Kawaiicheshaneko Notes Terms of Use
These terms explain how you may make use of our website (“Site”’), whether as a guest or a member. Please read these terms of use carefully as you confirm you accept these terms of use by accessing our Site or by using the Services and you must abide by them.

If you don’t agree with or can’t comply with these terms of use, do not access our Site or use our Services.

Who we are
KAWAIICHESHANEKO LTD (‘Kawaiicheshaneko’, ‘we’ ‘us’ ‘our’) provides an online learning platform enabling users to access study notes, or upload their own study notes for other users to access. Kawaiicheshaneko Limited is a company incorporated and registered in England and Wales, whose registered office is PO Box 4385, 13079062: COMPANIES HOUSE DEFAULT ADDRESS, Cardiff, CF14 8LH. Our company registration no. is 13079062.
You may contact us at kawaiicheshaneko@protonmail.com .

Access to our site
You are responsible for making all arrangements necessary to gain access to the Site such as having the necessary equipment or technical specifications in place.

Access is permitted on a temporary basis and we reserve the right to withdraw or amend access at any time without notice. From time to time, we may restrict access to any or all parts, features or content on the Site, without notice to you. We will not be liable if, for any reason, our Site or any part of it including content or features is unavailable or withdrawn.

Your access to the Site granted under these terms of use may be terminated immediately if you are in breach of any of these terms.

Your use of the site
You must only use the Site for lawful and non-commercial purposes, and in a responsible manner. You must not use our Site in any way that breaches any applicable laws or regulations.

You must not damage or disrupt any part of our Site or use it in a way that might damage our name or reputation.

Additional terms may also apply to certain features or content of the Site and where they apply, these will be displayed to you or accessible via a link.

Your conduct when using the site
You must not:

disrupt or interfere with the Site
copy, harvest, crawl, index, scape, spider, mine, gather, extract, compile, aggregate or store any content on the Site
copy, adapt, modify, reverse engineer, redistribute, reproduce, create derivative works based upon, licence, sell, transmit or make public any part of the Site or otherwise exploit the Site
circumvent any technology used by us or any third party to protect the Site
create links to the Site from any other website

Content
Our content on the site
Your use of the Site is on an ‘as is’ and ‘as available’ basis and is at your sole risk. Whilst we try to make sure all information contained on the Site (other than any user generated content) is correct, it is not intended to amount to advice on which reliance should be placed.

We make no statements, whether express or implied, about the accuracy, completeness, reliability, integrity, quality, fitness for purposes or originality of any content on the Site. To the fullest extent permitted by law, all implied warranties, conditions or terms are excluded.

User generated content
The Site may, from time to time, allow you to upload user-generated content. We do not control the material submitted in user content. You are responsible for any content submitted by you to the Site.

Any content you upload to the Site must not:
infringe any intellectual property rights of any other person
violate any applicable law or regulations
contain any material which is defamatory of any person, obscene, offensive, liable to cause anxiety or embarrassment, discriminatory, inflammatory, or promotes violence
be likely to deceive any person or be made in breach of any legal duty owed to a third party such as a contractual duty
be knowingly false of misleading
contain any advertising, marketing or promotional material or spam
transmit any virus or code

Study notes you upload to the Site and our use of these is governed by our Terms of Service which can be found here. Excluding study notes, all other content you upload to the Site will be considered non-proprietary, and you agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material for any purpose related to our business. To the extent such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty free licence to use, copy, modify, distribute, sell and disclose to third parties for any purpose related to our business.

Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site and our Services. The works are protected by copyright and trademark laws and we reserve all rights in relation to this. You may not copy, reproduce, republish, download, post, transmit, make available to the public or otherwise use any content on our site in any way, except for your own personal non-commercial use.

Links from our site
The Site may include links to external sites. We are not responsible for the content of these sites or anything provided by them. The fact we include links to such external sites does not imply any endorsement or, or association with their operators.

Your personal data
Use of your personal data submitted to or via the Site is processed in accordance with our Privacy Policy which can be found here

Our liability
To the extent permitted by law, we exclude all liability (whether arising in contract, negligence or otherwise for loss or damage which you or any third party may incur in connection with our Site, or Services, any website linked to our Site and any content posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

Your liability
Any failure by you to comply with these terms of use may result in us taking legal action against you including proceedings for reimbursement of all costs (including but not limited to reasonable administration and legal costs) resulting from the breach.

Changes to these terms of Use
We may amend these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

General
These terms of use are governed by German law and you can bring legal proceedings in the German courts.

Kawaiicheshaneko Notes Terms of Service
Welcome to Kawaiicheshaneko Notes. These terms set out rules everyone must follow when accessing our Kawaiicheshaneko Notes services (the ‘Terms’). Please read these Terms carefully as you confirm you accept these Terms when accessing our services. If you don’t agree with or can’t comply with these Terms, do not continue to use our services. You can find out more about our services in Section 2 ‘what we do’.

What we do
We aim to offer our users the ability to search for and access other students’ study materials; and/or upload their own study materials for others to access. These Services can be accessed via our site Nice-notes that can be uploaded to the Platform as part of the Services can include users’ personal notes, study guides and exam templates but do not include assignments or take-home exams which are not permitted. We also offer links to tutors and student services on fiverr.
Accessing Nice-Notes Notes
You may be able to visit and view some elements of the Services as a guest. However you will have access to more features of the Services if you create an account and register as a Member. If you wish to register as a Member you will need to provide the required account information requested by us and pay a fee for the Membership. You can read the cost of the Membership on the site under FAQ.
You are responsible for any activities that occur under your account. Please keep your login details and password confidential and secure. You must not allow anyone else access to your account. You must inform us immediately if you have concerns about your login details and if you think they may have been used you should contact us straightaway at kawaiicheshaneko@protonmail.com .

We reserve the right to refuse membership requests and may suspend or restrict access or terminate your account if there is any type of suspicious activity or for any other reasonable reason.

If you delete your account by mistake please contact us and we will try to help, but we do not guarantee that we will be able to restore or recover things.

Important information about Notes
All Notes on our Platform are provided for general information only and have not been created by Kawaiicheshaneko. Kawaiicheshaneko makes no statements, whether express or implied, about the accuracy, quality, or fitness for purpose of Notes published on the Platform. The Notes on our Platform are not intended to amount to advice on which you should rely, and any use of or reliance on any Notes provided on our Platform is at your own risk.

If you have any comments or concerns about any Notes or other content on the Platform or, if you believe your copyrighted work has been infringed, or are aware of other infringing, illegal or inappropriate material, please contact us at Kawaiicheshaneko@protonmail.com and we will investigate. We may ask you to provide further information to assist in our investigation and any claim of infringement.

Uploading Notes
Only Members are able to submit Notes to us on the Platform. When submitting Notes to us you must provide the following information:

the subject, class, faculty and school/university that the Note relates to
your grade that was achieved for the subject the Note relates to
the year the subject was studied
a copy of your academic transcript (optional)
Each time you submit a Note to us for approval, you represent and warrant:

you have all legal rights necessary to submit to Notes to us for upload to the Platform and to offer for sale and sell the Notes
you hold all intellectual property rights in and to the Notes
you have not granted any other person any license or other rights to use, reproduce or publish the Notes
that Kawaiicheshaneko will not need to obtain any licences, rights, consents or permissions from, or make any payments to, any third party for use and sale of your Notes on the Platform
submitting, displaying and offering for sale and selling the Note on the Platform does not infringe the rights, including the intellectual property rights, of any other person.
Any Notes you upload must not:

infringe any intellectual property rights of any other person
violate any applicable law
contain any material which is defamatory of any person, obscene, offensive, discriminatory, inflammatory, or promotes violence
be likely to deceive any person or be made in breach of any legal duty owed to a third party such as a contractual duty
Kawaiicheshaneko has the right to refuse approval or upload of a Note on the platform for any reason and without providing any explanation to you.

How much can I get paid for uploading my Notes?
There are no fees that you will be charged for uploading Notes onto the Platform, or offering Notes for sale on the Platform. Anyone who uploads a Note to the Platform is treated as an ‘Author’ of the Note for the purposes of these Terms.

Payments are not guaranteed and are reliant on and subject to Buyers electing to access your Notes on the Platform. We offer no guarantee you will receive any payments as a result of uploading your Notes to the Platform.

The money for the notes is paid by the buyers to authors via Paypal and Authors must set up a paypal account before uploading Notes to the Platform.

Rights you grant us in relation to Notes
When you upload your Notes to our Platform you grant us certain rights in those Notes. We may from time to time offer different features or benefits to you in consideration for you granting us different rights in relation to the Notes you upload. Further detail about this is provided below. We will obtain your prior consent in writing to any additional rights you may grant us.

Subject to any other additional rights you may grant Kawaiicheshaneko (in consideration for accessing different benefits), you grant Kawaiicheshaneko an exclusive, sub-licensable, irrevocable, worldwide licence to use, reproduce, make available to the public, publish, translate, modify, and distribute your Notes, for the purpose of making your Notes available to Kawaiicheshaneko users and providing the Services, as well as all other rights necessary to use and exercise all rights in the Notes for any purpose in connection with the Kawaiicheshaneko Notes business.

The licence you grant Kawaiicheshaneko is exclusive. This means you will not be able to grant any other third parties rights or permissions to use the Notes. You must not upload your Notes to any other online learning platform which provides Services similar to Kawaiicheshaneko Notes (‘Kawaiicheshaneko Competitor’). The licence is not intended to otherwise limit your ownership rights in the Notes. Please contact us if you want to use your Notes in any way and are unsure whether this would be in breach of this exclusive licence.

The exclusive licence you grant to Kawaiicheshaneko is for a period of three years from the date you upload it to the Platform. After this period the licence that you grant to Kawaiicheshaneko to use and exercise all rights in the Notes (as described above) is granted to Kawaiicheshaneko on a non-exclusive basis.

You grant all other users of the Platform, a licence to access your Notes and to use your Notes as permitted by the functionality of the Service and as set out in these Terms.

In relation to any Notes you upload as an ‘Unlock’ (as described in Section 5 ‘Uploading Notes’) the licence you grant Kawaiicheshaneko will be granted on a ‘royalty free’ basis. This means you will not be entitled to receive any Author Commission or any other form of payment from Kawaiicheshaneko when other users access the Notes.

Your use of the Services
You can only use the Services for your own personal use, for lawful purposes and in accordance with these Terms. You are responsible for ensuring your use of the Services complies with all relevant laws. You must not use the Services in any way that infringes any intellectual property rights of either Kawaiicheshaneko or any third party. You are responsible for becoming aware of, and adhering to your school/university’s policies.

When you use the Services you must not:

copy, redistribute, reproduce, or make public any part of the Platform
post any false, misleading,defamatory or indecent material on the Platform
reverse engineer, decompile, modify or create any derivative works of the other users Notes or the Platform (except to the extent permitted by applicable law)
circumvent any technology used by us or any third party to protect the Platform
damage or disrupt any part of the Platform
use any other person’s username or password in order to access the Services
When you use our Services you agree that:

you will not hold Kawaiicheshaneko responsible for the conduct of anyone else who uploads Notes or uses the Platform
we are not responsible to you for your performance or result in any academic subject as a result of you using any of the Notes and/or the Services
you will not copy or distribute to any other person any Notes
We implement a fair usage policy in relation to our Services and reserve the right to restrict, suspend or terminate access if we believe the Service is being used by you in a way which is unreasonable or attempts to manipulate features of the Service. Misuse of the Services may include but is not limited to: adding large numbers of Notes to your library, or using features such as Note reviews in a manner in which they were not intended, for example in order to increase promotions of your Notes to other users.

You have a legal right for the Services you have paid for to comply with their description and for them to be of satisfactory quality. Please let us know within 24 hours if you believe any part of the Services provided by Kawaiicheshaneko does not comply with these legal rights and we will try to put this right. At our discretion this may include offering you an account credit or refund.

Our charges for use of the Services
Payments you make to us for the Services are processed by our third party payment processor, Paypal.
We reserve the right to change our pricing from time to time and pricing may change while you are browsing our Platform.

If there is an obvious pricing mistake on our Platform we will notify you as soon as we can and you will have the choice of continuing to make the purchase at the correct price or cancelling the purchase and receiving a refund.

By providing our third party payment processor with your payment details you confirm that our payment processor may take payment of the subscription fees on a recurring basis until the Subscription is cancelled by you or terminated by us in accordance with these Terms.

Misuse of the Services
Failure to comply with your obligations in our Terms as set out in Section 6 ‘Uploading Notes’ and Section 7 ‘Your use of the Services’ may result in us taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use the Service
immediate, temporary of permanent removal of any Notes uploaded by you to the Platform
issuing a warning to you
taking legal action against you including proceedings for reimbursement of all costs (including legal costs) resulting from the breach
disclosure of such information to law enforcement authorities as we reasonably feel is necessary
informing any third party whose rights may have been breached by your actions if we reasonably believe this is necessary.
You agree to indemnify and hold Kawaiicheshaneko harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) arising out of or related to:

any Notes you upload;
your breach of these Terms; or
your violation of any laws or rights of a third party.
Service availability
We will make reasonable efforts to keep our Services operational. Temporary interruptions may result due to technical difficulties, maintenance or testing, or updates required for legal or regulatory purposes.

We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Service, all without liability to you. Notwithstanding the foregoing, if you have prepaid fees to us for a Subscription that Kawaiicheshaneko permanently discontinues, we will refund you the prepaid fees for the period after such discontinuation.

Our IP Rights
We are the owner or licensee of all intellectual property rights in our Platform and the Services and all material published on it (excluding Notes). You may not copy, reproduce, republish, download, post, transmit, make available to the public or otherwise use any content on our Platform in any way except for your own personal non-commercial use. Those works are protected by copyright and trademark laws and we reserve all rights in relation to this.

Our responsibility for loss or damage
Our responsibility to you is limited to any loss or damage that you suffer that is a foreseeable result of us breaking these Terms. We are not responsible for any loss or damage that is not foreseeable.

We are not responsible for any loss or damages resulting from any unauthorised use of the Platform or Notes by third parties.

We are not responsible to you for any loss or damage you suffer as a result of any hardware or software failure related to our Platform. We do not warrant the Services or any content on the Platform is free of malware or harmful components.

Our aggregate liability to you under these Terms shall be limited to a maximum of £100. We do not exclude or limit our responsibility to you for loss or damage when it would be unlawful to do so. This includes death or personal injury caused by our failure, for fraud or fraudulent misrepresentation.

Privacy
We process your personal data in accordance with our Privacy Policy which can be found here.

Your concerns
If you have any concerns about our Services or any content on the Platform please contact us Kawaiicheschaneko@protonmail.com.

Third party rights
The owners of the Notes and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce the Terms directly against you. Other than the above, the Terms are not intended to grant rights to anyone except you and Kawaiicheshaneko, and in no event shall the Terms create any third party beneficiary rights.

General
We may change these Terms from time to time, and if we make any changes which affect your rights in relation to these Terms we will notify you.

Kawaiicheshaneko is entitled to assign any rights and obligations that result from these Terms to third parties, and we will notify you if we do so. If you do not agree with the assignment your only remedy is to stop using the Platform and delete your account.

If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person delays enforcing it, or waives their right to enforce it at any time. If a court of authority decides the terms are illegal or invalid, the rest of the Terms will be unaffected and will remain in force.

These Terms are governed by German law and you can bring legal proceedings to the German courts.