---
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- 726
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- Terms of Service
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- https://www.wanikani.com/terms
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- ''
text:
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- " <p>The new Terms of Service below will be active on December 12, 2018.\nUntil
then the outgoing Terms of Service can be found here.</p> Terms of Service <p>Thank
you for using WaniKani! We’re happy you’re here.\nPlease read this Terms of Service
Agreement carefully before accessing or using WaniKani.\nBecause it is such an important
contract between us and our users, we have tried to make it as clear as possible.\nFor
your convenience, we have presented these terms in a short non-binding summary followed
by the full legal terms.</p> Summary Section What can you find there? A.\nDefinitions
Some basic terms, defined in a way that will help you understand this Agreement.\nRefer
back up to this section for clarification.\nB.\nAccount Terms These are the basic
requirements of having an account on WaniKani.\nC.\nAcceptable Use These are the
basic rules you must follow when using your WaniKani account.\nD.\nUser-Generated
Content You own the content you post on WaniKani.\nHowever, you have some responsibilities
regarding it, and we ask you to grant us some rights so we can provide Services
to you.\nE.\nCopyright &.\nDMCA Policy This section talks about how WaniKani
will respond if you believe someone is infringing your copyrights on WaniKani.\nF.\nIntellectual
Property Notice This describes WaniKani’s rights in the Website and Service.\nG.\nAPI
Terms These are the rules for using WaniKani’s APIs, whether you are using the API
for development or data collection.\nH.\nAdvertising on WaniKani If you want to
promote your content on WaniKani, this section lays out some rules you must follow.\nI.\nPayment
You are responsible for payment.\nWe are responsible for billing you accurately.\nJ.\nCancellation
and Termination You may cancel this Agreement and close your account at any time.\nK.\nCommunications
with Tofugu We only use email and other electronic means to stay in touch with our
users.\nWe do not provide phone support.\nL.\nDisclaimer of Warranties We provide
our Service as is, and we make no promises or guarantees about this Service.\n<strong>Please
read this section carefully.\nyou should understand what to expect.</strong> M.\nLimitation
of Liability We will not be liable for damages or losses arising from your use or
inability to use the Service or otherwise arising under this Agreement.\n<strong>Please
read this section carefully.\nit limits our obligations to you.</strong> N.\nRelease
and Indemnification You are fully responsible for your use of the Service.\nO.\nChanges
to These Terms We may modify this Agreement, but we will give you 30 days notice
of changes that affect your rights.\nP.\nMiscellaneous Please see this section for
legal details including our choice of law.\nThe WaniKani Terms of Service <p>Effective
date: December 12, 2018</p> A.\nDefinitions <p>\n<strong>Short version:</strong>\n<em>We
use these basic terms throughout the Agreement, and they have specific meanings.\nYou
should know what we mean when we use each of the terms.\nThere’s not going to be
a test on it, but it’s still useful information.</em>\n</p>\n<ol>\n<li>“Agreement”
refers, collectively, to all the terms, conditions, notices contained or referenced
in this document (the “Terms of Service” or the “Terms”) and all other operating
rules, policies (including the WaniKani Privacy Policy, available at wanikani.com/privacy)
and procedures that we may publish from time to time on the Website.</li>\n<li>“Content”
refers to content featured or displayed through the Website, including without limitation
text, data, articles, images, photographs, graphics, software, applications, designs,
features, and other materials that are available on the Website or otherwise available
through the Service.\n“Content” also includes Services.\n“User-Generated Content”
is Content, written or otherwise, created or uploaded by our Users.\n“Your Content”
is Content that you create or own.</li>\n<li>“Service” refers to the applications,
software, products, and services provided by Tofugu.</li>\n<li>“Tofugu,” “We,” and
“Us” refer to Tofugu, LLC., as well as our affiliates, directors, subsidiaries,
contractors, licensors, officers, agents, and employees.</li>\n<li>“User,” “You,”
and “Your” refer to the individual person, company, or organization that has visited
or is using the Website or Service.\nthat accesses or uses any part of the account.\nor
that directs the use of the account in the performance of its functions.\nA User
must be at least 13 years of age.\nSpecial terms may apply for business or government
accounts (See Section B.4): Additional Terms).</li>\n<li>“Website” or “WaniKani”
refers to Tofugu’s website located at wanikani.com, and all content, Services, and
products provided by Tofugu at or through the Website.\nIt also refers to Tofugu-owned
subdomains of wanikani.com, such as api.wanikani.com.\nOccasionally, Websites owned
by Tofugu may provide different or additional terms of service.\nIf those additional
terms conflict with this Agreement, the more specific terms apply to the relevant
page or Service.</li>\n</ol> B.\nAccount Terms <p>\n<strong>Short version:</strong>\n<em>A
human must create your account.\nyou must be 13 or over.\nand you must provide a
valid email address.\nYou alone are responsible for your account and anything that
happens while you are signed in to or using your account.\nYou are responsible for
keeping your account secure.</em>\n</p> 1.\nRequired Information <p>You must provide
a valid email address in order to complete the signup process.\nAny other information
requested, such as your real name, is optional, unless you are accepting these terms
on behalf of a legal entity (in which case we need more information about the legal
entity) or if you opt for a paid account, in which case additional information will
be necessary for billing purposes.</p> 2.\nAccount Requirements <p>We have a few
simple rules for accounts on WaniKani’s Service.</p>\n<ul>\n<li>You must be a human
to create an account.\nAccounts registered by “bots” or other automated methods
are not permitted.</li>\n<li>You must be age 13 or older.\nWhile we are thrilled
to see brilliant young people excited to learn Japanese, we must comply with United
States law.\nWaniKani does not target our Service to children under 13, and we do
not permit any Users under 13 on our Service.\nIf we learn of any User under the
age of 13, we will terminate that User’s account immediately.\nIf you are a resident
of a country outside the United States, your country’s minimum age may be older.\nin
such a case, you are responsible for complying with your country’s laws.</li>\n<li>You
may not use as a username that is a name or trademark that is subject to any rights
of another person or entity without appropriate authorization.\nYou may not use
a name that is otherwise offensive, vulgar, or obscene.</li>\n<li>Your login may
only be used by one person — i.e., a single login may not be shared by multiple
people.</li>\n</ul> 3.\nUser Account Security <p>You are responsible for keeping
your account secure while you use our Service.</p>\n<ul>\n<li>You are responsible
for all content posted and activity that occurs under your account.</li>\n<li>You
are responsible for maintaining the security of your account and password.\nWaniKani
cannot and will not be liable for any loss or damage from your failure to comply
with this security obligation.</li>\n<li>You will promptly notify WaniKani if you
become aware of any unauthorized use of, or access to, our Service through your
account, including any unauthorized use of your password or account.</li>\n</ul>
4.\nAdditional Terms <p>In some situations, third parties’ terms may apply to your
use of WaniKani.\nFor example, you may download an application that integrates with
WaniKani.\nPlease be aware that while these Terms are our full agreement with you,
other parties’ terms govern their relationships with you.</p> C.\nAcceptable Use
<p>\n<strong>Short version:</strong>\n<em>While using the Service, you must follow
this Acceptable Use Policy, which includes some restrictions on content you can
post, conduct on the Service, and other limitations.\nIn short, be excellent to
each other.</em>\n</p> 1.\nCompliance with Laws and Regulations <p>Your use of the
Website and Service must not violate any applicable laws, including copyright or
trademark laws, export control laws, or other laws in your jurisdiction.\nYou are
responsible for making sure that your use of the Service is in compliance with laws
and any applicable regulations.</p> 2.\nContent Restrictions <p>You agree that you
will not under any circumstances upload, post, host, or transmit any content that:</p>\n<ul>\n<li>is
unlawful or promotes unlawful activities;</li>\n<li>is or contains sexually obscene
content;</li>\n<li>is libelous, defamatory, or fraudulent;</li>\n<li>is discriminatory
or abusive toward any individual or group;</li>\n<li>contains or installs any active
malware or exploits, or uses our platform for exploit delivery (such as part of
a command and control system).\nor</li>\n<li>infringes on any proprietary right
of any party, including patent, trademark, trade secret, copyright, right of publicity,
or other rights.</li>\n</ul> 3.\nConduct Restrictions <p>While using WaniKani, you
agree that you will not under any circumstances:</p>\n<ul>\n<li>harass, abuse, threaten,
or incite violence towards any individual or group, including Tofugu employees,
officers, and agents, or other WaniKani Users;</li>\n<li>use our servers for any
form of excessive automated bulk activity (for example, spamming), or relay any
other form of unsolicited advertising or solicitation through our servers, such
as get-rich-quick schemes;</li>\n<li>attempt to disrupt or tamper with Tofugu’s
servers in ways that could harm our Website or Service, to place undue burden on
Tofugu’s servers through automated means, or to access Tofugu’s Service in ways
that exceed your authorization;</li>\n<li>impersonate any person or entity, including
any of our employees or representatives, including through false association with
Tofugu, or by fraudulently misrepresenting your identity or site’s purpose.\nor</li>\n<li>violate
the privacy of any third party, such as by posting another person’s personal information
without consent.</li>\n</ul> 4.\nServices Usage Limits <p>You agree not to reproduce,
duplicate, copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service without Tofugu’s express written permission.</p>
5.\nScraping <p>Scraping refers to extracting data from our Website via an automated
process, such as a bot or webcrawler.\nIt does not refer to the collection of information
through WaniKani’s API.\nPlease see Section G for our API Terms.\nYou may scrape
the Website for the following reasons:</p>\n<ul>\n<li>Researchers may scrape public,
non-personal information from WaniKani for research purposes, only if any publications
resulting from that research are open access.</li>\n<li>Archivists may scrape WaniKani
for public data for archival purposes.</li>\n</ul>\n<p>You may not scrape WaniKani
for spamming purposes, including for the purposes of selling WaniKani users’ personal
information, such as to advertisers, recruiters, or job boards.</p>\n<p>All use
of WaniKani data gathered through scraping must comply with the WaniKani Privacy
Policy.</p> 6.\nPrivacy <p>Misuse of WaniKani Users’ Personal Information is prohibited.</p>\n<p>Any
person, entity, or service collecting data from WaniKani must comply with the WaniKani
Privacy Policy, particularly in regards to the collection of our Users’ Personal
Information (as defined in the WaniKani Privacy Policy).\nIf you collect any WaniKani
User’s Personal Information from WaniKani, you agree that you will only use the
Personal Information you gather for the purpose for which our User has authorized
it.\nYou agree that you will reasonably secure any Personal Information you have
gathered from WaniKani, and you will respond promptly to complaints, removal requests,
and “do not contact” requests from Tofugu or WaniKani Users.</p> 7.\nExcessive Bandwidth
Use <p>If we determine your bandwidth usage to be significantly excessive in relation
to other WaniKani customers, we reserve the right to suspend your account or throttle
your access until you can reduce your bandwidth consumption.</p> 8.\nUser Protection
<p>You agree not to engage in activity that significantly harms our Users.\nWe will
resolve disputes in favor of protecting our Users as a whole.</p> D.\nUser-Generated
Content <p>\n<strong>Short version:</strong>\n<em>You own content you create, but
you allow us certain rights to it, so that we can display and share the content
you post.\nYou still have control over your content, and responsibility for it,
and the rights you grant us are limited to those we need to provide the Service.\nWe
have the right to remove content or close accounts if we need to.</em>\n</p> 1.\nResponsibility
for User-Generated Content <p>You may create or upload User-Generated Content while
using the Service.\nYou are solely responsible for the content of, and for any harm
resulting from, any User-Generated Content that you post, upload, link to or otherwise
make available via the Service, regardless of the form of that Content.\nWe are
not responsible for any public display or misuse of your User-Generated Content.</p>
2.\nTofugu May Remove Content <p>We do not pre-screen User-Generated Content, but
we have the right (though not the obligation) to refuse or remove any User-Generated
Content that, in our sole discretion, violates any Tofugu terms or policies.</p>
3.\nOwnership of Content, Right to Post, and License Grants <p>You retain ownership
of and responsibility for Content you create or own (“Your Content”).\nIf you’re
posting anything you did not create yourself or do not own the rights to, you agree
that you are responsible for any Content you post.\nthat you will only submit Content
that you have the right to post.\nand that you will fully comply with any third
party licenses relating to Content you post.</p>\n<p>Because you retain ownership
of and responsibility for Your Content, we need you to grant us — and other WaniKani
Users — certain legal permissions, listed in Sections D.4–D.5.\nThese license grants
apply to Your Content.\nIf you upload Content that already comes with a license
granting Tofugu the permissions we need to run our Service, no additional license
is required.\nYou understand that you will not receive any payment for any of the
rights granted in Sections D.4–D.5.\nThe licenses you grant to us will end when
you remove Your Content from our servers.</p> 4.\nLicense Grant to Us <p>We need
the legal right to do things like host Your Content, publish it, and share it.\nYou
grant us and our legal successors the right to store, parse, and display Your Content,
and make incidental copies as necessary to render the Website and provide the Service.\nThis
includes the right to do things like copy it to our database and make backups.\nshow
it to you and other users.\nparse it into a search index or otherwise analyze it
on our servers.\nshare it with other users.\nand perform it, in case Your Content
is something like music or video.</p>\n<p>This license does not grant Tofugu the
right to sell Your Content or otherwise distribute or use it outside of our provision
of the Service.</p> 5.\nMoral Rights <p>You retain all moral rights to Your Content
that you upload, publish, or submit to any part of the Service, including the rights
of integrity and attribution.\nHowever, you waive these rights and agree not to
assert them against us, to enable us to reasonably exercise the rights granted in
Section D.4, but not otherwise.</p>\n<p>To the extent this Agreement is not enforceable
by applicable law, you grant Tofugu the rights we need to use Your Content without
attribution and to make reasonable adaptations of Your Content as necessary to render
the Website and provide the Service.</p> E.\nCopyright Infringement and DMCA Policy
<p>If you believe that content on our Website violates your copyright, please contact
us in accordance with our Digital Millennium Copyright Act Policy.\nIf you are a
copyright owner and you believe that content on WaniKani violates your rights, please
contact us by emailing copyright@wanikani.com.\nThere may be legal consequences
for sending a false or frivolous takedown notice.\nBefore sending a takedown request,
you must consider legal uses such as fair use and licensed uses.</p>\n<p>We disable
and terminate the accounts of users who may infringe upon the copyrights or other
intellectual property rights of Tofugu or others, in appropriate circumstances and
at our sole discretion.</p> F.\nIntellectual Property Notice <p>\n<strong>Short
version:</strong>\n<em>We own the Service and all of our content.\nIn order for
you to use our content, we give you certain rights to it, but you may only use our
content in the way we have allowed.</em>\n</p> 1.\nTofugu’s Rights to Content <p>Tofugu
and our licensors, vendors, agents, and/or our content providers retain ownership
of all intellectual property rights of any kind related to the Website and Service.\nWe
reserve all rights that are not expressly granted to you under this Agreement or
by law.\nThe look and feel of the Website and Service is copyright © Tofugu, LLC.\nAll
rights reserved.\nYou may not duplicate, copy, or reuse any portion of the HTML/CSS,
Javascript, or visual design elements or concepts without express written permission
from Tofugu.</p> 2.\nLicense to Tofugu Policies <p>This Agreement is licensed under
this Creative Commons Zero license.\nFor details, see our site-policy repository.</p>
G.\nAPI Terms <p>\n<strong>Short version:</strong>\n<em>You agree to these Terms
of Service, plus this Section G, when using any of WaniKani’s APIs (Application
Provider Interface), including use of the API through a third party product that
accesses WaniKani.</em>\n</p>\n<p>No Abuse or Overuse of the API</p>\n<p>Abuse or
excessively frequent requests to WaniKani via the API may result in the temporary
or permanent suspension of your account’s access to the API.\nTofugu, in our sole
discretion, will determine abuse or excessive usage of the API.\nWe will make a
reasonable attempt to warn you via email prior to suspension.</p>\n<p>You may not
share API tokens to exceed WaniKani’s rate limitations.</p>\n<p>You may not use
the API to download data or Content from WaniKani for spamming purposes, including
for the purposes of selling WaniKani users’ personal information, such as to recruiters,
headhunters, and job boards.</p>\n<p>All use of the WaniKani API is subject to these
Terms of Service and the WaniKani Privacy Policy.</p>\n<p>Tofugu may offer subscription-based
access to our API for those Users who require high-throughput access or access that
would result in resale of Tofugu’s Service.</p> H.\nAdvertising on WaniKani <p>\n<strong>Short
version:</strong>\n<em>We generally prohibit the use of WaniKani for advertising,
so it does not become a spam haven.\nNo one wants that.</em>\n</p>\n<p>Advertising
Content is limited to the promotion of personal projects or personal professional
development.\nAny advertising for a business entity is prohibited without approval
by Tofugu.</p>\n<p>Any Advertising Content, like all Content, must not violate the
law or these Terms of Use, such as the restrictions on appropriate use of WaniKani.\nWe
reserve the right to remove any advertisements that, in our sole discretion, violate
any Tofugu terms or policies.</p> I.\nPayment <p>\n<strong>Short version:</strong>\n<em>You
are responsible for any fees associated with your use of WaniKani.\nWe are responsible
for communicating those fees to you clearly and accurately, and letting you know
well in advance if those prices change.</em>\n</p> 1.\nPricing <p>Our pricing and
payment terms are available at wanikani.com/account/subscription.\nIf you agree
to a subscription price, that will remain your price for the duration of the payment
term.\nhowever, prices are subject to change at the end of a payment term.\nDecreases
in a subscription price may be applied in the middle of a payment term.</p> 2.\nUpgrades,
Downgrades, and Changes <ul>\n<li>We will immediately bill you when you upgrade
from the free plan to any paying plan.</li>\n<li>If you change your level of service,
we will prorate the cost difference and apply any charges or discounts immediately.</li>\n<li>You
may change your level of service at any time by choosing a plan option or going
into your subscription settings.\nIf you choose to downgrade your account, you may
lose access to Content, features, or capacity of your account.</li>\n</ul> 3.\nBilling
Schedule.\nRefunds <ul>\n<li>For monthly or yearly payment plans, the Service is
billed in advance on a monthly or yearly basis respectively.\nFor lifetime plans,
the Service is billed once at time of purchase.</li>\n<li>Refunds may be requested
within 60 days of payment for any level of service, for any reason.</li>\n</ul>
4.\nAuthorization <p>By agreeing to these Terms, you are giving us permission to
charge your on-file credit card, PayPal account, or other approved methods of payment
for fees that you authorize for WaniKani.</p> 5.\nResponsibility for Payment <p>You
are responsible for all fees, including taxes, associated with your use of the Service.\nBy
using the Service, you agree to pay Tofugu any charge incurred in connection with
your use of the Service.\nIf you dispute the matter, contact our support team.\nYou
are responsible for providing us with a valid means of payment for paid accounts.\nFree
accounts are not required to provide payment information.</p> J.\nCancellation and
Termination <p>\n<strong>Short version:</strong>\n<em>You may close your account
at any time.\nIf you do, we’ll treat your information responsibly.</em>\n</p> 1.\nAccount
Cancellation <p>You can cancel your subscription at any time via the subscription
settings.\nYour access to paid content and features will remain in effect until
the end of your current billing period.\nAt the end of the billing period, access
to paid content and features will be revoked, though your account will still be
accessible and you can re-subscribe at any time.\nAs part of keeping your account
accessible, we will retain your data indefinitely, or until such time that you request
an account deletion.</p> 2.\nAccount Deletion <p>It is your responsibility to properly
delete your account with WaniKani.\nYou can delete your account at any time by going
into your settings in the global navigation bar at the top of the screen and then
navigating to the “Danger Zone” section.\nThe Danger Zone screen provides a simple
account deletion link, though email confirmation of the action is required.\nWe
are not able to delete accounts in response to an email or phone request.</p> 3.\nUpon
Deletion <p>We will retain and use your information as necessary to comply with
our legal obligations, resolve disputes, and enforce our Agreements, but barring
legal requirements, we will delete your full profile immediately.\nNote that some
information may remain in secure backups.\nThis information can not be recovered
once your account is deleted.</p>\n<p>We will not delete Content that you have contributed
to the community forums, but it will be publicly anonymized.</p>\n<p>Upon request,
we will make a reasonable effort to provide an account owner with a copy of your
lawful, non-infringing account contents before account cancellation, deletion, termination,
or downgrade.</p> 4.\nTofugu May Terminate <p>Tofugu has the right to suspend or
terminate your access to all or any part of the Website at any time, with or without
cause, with or without notice, effective immediately.\nTofugu reserves the right
to refuse service to anyone for any reason at any time.</p> 5.\nSurvival <p>All
provisions of this Agreement which by their nature should survive termination will
survive termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.</p> K.\nCommunications with
Tofugu <p>\n<strong>Short version:</strong>\n<em>We use email and other electronic
means to stay in touch with our users.</em>\n</p> 1.\nElectronic Communication Required
<p>For contractual purposes, you (1) consent to receive communications from us in
an electronic form via the email address you have submitted or via the Service.\nand
(2) agree that all Terms of Service, Agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal requirement
that those communications would satisfy if they were on paper.\nThis section does
not affect your non-waivable rights.</p> 2.\nLegal Notice to Tofugu Must Be in Writing
<p>Communications made through email or WaniKani Support’s messaging system will
not constitute legal notice to Tofugu or any of its officers, employees, agents
or representatives in any situation where notice to Tofugu is required by contract
or any law or regulation.\nLegal notice to Tofugu must be in writing and served
on Tofugu’s legal agent.</p> 3.\nNo Phone Support <p>WaniKani only offers support
via email, in-Service communications, and electronic messages.\nWe do not offer
telephone support.</p> L.\nDisclaimer of Warranties <p>\n<strong>Short version:</strong>\n<em>We
provide our Service as is, and we make no promises or guarantees about this Service.\nPlease
read this section carefully.\nyou should understand what to expect.</em>\n</p>\n<p>Tofugu
provides the Website and the Service “as is” and “as available,” without warranty
of any kind.\nWithout limiting this, we expressly disclaim all warranties, whether
express, implied or statutory, regarding the Website and the Service including without
limitation any warranty of merchantability, fitness for a particular purpose, title,
security, accuracy and non-infringement.</p>\n<p>Tofugu does not warrant that the
Service will meet your requirements.\nthat the Service will be uninterrupted, timely,
secure, or error-free.\nthat the information provided through the Service is accurate,
reliable or correct.\nthat any defects or errors will be corrected.\nthat the Service
will be available at any particular time or location.\nor that the Service is free
of viruses or other harmful components.\nYou assume full responsibility and risk
of loss resulting from your downloading and/or use of files, information, content
or other material obtained from the Service.</p> M.\nLimitation of Liability <p>\n<strong>Short
version:</strong>\n<em>We will not be liable for damages or losses arising from
your use or inability to use the Service or otherwise arising under this Agreement.\nPlease
read this section carefully.\nit limits our obligations to you.</em>\n</p>\n<p>You
understand and agree that we will not be liable to you or any third party for any
loss of profits, use, goodwill, or data, or for any incidental, indirect, special,
consequential or exemplary damages, however arising, that result from:</p>\n<ul>\n<li>the
use, disclosure, or display of your User-Generated Content;</li>\n<li>your use or
inability to use the Service;</li>\n<li>any modification, price change, suspension
or discontinuance of the Service;</li>\n<li>the Service generally or the software
or systems that make the Service available;</li>\n<li>unauthorized access to or
alterations of your transmissions or data;</li>\n<li>statements or conduct of any
third party on the Service;</li>\n<li>the use of websites or services, as well as
the content, goods, and services on those websites and services, mentioned by the
Service or linked from the Website;</li>\n<li>any other user interactions that you
input or receive through your use of the Service.\nor</li>\n<li>any other matter
relating to the Service.</li>\n</ul>\n<p>Our liability is limited whether or not
we have been informed of the possibility of such damages, and even if a remedy set
forth in this Agreement is found to have failed of its essential purpose.\nWe will
have no liability for any failure or delay due to matters beyond our reasonable
control.</p> N.\nRelease and Indemnification <p>\n<strong>Short version:</strong>\n<em>You
are responsible for your use of the Service.\nIf you harm someone else or get into
a dispute with someone else, we will not be involved.</em>\n</p>\n<p>If you have
a dispute with one or more Users, you agree to release Tofugu from any and all claims,
demands and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes.</p>\n<p>You
agree to indemnify us, defend us, and hold us harmless from and against any and
all claims, liabilities, and expenses, including attorneys’ fees, arising out of
your use of the Website and the Service, including but not limited to your violation
of this Agreement, provided that Tofugu (1) promptly gives you written notice of
the claim, demand, suit or proceeding.\n(2) gives you sole control of the defense
and settlement of the claim, demand, suit or proceeding (provided that you may not
settle any claim, demand, suit or proceeding unless the settlement unconditionally
releases Tofugu of all liability).\nand (3) provides to you all reasonable assistance,
at your expense.</p> O.\nChanges to These Terms <p>\n<strong>Short version:</strong>\n<em>We
want our users to be informed of important changes to our terms, but some changes
aren’t that important — we don’t want to bother you every time we fix a typo.\nSo
while we may modify this Agreement at any time, we will notify users of any changes
that affect your rights and give you time to adjust to them.</em>\n</p>\n<p>We reserve
the right, at our sole discretion, to amend these Terms of Service at any time and
will update these Terms of Service in the event of any such amendments.\nWe will
notify our Users of material changes to this Agreement, such as price changes, at
least 30 days prior to the change taking effect by posting a notice on our Website.\nFor
non-material modifications, your continued use of the Website constitutes agreement
to our revisions of these Terms of Service.</p>\n<p>We reserve the right at any
time and from time to time to modify or discontinue, temporarily or permanently,
the Website (or any part of it) with or without notice.</p> P.\nMiscellaneous 1.\nGoverning
Law <p>Except to the extent applicable law provides otherwise, this Agreement between
you and Tofugu and any access to or use of the Website or the Service are governed
by the federal laws of the United States of America and the laws of the State of
Oregon, without regard to conflict of law provisions.\nYou and Tofugu agree to submit
to the exclusive jurisdiction and venue of the courts located in Portland, Oregon.</p>
2.\nContests, Sweepstakes and Promotions <p>Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made available through the Service may be governed
by rules that are separate from these Terms.\nIf you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy.\nIf the rules
for a Promotion conflict with these Terms, the Promotion rules will apply.</p> 3.\nNon-Assignability
<p>Tofugu may assign or delegate these Terms of Service and/or the WaniKani Privacy
Policy, in whole or in part, to any person or entity at any time with or without
your consent, including the license grant in Section D.4.\nYou may not assign or
delegate any rights or obligations under the Terms of Service or Privacy Statement
without our prior written consent, and any unauthorized assignment and delegation
by you is void.</p> 4.\nSection Headings and Summaries <p>Throughout this Agreement,
each section includes titles and brief summaries of the following terms and conditions.\nThese
section titles and brief summaries are not legally binding.</p> 5.\nSeverability,
No Waiver, and Survival <p>If any part of this Agreement is held invalid or unenforceable,
that portion of the Agreement will be construed to reflect the parties’ original
intent.\nThe remaining portions will remain in full force and effect.\nAny failure
on the part of Tofugu to enforce any provision of this Agreement will not be considered
a waiver of our right to enforce such provision.\nOur rights under this Agreement
will survive any termination of this Agreement.</p> 6.\nAmendments.\nComplete Agreement
<p>This Agreement may only be modified by a written amendment signed by an authorized
representative of Tofugu, or by the posting by Tofugu of a revised version in accordance
with Section O.\nChanges to These Terms.\nThese Terms of Service, together with
the WaniKani Privacy Statement, represent the complete and exclusive statement of
the Agreement between you and us.\nThis Agreement supersedes any proposal or prior
Agreement oral or written, and any other communications between you and Tofugu relating
to the subject matter of these terms including any confidentiality or nondisclosure
agreements.</p> 7.\nQuestions <p>Questions about the Terms of Service? Contact us.</p> "
created_at:
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- &1 2018-11-13 01:55:12.674062002 Z
updated_at:
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- *1
service_id:
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- 821