Privacy Policy

This Privacy Policy applies to all services (collectively, our "Services") offered by ZuKool Inc. ("ZuKool," "we," "us," or "our") on our ZuKool.com website and other websites owned or operated by us (collectively, our "Sites"). We take privacy seriously and we believe our Privacy Policy reflects that. Please read our Privacy Policy carefully. It sets forth our policies regarding the collection, use and disclosure of personal identifying information relating to your use of our Sites and Services. By using our Sites and/or Services, you signify that you understand and agree to the terms of our Privacy Policy. If you do not understand or agree with our Privacy Policy, please do not use our Sites or our Services.

From time to time, we may update or modify our Privacy Policy and any such updates or modifications will be effective upon our posting a copy of our Privacy Policy as so amended. You are responsible for regularly reviewing our Privacy Policy. If you do not agree to our Privacy Policy as amended from time to time, you must stop using our Sites and/or our Services and, if applicable, you must cancel your subscription to our Services. You will be deemed to have accepted our Privacy Policy as amended if you continue to use our Sites and/or any of our Services after any updates, modifications, changes or amendments to our Privacy Policy are posted.

If you have any questions or concerns about our Privacy Policy, please feel free to contact us at privacy@ZuKool.com.

What information we collect, how we use it, and with whom we may share it:

  • Registration information you provide.
    You must register with us in order to access or use some features of our Services such as to create, modify, save and share multiple taste lists. Registration is simple. All we require is a user name (which may be pseudonymous), an account password of your choice, and a valid email address, all of which we maintain on secure servers. We do not sell, rent or share your email address with anyone.

  • Your communications on our Sites.
    Our Sites that contain community features may allow you to send messages to your friends, communicate with others on message boards and share information on other community features (for example, personal and group pages). Only your user name will identify you in your ZuKool Site email address, messages, postings and other community features. We collect and maintain the information associated with those messages, postings and community features, including email addresses and content on secure severs. Any messages that you send or post through community features on our Sites will be considered public information and may be collected and used by others. We cannot be held responsible for any information you choose to make public.

  • Your communications with us.
    When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests, improve our Services, and develop new Services. All your communications to us are subject to our Privacy Policy.

  • Links and promotions.
    We may provide you with links and promotions to other websites and web services to enable you to purchase products or use services. We keep track of whether these links have been followed and use this information to improve our search/recommendation technologies, customized content and targeted advertising. Personal information that you provide to those sites may be shared with us and we treat all such received information in accordance with our Privacy Policy. However, we have no control over, and are not responsible for, these sites and they may have different privacy practices. We encourage you to read their privacy policies.

  • Cookies.
    When you visit our Sites, we send one or more cookies (a small text file containing a string of alphanumeric characters) to your computer that uniquely identifies your browser. We use cookies to track user trends and store user preferences in order to improve the quality of our Services. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our Services and some features on our Sites may not function properly if the ability to accept cookies is disabled.

  • Automatic data collection.
    In order to optimize our recommendations to you, we keep track of your search requests, search criteria/parameters, the recommendations we make to you and what recommendations you prefer and select. We analyze this data to improve our search/recommendation technologies and customized content we provide to you as well as to provide targeted advertising. We share this data with third parties, such as advertisers. We do not, however, share your personal identifying information. We may also share with third parties aggregate non-personal, statistical information that does not identify you individually, such as the number of users, frequency and manner of usage of our Services, user preferences, the number of users per search criteria/parameter, and the number of users clicking through a particular link/advertisement.

  • Log information.
    When you use our Services, our servers automatically record information that your browser sends whenever you visit our Sites. This information may include your web request, Internet Protocol address, browser type, browser language, referring/exit pages and URLs, number of clicks, landing pages, pages viewed, the date and time of your request, and one or more cookies that may uniquely identify your browser. We keep this information for our internal security audit log, aggregate trend analysis and system administration.

Legally compelled disclosure.
We will disclose and share your personal identifying information when we have a good faith belief that disclosure of such information is reasonably necessary to (1) satisfy any applicable law, regulation, legal process or enforceable government request, (2) enforce our Terms of Use, including investigation of potential violations thereof, (3) detect, prevent or otherwise address fraud, security or technical issues, or (4) protect the rights, property or safety of ZuKool or our users as required or permitted by law.

Transfer of Information.
We reserve the right to transfer your personal information in the event of a transfer of ownership of ZuKool, such as an acquisition by, or merger with, or sale of some or all of our assets to, another company. We will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Consent to processing.
We process personal information on our servers in the United States and other countries. By providing any personal information to us, you fully understand and consent to the transfer of such personal information to, and collection and processing of such personal information in, the United States and other countries.

Information Security.
We use appropriate measures and procedures to protect your personal information from loss, misuse, unauthorized access or disclosure, alteration or destruction, including storage on secure servers, encryption and other security measures. Although we take, and require our third-party providers to take, commercially reasonable security precautions regarding your personal information collected from and stored on our Sites, due to the open nature of the Internet, we cannot guarantee that any of your personal information stored on our servers, or transmitted to or from a user, will be free from unauthorized access. We disclaim any liability for any theft or loss of, unauthorized access or damage to, or interception of any data or communications. By using our Sites and/or our Services, you acknowledge that you understand and agree to assume these risks.

Notice to International Users.
Our Services are intended specifically for, and directed to, users in the United States. Our Privacy Policy is written to satisfy United States regulations, which may differ from those in your country of domicile. By using our Sites and/or Services, you agree to the level of privacy protection set out in our Privacy Policy.

Terms of Use

1. AGREEMENT

This is a legal agreement between you and ZuKool Inc. ("ZuKool," "we," "us," or "our") with respect to your access and use of our services now or hereafter developed (collectively, our "Services") on our ZuKool.com website (our "Site").

By using our Site or registering for our Services, you signify that you understand and agree to the terms and conditions contained in these Terms of Use without any modifications, additions or deletions by you, and which may be amended by us from time to time without notice to you (these "Terms of Use" or this "Agreement"). If you do not understand or agree to these Terms of Use, you are not authorized to use our Services, and you may be denied access to our Services without prior notice to you.

2. MODIFICATION OF THESE TERMS OF USE

From time to time, we may update or modify these Terms of Use and any such updates or modifications shall be effective upon our posting a copy of these Terms of Use as so amended at http://www.zukool.com/zwiBeta/site/legal.html. You are responsible for regularly reviewing these Terms of Use. If you do not agree to these Terms of Use as amended from time to time, you must stop using our Services and, if applicable, you must cancel your subscription to our Services. You will be deemed to have accepted these Terms of Use as amended if you continue to use any of our Services after any updates, modifications, changes or amendments to these Terms of Use are posted on our Site.

3. ACCESS TO OUR WEBSITE; YOUR REGISTRATION OBLIGATIONS

You are authorized to access our Site and use our Services for your own personal, non-commercial use only and as set forth in these Terms of Use.

You represent that you are of legal age to form a binding contact and that you have read and understood, and agree to be bound by, these Terms of Use. If you do not agree to, or cannot comply with, any of the terms and conditions of these Terms of Use, do not attempt to access any of our Services.

In order to access or use some features of our Services, you are required to register and provide certain information including a user name, a ZuKool account password and a valid email address (collectively, the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. Your Account Information and certain other information about you are subject to our Privacy Policy as set forth in Section 4 below.

You agree that you will not allow others to use any aspect of your Account Information. You are responsible for all activities that occur in your ZuKool account and are solely responsible for maintaining the confidentiality and security of your Account Information. You agree to notify us immediately of any unauthorized use of your user name, ZuKool account password and/or ZuKool account. We will not be responsible for any losses arising out of the unauthorized use of your user name, ZuKool account password and/or ZuKool account and you agree to indemnify and hold ZuKool, its directors, officers, employees, affiliates, agents, partners, contractors and licensors, as applicable, harmless for any improper, unauthorized or illegal uses of the same.

4. PRIVACY POLICY

Our Site and our Services are subject to our Privacy Policy. You acknowledge, consent and agree that we may disclose information, including your Account Information, to any authority, government official or third party without notice to you in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of our Services.

5. YOUR CONDUCT AND RESPONSIBILITIES

You agree that you will not:
a. Use our Services for any purpose that is unlawful or prohibited by these Terms of Use;
b. Copy, store, edit, change, prepare any derivative work of, alter or distribute in any way any content available on our Site or through our Services;
c. Use our Services in any manner that could damage, disable, interfere, overburden or impair our Services or any portion thereof, or interfere with any other party's use and enjoyment of our Services;
d. Circumvent any technology used by us or our partners or licensors to protect content accessible through our Services;
e. Attempt to gain unauthorized access to any account, computer systems or networks connected to our Services or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to our Services; or
f. Translate, modify, reverse engineer, decompile or disassemble any part of our Site or our Services or any portion thereof.

6. MATERIALS YOU POST OR PROVIDE ON OUR SERVICES

You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials ("Submission"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Submission originated. You are solely responsible for all Submissions that you upload, post, email, transmit, provide or otherwise make available on and through our Services. You understand and agree that we do not control, endorse or guarantee the accuracy, integrity or quality of Submissions posted or exchanged on and through our Services. You understand that you may encounter offensive, indecent or other objectionable Submissions when using our Services. We specifically disclaim any liability for any Submissions, including without limitation, any errors or omissions in any Submission or any loss or damage of any kind incurred as a result of the use of any Submission uploaded, posted, emailed, transmitted, provided or otherwise made available on or through our Services.

You agree to use our Services only to upload, post, email, transmit, provide or otherwise make available appropriate Submissions that conform to the letter and spirit of these Terms of Use. By way of example, and not as a limitation, you agree that when using our Services, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, transfer, distribute or disseminate any harmful, inappropriate, profane, defamatory, libelous, vulgar, obscene, indecent, hateful or racially, ethnically or otherwise objectionable or unlawful materials or information.
- Create a false identity for the purposes of misleading others.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission transmitted through our Services.
- Transfer of otherwise make available Submissions that infringe any copyright, patent, trademark, trade secret or other proprietary rights of any party.
- Use our Services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, spamming or any duplicative, bulk or unsolicited messages, commercial or otherwise.
- Transfer or otherwise make available files or other materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another.
- Use any portion of our Services to harvest or otherwise collect information about others, including email addresses.

We reserve the right to monitor communications on our Services and to pre-screen, refuse, move, edit or remove any Submission, in whole or in part, in our sole discretion that you transfer or otherwise make available on and through our Services.

We do not claim ownership of any Submissions you upload, post, email, transmit, provide or otherwise make available on or through our Services for view by us and other users of our Services. No compensation will be paid for the use of your Submissions.

7. DEALINGS WITH ADVERTISERS

Your dealings with, or participation in promotions of, advertisers found on or through our Site and our Services are solely between you and such advertiser and subject to the terms and conditions associated with that advertisement or promotion. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on our Site and our Services.

8. LINKS AND INTERACTION WITH THIRD-PARTY SITES AND SERVICES

Our Services may provide you with links to third-party websites and web services. We are providing these links to third-party sites only as a convenience to you, and the inclusion any such link does not imply that we endorse the contents thereof. We have no control over such third-party sites or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or goods or services available through any such third-party site.

9. DISCLAIMERS

OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT USE OR RESULTS OF OUR SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.

WE MAKE NO GUARANTEE OR REPRESENTATION THAT OUR SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ZuKool, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE OR PECUNIARY LOSSES) EVEN IF ZuKool HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMIATIONS MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US$1.00) OR THE TOTAL SUBSCRIPTION AMOUNT PAID BY YOU FOR OUR APPLICABLE SERVICE AT ISSUE.

11. INDEMNITY

You agree to indemnify and hold ZuKool, its directors, officers, employees, affiliates, agents, partners, contractors and licensors harmless from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services, the violation of these Terms of Use by you, or the infringement by you, or other user of our Services using your computer or identity, of any intellectual property or other right of any person or entity.

12. TERMINATION/ACCESS RESTRICTION

We reserve the right, in our sole discretion, to discontinue, whether temporarily or permanently, our Services or any portion thereof without notice to you. You agree that we shall not be liable to you or to any third party for any suspension or discontinuance of our Services.

13. GOVERNING LAW

Our Site and Services are controlled and offered by us from our facilities in the United States. We make no representations that our Services are appropriate or available for use in jurisdictions outside the United States. Those who access our Site or use our Services from jurisdictions outside the United States do so at their own volition and are responsible for compliance with local laws.

If you reside in the United States, claims for enforcement, breach or violation of duties or rights under these Terms of Use are governed by the laws of the State of California without reference to conflict of law principles. All other claims, including without limitation, claims under or for violation of state consumer protection laws, unfair competition laws and in tort are governed by the laws of your state of residence in the United States. If you reside outside the United States, these Terms of Use are governed by the laws of the State of California without reference to conflict of law principles.

You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the courts located within the County of Alameda, California, in all disputes arising out of or relating to these Terms of Use or your use of our Services.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SERVICES OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUES OR BE PERMANENTLY BARRED REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRAY.

14. INTELLECTUAL PROPERTY MATTERS

You acknowledge and agree that our Services contain proprietary and confidential information protected by applicable intellectual property and other laws. You agree not to translate, reverse engineer, decompile, disassemble, modify or create derivative works based on our Services or any portion thereof.

You acknowledge and agree that the content contained in sponsor advertisements or information presented to you through our Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of our Services, use of our Services or access to our Services.

Our Services are owned by ZuKool and are protected by United States copyright laws and international treaty provisions.

We may have patents, patent applications, trademarks, copyrights or other intellectual property rights covering subject matter in any web pages that are part of our Services. Except as expressly provided in these Terms of Use, the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights or other intellectual property. Any rights not expressly granted herein are reserved.

15. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you know or, or suspect, copyright infringement, please send a notice to ZuKool Inc.
The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.

16. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us and governs your use of our Services, superseding any prior agreement between you and us with respect to our Services.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Artists and Labels

Interested in finding out more about how ZuKool Music can power your artists and labels? Please send us an email and someone will get right back to you.

You can also contact us directly at:

Lynn Yamashita, Interim CEO (US Office)

email: lynn@zukool.com
phone: 510-540-8752

Kazuki Arita, President (Japan Office)

email: kazz@zukool.com
phone: +81 (0)6-6585-7070