SITE TERMS AND CONDITIONS OF SERVICE


This Site Terms and Conditions of Service Agreement (“Terms”) governs your use of haikuna.com platform offered by Gamiri , LLC (“we”, “us”, or “Gamiri”), including our website, mobile application (“App”), and services we provide through them (collectively, the website, App, and services referred to as our “Site”). “You” refers to you as a user of haikuna.com (“Site”).


These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy and Community Guidelines.


ACKNOWLEDGMENT


These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.


Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.


By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.


Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and talk about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully using Our Service.



USER ACCOUNTS


  1. When You create an account with Us. You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

  2. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

  3. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

  4. You may not use a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than Your appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

OWNERSHIP


  1. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, “Gamiri Content”); and (ii) our trademarks, logos, and brand elements (“Marks”). Our Site, Gamiri Content, and Marks are each protected under U.S. laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the Gamiri content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.

Indemnification


  1. You agree to indemnify, defend, and hold harmless Gamiri and its owners, parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “Gamiri Party,” and collectively, “Gamiri Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. Gamiri may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY


  1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the Gamiri Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.

  2. In particular, the Gamiri Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the Gamiri Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content;(ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or other user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.

  3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, will create any warranty not expressly made by us.

  4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that Gamiri is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any Gamiri Party with respect thereto.

  5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any Gamiri Party will be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not Gamiri has been advised of the possibility of such damages.

  6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by Gamiri from you during the 12 months preceding the claim giving rise to such liability.

  7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

  8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between Gamiri and you.

ARBITRATION AGREEMENT AND WAIVER OF CERTAIN RIGHTS


  1. Arbitration. You and Gamiri agree to resolve any disputes between you and Gamiri through binding and final arbitration instead of through court proceedings. You and Gamiri each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Gamiri relating to these Terms or our Site (each a “Claim,” and collectively, “Claims”). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision will be in writing, will include the arbitrator’s reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submission, and awards will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

  2. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibited as compared to the costs of litigation, Gamiri will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration and compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

  3. No Preclusion: This arbitration agreement does not preclude you or Gamiri from seeking action by federal, state, or local government agencies. You and Gamiri each also have the right to bring any qualifying Claim in small claims court. In addition, you and Gamiri each retain the right to apply for any court of competent jurisdiction for provisional relief including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

  4. No Class Representative or Private Attorney General: You and Gamiri each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or Gamiri). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

  5. Severability/No Waiver/Survival: If any provision of this Section is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section will survive the termination of your relationship with Gamiri.

  6. LIMITATIONS: This Section limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or Gamiri would have in court may not be available in arbitration.

OTHER PROVISIONS


  1. Force Majeure: Under no circumstances will any Gamiri Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.) epidemics, pandemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or oders of governmental authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any Gamiri Party.

  2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms of our Site will be filed only in the state or federal courts located in Seattle, Washington. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

  3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

  4. No Waiver or Amendment: The failure by Gamiri to enforce any right or provision of these Terms will not prevent Gamiri from enforcing such right or provision in the future and will not be deemed to modify these Terms.

  5. Assignment: Gamiri may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, or other transaction, or by operation of law.

  6. Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

CHANGES TO THESE TERMS


  1. We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.
Gamiri, LLC
legal@gamiri.com
3223 46th Ave SW
Seattle, WA 98116
WASHINGTON STATE UBI# 604-734-330
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