Terms & Conditions

Last updated September 1, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity

("you") and GinAkuma ("Company", "we", "us", or "our"), concerning your access to and use of the ginakuma.com website as

well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected

thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by

all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY

PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly

incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these

these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to

periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been

made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the

date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or

country where such distribution or use would be contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations

do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of,

and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or

guardian read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website

designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service

marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by

copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States,

foreign jurisdictions, and intemational conventions. The Content and the Marks are provided on the Site "AS IS" for your

information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or

Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,

transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express

prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or

print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial

use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and

complete; (2) you will maintain the accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the

jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (5) you will not access the

Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any

illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate

your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use

of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in

our sole discretion, that such usemame is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be

used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or

other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false

pretenses.

2. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection,

compilation, database, or directory without written permission from us.

3. Use the Site to advertise or offer to sell goods and services.

4. Trick, defraud, or mislead us and other users, especially in any attempt to leam sensitive account information such as

user passwords.

5. Make improper use of our support services or submit false repolts of abuse or misconduct.

6. Attempt to impersonate another user or person or use the usemame of another user.

7. Use any information obtained from the Site in order to harass, abuse, or harm another person.

8. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to

you.

9. Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive

use of capital letters and spamming (continuous posting of repetitive text), that interferes with any partys uninterrupted use

and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or

maintenance of the Site.

11. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute

any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses

the Site, or using or launching any unauthorized script or other software.

12. Disparage, tamish, or otherwise harm, in our opinion, us and/or the Site.

13. Orders, once submitted, can not be cancelled.

MOBILE APPLICATION LICENSE

Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to

install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the

mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license

contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source

code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or

derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use

of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted

by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise,

or other purpose for which it is not designed or intended; (6) make the application available over a network or other

environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a

product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use

the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (9) use any

proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture,

licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an

"App Distributor') to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable

license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in

accordance with the usage rules set forth in the applicable App Distributor's terms of service; (2) we are responsible for

providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions

of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you

acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with

respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty,

you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund

the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App

Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and

warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by

the U.S. government as a 'terrorist supporting" country and (ii) you are not listed on any U.S. govemment list of prohibited or

restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g.,

if you have a VolP application, then you must not be in violation of their wireless data service agreement when using the

mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and

conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right

(and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license

contained in these Terms of Use against you as a third-party beneficiary thereof.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the

Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive

rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these

Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby

waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or

that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual

infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate

legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,

limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content

that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of the Site.

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site,

which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site

from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data

collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site,

you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed

in the United States.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER

PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT

NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),

TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE

LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR

ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR

SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under

your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In

addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without

limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion

without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or

discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification,

price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need

to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,

update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that

we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site

during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain

and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of

applicable to agreements made and to be entirely performed within the State of

conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

without regard to its

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a

"Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the

Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least

days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the

other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly

excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS

PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be

commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,

where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of

which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be

governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be

conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing,

but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and

any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or

applicable law, the arbitration will take place in kuwait County,

Except as otherwise provided herein, the Parties

may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter

judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the

state and federal courts located in kuwait County,

and the Parties hereby consent to, and waive all defenses of

lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal

courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform

Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that

portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that

court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent

permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute

to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions conceming informal negotiations and

binding arbitration: (a) any Disputes seeking to enforce or protect, or conceming the validity of, any of the intellectual property

rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use;

and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to

the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions,

pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to

change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND

OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,

WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR

COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE

WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF

CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR

SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED

THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,

VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD

PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR

DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR

OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE

SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR

OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY

TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE

PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE

YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY

FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,

INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF

THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers,

agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable

attomeys' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of

Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a

third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site

with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the

exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your

expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding

which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as

data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all

data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any

such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive

electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to

you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU

HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND

TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED

BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or

other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to

payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire

agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of

Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by

law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any

loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a

provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these

Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted

them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack

of signing by the parties hereto to execute these Terms of Use.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us

at:

GinAkuma

Kuwait

info@ginakuma.com