Terms Of Service
SECTION 1 - OVERVIEW
This website (“Site”) is operated by KonMari Media, Inc. (“KonMari”). Throughout the Site, the terms “we”, “us” and “our” refer to KonMari. KonMari offers this Site, including all information, tools, events, products, and services available from this Site (“Services”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies, limitations, and notices stated here, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms of Service”). By visiting, accessing, or using any part of our Site and/or purchasing something from us, you engage our Services and agree to be bound by the Terms of Service, so please read these Terms of Service carefully before accessing or using any part of our Site. If you do not agree to all the Terms of Service, then you may not access the Site or use any Services. Your breach or violation of any of the Terms of Service may result in immediate termination of your access to the Services.
This Site and the Services are intended for adults. By accessing or using the Site and agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and in California that you are over age 16. If you are the parent or guardian of a minor that you have authorized to access this Site, you certify that you have given your consent to allow said minor dependents to use this Site and the Services.
SECTION 2 - CHANGES TO THE TERMS OF SERVICE
Any new services, features, or tools which are added to the current Site shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 3 - OUR CONTENT/INTELLECTUAL PROPERTY
All content, features, and functionality provided by us on the Site are owned or licensed by KonMari and protected by copyright, trademark, and other proprietary and intellectual property rights. You may access the Site or use the Services for your own personal, non-commercial use only. You agree not to reproduce, duplicate, copy, store, display, perform, distribute, create derivative works from, sell, resell or exploit any portion of the Site or Services, use of the Services, or access to the Services or to any contact on the website through which the Services are provided, without express written permission by us. You may not use any of our trademarks, service marks, trade dress, trade names or the like without our express authorization.
The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We reserve the right to modify the contents of this Site at any time, but we disclaim any obligation to ensure that all information provided is accurate, complete, or current at any given time. Any opinions or statements by or attributed to third parties on the Site are their own. Any reliance on the material on this Site by you is entirely at your own risk and we will not be liable for any such reliance.
SECTION 4 – THIRD-PARTY LINKS, MATERIALS, AND SERVICES
Certain content, information, products, and services available via our Site and Services may include materials from third parties. For example, we may provide you with access to optional third-party tools over which we have no control or input. You acknowledge and agree that we provide access to any such tools as a convenience only, and that such tools are provided by us on an ”as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of optional third-party tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s). We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Certified Consultants listed on our Site are independent contractors. As such, Consultants are the providers of their own services through their own independent businesses and KonMari is not responsible for their provision of services to you. KonMari provides contact information for these Consultants for your convenience in contacting them. KonMari requires that designated KonMari Consultants demonstrate sufficient experience and knowledge of the KonMari method of tidying and that they comply with our other brand license guidelines, but each Consultant determines her or his own prices, session lengths, and business methods. Please contact us at firstname.lastname@example.org to provide feedback or comments regarding any Consultant services.
We work with several third parties to facilitate the purchase and delivery of our products and Services to you, including this Site. Our online store, available via the “Shop” subdomain of our Site, is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. We leverage the Vimeo OTT platform to manage your purchase and viewing of video content made available via the KonMari Learning tab on the “Learn” subdomain of our Site. In order to purchase and view video content, you must create an account via the Vimeo OTT Service, and the Viewer Terms of Service Addendum at the end of these Terms of Service, incorporated here by this reference, govern your use of the Vimeo OTT Service to purchase and view KonMari video content.
Some third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of products or information provided on such sites, and we do not warrant and will have no liability for any third-party websites, nor for any materials, products, or services of third-parties provided thereby. We are not liable for any harm or damages related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction there. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 5 - USER-SUBMITTED CONTENT
To the extent we offer any feature on the Site for Site users to post content that is visible to other Site visitors, including any discussion board or user forum for comments (“Comments”), you agree that any Comments or other content you submit or post will not violate any right of any third-party, including copyright, trademark, privacy, publicity or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party. We may, but have no obligation to, monitor, edit or remove Comments or other content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates our publication standards or any party’s intellectual property rights or these Terms of Service.
You maintain any intellectual property rights you may have in any Comments or other content you post on our Site, subject to the following license: By posting, uploading or otherwise submitting for publication any Comments or other content on our Site or Services, you grant KonMari and our affiliates a non-exclusive, worldwide, perpetual, royalty-free, transferrable license, with the right of sub-license, to use, reproduce, publish, distribute, display, transmit, and create derivative works from such Comments and other content, for any purpose, in any medium, without compensation, attribution, or other obligation to you. You agree not to submit any Comments or other content unless you have the right and agree to grant us such license for its use.
If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we shall own all rights, title and license to any Feedback, and therefore may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
SECTION 6 - PROHIBITED USES OF THE SITE OR SERVICES
In addition to any other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content or the Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, the Services, any other websites or the Internet or do harm to the devices of any Site users; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape or otherwise repurpose any Site or Services content; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or Services. We reserve the right to terminate your use of the Services or any related website for engaging in any of the prohibited uses.
SECTION 7 – REGISTRATION/PERSONAL INFORMATION
It is your obligation to keep any login or account credentials secure from unauthorized use and not to share any login information with any third party. You agree to notify us immediately of any breach of security related to your account credentials, including any unauthorized access to or appropriation of your username or password. We maintain the right to disable the use of any username or to force reset of any password for security or other reasons.
SECTION 8 - ONLINE STORE TERMS
We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store, but colors as displayed on your computer monitor may vary. We do not warrant that the appearance or quality of any products, Services, or other materials purchased or obtained by you via our Site will meet your expectations. You acknowledge that although we endeavor to be as accurate as possible, occasionally there may be information on our Site or Services that contains typographical errors or inadvertent inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, and we reserve the right to correct these errors when discovered. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion.
Our Return Policy, available in the FAQ on our Shop pages, governs all product returns and exchanges for the online store. Certain products or Services may have limited quantities and/or be subject to limited return or exchange only, according to our Return Policy. The FAQ in our Events subdomain provides information about refunds for Consultant Certification courses, and the Viewer Terms of Service Addendum governs returns or refunds relating to video viewing purchases.
Please see our FAQ regarding shipping to view our current shipping policies for Shop products, including information about where we ship. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. You may not use our products for any illegal or unauthorized purpose, and you are responsible for ensuring your compliance with the laws in your jurisdiction as they may relate to the purchase or use of any products offered on our Site or via our Services. Any offer for any product or Service made on this Site is void where prohibited.
We reserve the right to refuse any order you place with us, or to discontinue any product at any time. We reserve the right to limit, prohibit, or cancel orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We may also limit the quantities of any products or Services purchased per person, per household or per order in our sole discretion. These restrictions may include orders placed by or under the same customer account, with the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our online store. You agree to promptly update your account and other information for any changes, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Site, Services, and all products and Services delivered to you through the Site and Services are (except as expressly stated otherwise by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, and KonMari disclaims any and all implied warranties including merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent, or warrant that your use of our Site or Services will be uninterrupted, timely, completely secure, or error-free. You acknowledge that from time to time the Site or Services may be unavailable for indefinite periods of time for maintenance or other purposes, without prior notice to you.
In no case shall KonMari, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Site, Services, or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility, and in no event will the aggregate liability of KonMari arising from, relating to, or in connection with your use of the Site, Services, or any products exceed the greater of the amount paid to us for such products or Services or $50. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages as a category or for limitation of liability for consequential or indirect damages resulting from gross negligence or willful misconduct, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KonMari and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made against us by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 11 - TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. We may terminate these Terms of Service, and thus terminate your access to the Site and Services, at any time without prior notice if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes, including any payment amounts owing by you at the time of termination.
SECTION 12 - ENTIRE AGREEMENT
These Terms of Service, including any Addenda and any policies or operating rules posted by us on this Site or in regard to the Services, constitutes the entire agreement and understanding between you and us governing your use of the Site and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 13 - GOVERNING LAW, WAIVER, CONSTRUCTION, SEVERABILITY
These Terms of Service shall be governed by and construed in accordance with the laws of California.
Any failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver by us of such right or provision.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 - CONTACT INFORMATION
Viewer Terms of Service Addendum for KonMari Videos
on the Vimeo OTT Platform
KonMari Media, Inc. (“KonMari”) has elected to use an online platform operated by Vimeo, Inc. (the “Vimeo OTT Service”) that allows consumers like you to view video programs (“Programs”) from content owners and producers like KonMari through our Site, subject to this Viewer Terms of Service Addendum for KonMari Videos on the Vimeo OTT Platform (“Addendum”).
SECTION 1 - Acceptance
By creating an account, viewing videos, making a purchase, downloading any KonMari-branded applications powered by Vimeo OTT, or otherwise visiting or using the Vimeo OTT Service in relation to KonMari Programs, you accept this Addendum and consent to contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses the Vimeo OTT Service must have the authority to bind the entity. In this context, “you” means both the entity and each person who is authorized to access the account.
We may update this Addendum by posting a revised version on our website. By continuing to use the Vimeo OTT Service in relation to KonMari Programs, you accept any revised Addendum.
You may terminate the Addendum at any time by deleting your account. KonMari reserves the right to suspend or terminate your account for your breach of the terms hereof, in which case you may not re-register.
SECTION 2 - Accounts
Registration: You must create an account to use certain features we offer (e.g., to view a Program). To do so, you must provide an email address. By creating an account, you agree to receive notices at this email address from KonMari and/or Vimeo in relation to your account and the KonMari Programs you purchase.
Age Requirements: You may not create an account if you are younger than 16 years of age. By creating an account, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Vimeo OTT Service.
Parents and Guardians: By granting your child permission to use the Vimeo OTT Service through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.
Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.
SECTION 3 - Privacy
By creating an account, you agree that the Vimeo OTT Service will collect and process on our behalf your account information and account activities, such as the viewing and purchase of KonMari’s Programs, and your contact information.
SECTION 4 - Program Viewing and Purchase Options
KonMari may offer one or more of the following purchase and viewing options through our Site:
- Purchase: After paying the stated fee, you may stream the Program an unlimited number of times via the Vimeo OTT Service. For certain Programs only, KonMari may make available the option to download the Program.
- Rental: After paying the stated fee, you may stream the Program an unlimited number of times via the Vimeo OTT Service during the stated rental period.
- Subscription: For a recurring fee, you may stream the Programs offered within KonMari’s subscription channel an unlimited number of times during your subscription period via the Vimeo OTT Service. KonMari may add or remove Programs from the channel at any time.
To make a purchase, you must provide a valid payment method. We may apply taxes, including VAT (value-added tax), to any charges. Prices and other terms of purchase are subject to change. If KonMari provides you access to a Program on a free basis, such access will be deemed a “purchase” for the purposes of other provisions of this Addendum except payment.
ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.
To the extent KonMari offers a Subscription option, the following additional terms apply to that option:
Free trials and Discounts: KonMari may offer free-trial or discounted subscriptions. When a free-trial period ends, your paid subscription begins (unless you have cancelled) and you must pay the full monthly or annual fee. If KonMari provides a discount for the first subscription period, you must pay the discounted fee; in any renewal, you must pay the full fee.
Automatic Renewal: To the extent permitted by applicable law, subscriptions automatically renew for the subscription period until you cancel. Your payment method will be charged at the beginning of each subscription period. If a Purchaser offers a free-trial period, your payment method will be charged at the end of the free-trial period unless you cancel before the end of that period. How to Decline Renewal: To pause or cancel a subscription, visit your account settings. Your changes will be applied to your next subscription period.
In-App Purchase: KonMari may allow you to purchase subscriptions within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for subscriptions, access your app platform’s account settings (not the Vimeo OTT Service). Any billing inquiries for these purchases should be directed to the app platform.
SECTION 5 - Licenses and Intellectual Property
License to Programs: Subject to the terms hereof, you have the right to stream and/or (if offered) download for your personal entertainment purposes only: (i) Programs that you have rented during the stated rental period; (ii) Programs that you have purchased; and (iii) Programs made available within a channel to which you have subscribed, during your subscription period.
Restrictions: You may not resell streams or downloads, use any Program for any commercial purpose, redistribute or retransmit any Program, publicly perform or display any Program, or make derivative works from any Program. All rights not expressly granted herein are reserved by KonMari.
Vimeo OTT Service: Subject to the terms hereof, Vimeo grants you permission to use the Vimeo OTT Service for the sole purpose of viewing Programs for your personal entertainment. All rights not expressly granted by Vimeo are reserved.
KonMari Apps: To the extent offered, if you download a KonMari application powered by Vimeo (an “app”) that operates on a third-party platform (e.g., iOS, Roku): (i) you have the right to use such app for your personal, non-commercial use on devices permitted by the third-party platform operator; (ii) as between Vimeo and the platform operator (but without creating any obligation by Vimeo), Vimeo shall be responsible for the apps and their content and providing any warranty, support, or indemnification with respect to such apps as required by law; and (iii) the platform operator shall have the right to enforce the terms of this clause with respect to your use of the app.
Your Feedback: To the extent that you make suggestions to Vimeo on improving the Vimeo OTT Service or products or provide any other unsolicited content to Vimeo (“Vimeo Feedback”), Vimeo shall own all rights, title and license to said Vimeo Feedback, and may use Vimeo Feedback without any compensation to you.
SECTION 6 - Acceptable Use Policy
We may allow you to upload, submit, or publish (collectively, to "submit") content such as images and text (collectively, "content"). Any content submitted via the Vimeo OTT Service on the KonMari Site, and your conduct on any portion of the Site that permits you to submit content, must comply with the Acceptable Use Policy set forth in this Section 6 of this Addendum. Vimeo may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Vimeo may take all appropriate actions to enforce this Acceptable Use Policy on behalf of KonMari, including removing specific videos or suspending or removing your account.
6.1 Copyright Policy
You may only upload content that you have the right to upload and share. Copyright owners may send Vimeo a takedown notice as stated in Vimeo’s Copyright Policy if they believe Vimeo is hosting infringing materials. Vimeo will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.
6.2 Content Restrictions
You may not submit any content that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims about vaccination safety;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
6.3 Code of Conduct
In using the Vimeo OTT Service, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity; or
- Cause or encourage others to do any of the above.
6.4 Prohibited Technical Measures
You will not:
- Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Vimeo OTT Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- Submit any malicious program, script, or code;
- Submit an unreasonable number of requests to our servers; or
- Take any other actions to manipulate, interfere with, or damage the Vimeo OTT Service.
6.5 Restricted Users
You may not create an account if you are a member of a terror or hate group. You may not purchase any Programs from us if you reside in a country subject to a comprehensive U.S. sanctions program or are a Specifically Designated National (SDN) as designated by the U.S. Department of the Treasury.
SECTION 7 - Disclaimers
YOUR USE OF THE VIMEO OTT SERVICE AND ANY PROGRAM IS AT YOUR OWN RISK. VIMEO PROVIDES THE VIMEO OTT SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KONMARI PROVIDES PROGRAMS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. VIMEO AND KONMARI EACH DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, neither KonMari nor Vimeo make any representations or warranties concerning:
- The availability of the Vimeo OTT Service in a particular jurisdiction.
- The availability of the Vimeo OTT Service for any particular device, operating system, or browser.
- The continued support for a particular feature of the Vimeo OTT Service.
- The viewing quality of any Program. We do not guarantee that you will be able to use the Vimeo OTT Service at all times, or view any Program uninterrupted, error-free or displayed at any particular resolution. The quality of your viewing experience depends on a number of factors, including your viewing device and the quality of your Internet connection.
- The content of any Program or the suitability of any Program for any audience. All opinions and statements expressed by or in Programs (or related materials) are those of KonMari and/or persons involved in the production of the Program.
- The continued availability of any Program or the availability of particular Program within a subscription channel. Programs may be withdrawn at any time without notice.
The Vimeo OTT Service may provide links to other third-party websites. Neither KonMari nor Vimeo is responsible for the content of, or any interactions or transactions that may take place on or through, any third-party website. To the extent that the Vimeo OTT Service provides links to other Vimeo websites, KonMari is not responsible for the content of, nor any interactions or transactions that may take place on or through such websites.
SECTION 8 - Limitation of Liability
IN RELATION TO THIS ADDENDUM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER VIMEO NOR KONMARI, INCLUDING EACH OF THEIR PARENT COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND PARTNERS, SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; (II) DAMAGES RELATING TO ANY DISPUTE BETWEEN YOU AND ANOTHER VIMEO OTT SERVICE USER; OR (III) DAMAGES EXCEEDING THE GREATER OF USD $50 OR THE AMOUNTS PAID BY YOU TO VIMEO OVER THE 12 MONTHS PRECEDING THE FILING OF YOUR CLAIM.
The foregoing limitations apply to all claims in relation to this Addendum or the services governed by it, whether based on warranty, contract, tort, or any other legal theory, whether or not Vimeo or KonMari has been informed of the possibility of such damage, and whether a remedy set forth herein is found to have failed its essential purpose. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion or limitation of liability as set forth above, so these limitations above may not apply to you.
SECTION 9 - Indemnification
You shall indemnify, defend, and hold harmless Vimeo and KonMari, and each of their parent companies, directors, officers, employees, representatives, consultants, agents, suppliers, and partners, from any liability, damages, losses, and costs (including attorneys’ fees), resulting from a third-party claim, demand, regulatory action, investigation or other proceeding, arising from: (i) your unauthorized use of any Program; (ii) your breach of this Addendum or violation of any law or third-party right; or (iii) any content that you upload or submit to us via the Vimeo OTT Service.
SECTION 10 - Jury Waiver; Class Action Waiver
EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM ARISING UNDER THIS ADDENDUM.
SECTION 11 - General Provisions
No Third Party Rights: No third parties shall have any rights under this Addendum.
Force Majeure: Neither Vimeo nor KonMari shall be liable for any failure or delay in performance of its obligations under this Addendum arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes, acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
U.S. Export Compliance: You may not use the Vimeo OTT Service if (i) you are personally subject to U.S. government sanctions or (ii) you are located in a country that is subject to U.S. Government sanctions such that your use of the Vimeo OTT Service would violate U.S. law. You represent and warrant that you are not subject to such sanctions. Any offers or discounts relating to Programs or the Vimeo OTT Service are void where prohibited by law.
Entire Addendum: This Addendum incorporates by reference the Vimeo OTT Copyright Policy. Except for links to this document, links to other pages or terms pages on the Vimeo website or any third party materials are for convenience or information only and do not form part of this Addendum.
This Addendum sets forth the entire understanding between you and KonMari concerning your use of the Vimeo OTT Service and supersedes all prior agreements regarding the same. This Addendum may only be modified by us. Any changes will be posted to the KonMari Site and will apply prospectively.
Support Contact: If you have any support questions regarding the Vimeo OTT Service or the Programs, please contact email@example.com.