Terms and Conditions

General

These Terms and Conditions govern your use of SubmitYourArticle.com, which is provided by Takanomi Limited. Your access of SubmitYourArticle.com indicates your acknowledgement and acceptance of these terms which are subject to change at any time. You agree to consult these terms regularly because any use of the site after changes are made to the terms indicates your acceptance and acknowledgement of the changes.

Company Information

Takanomi Limited is a limited company registered in England and Wales with company number 5629683. Registered office: 31 St Saviourgate, York, United Kingdom. VAT number: GB918074321.

General Disclaimer - No warranties

Takanomi Limited (the Company) does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the Materials) contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website (the Service), nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the Products).

You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Materials.

The software, services and other materials provided by or on this web site are provided on an as is basis, and in no event shall the Company be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, software and materials.

This disclaimer does not negate the terms of the guarantee related to the product(s) sold on this web site, and as clearly stated on the web site. Further information related to your redress can be found below.

Contact Information

Please click the Contact Us link above for our full contact information.

Trading Names

SubmitYourArticle.com is a trading name of Takanomi Limited.

Our Product

Every effort has been made to accurately represent the product(s) sold on this site and its/their potential.

Any questions about the exact nature of the product provided should be addressed to us via our contact information provided above.

Claims of Income

Where any claims of actual earnings are made, or examples of actual results provided, these can be verified upon request. The testimonials and examples used are exceptional results, do not apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. The success of any individual person depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money.

External Links

The Company is not responsible for the content of any external sites. The content of sites external to those owned by the Company is not, and shall not be construed as having any relation to those maintained and operated by the Company.

Copyright

Excepting user-originated articles, this website is copyright Takanomi Limited. You may not make any use of the copyright material owned by the Company without explicit written permission of Takanomi Limited. You agree to cooperate with the Company in causing any unauthorised usage immediately to cease.

User-originated articles in our article directory may be freely used and republished, providing the article is not amended save for minor edits, full acknowledgement of the author is provided and the resource box associated with the article is printed in full with any links made active.

If you believe that an infringement of your copyright has occurred in content provided on this website, you agree to notify us immediately so that we can redress the matter, and you agree to allow us 7 days from our receiving such notification to investigate and remove the content from the web site.

Content

You agree that views expressed by contributors to, and authors of articles published on, SubmitYourArticle.com, are solely those of the author or contributor, and are not shared by SubmitYourArticle.com.

Age Restriction

You must be eighteen (18) years or older to access this web site. Due to the age restrictions for use of this web site, no information obtained by this web site falls within the child online privacy act (COPA) and is not monitored as doing so.

In addition, Takanomi Limited does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe the Company has any information from or about anyone under 13, please contact us via our contact information as described above.

Affiliate Program

The affiliate and the Company are independent contractors, and in promoting our products by whatsoever means, no form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties is acknowledged to exist.

Copyrights And Trademarks

All content included on the SubmitYourArticle.com website, including text, graphics, audio clips and software, is the property of the Company or its content suppliers and protected by U.K., U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors, except for articles in our article directory at http://articles.submityourarticle.com, which may be freely republished provided the content remains intact, and the resource box at the end of the article is included with any links made active.

Takanomi Limited, SubmitYourArticle.com, SubmitYourArticle, ArticleLeverage, ArticleTrickle and the SubmitYourArticle.com logo and associated graphics are trademarks of Takanomi Limited.

Trademarks of Takanomi Limited may not be used in conjunction with other companies’ products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Takanomi Limited, its products and services.

Privacy Policy

Our Privacy Policy forms an inherent part of these Terms and Conditions.

Language

The language available for the conclusion of any contract on this web site is English.

Customer Usage - Terms of Service

Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter. Agreement shall refer to this Terms and Conditions document; Takanomi Limited or the Company shall denote the Service Provider; the Service shall refer to any service(s) provided to the Customer through the SubmitYourArticle.com website; the Customer and/or you and/or your shall refer to any natural person or entity that uses the Service available on the SubmitYourArticle.com website; the Subscription Period shall refer to the 30 day period, or whatever other period exists between recurring payments as defined by the Subscription Terms when the Customer signs up to the Service, after payment is made to the Service Provider from the Customer.

By subscribing to, purchasing, accessing, installing or otherwise using the Service, you indicate your acknowledgement and acceptance of, and agree to use the Service in compliance with this Agreement. You are advised to retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, you should not use the Service.

This Agreement is subject to change at any time, and as such, you agree to consult this document regularly - your continued use of the Service after such change will constitute your acceptance of and agreement to be bound by the updated Agreement.

Subscription Terms

The terms and associated costs of any subscription to our service are as displayed on the relevant payment page. Subscriptions to our service are without obligation and can be cancelled at any time either by contacting ourselves through our support site or via email, or by contacting the relevant payment processor, such as WorldPay, Clickbank or Paypal.

Single Purchase

The terms and associated costs of any single purchase which does not involve a subscription to our service are as displayed on the relevant payment page.

Service

Takanomi Limited provides the Service that enables you to import, manage, and edit your articles and associated details, and to distribute them to our publishing network.

The Purchase Process

Upon clicking a button or link provided on the web site to enable you to purchase the product, you will be transferred to a secure payment processor web site, where you will be asked to enter your payment information.

Where requested to do so for Tax purposes, the Customer declares they either act as a private consumer and will use the Service for private purposes, or that they will use the Service for business purposes. The Customer is solely responsible for this declaration and for all and any results of any misrepresentation in this matter.

Following your payment, you will be transferred back to this web site and to a page where you will be able to retrieve your access information for the Service, or other details where relevant to a Single Purchase.

We will also automatically send you an initial email confirming details of how to access the Service, or otherwise where relevant details relating to your Single Purchase.

In addition, you will receive via email an automated receipt for your payment from the relevant payment processor to the email address you provided to them. You are advised to print out and carefully store this information.

If for whatever reason you believe you have not received your access details after purchasing the Service, or details relevant to your Single Purchase if applicable, please contact us via our contact information as described above so we can assist you further.

You can also use the above means should you have any further queries regarding a purchase you have made via this website.

Upon subscription to the Service, or purchase of a Single Purchase, and where such invoices are issued by the Company, the Customer expressly agrees to receive invoices issued by the Company by electronic means of communication.

Upon the receipt of each payment where VAT has been paid to the Company by the Customer, the Company will issue an invoice for the Service within 30 days.

For payments made through Clickbank.com, invoices are issued by Clickbank.com and not by the Company.

Payments

Where the Customer has purchased a subscription to the Service, and that subscription is still active:

  1. The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen payment scheme.
  2. The Customer agrees to pay recurring fees for the subscription, as per the subscription plan, until the subscription is cancelled. The recurring fee, deducted automatically, is based on the price they agree to on subscribing to the Service, other than currency fluctuations which may apply if their payment is in a currency other than the US dollar.
  3. Access to the Service shall be provided to the Customer for the relevant Subscription Period following each subscription payment.
  4. The recurring fee will be taken automatically from the Customer on the first day after the expiration date of the Subscription Period. If this is unsuccessful, the Company or its chosen payment processor will try again to take the payment in the days that follow. An unsuccessful attempt to take the due payment may result in Takanomi Limited terminating or restricting the usage of and access to the Service by the Customer.

A subscription payment for the Service includes the fee in advance for (i) the subscription to the Service, (ii) email and online customer support, (iii) an unlimited number of articles to be distributed (Fair Usage Policy applies, see below) (iv) other special features as described in the Service website, and as introduced and made available to the Customer from time to time.

Tax on goods and services (VAT) shall be added to the payment price where appropriate and in accordance with currently effective rates.

Delivery Costs and Times

There is no cost of delivery, as the Service is available digitally, immediately, or as soon as possible, after purchase.

Your Redress

If for any reason you are not satisfied with the product, your sole redress and our maximum liability, is a refund of all the monies you have paid via the payment link(s) provided on this web site, within 60 days of your payment, as per the terms of our guarantee. Under no circumstances will any further liability, for any reason whatsoever, be acknowledged, unless otherwise so determined under law.

The Company is obliged to refund the total sum paid by the Customer free of charge and as soon as possible, and in so doing to cancel any subscription of the Customer and restrict or terminate any future use of the Service.

To obtain such a refund, the Customer should contact Customer Support via our contact information described above with their refund request.

Termination Of Service

Where the Customer has purchased a subscription to the Service, the Customer is under no obligation and has the right to cancel their subscription at any time by contacting the Company via its normal support channels. To enable their subscription to be cancelled before their next payment is made, they should contact the Company with their request no later than two business days before their next subscription payment is due.

In the case of a subscription set up through Clickbank.com, the Customer is also able to contact Clickbank.com in order to cancel their subscription.

Upon the cancellation of their subscription where made at the request of the Customer, the Customer shall be able to continue to use the Service for the remaining part of their current Subscription Period, unless a refund is provided, in which case further usage of the Service and access to the Website may be restricted or terminated with immediate effect.

Other than our stated guarantee, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid, regardless of Customer usage level of the Service.

In addition, the Company reserves the right to do the following at its sole discretion:

  1. Suspend and terminate the Customer account and refuse any and all current or future use of the Service for whatsoever reason.
  2. Cancel placed orders
  3. Refuse access to the web site
  4. Issue a warning to the Customer should they be found to be using the Service for any abusive or illegal practices, or activities which negatively impact either our systems, business or our other customers, and if such practices continue despite the warning, to take appropriate action, including suspending or terminating the Customer account, and/or reporting the Customer to the proper authorities.

Any termination or restriction of service at the behest of the Company will be made with immediate effect. Other than than our stated guarantee, the Customer shall not have any right for reimbursement of any payments made.

Technical Requirements

Takanomi Limited provides that the Service will operate on Windows 2000/Me/XP/Vista/7 and Mac OS platforms with the latest version of Internet Explorer, Mozilla Firefox, Chrome or Safari.

Customer Support

Takanomi Limited provides online support for the Customer, to which all support requests, questions, error reports and so on, should be addressed. The Customer should provide such details as to allow Takanomi Limited to easily identify their account with us.

Support links are also available through the SubmitYourArticle.com Member Site, through which the Service is provided.

Takanomi Limited aims to respond within two business days after receiving a request from the Customer.

Customer Obligations and Agreement

On registering with us for use of the Service, the Customer agrees to supply the details we require for their proper registration with us, and ensure such details are properly maintained and promptly updated to ensure its continuing accuracy.

The Customer is provided with login details, which they may later change from within their account. The Customer is responsible for maintaining the secrecy of their login details.

By submitting an article through the SubmitYourArticle.com article distribution service, the Customer agrees:

  1. They are solely responsible for the content of the materials which they enter onto the web site for distribution by means of the Service.
  2. They are the rightful copyright holder of all the content they submit, or that they have written authorization from the copyright holder that they can submit the content to us and use the Service to distribute the content.
  3. They shall not submit any content for which they are not the rightful copyright holder or for which they do not have proper authorization from the copyright holder to distribute the content.
  4. If such content is found to infringe the copyright of a third party, they are solely liable.
  5. In no event shall Takanomi Limited or its directors, owners or representatives be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the use by the Customer of the service, software and materials, or to the distribution of the content submitted by the Customer to us.
  6. They are solely responsible for the content of, and the views expressed within, their article and other such content submitted to us.
  7. The content submitted to us can be freely republished, online or offline, in full including the resource box, at any time, without any form of compensation, monetary or otherwise.
  8. The Service acts as an article distribution agent on behalf of the Customer for their article, distributes their article to publishers of our choosing, and is authorized by the Customer to make its reasonable judgement in agreeing to any terms and conditions on behalf of the Customer, where such terms and conditions are published on web sites to which their article is submitted.
  9. Although the Service always tries to only submit Customer articles to responsible publishers, the Customer understand that their article will be available on several web sites following its distribution, where it can consequently be freely copied for the purposes of republication, in line with appropriate free reprint article publishing guidelines, and they will not hold Takanomi Limited in any way responsible or liable for the way in which publishers publish their article, whether the Service submits to them directly or not.
  10. The Customer agrees that any issue they may have with an individual publisher is between the Customer as the originator of the article, and the publisher, and not with Takanomi Limited. The Customer also agrees SubmitYourArticle.com exists as an article distribution service, that it is beyond the scope of the Service and nor is it liable to later reverse, whether partially or otherwise, such distribution, and that Takanomi Limited has no liability whatsoever where the Customer may later require removal, editing or other adjustment to content that has been distributed to sites, publishers or elsewhere through the Service, and that any such requirement must be solely communicated between the Customer and the publisher of such content.
  11. While the Service works hard to maximize the exposure of articles in order to maximize the benefits for the Customer, we cannot guarantee submission to or publication by any individual web site.
  12. The email address that the Customer registers with SubmitYourArticle.com, and uses for log in to the Service, cannot be kept private due to the intrinsic nature of the article distribution process - for example, the email address is used where requested for submission to web site article submission forms and is used as the From address for email submissions sent to our in-house publisher list. However Takanomi Limited never passes on the email address of the Customer email address to third parties for purposes other than for the distribution and submission of their article.
  13. An email address registered with us for the purpose of Takanomi Limited providing invoices to the Customer will be kept private for that express purpose in line with our privacy policy.
  14. Although the Service endeavours to submit Customer articles correctly to publishers and web sites, and promptly correct any issue that we are alerted to, technical issues may arise from time to time that mean articles and any accompanying information may be on occasion incorrectly submitted to individual web sites, for example, in the incorrect formatting of your article. You agree to alert the Service (via our normal support channels) to such occurrences so that we can redress the issue for future article submissions, and not to hold Takanomi Limited or its owners liable for any such occurrence.
  15. Distribution of articles is based on the Customer's membership level in real time, ensuring any changes such as account upgrades take immediate effect on articles in distribution. To avoid issues in distribution, the distribution of articles for Customers where the Customer's membership has lapsed will be paused, allowing the Customer to resume distribution for such article(s) upon reactivation of their membership with us.
  16. All articles submitted to the Service by the Customer must meet our editorial guidelines, and all articles are editorially reviewed for compliance prior to distribution. The Customer agrees to ensure that all articles are written to meet our guidelines as far as possible, and in the event that an article does not meet our guidelines for whatever reason, to follow the instructions and help provided in editing the article before resubmitting the article for distribution. Takanomi Limited reserves the right, at its sole discretion, to permanently delete any article where issues remain in an article despite repeated requests for modifications, and to terminate or temporarily or permanently restrict further usage of the Service provided to any Customer who persistently fails to respect our editorial guidelines.
  17. While articles distributed through SubmitYourArticle.com are published within the SubmitYourArticle.com article directory, as well as other sites within our distribution network, Takanomi Limited reserves the right on rare occasion to remove any article from the SubmitYourArticle.com website, whether published or unpublished, at any time, for any reason, and without notice. Even if removed from the SubmitYourArticle.com article directory, this does not affect the publication status of the same article on other sites within our distribution network, which remain under the control of the owners of those other sites.

Unlimited Articles - Fair Use Policy

The Customer agrees that while we provide customers with unlimited article submissions, which for the vast majority of Customers will be more than adequate to cover their article submission requirements, a fair use policy applies by which we expressly reserve the right to terminate the account or restrict access, temporarily or permanently, of customers who submit articles in numbers which in our sole determination we regard as unreasonable, for example where the number of articles submitted are far in excess of normal service usage by the average Customer and where such activity is likely to negatively impact the Service we are able to provide to the rest of our customers.

Pen Names

Depending on the account level of the Customer, the Customer can add one or more pen names to their SubmitYourArticle.com account.

Each pen name must be unique within the system as a whole and is regarded as having temporary status within the Customer account until one or more articles have been partly or fully distributed using that pen name.

On rare occasion, the Customer may require use of a particular pen name but is unable to use that pen name due to its existence in another Customer account.

The following policy applies in order to prevent an unfair limitation on the ability of the Customer to use a pen name which has temporary status within another Customer account.

If such a pen name has temporary status (i.e. has not been used for any articles that have been partially or fully distributed) in the Customer account, we may contact the Customer to check their intended use of the pen name and see if they still require use of it.

If we fail to receive a response from the Customer within a reasonable time period, and the pen name has had temporary status for more than fourteen (14) days, in order to be fair to the other Customer and enable their use of the pen name concerned, we may on rare occasion and without further notice or recompense remove that pen name from the Customer account. Please note this only applies where the pen name has not so far been used for any distributed articles, and there is no indication that it will be used.

Distribution Reports

Distribution reports are available through the Members Site for articles that started distributing after 1 September 2012 and where the Customer has the appropriate level of membership as described on our website. Distribution reports are not available where the current level of membership of the Customer is not at the required level, and this applies even if the Customer was at the appropriate level of membership at some point previously, such as when they submitted the article concerned for distribution or at some point during the distribution process of the said article.

General

The Customer accepts that they are solely responsible for any actions or omissions related to processing of personal data.

The Customer expressly agrees that use of the Service is at their sole risk and accepts the fact that the Service is provided on an as is basis, without guarantees of any kind.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by Takanomi Limited.

The Customer expressly consents to receive commercial information about products and services of Takanomi Limited, whether received electronically or via direct mail.

Acceptable Use Policy

  1. The Customer is not allowed to use the Service to send any material that, intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter, or any copyrights or any other rights of a third party.
  2. The Customer agrees that their use of the Service is subject to all applicable national, international, state, and local laws as well as any and all applicable regulations, including the Terms of Service. Furthermore, the Customer agrees that, as far as their business practices are concerned, they shall not stream, disclose, engage and/or offer to sell any goods or services that:
    1. Are unlawful, threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of the privacy of another person, tortuous, or otherwise violate the rules or policies of the Company
    2. Victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of religion, politics option, gender, sexual orientation, race, ethnicity, age, or disability
    3. Associate any content streamed through the Service with pornography, adult related material, child pornography, bigotry, racism, hatred, profanity, mail fraud, the promotion of gambling, or any material which may be insulting to another person or a company
    4. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, unauthorized copying and posting of articles or other written works
    5. Contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate services or any system, program, data or personal information, or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party
    6. Impersonate any person or entity, including any of our employees or representatives
    7. Violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising
    8. Offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice
    9. Are associated with any form of gambling or lottery type services
    10. Are associated with any form of adult, sexually oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) or older to view or purchase those materials, escort services, and adult websites
    11. Are associated with the sale of:
      1. Any controlled drug that requires a prescription from a licensed practitioner; or
      2. Any over-the-counter drug, or
      3. Nonprescription drugs
    12. Are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters
    13. Are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons
    14. Market for:
      1. Nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine
      2. Alcohol of any kind
      3. Drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind
      4. Medical services, medical aid, medical assistance, medicines
      5. Video lotteries, cylindrical games, card games, dicing, and automated games
    15. Use the Service to call on minors directly to purchase products or services
    16. Encourage minors to influence their parents or other persons with an aim of impelling them to buy products or services marketed through the Service
    17. Take advantage of the inexperience and credulity of minors, or otherwise exploit the special trust minors have in their parents, teachers or other persons
    18. Unreasonably show minors in dangerous situations, or
    19. Use the Service to affect the subconscious of a recipient

The foregoing list is non-exhaustive of prohibited goods and services.

Complaint Procedure

The Customer is requested to submit their complaint through our Customer Support Service, as described in the Customer Support section above.

The Customer Support Service will investigate the problem as soon as possible and advise the Customer how the issue will be or has been processed.

Should any problem with the Service occur, Takanomi Limited assures to undertake all measures to solve it as soon as feasible.

Disclaimer Of Warranties. Limitation Of Liabilities

Takanomi Limited does not guarantee any minimum response times nor distribution times in connection with performance of the Service.

All relevant files on the Takanomi Limited server, including those containing personal Customer data and information stored and processed on Takanomi Limited servers through the Service, are backed up and stored separately.

TAKANOMI LIMITED DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. TAKANOMI LIMITED DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON AS IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

For breach or default by Takanomi Limited of any of the provisions of this Agreement, the entire liability of the Company, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by the Customer for the Service that is the subject of the claim in one month immediately preceding the date the Customer notifies Takanomi Limited of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Takanomi Limited to the Customer.

IN NO EVENT WILL TAKANOMI LIMITED NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF TAKANOMI LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

Takanomi Limited shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the Customer to comply with their obligations under this Terms of Service.

Takanomi Limited is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond the reasonable control of the Company. Takanomi Limited is not responsible for short, temporary and accidental suspension of the Service, as the result of circumstances which Takanomi Limited could not foresee or suspect.

The Customer recognizes that Takanomi Limited does not own or control other networks, information and systems outside of its own network, nor is Takanomi Limited responsible for performance or non-performance within such networks. Takanomi Limited exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.

Takanomi Limited may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided equipment, or software used to deliver the Service.

Takanomi Limited may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. Takanomi Limited will give the Customer such notice of the maintenance as is reasonably practicable in the circumstances, provided that, in the event of scheduled maintenance that would last for more than one day, Takanomi Limited will use reasonable efforts to give the Customer notice of at least one day notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

The Customer acknowledges that the use of the Service is at their sole risk and Takanomi Limited is in no way responsible for the conduct of the Customer and/or the content distributed through using the Service. The Customer hereby indemnifies, and holds harmless, Takanomi Limited and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the wilful misconduct or negligent acts or omissions of the Customer or the officers, agents, employees or subcontractors of the Customer. Takanomi Limited shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which Takanomi Limited will require such indemnification from the Customer. Takanomi Limited will provide the Customer with reasonable information and assistance to defend such claim, demand, or cause of action.

The Customer hereby agrees to indemnify, defend and hold harmless Takanomi Limited, its officers, directors, employees, agents, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney fees and costs) of any nature whatsoever incurred or suffered by Takanomi Limited (collectively the Losses), in so far as such Losses (or actions in respect thereof) arise out of or are based on:

  1. Any claim or threatened claim that the Customer use of the trademarks infringes on the rights of any third party
  2. Any claim or threatened claim that the Customer submission of content or our distribution of the same content infringes the rights of the rightful copyright holder of the content
  3. The breach of any representation or warranty made by the Customer herein
  4. Any claim related to the website(s) belonging to the Customer

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR JURISDICTION.

Final Provisions

The illegality, invalidity or unenforceability of any provision of this Agreement shall not affect the legality, validity and enforceability of any other provisions hereof.

It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, this Agreement will be construed as if such invalid or unenforceable provision had never been contained in this Agreement.

Takanomi Limited reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the SubmitYourArticle.com website, including this Agreement, at any time without notice. The Customer agrees to regularly review this Agreement and agrees that their continued access of SubmitYourArticle.com website and use of the Service after such update will constitute their acceptance of and agreement to be bound by the updated Agreement.

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