Last Updated: June 29, 2021
KiraKira Media, Inc. (“KiraKira”) provides a personalized subscription service (“Azuki”) that allows our members to access digital media content (“Azuki content”) streamed over the Internet to certain Internet-connected TV’s, computers, applications, and other devices (“Azuki ready devices”).
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
1.1 Your Azuki membership will continue and automatically renew until terminated. To use the Azuki service you must have Internet access and a Azuki ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2 We may offer several membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Azuki membership by visiting our website and clicking on the “Account” link available at https://www.azuki.co/account .
2. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by KiraKira in its sole and absolute discretion and we reserve the right to revoke an Offer and put your account on hold if we determine you are not eligible. Members of households with an existing or recent Azuki membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Azuki membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
3. Billing and Cancellation
3.1 Billing Cycle. The membership fee for the Azuki service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page under “Premium Membership.” The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. Membership fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in each month. Visit our website and click on the “Premium Subscription” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for Azuki using your account with a third party as a Payment Method, you can find the billing information about your Azuki membership by visiting your account with the applicable third party.
3.2 Payment Methods. To use the Azuki service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4 Cancellation. You can cancel your Azuki membership at any time, and you will continue to have access to the Azuki service through the end of your billing period. To cancel, go to the “Account” page on our website, click on the “Premium Membership” link, and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Premium Membership” on the “Account” page. If you signed up for Azuki using your account with a third party as a Payment Method and wish to cancel your Azuki membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew or unsubscribing from the Azuki service through that third party.
3.6 No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
4. Azuki Service
4.2 The Azuki service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your Azuki membership, we grant you a limited, non-exclusive, non-transferable right to access the Azuki service and view Azuki content through the service. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances.
4.3 You may view Azuki content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available to watch will vary by geographic location and will change from time to time. Azuki may restrict the number of devices on which you may simultaneously view Azuki Content. Any restriction details are specified on the “Account” page.
4.4 The Azuki service, including the content library, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features, and availability of Azuki content.
4.5. Some Azuki content may be available for temporary download and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
4.7 The quality of the display of the Azuki content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. KiraKira makes no representations or warranties about the quality of your viewing experience on your display. The time it takes to begin viewing Azuki content will vary based on several factors, including your location, available bandwidth at the time, the Azuki content you have selected, and the configuration of your Azuki ready device.
4.8 The Azuki software is developed by, or for, KiraKira and may solely be used for authorized streaming and viewing of content from KiraKira through Azuki ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the Azuki and related third-party software. If you do not accept the foregoing terms, do not use our service.
4.9 By using our service, you agree to look solely to the entity that manufactured and/or sold you the Azuki ready device for any issues related to the device and its compatibility with the Azuki service. We do not take responsibility or otherwise warrant the performance of Azuki ready devices, including the continued compatibility with our service.
5. Passwords and Account Access. The member who created the Azuki account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Azuki account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the Azuki ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, KiraKira, or our partners from identity theft or other fraudulent activity. KiraKira is not obligated to credit or discount a membership for holds placed on the account by either a representative of KiraKira or by the automated processes of KiraKira. If your Azuki ready device is sold, lost, or stolen, please deactivate the Azuki ready device. If you fail to log out or deactivate your device, subsequent users may access the Azuki service through your account and may be able to access certain aspects of your account information. To deactivate a device, users must perform a password reset by clicking the Password Reset link available at www.azuki.co/reset-password .
6. Prohibited Uses
6.1 You don’t have to disclose your identity on Azuki, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren’t, and you can’t create an account for someone else unless you have their express permission.
6.2 You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
6.3 You can’t violate (or help or encourage others to violate) these Terms or our policies.
6.4 You can’t do anything to interfere with or impair the intended operation of the Service. This includes misusing any reporting, dispute, or appeals channel, such as by making fraudulent or groundless reports or appeals. You can request to appeal a prohibited use action from Azuki by sending an email to firstname.lastname@example.org .
6.5 You can’t attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
6.6 You can’t sell, license, or purchase any account or data obtained from us or our Service. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect Azuki usernames, passwords, or misappropriate access tokens.
6.7 You can’t post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods). You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent you own or have obtained all necessary rights to the content you post or share.
6.8 You can’t modify, translate, create derivative works of, or reverse engineer our products or their components.
6.9 You can’t use a domain name or URL in your username without our prior written consent.
6.10 You can’t submit inappropriate content and doing so will result in removal of such content and can result in removal of access to submission features, including but not limited to photo submissions, comments, ratings, and reviews. Inappropriate content includes but is not limited to harassment; content promoting violence; nudity; grotesque content; racially insensitive content; impersonation of another user; spam; advertising; disruptive content; or any other content that KiraKira informs you of in its sole and absolute discretion.
7. Permissions Granted
7.1 KiraKira does not claim ownership of your content, but you grant us a license to use it. Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service and you are free to share your content with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Service. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.
7.2 You give KiraKira permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Azuki, without any compensation to you.
7.3 If you select a username or similar identifier for your account, KiraKira may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
7.4 If you use content covered by intellectual property rights that KiraKira has and makes available in our service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
8. Content Removal and Disabling of Your Account
8.2 Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
a. where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
b. where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
c. where deletion would restrict our ability to:
i. investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems);
ii. protect the safety and security of our products, systems, and users;
iii. comply with a legal obligation, such as the preservation of evidence; or
iv. comply with a request of a judicial or administrative authority, law enforcement, or a government agency;
d. in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
9. Disclaimers of Warranties and Limitations on Liability
9.1 THE AZUKI SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE AZUKI SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. KIRAKIRA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE AZUKI SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. KIRAKIRA SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AZUKI READY DEVICES, AND AZUKI SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
9.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL KIRAKIRA, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
9.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
10. Arbitration Agreement
10.2 If you elect to seek arbitration or file a small claim court action, you must first send to KiraKira, by certified mail, a written Notice of your claim (“Notice”). The Notice to KiraKira must be addressed to: Abbas Jaffery, KiraKira Media, Inc., 350 Townsend Street #865, San Francisco, CA 94107 (“Notice Address”). If KiraKira initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by KiraKira, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If KiraKira and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or KiraKira may commence an arbitration proceeding or file a claim in small claims court.
10.3 You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
10.4 The arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless KiraKira and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
10.5 If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
10.6 YOU AND KIRAKIRA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KiraKira agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
11.2 Unsolicited Materials. KiraKira does not accept unsolicited materials or ideas for Azuki content and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to KiraKira. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against KiraKira and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent. KiraKira is under no obligation to keep unsolicited materials confidential.
11.3 Feedback. KiraKira is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Azuki service, including the Azuki website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and creating, modifying, or improving the Azuki service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
11.7 Communication Preferences. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.