The following shall constitute an agreement (the “Agreement”) that governs your access to the internet stream production, “Zenkaikon Online 2022,” (the “Production”) that will be made available to purchasers of 2022 Zenkaikon Online Rental Bundle (the “Rental Bundle”) by Zenkaikon Entertainment, Inc. (“Zenkaikon”), and its panelists (collectively, the “Content Providers”). The Production, together with other content that is available through the Rental Bundle, is hereafter referred to as “Content.” In consideration of your purchase of the Rental Bundle and your acceptance and continued compliance with the terms of this Agreement, Zenkaikon will grant, and you will receive, a limited, revocable, non-sublicensable, and non-exclusive license to the Rental Bundle and use the Rental Bundle for your personal, non-commercial use on a computer or authorized mobile device that is under your control.
You acknowledge that the availability of the Content (including the Production) is dependent upon external factors such as Internet service providers and Internet network availability, which are generally outside of the control of the Content Providers. Additionally, the Content Providers shall not be responsible for events or circumstances beyond their legitimate control, such as, but not limited to, the availability of the internet, strikes, crimes, extraterrestrial alien invasions, violent farm animal uprisings, or acts of god such as hurricanes, floods, earthquakes, volcanic eruption, etc.), and as such, cannot guarantee 100% availability of any of the Content.
Unless otherwise noted, you should assume that the Production, and all Content, text, graphics, trademarks, logos, software, and other materials made available through the Rental Bundle is protected by copyright, trademark, and other applicable intellectual property laws and may not be used except as permitted in this Agreement. Your use of the Rental Bundle constitutes acknowledgment and agreement that the Rental Bundle and Content, software, and other materials made available through the Rental Bundle (i) constitute copyrighted material proprietary to Zenkaikon, the Content Providers, or other third parties, and (ii) contain copyrighted material, trademarks, names, service marks, patents and other intellectual property rights owned by Zenkaikon, the Content Providers or other parties and are protected by applicable laws. You may use and download Content, software and other materials made available on or through the Rental Bundle for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices intact. You may not, however, copy, reproduce, distribute, transmit, publish, post, or otherwise reuse any Content, software, or other material made available on or through the Rental Bundle on any other website or other medium or for public or commercial purposes without our express prior written permission or that of the Content Providers. Nothing contained on or in the Rental Bundle should be construed as granting you any license or right to use any Content, software, or other materials other than as stated in this Agreement.
You acknowledge that your use of the Rental Bundle and browsing the Production are at your own risk. Neither the Content Providers, nor any other party involved in creating or providing anything on the Rental Bundle, is liable for any direct, indirect, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Rental Bundle. Without limiting the foregoing, everything on the Rental Bundle is provided to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Content Providers also assume no responsibility, and shall not be liable for, any damages to, or bugs, viruses, trojan horses or the like that may infect your computer equipment or other property on account of your Rental Bundle to, use of, or browsing in the Rental Bundle or your downloading of any software or other materials from the Rental Bundle.
Zenkaikon does not and cannot control the flow of data via the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt your connection to the Internet and the performance of the Rental Bundle. Zenkaikon cannot guarantee that such events will not occur. Accordingly, the Content Providers disclaim any and all liability resulting from or relating to such events. By using the Rental Bundle, you acknowledge and agree that the Content Providers are not responsible for (i) any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Rental Bundle or your account, (ii) interference with or interruption of the communications, procedures or performance of the Rental Bundle, or (iii) any unauthorized use of your credit card or other methods of payment by a third party in connection with the Rental Bundle.
Zenkaikon reserves the right to update and change the terms and conditions of this Agreement from time to time at its sole discretion. You are responsible for reviewing the Agreement periodically for any modifications. Your continued access or use of the Rental Bundle, or any materials, software, or content made available via the Rental Bundle, constitutes your acceptance of this Agreement, as modified by such changes.
Note that in addition to and without prejudice to any other rights or remedies that Zenkaikon may have should you breach this Agreement, you should be aware that Your violation of the terms of this Agreement may result, at Zenkaikon’s sole discretion, in the immediate termination of your access to the Rental Bundle and the Content. Such termination shall not entitle you to a refund of any payment you may have made to view the Production or the Rental Bundle.