Terms and Conditions

Saturday, March 18th 2023

TERMS AND CONDITIONS

Welcome to suayan.com, owned and operated by Kyo Suayan. These terms and conditions govern your use of our website. By accessing or using our website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use our website.

  1. USE OF OUR WEBSITE

(a) You may use our website only for lawful purposes and in accordance with these terms and conditions. You agree not to use our website:

(i) In any way that violates any applicable federal, state, local or international law or regulation; (ii) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter" or "spam" or any other similar solicitation; (iv) To impersonate or attempt to impersonate Kyo Suayan, a Kyo Suayan employee, another user or any other person or entity; (v) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the website, or which, as determined by Kyo Suayan, may harm Kyo Suayan or users of the website or expose them to liability.

(b) We may monitor and review any user content or activity on our website, but we are not obligated to do so. We reserve the right to remove any user content or activity from our website for any reason without notice.

  1. INTELLECTUAL PROPERTY

(a) Our website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Kyo Suayan, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

(b) These terms and conditions permit you to use our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:

(i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) You may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

(c) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

(d) If you wish to make any use of material on our website other than that set out in this section, please address your request to: inquiries@suayan.com.

(e) If you print, copy, modify, download or otherwise use or provide any other person with access to any part of our website in breach of these terms and conditions, your right to use our website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Any unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes.

(f) All trademarks, logos, and service marks displayed on the website are our property or the property of other third parties.

(g) If you believe that any content on our website infringes your intellectual property rights, please contact us immediately.

  1. CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

(a) If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA). For information on the types of personal information we collect, the purposes for which we use that information, and your rights under CCPA, please see our Privacy Policy.

  1. DISCLAIMERS AND LIMITATIONS OF LIABILITY

(a) THE CONTENT, SERVICES, PRODUCTS, AND INFORMATION ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

(b) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

(c) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  1. GOVERNING LAW

(a) These terms and conditions, your use of our website, and any dispute arising out of such use of our website are governed by the laws of the State of California without regard to its conflict of law provisions.

  1. DISPUTE RESOLUTION

(a) Any controversy, dispute, or claim arising out of or related to these terms and conditions, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

(b) The arbitration shall be conducted in the English language in San Mateo, California, and the arbitrator(s) shall apply California law to the merits of any dispute or claim.

(c) Each party shall bear its own costs and expenses, including attorneys' fees, incurred in connection with any arbitration proceeding.

  1. CHANGES TO THESE TERMS AND CONDITIONS

(a) We may revise and update these terms and conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our website thereafter.

(b) Your continued use of our website following the posting of revised terms and conditions means that you accept and agree to the changes.

  1. USER GENERATED CONTENT

(a) Our website may allow users to post, upload, publish, or otherwise make available content, including but not limited to comments, feedback, suggestions, and other materials (collectively, "User Content").

(b) You acknowledge and agree that we do not have any obligation to review or monitor User Content, and that we are not responsible for the accuracy, completeness, or legality of User Content.

(c) You are solely responsible for any User Content that you post, upload, publish, or otherwise make available on our website.

(d) By posting, uploading, publishing, or otherwise making available User Content on our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

(e) You represent and warrant that you have all necessary rights to grant the foregoing license and that your User Content does not infringe the intellectual property rights of any third party.

  1. TERMINATION

(a) We may terminate or suspend your access to all or part of our website, without notice, for any reason or no reason, including but not limited to your breach of these terms and conditions.

(b) Upon termination, you must immediately destroy any downloaded or printed materials and cease using our website.

  1. ENTIRE AGREEMENT

(a) These terms and conditions, together with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our website.

(b) If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

(c) Our failure to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.