Kyuramen Mobile Application Terms of Uses
Last Revised: Aug 15, 2020
These Terms of Use (the “Terms”) for the Kyuramen Mobile Application (the “App”) constitutes a binding agreement between the App User (the “User” or “You”) and Kyuramen App LLC (collectively, “Kyuramen”). By downloading, installing, accessing, and/or using the App, the User consents to acceptance of these Terms and to be bound by them. If User does not agree to these Terms, User should uninstall this App and cease using it immediately.
Please review these Terms carefully. These Terms contain provisions that limit Kyuramen’s liability to the User. Among others, the Terms contain an Arbitration provision that governs any potential disputes between the User and Kyuramen. Unless you opt out of this Arbitration provision as described further below, this provision will: 1) waive your right to a trial by jury, and 2) substantially affect your rights, including preventing you from bringing, joining, or participating in class action or other consolidated proceedings.
Privacy
Please read the Kyuramen Privacy Policy within this App carefully to understand how Kyuramen collects, uses, and discloses personally identifiable information from its users, including information provided by You. By downloading, installing, accessing and/or using the App, You consent to all actions that we take with respect to your data consistent with the Kyuramen Privacy Policy.
Kyuramen Rewards Program
Kyuramen may allow you to register and participate in the Kyuramen Rewards Program. Please refer to the Kyuramen Rewards Program Terms of Use for more information about the terms and conditions that apply to your use of and participation in the Kyuramen Rewards Program.
Kyuramen Card
Kyuramen may allow you to register an account to use the Kyuramen Card and Kyuramen gift cards. Please refer to the Kyuramen Card Terms of Use for more information about the terms and conditions that apply to your use of and participation in the Kyuramen Card program, Kyuramen Card is referred as My Card in this App.
Eligibility
Anyone using this App must be at least 13 years of age as this App is not intended to be used by any person under the age of 13. If the User is between the ages of 13 and 18, the User may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
In order to use the App, You will need to create and register for a user account. You agree to 1) create only one account; 2) provide truthful, accurate, and complete information when creating and registering your account; 3) maintain and promptly update your account information; 4) maintain the security of your account by, including but not limited to, restricting access to your account and any electronic devices that may access your account; 5) promptly notify Kyuramen if you discover or otherwise suspect any security breaches relating to your account; and 6) take responsibility for any and all activities that occur under your account and accept all risks of unauthorized access to your account.
If You create and register for a Kyuramen account to use the App, You agree to receive electronic communications from Kyuramen.
Intellectual Property
All of the material on the app is owned by Kyuramen is subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by Kyuramen’s, or by third parties who have licensed their materials/software to Kyuramen. Kyuramen App LLC, Kyuramen, and any and all other Kyuramen trademarks, service marks, graphics, and logos used in connection with the App are trade names or trademarks owned by Kyuramen.
Digital Millennium Copyright Act Notice
If You believe any material contained within the App infringes a copyright you own or control, you may file a notification of any alleged infringement using the contact information set forth below at the end of these Terms. We suggest you refer to 17 U.S.C. § 512(c)(3) for what constitutes a proper notification. In such a notification, if you knowingly misrepresent that the material or activity referenced therein is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred directly or indirectly by Kyuramen as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Acceptable Use
User’s use of the App, and any content and/or information transmitted in connection with the App, is limited to the contemplated functionality of the App. Under no circumstance may the App be used in a manner that: 1) is unlawful, deceptive, or fraudulent; 2) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party; 3) includes spam or any unsolicited advertising; 4) uses technology or other means to access the App or any content contained therein that is not authorized by Kyuramen; 5) uses or launches any automated system, including without limitation, "robots," "spiders," “macros,” or "offline readers" to access the App or any content contained therein; 6) attempts to introduce viruses or any other computer code, files, applications, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; 7) attempts to gain unauthorized access to Kyuramen’s computer network or user accounts; 8) encourages or induces conduct that would constitute a criminal offense or that gives rise to civil liability; 9) violates these Terms; 10) misrepresents your identity or affiliation with another person or entity; or 11) fails to comply with any applicable third party terms or agreements.
Kyuramen reserves the right, in its sole discretion, to terminate any User account, remove any content associated with any User account, or assert legal action with respect to the User’s use of the App, that Kyuramen believes is or might be in violation of these Terms.
Third Party Content
Kyuramen may provide third party content on the App (including embedded content) or links to third-party web pages, content, applications, products, and services, including advertisements and promotions (collectively, “Third Party Content”). We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any Third-Party Content or reference thereof does not imply affiliation, endorsement or adoption by Kyuramen of any site or any information contained therein, and Kyuramen can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Kyuramen is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to any use by You of such Third-Party Content contained therein is done solely at your own risk. You should understand that any dealings you have with third parties are not governed by these Terms.
Indemnification
The User agrees to defend, indemnify, and hold harmless Kyuramen and any of its parents, subsidiaries, affiliated companies, independent contractors, service providers, and consultants, along with their respective employees, contractors, agents, officers, and directors from any and all claims, lawsuits, damages, costs, fines, penalties, liabilities, and expenses (including attorneys’ fees) that arise from or relate to the User’s use or misuse of the App, violation of these Terms, violation of any rights of a third party, or your conduct in connection with the App. Kyuramen reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate in asserting any available defenses.
Representations, Warranties, and Disclaimers
The User uses the App at his own risk. To the fullest extent allowable under applicable law, Kyuramen disclaims all warranties, whether express or implied, including any warranties that the App or any content contained therein are merchantable, reliable, available, accurate, fit for a particular purpose or need, non-infringing, free of defects or viruses, able to operate on an uninterrupted basis, that the use of the App by the User is in compliance with applicable laws, or that information transmitted in connection with the App will be successfully, accurately, or securely transmitted or received. Notwithstanding the foregoing, none of the disclaimers herein shall apply to warranties relating to personal injury.
User represents and warrants that 1) he is not located in a country that is subject to a U.S. government embargo or has been designated by the U.S. government as a “terrorist supporting” country, and 2) he is not listed on any U.S. government list of prohibited or restricted parties.
No Liability
Subject to applicable law, in no event shall Kyuramen or its officers, directors, employees, shareholders, or agents 1) be liable to the User with respect to use of the App or any of the content or materials contained therein (including without limitation any damages caused by or resulting from reliance by a User on any information obtained from Kyuramen), or any damages that result from mistakes, omissions, interruptions, deletion of files or account information, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Kyuramen’s records, programs, or services; and 2) be liable to the User for any indirect, special, incidental, consequential, punitive, or exemplary damages, including without limitation, damages for loss of goodwill, lost profits, loss, theft, or corruption of User information, or the inability to use the App or any features contained therein. The User’s sole remedy is to cease use of the App.
Arbitration
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is typically more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
This provision is intended to be interpreted broadly to encompass any and all disputes or claims arising out of or relating to these Terms, your use of the App, and your relationship with Kyuramen. Any dispute or claim arising out of or relating to these Terms, your use of the App, or your relationship with Kyuramen or any of its parents, subsidiaries, or affiliated companies will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Arbitration Opt-Out
You may opt out of this arbitration provision and instead choose to pursue your claim in court if you do so within thirty (30) days from the earliest of the date you downloaded, installed, accessed or used the App (the “Opt-Out Deadline”) after these Terms have gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address, using the contact information set forth at the end of these Terms. Any opt-out received after the Opt-Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
Arbitration Procedures
For all disputes, whether pursued in court or arbitration, You must first send Kyuramen (using the contact information described at the end of these Terms) a written description of your claim in order to allow us an opportunity to resolve the dispute. You agree to negotiate your claim in good faith, and Kyuramen will do the same. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days of Kyuramen’s receipt of this written description.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA's Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in English. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Costs of Arbitration
Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Kyuramen will reimburse you for the filing fee within thirty (30) days of receiving a written request from You. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
Class Action and Jury Waiver
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If You opt out of the arbitration provision as described above, this class action waiver provision will not apply to You. Otherwise, neither You, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, You and we each waive any right to a jury trial.
Governing Law
These Terms and use of the App are governed by the laws of the State of New York, without regard to New York’s conflict of laws rules. If the arbitration provision in these Terms is ever deemed unenforceable or void, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in the State of New York for purposes of any legal action arising out of or related to the use of the App or these Terms.
Modifications
Kyuramen reserves the right to modify, revise, or change these Terms at any time and at its sole discretion by posting any modifications, revisions, or changes on the App. Continued use of the App following any such modifications, revisions, or changes to the Terms will constitute acceptance by You of any and all such modifications, revisions, or changes. You agree that we may provide any modifications, revisions, or changes to these Terms by electronic means, including by posting these within the App.
Kyuramen reserves the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. You agree that Kyuramen will not be liable for any modification, suspension, or discontinuance of the App or any part thereof.
Termination
Notwithstanding any of these Terms, Kyuramen reserves the right, without notice and in its sole discretion, to terminate your ability to use the App and to block or prevent your future access to and use of the App.
Severability
If any provision of these Terms shall be deemed unlawful, unenforceable, or void, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You may contact Kyuramen at the following:
119-12 29th Ave,
Flushing, NY 11354
(877) 648-2227