Last updated: 18/04/2023
These Terms of Service (“Terms”) govern your use of the Sushi Kytto Bar website and mobile application (together, the “Service”) provided by Sushi Kytto Bar (“we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1. Use of Service
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Sushi Kytto Bar, a Sushi Kytto Bar employee, another user, or any other person or entity.
2. User Content
The Service may allow you to submit, upload, publish, or otherwise make available content, including but not limited to reviews, comments, and messages (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms.
- Neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3. Intellectual Property
The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Sushi Kytto Bar, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALLWARRANTIES, INCLUDING WITHOUT LIMITATION:
- ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND
- ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
5. Limitation of Liability
IN NO EVENT WILL SUSHI KYTTO BAR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
6. Indemnification
You agree to defend, indemnify, and hold harmless Sushi Kytto Bar, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, User Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
7. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of [State], without giving effect to any choice or conflict of law provision or rule (whether of the State of [State] or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of [State], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. Termination
We may terminate or suspend your access to all or part of the Service, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
9. Changes to the Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
10. Miscellaneous
These Terms and our Privacy Policy constitute the entire agreement between you and Sushi Kytto Bar with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Sushi Kytto Bar with respect to the Service.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign these Terms or any rights hereunder without your consent and without notice.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
11. Contact Us
If you have any questions about these Terms, please contact us at sushikyttomarketing@gmail.com.
12. Dispute Resolution
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or validity thereof, shall be resolved by arbitration in accordance with the rules of the [Arbitration Association/Institution] then in effect, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
13. Class Action Waiver
You agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no arbitration or proceeding will be consolidated with any other arbitration or proceeding without the prior written consent of all parties to all affected arbitrations or proceedings.
14. Waiver of Jury Trial
You agree to waive your right to a jury trial in any proceeding arising out of or related to these Terms.
15. Language
These Terms may be translated into other languages for convenience or to comply with legal requirements, but the English version will be the authoritative and controlling version in case of any inconsistencies or conflicts.
16. Acknowledgment
By using the Service or accessing the Website, you acknowledge that you have read these Terms of Service and agree to be bound by them.
17. Updates to the Terms of Service
Sushi Kytto Bar reserves the right to update these Terms of Service from time to time, and you are responsible for regularly reviewing the most current version. If Sushi Kytto Bar makes any material changes to these Terms of Service, we will notify you by email or by posting a notice on the Website prior to the effective date of the changes. Your continued use of the Service after the effective date of any changes constitutes your acceptance of those changes.
18. Entire Agreement
These Terms of Service constitute the entire agreement between you and Sushi Kytto Bar with respect to the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Sushi Kytto Bar with respect to the Service.
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Country/State], without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of or related to these Terms of Service or the Service shall be instituted exclusively in the federal courts of [Country/State] or the courts of [City/State] and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
20. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at sushikyttomarketing@gmail.com.
