PLEASE CAREFULLY READ THESE TERMS OF SERVICE ("TERMS OF SERVICE") BEFORE USING OUR SERVICE. THESE TERMS OF SERVICE APPLY TO THIS LIVE STREAMING BROADCAST SERVICE ("HAKUNA") WHICH IS OWEND AND OPERATED BY MOVEFAST COMPANY ("MOVEFAST"). BY ACCESSING AND USING HAKUNA, YOU AGREE TO BE BOUND ALL THE TERMS OF SERVICE SET FORTH HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT USE HAKUNA AND MUST IMMEDIATELY TERMINATE YOUR USE OF HAKUNA.
This paragraph is intended to apply to you if you have downloaded the software for using HAKUNA ("HAKUNA Application") from Apple App Store or Google Play (collectively, "Application Store"). You and MOVEFAST acknowledge that these Terms of Service are concluded between You and MOVEFAST only, and not with Application Store, and MOVEFAST is solely responsible for HAKUNA and the contents thereof.
Subject to your compliance with the terms and conditions set out in these Terms of Service, MOVEFAST grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install, and use one (1) copy of HAKUNA Application, in object code format, only on your personal computer or mobile device ("Device") for the sole purpose of personally using HAKUNA.
HAKUNA and HAKUNA Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. HAKUNA and HAKUNA application include trade secrets and information those are confidential and proprietary to MOVEFAST, and you agree to take all necessary actions to protect the confidentiality of such trade secrets and information. All ownership rights in HAKUNA and HAKUNA Application, including, but not limited to, any contents thereof, any related documentation, and any new releases, modifications, and enhancements thereto belong solely to MOVEFAST and its licensors, if any, including, but not limited to, all intellectual property rights therein. HAKUNA and HAKUNA Application are licensed, not sold. Title does not pass to you. There is no implied license, right, or interest granted in any copyright, patent, trade secret, trademark, invention, or other intellectual property right. MOVEFAST hereby expressly reserves all rights in HAKUNA and HAKUNA application, and any contents thereof, which are not expressly granted to you hereunder.
You only obtain a license to use the object code version of HAKUNA Application. You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on HAKUNA, HAKUNA Application, or any contents thereof; (ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export, or grant other rights in HAKUNA, HAKUNA Application, or any contents thereof, and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of HAKUNA or HAKUNA Application by any means whatsoever; (iv) remove, obscure, or alter any copyright and/or other proprietary notices contained in or otherwise connected to KAKUNA, HAKUNA Application, or any contents thereof; (v) use HAKUNA or HAKUNA Application to create or proliferate a virus, or to circumvent any copyright protection or other digital rights management mechanism.
You further represent that you shall not (i) use HAKUNA, HAKUNA Application, or any contents thereof for any illegal or unauthorized purpose, (ii) use the HAKUNA, HAKUNA Application, or any contents thereof in any manner which could damage, disable, overburden, or impair any of HAKUNA, (iii) transmit worms, viruses, or any code of a destructive nature, (iv) display, transmit, or share any content consisting of text, sounds, audio, pictures, photos, video, and/or any type of materials, information, or communications ("Content") deemed hateful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability, (v) attempt to hack, destabilize, or adapt HAKUNA, HAKUNA's website, and/or HAKUNA Application (or its source code), or alter another website so as to falsely imply that it is affiliated with HAKUNA, HAKUNA's website, and/or HAKUNA Application, or (vi) use or access any of HAKUNA by any means other than through the interface provided by MOVEFAST or HAKUNA.
Content transmitted by the use of HAKUNA and HAKUNA Application is entirely the responsibility of the person from whom such Content originated. You use HAKUNA and HAKUNA Application at your own risk and understand that by using HAKUNA and HAKUNA Application, you may be exposed to Content that is offensive, harmful to minors, indecent, or otherwise objectionable. MOVEFAST does not endorse any Content and expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using HAKUNA and HAKUNA Application. You hereby release and discharge MOVEFAST from any and all claims and demands arising out of or relating to any Content.
You acknowledge and agree that you are solely responsible for any Content that you transmit or display through HAKUNA and HAKUNA Application, and MOVEFAST is not responsible to you or any third party in connection with the Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and sole owner of, or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. MOVEFAST RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THESE TERMS OF SERVICE.
HAKUNA Application may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in HAKUNA Application falls under the scope of these TERMS OF SERVICE.
MOVEFAST, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to HAKUNA or HAKUNA Application. MOVEFAST has no obligation to make available to you any additional features, functions, or any modifications, updates, support, maintenance, subsequent versions of HAKUNA or HAKUNA Application. You may have to agree to a renewed version of these TERMS OF SERVICE in the event you want to download, install, or use any additional features or functions, or any modifications, updates or new versions of HAKUNA Application. You acknowledge that MOVEFAST may automatically issue any additional features or functions or modifications, updates or upgraded versions of HAKUNA Application and, accordingly, may modify, update or upgrade the version of HAKUNA Application that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades, or updates.
For particular Devices, MOVEFAST may ask your permission to use your native SMS application to deliver messages or invitations to people who are not registered users of HAKUNA and with whom you choose to communicate. Some of these services may charge additional fees.
The license to use HAKUNA and HAKUNA Application is not valid in any jurisdiction where prohibited. HAKUNA and HAKUNA Application are intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to HAKUNA or HAKUNA Application by anyone under thirteen (13) years old is unauthorized, unlicensed, and in violation of these TERMS OF SERVICE. MOVEFAST may terminate your account, delete any content or information that you have posted on HAKUNA, and/or prohibit you from using or accessing HAKUNA or HAKUNA Application (or any portion, aspect, or feature of HAKUNA) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under thirteen (13) years old. If you are under eighteen (18) years of age, you may use HAKUNA and HAKUNA Application only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in these TERMS OF SERVICE.
HAKUNA and HAKUNA Application are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements ("Emergency Services"). There are important differences between traditional telephone services and HAKUNA. You acknowledge and agree that: (i) MOVEFAST is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from HAKUNA, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) HAKUNA is not a replacement for your primary telephone service.
MOVEFAST reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of HAKUNA or HAKUNA Application, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
You hereby authorize MOVEFAST to collect and use the address books, contact lists, and unique phone identifiers (International Mobile Equipment Identity, Unique Device UD, or other) contained in the Device to which you have downloaded HAKUNA Application for purposes of your use of HAKUNA.
From time to time, MOVEFAST may provide additional features and/or services that you pay for ("Premium Services"), which include paid contents and items. MOVEFAST may also offer from time to time in its sole discretion, certain Premium Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in these TERMS OF SERVICE to HAKUNA include the Premium Services.
The Premium Services may be offered on a subscription basis, per usage basis, or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium Services, you hereby agree to pay all charges to your account, including applicable taxes and fees, in accordance with billing terms in effect at the time the charges are payable and whether charged by MOVEFAST or the online Application Store from which you downloaded the HAKUNA Application. You agree to abide by any relevant terms of service or other legal agreements that governs your use of a given payment processing service and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that you will make recurring payments and the payments shall be made by the payment method and intervals you have selected, or the Application Store has determined, until the subscription for the Premium Services is terminated. You agree that if you purchase Premium Services through the Application Store, all payment related questions, issues, disagreements, and/or disputes shall be handled in accordance with the terms of service or other legal agreements that governs your use of a given payment processing service and/or method, and in no event will MOVEFAST have any responsibility in connection with any of the foregoing.
You may request a full refund for any Premium Services purchased from the Application Store if permitted by, and pursuant to the refund rules of, the Application Store. Exceptions - 1) refunds are not available to users who are banned by MOVEFAST and/or its community, 2) refunds are not available for partially-used Premium Services purchases, 3) refunds are not available after five (5) years from the date of purchase, 4) refunds are not available after one (1) year from your last use of HAKUNA, and 5) refunds are not available after terminating your use of HAKUNA or HAKUNA Application by yourself.
While using HAKUNA, you may initiate and manage a live streaming channel as a broadcaster ("Host") and hosting other users as a guest on your channel. Host can earn revenue on his/her live streaming by obtaining items from the guests who participate in the hosting channel. The items can be exchanged for real money with an exchange rate according to the separate notice provided by MOVEFAST. All contents in the hosting channel shall adhere to these TERMS OF SERVICE. HOST shall defend, indemnify, and hold harmless MOVEFAST, and its affiliates, representatives, directors, officers, employees and agents from and against any and all damages arising out of the hosting channel. MOVEFAST reserves the right to restrict Host's right to host a live streaming channel at its sole discretion.
You may terminate your use of HAKUNA at any time by uninstalling and deleting the HAKUNA Application from all of your Devices. If you have subscribed to any Premium Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium Services.
Without limiting any other remedies, MOVEFAST may limit, suspend, discontinue, or terminate these TERMS OF SERVICE and/or your use of all or any part of HAKUNA and/or HAKUNA Application, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if MOVEFAST believes that you are (i) in breach of any of the terms of these TERMS OF SERVICE, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for the Premium Services, (iv) infringing third party’s intellectual property rights, or (v) engaging in fraudulent, immoral, or illegal activities. You agree that MOVEFAST is under no obligation to provide HAKUNA, including without limitation any Premium Services, and that no MOVEFAST party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of HAKUNA and/or HAKUNA Application.
Subject to the terms and conditions of these TERMS OF SERVICE, MOVEFAST will use reasonable efforts to store your Content, if any, in connection with your use of the Premium Services if such storage is a feature provided with the Premium Services. You acknowledge and agree that MOVEFAST shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no MOVEFAST party is under any obligation to preserve, provide access to, or return to you any Content. In addition, you further acknowledge and agree that, if you have elected to use a Premium Services that includes the storage of Content and you are not active on the Premium Services for thirty (30) days or longer (as determined by MOVEFAST), MOVEFAST may delete your Content for any reason, including technical, business, or any other reasons.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MOVEFAST, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS (COLLECTIVELY "MOVEFAST PARTIES"), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES, AND COSTS, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF HAKUNA AND/OR HAKUNA APPLICATION, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF HAKUNAT AND/OR HAKUNA APPLICATION, OR (E) ANY TAXES AND FEES RELATED TO YOUR PURCHASE AND/OR USE OF ANY PROVIDED THROUGH HAKUNA (OTHER THAN TAXES BASED ON THE INCOME OF MOVEFAST). If you downloaded HAKUNA Application from Application Store, you acknowledge that, in the event of any third party claim that HAKUNA or HAKUNA Application or your possession and use of HAKUNA or HAKUNA Application infringes any third party’s intellectual property rights, as between MOVEFAST and Application Store, MOVEFAST, not Application Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. MOVEFAST reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify MOVEFAST, and you agree to cooperate with MOVEFAST's defense of these claims. You agree not to settle any matter without the prior written consent of MOVEFAST.
You are not allowed to assign these TERMS OF SERVICE or any rights or obligations hereunder. MOVEFAST is allowed at its sole discretion to assign these TERMS OF SERVICE and any rights hereunder to any third party, without giving of notice.
HAKUNA and HAKUNA Application are provided to you "AS IS" and "AS AVAILABLE" with no warranties. MOVEFAST Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory, or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT MOVEFAST PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF HAKUNA AND/OR HAKUNA APPLICATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH HAKUNA AND/OR HAKUNA APPLICATION IS TO IMMEDIATELY UNINSTALL HAKUNA APPLICATION AND CEASE USE OF HAKUNA AND HAKUNA APPLCIATION. You further acknowledge that MOVEFAST Parties have no obligation whatsoever to furnish any maintenance or support services with respect to HAKUNA and HAKUNA Application. FURTHER, MOVEFAST PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH HAKUNA AND/OR HAKUNA APPLICATION WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. MOVEFAST PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, HAKUNA AND/OR HAKUNA APPLICATION.
YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, OR RECEIVE CONTENT THROUGH HAKUNA AND/OR HAKUNA APPLICATION AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
IN NO EVENT SHALL MOVEFAST PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH HAKUNA AND/OR HAKUNA APPLICATION, THESE TERMS OF SERVICE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF MOVEFAST OR ANY OTHER MOVEFAST PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. MOVEFAST PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF SERVICE OR USE OF HAKUNA AND/OR HAKUNA APPLICATION. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of MOVEFAST Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MOVEFAST AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
YOU AND MOVEFAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF HAKUNA AND/OR HAKUNA APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded HAKUNA Application from Application Store, you further acknowledge that the Application Store has no responsibility for addressing any claims relating to HAKUNA or HAKUNA Application or your possession and/or use of HAKUNA or HAKUNA Application, including, but not limited to: (i) product liability claims; (ii) any claim that HAKUNA or HAKUNA Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
MOVEFAST makes no representations that HAKUNA is appropriate or available for use in any location outside Japan. Those who access or use HAKUNA and/or HAKUNA Application from other jurisdictions are entirely responsible for compliance with all local laws.
YOU ACKNOWLEDGE AND AGREE THAT MOVEFAST HAS OFFERED ITS SOFTWARE AND SERVICES AND SET ITS PRICES IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MOVEFAST, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MOVEFAST. MOVEFAST WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Any comments, suggestions, or feedback relating to HAKUNA or HAKUNA Application ("Feedback") submitted to MOVEFAST shall become the property of MOVEFAST. MOVEFAST will have exclusive ownership of all rights to the Feedback. MOVEFAST will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. MOVEFAST will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to HAKUNA or HAKUNA Application (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
HAKUNA and HAKUNA Application may only be operated, exported, or re-exported in compliance with all applicable laws and export regulations of Japan and the country in which you obtained them. HAKUNA and HAKUNA Application are specifically subject to Japan Export Administration Regulations; any diversion contrary to the Law of Japan is prohibited. You may not export, directly or indirectly, HAKUNA, HAKUNA Application, or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the Government of Japan or any agency thereof, at the time of export, requires an export license or other governmental approval, without first obtaining such license or approval
HAKUNA, HAKUNA Application, and technical data thereof are commercial in nature and developed solely at private expense. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the Government of Japan or any of its agencies shall be governed solely by the terms of these TERMS OF SERVICE and shall be prohibited except to the extent expressly permitted by the terms of these TERMS OF SERVICE.
MOVEFAST may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the HAKUNA website. Notice will be deemed given twenty-four (24) hours after the email is sent, unless MOVEFAST is notified that the email address is invalid. Notice posted on the HAKUNA website is deemed given ten (10) days following the initial posting. MOVEFAST reserves the right to determine the form and means of providing notifications to our users.
MOVEFAST reserves the right to amend these TERMS OF SERVICE at any time by publishing the revised TERMS OF SERVICE on the HAKUNA website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised TERMS OF SERVICE shall become effective following the applicable notice period, unless you expressly accept the revised TERMS OF SERVICE earlier by clicking on the accept button. Your express acceptance or continued use of HAKUNA or HAKUNA Application after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised TERMS OF SERVICE. You can find the latest version of these TERMS OF SERVICE at https://hakuna.live/termsofservice.html
HAKUNA is hosted in JAPAN and by using HAKUNA and/or HAKUNA Application, if you are located in the European Union, Asia, or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of Japan, then you understand and consent to the processing of personal information in Japan.
These TERS OF SERVICE represents the complete agreement concerning the matters covered between HAKUNA and you. If any provision of these TERMS OF SERVICE is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
The failure of MOVEFAST to exercise or enforce any right or provision of these TERMS OF SERVICE will not constitute a waiver of such right or provision. Any waiver of any provision of these TERMS OF SERVICE will be effective only if in writing and signed by MOVEFAST.
The heading references herein are for convenience purposes only, do not constitute a part of these TERMS OF SERVICE, and will not be deemed to limit or affect any of the provisions hereof.
These TERMS OF SERVICE are governed by the laws of Japan as such laws are applied to agreements entered into and to be performed entirely within Japan, and by the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these TERMS OF SERVICE. You agree that HAKUNA shall be deemed solely based in Japan, and that HAKUNA do not give rise to personal jurisdiction over MOVEFAST, either specific or general, in jurisdictions other than Japan. You further agree that the courts located in Japan shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including, but not limited to, any controversies or disputes arising from or related to HAKUNA, HAKUNA Application, Content, or these TERMS OF SERVICE. You agree not to commence or prosecute any action against any MOVEFAST Parties other than in courts located in Japan, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non- convenience with respect to, venue and jurisdiction in such courts.
You acknowledge that the obligations made hereunder to MOVEFAST are of a unique and irreplaceable nature, the loss of which shall irreparably harm MOVEFAST and which cannot be replaced by monetary damages alone so that MOVEFAST shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
If you downloaded HAKUNA Application from Application Store, you acknowledge and agree that the Application Store is third party beneficiary of these TERMS OF SERVICE, and that, upon your acceptance of the terms and conditions of these TERMS OF SERVICE, the Application Store will have the right (and will be deemed to have accepted the right) to enforce these TERMS OF SERVICE against you as a third-party beneficiary hereof. You agree to comply with, and your license to use HAKUNA and HAKUNA Application is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using HAKUNA and/or HAKUNA Application.
MOVEFAST may use carrier distributed mobile messaging (SMS) to verify ownership of a registered mobile phone number.
Additional Information: To receive information or technical support for HAKUNA, please mail to firstname.lastname@example.org.