transmitted or displayed using HAKUNA and without any involvement of the Company. You hereby release and discharge the Company from any and all claims and/or disputes arising out of or relating to such content and You can report to the Company of such content once you become aware of such content.

 

3. Monitoring of Inappropriate Content

The Company monitors Your Content in various ways, including automated and human methods, to the legal and technological extent permitted, in order to detect Content in violation of relevant laws, these Terms and/or the User Guidelines, or Content that is inappropriate and/or indecent. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through HAKUNA.

 

CHAPTER 7. Third Parties Relating to Service Use

1. Authority to Use Bandwidth and Device

1. If Your use of HAKUNA is dependent upon the use of bandwidth owned or controlled by a third party, You acknowledge and agree that You must obtain consent from the relevant third party for such use and that the Company will not be liable in any way with regard to the foregoing.
2. You must own or have the legal right to control the use of the Device to which You are downloading the HAKUNA App and/or through which You are accessing HAKUNA Web that provides HAKUNA. You must delete the HAKUNA App and related personal information from the Device if You intend to sell, assign or otherwise cease to have the legal right to control use of the Device.  You will be solely responsible for any problems that may result from Your failure to delete the same.

 

2. Relationship With Other Users Relating to Gifting Items

Unless the law stipulates otherwise or there is a final ruling of a court or a similar judgment that dictates otherwise, the Company shall not cancel any Items that You have already gifted and shall not assume any liability in connection therewith.

 

3. Use of Third-Party Software

These Terms also apply to Your use of any third-party software or technology that is incorporated in HAKUNA.

 

4. No Access to Emergency Communication Services

HAKUNA does not constitute common telecom service as classified under relevant laws. Therefore, due to physical limitations, the Company does not support or carry emergency call services to any type of medical institutions, law enforcement agencies, etc. for the Users. Please note that HAKUNA is not a replacement for Your primary telephone service.

 

5. Third-Party Fees

If You use Your native SMS application to deliver messages or invitations to people who are not registered users of HAKUNA and with whom You choose to communicate, the third party providing such SMS services may charge You additional fees for such use.

 

6. Third-Party Sites, Products, and Services

HAKUNA may include links or references to other websites and/or services provided by third parties (collectively, “Reference Sites”) solely for the convenience of the Users. The Company is not liable for any representations and/or warranties regarding any such Reference Sites, and ACCESS AND USE OF REFERENCE SITES IS SOLELY AT YOUR OWN RISK. We encourage You to read the terms and conditions and privacy policy of any Reference Sites that You visit. In addition, Your correspondence or business dealings with advertisers found on or through Reference Sites are solely between You and such advertiser.

 

CHAPTER 8. Termination of Service and Restrictions of Use

 

1. Termination of Service and Withdrawal from Service by You

You may terminate Your use of HAKUNA at any time by uninstalling and deleting the HAKUNA App from Your Device or stop accessing HAKUNA Web. To terminate Your use of HAKUNA, You may delete Your account by going through “Settings > Delete Account” in the My Page menu within the HAKUNA App. IF YOU HAVE SUBSCRIBED TO ANY SUBSCRIPTION SERVICES, YOU MUST TERMINATE YOUR SUBSCRIPTION SERVICES BEFORE DELETING YOUR ACCOUNT. Any and all liability that occurs as a result of Your failure to do so will be Your sole responsibility.

 

2. Restriction of Live Broadcasts

In the event that a Host or a Publisher violates Article 2, Chapter 4 of these Terms, or commits illegal acts such as piracy, theft of name, fraudulent use of credit cards, fraud, defamation, violation of the Act on Special Cases Concerning the Punishment, Etc. of Sexual Crimes and/or the Act on the Protection of Children and Youth Against Sexual Offenses, the Company may, at the discretion of the Company, restrict or deprive the Host or the Publisher of his/her authority to conduct live broadcasting. The Company will notify the Host or the Publisher without delay of such measures, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of HAKUNA).

 

3. Termination of Service by the Company

1. If the Company determines that any of the following has occurred, or that there is sufficient probability that it may occur, the Company may limit Your use of HAKUNA and/or suspend Your account temporarily or permanently by restricting the receipt of gifted Items under Article 2, Section 3, Chapter 5 or refusing to pay the revenue under Article 3, Section 3, Chapter 5. Unless applicable laws stipulate otherwise, the Company shall not be liable with regard to such limitation and termination of service:

1. If You commit any of the Prohibited Acts under Section 2 Chapter 4 of these Terms;
2. If any purchase of Products has been canceled pursuant to Article 4, Section 2, Chapter 5;
3. If any investigation related to the use of HAKUNA is commenced against You; 
4. If anyone who is not eligible or authorized to use HAKUNA under these Terms use HAKUNA;
5. If You abuse the Company’s refund policies including Article 3, Section 2, Chapter 5; or
6. If the Company reasonably deems that You have otherwise committed an act that is immoral in light of social norm.

2. The Company will notify You without delay of the reasons for any such suspension or termination of service provision, except in the event that notification is not permitted under law (e.g., if it violates a statute or a regulatory authority’s order, or results in an obstruction to a regulatory investigation) or the Company reasonably determines that notification may result in damage to the Users, third parties, or the Company (e.g., if it impairs the security of HAKUNA).
3. The Company may delete Your account information after prior notice to You, which may result in termination of the Service Use Agreement in relation to HAKUNA, if You have not logged on or accessed HAKUNA for a period that is specified under relevant laws and regulations, these Terms, or the Company’s separate operation policies related to HAKUNA. However, if the Company is unable to notify You (e.g., You did not provide a valid e-mail address to the Company at the time of registration for service membership), Your account may be deleted without notice.
4. You or Your legitimate representative (“Content Removal Requester”) may request the Company to remove any content displayed on HAKUNA by other users that violates Your rights including public fame (or honour), privacy or copyrights, by providing the Company the proof of such violation in accordance with the applicable laws and regulations. If the Company is unable to determine whether the subject content violates Your rights, or if a dispute between the parties is expected, the Company may take temporary measures to prevent anyone’s access to such content (“temporary measures”) in accordance with the applicable laws and regulations. For more information on reporting infringement, please see How to Report Infringement of Rights (link).
5. If the Company takes the temporary measures to any content under Paragraph (d) above, the uploader of such content may request to restore the content to the Company (“Complaint Against Removal”) during the term of the temporary measures. The Company may take actions, such as removal of the subject content, in accordance with the agreement between the parties, the court decision, the administrative order or any other decision of the pertinent government agencies submitted to the Company in accordance with the applicable laws and regulations. If no Complaint Against Removal is submitted to the Company, the Company may delete the subject content after the term of temporary measures expire in accordance with the applicable laws and regulations.
6. The Company may take temporary measures without a user’s request under Paragraph (d) above or a report from a third party if the Company determines that the content violates the rights, privacy, fame (honor) or copyrights of a user or a third party at its discretion in accordance with the applicable laws and regulations. In such a case, the temporary measures shall be taken in accordance with the procedures provided in Paragraphs (d) and (e).

 

CHAPTER 9. Indemnification and Warranty Disclaimers

 

1. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS LICENSORS, ITS PARTNERS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, AND SUPPLIERS (COLLECTIVELY “THE COMPANY PARTIES”), FROM AND AGAINST ANY AND ALL DAMAGES THAT RESULT FROM CLAIMS AND/OR ACTIONS BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF (i) YOUR VIOLATION OR BREACH OF ANY PROVISION OF THESE TERMS OR ANY APPLICABLE LAW OR REGULATION, (ii) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, (iii) YOUR USE OF HAKUNA AND/OR THE COMPANY ASSETS FOR AN UNJUSTIFIED PURPOSE, (iv) ANY DISPUTE WITH ANOTHER USER RESULTING FROM YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF HAKUNA AND/OR COMPANY ASSETS, OR (v) ANY TAXES AND FEES RELATED TO YOUR PURCHASE IN CONNECTION TO HAKUNA. The Company Parties reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company Parties. You agree not to settle any matter without the prior written consent of the Company, and any settlement executed without such consent of the Company will be null and void against the Company Parties.

 

2. WARRANTY DISCLAIMERS

1. HAKUNA is provided to You "AS IS" and "AS AVAILABLE" without any warranties from the Company (including its affiliates, officers, employees, shareholders, agents, successors and assigns as used in this Section). The Company hereby disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated.
2. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF HAKUNA, UNLESS STIPULATED OTHERWISE BY LAW. You can resolve any issues by closing your account and uninstalling the HAKUNA App from Your Device or ceasing Your use of the same.
3. THE COMPANY DOES NOT WARRANT, EXPRESS OR IMPLIED, THAT HAKUNA, THE HAKUNA APP AND/OR THE HAKUNA WEB WILL BE WITHOUT ACTUAL AND/OR LEGAL DEFECT (INCLUDING DEFECTS RELATING TO SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ERRORS AND BUGS, AND NON-INFRINGEMENT). The Company is not liable in any way to remove or correct any such defects and provide HAKUNA to You.
4. THE COMPANY DOES NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH HAKUNA, THE HAKUNA APP AND/OR THE HAKUNA WEB WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

3. LIMITATION OF LIABILITY

1. EXCEPT FOR DIRECT DAMAGES CAUSED BY THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF HAKUNA, THE HAKUNA APP, AND/OR HAKUNA WEB. THE FOREGOING SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY THEREOF. In the event that the Company is liable for damages regarding the purchase of Products by You, such as when the Product is purchased due to the leakage of Your personal information resulting from the Company’s intentional misconduct or gross negligence, THE AMOUNT OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF SUCH PRODUCT, VERIFIED THROUGH YOUR SUBMISSION OF EVIDENTIARY DOCUMENTS.
2. ABSENT THE COMPANY’S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY OTHER USERS AND/OR THIRD PARTIES, including (i) personal damages arising from Your access to and/or use of HAKUNA; (ii) damages caused by a third party’s illegal access and/or use of the Company’s server; (iii) damages caused by a third party’s interruption of transmission to and from the Company’s server; (iv) damages caused by a third party’s transmission or dissemination of malicious programs; (v) damages caused by omission or destruction of transmitted data; and (vi) defamation.
3. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, OR RECEIVE CONTENT THROUGH HAKUNA, THE HAKUNA APP, AND/OR HAKUNA WEB AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSION, DISPLAY, OR RECEIPT OF CONTENT.

 

4. BASIS OF THE BARGAIN

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS (ARTICLE 2, CHAPTER 9) AND THE LIMITATIONS OF LIABILITY (ARTICLE 3, CHAPTER 9) SET FORTH HEREIN.

 

5. Service in Locations Outside Japan

The Company makes no representations that HAKUNA is appropriate or available for use in any location outside Japan. Those Users who access or use HAKUNA, the HAKUNA App, and/or HAKUNA Web from other jurisdictions are entirely responsible for compliance with all local laws.

 

6. Waiver

The failure of the Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company.

 

CHAPTER 10. Interpretation of Terms, Governing Law and Dispute Resolution

 

1. Entire Agreement

These Terms represents the complete agreement concerning the matters covered between the Company and You. If any provision of these Terms is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

 

2. Headings

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

3. Injunctive Relief, etc.

You acknowledge that the obligations made hereunder to the Company are of a unique and irreplaceable nature. Your violation of such obligations may cause irreparable harm to the Company, which may not be replaced by monetary damages alone, and thus, the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You.

 

4. Interpretation

These Terms are drafted originally in Korean. If there are any discrepancies between the Korean and English versions of these Terms, the interpretation under the Korean version shall prevail.

 

5. Governing Law and Jurisdiction

In principle, these Terms are governed by the laws of Japan, and You consent and agree to the exclusive jurisdiction of the Tokyo District Court of Japan with regard to disputes related to these Terms. However, if the laws of the country in which You reside stipulate otherwise regarding the interpretation of these Terms and jurisdiction, such laws shall apply.

 

Additional Information: To receive information or technical support for HAKUNA, please mail to help@hakuna.live.

 

© K.K. MOVEFAST COMPANY. All rights reserved.

 

 

SUPPLEMENTARY TERMS

The following additional terms ("Supplementary Terms") may apply respectively to Users having residence in or nationality of certain countries. In the event of any conflict between the Supplementary Terms and the provisions of the main body of the Terms, the Supplementary Terms shall prevail.

 

1. EUROPEAN ECONOMIC AREA (EEA), UK OR SWITZERLAND SUPPLEMENTAL TERMS AND CONDITIONS

For a resident in the EEA (that is in the European Union and Iceland, Lichtenstein, Norway), UK or Switzerland the following provisions shall apply. The provisions referred to therein (Preamble, Chapter, Section and Article) are those of the Terms. 

1. Preamble of the Terms of Service

The section in the Terms before Chapter 1 ("Preamble") shall be replaced by the following section: 

These terms of service (“Terms”) apply to any users (“Users” or “You”) using the live streaming broadcast service (“HAKUNA”) owned and provided by MOVEFAST COMPANY Co., Ltd. (the “Company”, “We” or “Us”). PLEASE CAREFULLY READ THESE TERMS BEFORE USING OUR SERVICE. 

The Supplementary Terms, which can be found at the end of the Terms, may apply in addition to the Terms respectively to Users having residence in certain countries. 

2. Chapter 1, Article 2:

The provision in Chapter 1, Article 2 of the Terms shall be replaced by the following provision:

The Company reserves the right to change the Terms and the Supplementary Terms from time to time, to the extent that such modification does not violate relevant laws and regulations and in any case only if the changes are reasonable for the User considering the interests of the Company. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of and reasons for the amendments of the Terms. If the User does not object to the amendments of the Terms within six (6) weeks of being notified thereof, the amended Terms shall be deemed to have been accepted by the User. The Company will inform the User in the change notification of the User's right to object and the significance of the objection period in the notification. If the User objects, the Company is entitled to delete the Account and the data of the User. The Terms can also be amended by the User's explicit consent to the changes proposed by the Company.

3. Chapter 2, Article 4:

The provision in Chapter 2, Article 4 of the Terms shall be replaced by the following provision:

In the event You upload or otherwise provide Content (as defined under Article 4, Section 1, Chapter 5) on HAKUNA, You hereby grant the Company and its affiliates a non-exclusive, royalty-free, sub-licensable, worldwide and transferable license regarding such Content. This license covers Your Content if that Content is protected by intellectual property rights. This license is for the limited purpose of providing You with HAKUNA and the HAKUNA App. For this purpose, the Company and/or its affiliates may use, host, store, reproduce, modify, edit, adapt, perform, display, broadcast, distribute, rent, publicly transmit, or create derivative works in connection with Your Content. In addition, so that the Company can prevent the use of your Content outside of HAKUNA, You authorize the Company to act on your behalf with respect to infringing uses of your Content taken from HAKUNA by other users or third parties. You may terminate this license at any time by removing Your content from HAKUNA or deleting Your account.

4. Chapter 3, Article 1:

The provision in Chapter 3, Article 1 (c) iii. Of the Terms shall be replaced by the following provision:

You are a child under the age of 17 

5. Chapter 3, Article 2:

The provision in Chapter 3, Article 2 (b) of the Terms shall be replaced by the following provision:

HAKUNA is intended solely for users who are seventeen (17) years of age or older. Any attempt to access or use HAKUNA by anyone under the age of seventeen (17) is strictly prohibited and shall be considered a material violation of these Terms.

6. Chapter 4, Article 4:

The provision in Chapter 4, Article 4 (b) of the Terms does not apply. The processing of personal data of HAKUNA is subject to the applicable German law.

7. Chapter 4, Article 5:

The provision in Chapter 4, Article 5 of the Terms shall be replaced by the following provision:

You agree that the Company can use any comments, suggestions, or feedback relating to HAKUNA and/or the HAKUNA App ("Feedback") submitted by You to the Company exclusive and worldwide for any purpose, without any compensation to You or any other person. The Company will not be required to treat any Feedback as confidential. You agree that You do not acquire any right in or to HAKUNA and/or the HAKUNA App (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that the Company will not be responsible for whatever Feedback that You submit, including its legality, reliability, appropriateness, originality, and copyright.

8. Chapter 4, Article 6:

In addition to the provision contained in Chapter 4, Article 6 of the Terms, the following provision shall apply:

In the event of the contract being transferred to a third party, the Company must notify the User at least four (4) weeks before the date of transfer about the contract transfer. The User has the right to terminate the contract with effect from the date of transfer.

9. Chapter 5, Section 1, Article 1 (c):

In addition to the provision contained in Chapter 5, Section 1, Article 1 (c) of the Terms, the following shall apply:

In particular, You agree that the Company may contact You with latest news and special offers in connection to HAKUNA by e-mail and/or push notification. If You do not wish to receive such communication, You can disable Your account at any time.

10. Chapter 5, Section 2, Article 1 (a):

The provision in Chapter 5, Section 2, Article 1 (a) under the headline "Changes to Subscriptions Services" shall be replaced by the following provision:

The Company reserves the right to change the contents of Subscription Services with reasonable prior notice if the Company deems it necessary to improve the performance or security of HAKUNA (e.g., a bug, defect, etc.), to change its features or composition, to comply with laws and regulations, or to prevent illegal activities on or abuse of HAKUNA’s system and the changes are reasonable for the User considering the interests of the Company. In the event the Company changes the contents of Subscriptions Services, the Company will notify the Users the details of and reasons for the changes. If the User does not object to the changes within six (6) weeks of being notified thereof, the amended contents shall be deemed to have been accepted by the User. The Company will inform the User in the change notification of the User's right to object to the changes of the Subscription Services and the consequences of the objection period. If the User objects, the Company is entitled to terminate the Subscription Services. The contents of Subscription Services can also be amended by the User's explicit consent to the changes.

11. Chapter 5, Section 2, Article 2:

Deviating from Chapter 5, Section 2, Article 2 of the Terms, the provision that a penalty will be incurred for cancellation if You choose to cancel Your Subscription Services after the subscription period commences, shall NOT apply. 

In addition to the provision contained in Chapter 5, Section 2, Article 2 of the Terms, the following shall apply:

This provision does not affect the mandatory legal provisions that apply in the event that the User exercises the right of revocation.

12. Chapter 5, Section 2, Article 3:

In deviation from Chapter 5, Section 2, Article 3, a minor within the meaning of the provision is a User under eighteen (18) years of age.

13. Chapter 6, Article 2:

Chapter 6, Article 2 of the Terms shall apply with the limitation that you hereby DO NOT release and discharge the Company from any and all claims and/or disputes arising out of or relating to such Content.  

14. Chapter 6, Article 3:

The provision in Chapter 6, Article 3 of the Terms shall be replaced by the following provision:

The Company monitors Your Content in various ways, including automated and human methods, in order to investigate and detect Content in violation of applicable laws or material breaches of these Terms and/or the User Guidelines, in particular Content that violates rights of the Company, third parties and/or other Users. You understand and agree that the Company may monitor or review any and all Content that You transmit or share through HAKUNA.

15. Chapter 9, Article 2:

The provisions contained in Chapter 9, Article 2 of the Terms do not in any case deprive the User of his/her statutory rights. 

16. Chapter 9, Article 3:

The provision in Chapter 9, Article 3 of the Terms shall be replaced by the following provision:

1. Unless otherwise set out in the Service Use Agreement and the Terms and Supplementary Terms (including this Section), the Company shall be liable for a breach of contractual and non-contractual duties as provided for by statute.

 

2. The Company has unlimited liability – for whatever reason – for compensation for losses based on wilful (vorsätzlich) or grossly negligent (grob fahrlässig) breach of duty by the Company or by any of the Company's legal representatives or vicarious agents.

 

3. In the event of a merely slightly or ordinarily negligent (einfach oder leicht fahrlässig) breach of duty by the Company or one of the Company's legal representatives or vicarious agents, the Company shall (subject to a milder level of liability pursuant to statute) be liable only 

(aa) but without limit – for resultant losses arising from injury to life, limb or health;

(bb) for losses arising from a breach of material contractual duties. Material contractual duties are those duties that are material to proper performance of the contract and on whose fulfilment the customer generally relies or is entitled to rely. In this case, however, the amount of the Company's liability is limited to losses which are typical of this type of contract and which were foreseeable at the time the contract was concluded.

4. The liability limitations pursuant to (c) do not apply where the Company has maliciously failed to disclose a defect or where we have assumed a warranty for the Services. This shall have no effect on any mandatory statutory liability, for users residing in Germany, in particular under the German Product Liability Act (Produkthaftungsgesetz).

 

5. Where the Company's liability is excluded or limited under the above provisions, this also applies to the personal liability of the Company's directors and officers, legal representatives, employees, staff and other vicarious agents.

 

17. Chapter 10, Article 1:

The provision in Chapter 10, Article 1 of the Terms shall be replaced by the following provision:

The Terms and the Supplementary represent the complete agreement concerning the matters covered between the Company and You. If any term or provision of the Terms and the Supplementary Terms is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.

18. Chapter 10, Article 4:

The provision in Chapter 10, Article 4 of the Terms shall not apply. 

19. Chapter 10, Article 5:

The provision in Chapter 10, Article 5 of the Terms shall be replaced by the following provision:

Governing Law and Dispute Resolution

The Terms of Service and the Supplementary Terms, the individual contracts concluded on the basis thereof and their interpretation are subject to the law of applicable jurisdiction. 

The European Commission maintains an Online Dispute Resolution (OS) platform with further information which is accessible here: http://ec.europa.eu/consumers/odr/. The participation in the aforementioned Online Dispute Resolution platform is voluntary. The Company does not participate in the mentioned online dispute resolution procedure. Furthermore, the Company is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

20. Right of Revocation

The following instructions of withdrawal shall apply to the purchase of Products, as defined in the Terms, by the User within HAKUNA, if the User is a consumer. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be predominantly attributed to his commercial or professional activity.

WITHDRAWAL INSTRUCTIONS

 (a) Right of withdrawal

You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform Us

MOVEFAST COMPANY Co., Ltd. 

[Address: Shinroppongi Bldg. 708, 7-15-7 Roppongi, Minato-ku, Tokyo (Zip code 1060032) 

Phone: +81 03 6447 5995  

E-Mail: contact@movefastcompany.com] 

of your decision to withdraw from this contract by an unequivocal statement (e.g. letter sent by post or e-mail). You may use the model withdraw form under (c), but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired

(b) Effects of withdrawal

If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as result of such reimbursement.

The right of withdrawal shall expire prematurely in case of a contract for the supply of digital contents in non-physical medium if we have started the execution of the contract, after you

(i) have expressly agreed that we shall begin with the execution of the contract before the withdrawal period ends, and 

(ii) have confirmed the knowledge of losing Your right of withdrawal by consenting the start of the execution of the contract.

(c) Sample form for withdrawal

(If you want to cancel the contract, please fill out this form and send it back.)

To

MOVEFAST COMPANY Co., Ltd. 

[Address: Shinroppongi Bldg. 708, 7-15-7 Roppongi, Minato-ku, Tokyo (Zip code 1060032) 

Phone: +81 03 6447 5995  

E-Mail: contact@movefastcompany.com] 

 

Hereby I/we (*) cancel the from me/us (*) concluded contract for the purchase of the following products (*)/performance of the following services (*)

Ordered at (*)/received at (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only with message on paper)

Date

(*) Delete as applicable.

2. JAPAN SUPPLEMENTAL TERMS AND CONDITIONS

This additional term supplements this Terms of Service and applies solely to Users in Japan:

1. Article 2, Chapter 1 is replaced with:

“The Company reserves the right to modify these Terms from time to time as it deems necessary, to the extent that such modification does not violate relevant laws and regulations. In the event the Company changes the contents of these Terms, the Company will notify the Users the details of, reasons for and effective date of the change at least seven (7) days prior to the effective date of such change; provided, however, if the change of the contents of these Terms is unfavorable to the Users, the Company will notify the Users at least thirty (30) days prior to the effective date of such unfavorable change. However, changes that benefit Users or changes due to legal reasons may become effective immediately. Notwithstanding the foregoing, the Company shall obtain the User’s consent in a manner specified by the Company for the amendment or change of the Terms that requires such consent under the applicable laws. In this case, the modified Terms of Service will only apply to those Users who have consented to the change in a manner prescribed by Us.”

2. The following shall be added at the end of Chapter 1 as a new Article 5:

“If a User is a minor (under twenty (20) years of age (eighteen (18) years of age from April 1, 2022)) or a person with limited competence as defined under law, the consent of the User’s parents or legal representative is required to use HAKUNA and purchase any Products. If a minor purchases a Product without the consent of his/her legal representative, the minor and/or legal representative may cancel the purchase. However, if a minor’s purchase is made within the scope of disposable property permitted by his/her legal representative, or if the minor uses trickery, such as using payment information of an adult without consent, to cause the Company to believe that he/she is not a minor, such purchase may not be cancelled even if it was made without the consent of the legal representative.”

3. The following shall be added to Subparagraph (c), Article 1, Chapter 3 as the new item (iv), and the original item (iv) shall be item (v):

“You are determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, “Antisocial Force”), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means; or”

4. Article 3, Section 2, Chapter 5 shall be deleted in its entirety.
5. The following shall be added at the end of Section 2, Chapter 5 as a new Article 3:

“3. Period of use of Products

Diamonds and Stars can be used for 180 days from the date of purchase or receipt, and will expire after 180 days from the date of purchase or receipt.” 

6. The following shall be added at the end of Chapter 9 as a new Article 6:

“6. Severability

If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provisions held invalid or unenforceable in part shall remain in full force and effect.”

3. SINGAPORE SUPPLEMENTAL TERMS AND CONDITIONS

This section supplements and amends the Terms to the extent that You are a User in Singapore:

1. Article 3, Chapter 2 is deleted in its entirety and replaced with:

"You hereby consent to the Company's collection, use and disclosure of personal information (as defined under the Company's Privacy Policy), in accordance with the Company's Privacy Policy."

2. Article 2(b), Chapter 3 shall be deleted in its entirety and replaced with:

"HAKUNA is intended solely for Users who are seventeen (17) years of age (If You are a User registered before February 5, 2021, thirteen (13) years of age) or older. If You are under the age of eighteen (18), You represent that your parent or legal guardian agrees to be bound by these Terms on your behalf. Any attempt to access or use HAKUNA by any User under the age of eighteen (18) without such agreement of their parent or legal guardian is strictly prohibited and shall be considered a material violation of these terms".

3. Article 4(b), Chapter 4 is deleted.
4. The first sentence of Article 3, Section 2, Chapter 5 is deleted and replaced with:

"If You are a User who is under eighteen (18) years of age, You must obtain the consent of Your parent or legal guardian to purchase any Products."

5. The following shall be added at the end of Chapter 9 as a new Article 7:

"Notwithstanding any other provision herein, nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded by applicable law."

4. U.S. SUPPLEMENTAL TERMS AND CONDITIONS

These U.S. Supplemental Terms and Conditions (in this Section D., together with the HAKUNA Terms of Service, the “Terms”) apply if You are accessing or using HAKUNA from within United States (including any of its territories and possessions). To the extent there exists any conflict between these Supplemental Terms and the HAKUNA Terms of Service, these Supplemental Terms shall prevail.  For purposes of these Supplemental Terms, the term “HAKUNA” includes, without limitation, the HAKUNA App itself, as made available by the Company.

 

THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS WITH RESPECT TO DISPUTES. 

 

1. Applicable Law

The Terms, their subject matter, their formation, and any arbitration proceeding outlined below, are governed by the laws of the state of New York, without regard to its conflict of laws provisions.  

 

2. Eligibility

HAKUNA IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF EIGHTTEEN (18).

 

If You are using HAKUNA on behalf of a business or entity, then You agree, represent and warrant that (a) You are duly authorized by such business or entity to agree on its behalf and bind such business or entity to these Terms; and (b) Your business or entity is legally responsible for Your use of HAKUNA as well as for the use of Your account by other individuals authorized by Your business or entity, including without limitation, any authorized employees or officers.  

 

3. Content License

By using HAKUNA, and whenever You upload, broadcast, post or otherwise provide Content to or through HAKUNA, You hereby grant to the Company and its affiliates a worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable and perpetual license  to (a) display Your Content within HAKUNA; (b) allow other users of HAKUNA to view, access, play and download Your Content, (c) use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes the Company makes so that Your Content is compatible with HAKUNA), communicate, publish, publicly perform, publicly display and distribute Your Content without compensation to You or others, (d) sublicense and pass these rights along to service providers and others with whom the Company has contractual relationships related to the operation of HAKUNA (e.g., cloud hosting providers) and to otherwise permit access to or disclose Your Content to the extent set forth in the Terms, and (e) use Your user name, image, voice, and likeness to identify You as the source of any of Your Content, and You hereby waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with Your Content.

 

4. Sponsored Content; Endorsements

You acknowledge and agree that Your Content must comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other guidelines issued by the FTC from time to time, as well as any other requirements under applicable laws or regulations. 

 

For any Content that features or is influenced by a business partner for an exchange of value, You must comply with the Company’s guidelines relating to sponsored Content. Notwithstanding anything to the contrary in the Terms, You cannot accept anything of value in exchange for posting content that does not feature You or that was created without Your involvement. 

 

You, and not the Company, are solely responsible for any endorsements or testimonials You make regarding any product or service through HAKUNA, and You assume full liability for all liability associated with such endorsements or testimonials and for any failure to comply with this Section.

 

5. Products; Subscription Services

Access to certain Products may not be available in Your jurisdiction.  You acknowledge and agree that the Company has the right, in its sole discretion, to manage, modify, update, or cancel, in whole or in part, any Products, or programs under which Products may be purchased or redeemed, at any time.  However, if the Company modifies, updates or cancels any Products, or programs under which Products may be purchased or redeemed, in a manner that materially diminishes the value of any Subscription Services You have purchased, the Company will notify You of the relevant change or cancellation, by in-app notice and/or by email notice to the email address associated with Your user account, at least seven (7) days in advance of the proposed effective date of the change, and, notwithstanding anything to the contrary set forth in the Terms, You may cancel any affected Subscription Services at any time prior to the effective date of the change or cancellation without liability.  If You do not cancel the Subscription Services within such seven (7) day time period, You will be deemed to have assented to the relevant Product or program changes and continued participation in the Subscription Services.  

 

The following provision applies in lieu of (and supersedes and replaces) paragraph 2 of Chapter 5, Section 2 of the HAKUNA Terms of Service (Refunds): 

 

Unless otherwise specified in these Terms or required under applicable law, any Products including without limitation the following are not refundable, in any event, after purchase:

 

1. Products that are in the possession of any Users whose use of HAKUNA has been suspended due to a violation of these Terms or illegal acts;
2. Products which have been used in whole or in part (e.g., already converted into Items, partially used package Products);
3. Products that were purchased more than five (5) years ago;
4. Products that remain at the time of one (1) year from Your last use of HAKUNA;
5. Products that are in the possession of any Users who have terminated use of HAKUNA or removed the HAKUNA App; 
6. Diamonds which is the equivalent amount of Items that any User sent as gifts to other users, but not displayed to either user due to the instability of the communication environment or the device environment of either user; and
7. Products that were purchased by third parties as a result of theft or loss of Device or caused by Your careless including the situation as set forth in Article 1 (d), Section 2, Chapter 5.

 

If You choose to cancel Your Subscription Services after the subscription period commences, the Company will determine whether You are eligible for any refunds in its sole discretion and will deduct from any amounts refundable to You a termination fee equal to the sum of (a) 10% of the charges corresponding to the remaining subscription period, or the highest amount permitted under applicable law, whichever is lesser, (b) any third party payment processing fees and costs proportional to the amount of subscription period that has lapsed, and (c) if, at the time of cancellation, You have already used any Diamonds and/or Items that You received as part of the Subscription Services, the costs for such used Diamonds and/or Items (collectively, the “Termination Fee”). The parties intend that the foregoing amounts constitute compensation, and not a penalty, and that the foregoing amounts are a reasonable estimate of the anticipated or actual harm to the Company that would result from Your early cancellation of Subscription Services. Your payment of the foregoing amounts is the Company’s exclusive remedy for early cancellation of the relevant Subscription Services. For clarity, except to the extent applicable law requires otherwise, the Company is not required to provide refunds, benefits, or other compensation if You cancel Your Subscription Services during the subscription period.

 

In addition, refunds for any and all Products as permitted under the applicable laws of Your jurisdiction will be processed, and may be limited, in accordance with the refund policies of the third party providing the payment processing services (i.e., Application Stores) that You used to purchase the Product. Therefore, the Company recommends that You check the respective refund provisions and policies of such third parties.

 

Except as expressly set forth in these Terms, the Company is not required to provide refunds, benefits, or other compensation to You in connection with any discontinued elements of HAKUNA or for Products previously purchased.

 

6. Third Party Disputes

To the fullest extent permitted by law, You acknowledge and agree that any claim or dispute You have with any other third party in connection with HAKUNA (including any other user of HAKUNA or any third party provider of materials or links appearing on HAKUNA) is between You and such third party and You irrevocably agree to release and hold harmless the Company, its affiliates, and its and their officers, directors, employees, contractors and suppliers from any and all claims, demands and/or damages arising out of any such claim or dispute.

 

7. Feedback

You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that You may have in and to any and all Feedback.

 

8. Removal of Content; Suspension or Termination of Access

Without limiting the Company’s rights under the HAKUNA Terms of Service, if You violate or are suspected of violating any laws, regulations, these Terms, and other policies applicable to Your use of HAKUNA, the Company may take appropriate measures (including suspending or blocking Your account, revoking all or a portion of Your broadcast or access rights, or reporting Your conduct to authorities) immediately, without notice to You (notwithstanding anything to the contrary set forth in the HAKUNA Terms of Service). In addition, the Company reserves the right to moderate, block or remove, with or without notice to You, Your Content, for any reason, including without limitation if the Company receives complaints from other users or a third party relating to Your Content.

 

You acknowledge and agree that HAKUNA is not a storage service.  If You choose to deactivate Your account or Your account is terminated by the Company for any reason, You will not be able to reactivate Your account or retrieve any of the content or information associated with Your account. As a result, the Company recommends that You save copies of any Content or other information associated with Your account on Your personal device.

 

Notwithstanding the foregoing paragraph, You acknowledge and agree that the Company and its affiliate companies 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, among other things:

 

• comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
• enforce these Terms;
• respond to claims that any content violates the rights of third parties; or
• protect the Company’s rights, property and/or the personal safety of the Company’s users and/or the public.

 

You understand that even if You remove Your Content from HAKUNA, the Company may not be able to prevent any other users from storing or archiving any of Your Content that You have shared via HAKUNA.

 

9. Copyright

The Company respects the intellectual property rights of others and asks You to do the same. As a condition of Your access to and use of HAKUNA, the Company reserves the right, with or without notice, at any time and in the Company’s sole discretion, to block access to or terminate the accounts of any User who infringes upon or is alleged to infringe upon any intellectual property rights of any person or entity. HAKUNA may include functionality that allows Content provided by one user of HAKUNA to be extracted by another user to produce additional Content.  If You transmit or upload Content from HAKUNA to other social media platforms or websites operated by other third parties, You must do so in compliance with these Terms and any user agreement or terms of such other platforms or websites.

 

If the Company receives a complaint alleging copyright infringement relating to Your Content, the Company may delete or block access to the relevant Content without notice to You, and You shall be solely liable for any damages or other consequences caused by such infringement allegations.

 

If You are a copyright owner or an agent thereof and believe any Content provided through HAKUNA infringes upon Your copyrights, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to help@hakuna.live containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed, (b) a description of the copyrighted work that You claim has been infringed, (c) a description of where the material that You claim is infringing is provided through HAKUNA, (d) Your address, telephone number, and email address, (e) a written statement that You have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.  You acknowledge that if You fail to comply with all of the above requirements of this Section, Your DMCA notice may not be valid.

 

In the event Your Content is removed in response to a DMCA complaint, You will receive information on how to file a counter-notice. Notices described in this Section are legal notices separate from the Company’s regular activities or communications and are not subject to the Privacy Policy. 

 

10. Dispute Resolution

ARBITRATION AND CLASS ACTION WAIVER

 

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

 

• Arbitration Agreement. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to Your use of HAKUNA, or relating in any way to the communications between You and the Company or any other user of HAKUNA, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to You and the Company. However, this arbitration agreement does not (a) govern any Claim by the Company for infringement of its intellectual property or access to HAKUNA that is unauthorized or exceeds authorization granted in these Terms or (b) bar You from making use of applicable small claims court procedures in appropriate cases. If You are an individual, You may opt out of this arbitration agreement within thirty (30) days of the first of the date You access or use HAKUNA by following the procedure described below.

 

• You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that You and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

 

• The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) 

 

• The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. However, the preceding sentence will not apply to the “Class Action Waiver” section below. 

 

• The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

 

• If the value of Your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of Your claim or the relief sought was frivolous or brought for an improper purpose.

 

• If You do not want to arbitrate disputes with the Company and You are an individual, You may opt out of this arbitration agreement by sending an email to [INSERT EMAIL CONTACT FOR OPT OUT REQUESTS] within thirty (30) days of the first of the date You access or use HAKUNA.

 

• CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

 

• If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, You and the Company each waive any right to a jury trial.

 

11. California Consumer Rights Notice

Under California Civil Code Section 1789.3, California users of HAKUNA receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

 

12. New Jersey Residents

The laws of the State of New Jersey may further limit the limitations of liability set forth in the Terms. In such case You explicitly agree that the Company’s (or any other released party’s) liability to You shall apply to the maximum extent permitted by the laws of the State of New Jersey.

 

13. Exports

You agree that You will not export or re-export, directly or indirectly, the HAKUNA App or any other portion of the products, services, or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval.  In particular, but without limitation, neither HAKUNA nor any of the foregoing products, services, information or materials may be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including without limitation the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. 

 

14. U.S. Government Rights

The HAKUNA App and all related technology and documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

5. INDIA SUPPLEMENTAL TERMS AND CONDITIONS

Effective as of March 11, 2022, this additional term supplements this Terms of Service and applies solely to Users in India:

1. The following shall be added to Article 3, Section 3, Chapter 5:

“If You reside in India, You will need to participate in the Kuna host program to take part in he Company’s rewards programs.”

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