Terms and Conditions of Use
These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions.
1. LICENSES AND RESTRICTIONS
1.1 Licenses. Kiazpora grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with Kiazpora documented in a separate agreement) of the Kiazpora Services, its Content (as that term is defined in Section 3 below. Kiazpora further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the Kiazpora Services so long as the link does not portray Kiazpora, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
1.2 Restrictions. The licenses in Section 1.1 do not include any rights to:
- (a) modify, download (other than page caching), reproduce, copy, or resell the Kiazpora Services, the Content or any portion or derivative thereof;
- (b) commercially use the Kiazpora Services, the Content or any portion derivative thereof (unless User has a business relationship with Kiazpora, in which case such commercial use will be governed by the terms applicable to such business relationship);
- (c) copy or download any User’s account or profile information for the benefit of any third party;
- (d) enable high volume, automated, electronic processes that apply to the Kiazpora Services or its systems, the Content or any portion or derivative thereof;
- (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Kiazpora Services or its systems, the Content or any portion or derivative thereof for any purpose;
- (f) interfere or attempt to interfere with the proper working of the Kiazpora Services;
- (g) bypass any measures used by Kiazpora to prevent or restrict access to any portion of the Kiazpora Services, the Content or any portion or derivative thereof;
- (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kiazpora;
- (i) use Kiazpora’s name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
- (j) compile, repackage, disseminate or otherwise use data extracted from the Kiazpora Services.
- The foregoing are expressly prohibited and the right to do any of the foregoing shall require Kiazpora’s express written consent (which may include a written agreement signed by an authorized representative of Kiazpora). Any unauthorized use of the Kiazpora Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by Kiazpora.
Kiazpora, own the trademarks or service marks that are used on the Kiazpora Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Kiazpora and its licensors may not be used without prior written consent of Kiazpora or its licensor, as the case may be. Without limiting the foregoing, no Kiazpora trademark or trade dress may be used in connection with any product or service that is not Kiazpora’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Kiazpora.
Proprietary Rights. User acknowledges that the Kiazpora Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and Kiazpora owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the Kiazpora Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
4.1 Prices. The price for an item on the Kiazpora Services may differ from the price shown in a User’s shopping cart and it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Kiazpora Services. If the price for the item on the Kiazpora Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Kiazpora, Kiazpora may either (a) contact the User for instructions before shipping the item or charging the User for such item; (b) cancel the order for such item and notify the User of such cancellation; or (c) ship the item at the incorrect price to the benefit of the User.
4.2 Notice. Please note that this policy regarding prices applies only to items sold and shipped by Kiazpora. Any purchases from any third-party sellers on the Kiazpora Services may be subject to different policies in the event of an incorrectly priced item.
5. RISK OF LOSS
The risk of loss and title for all items purchased via the Kiazpora Services pass to the User upon delivery of the item to the carrier.
6. PRODUCT DESCRIPTION
The items offered for sale on the Kiazpora Services contain descriptions as accurate as possible. IF A USER PURCHASES AN ITEM FROM KIAZPORA THAT IS NOT AS DESCRIBED IN THE KIAZPORA SERVICES, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
7. AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (“Minors”) are not permitted to use Kiazpora websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to use our online services. Should we learn that someone under the age of 13 has provided any personal information to or on any of the Kiazpora websites, we will remove that information as soon as possible.
User acknowledges and agrees that any communication via e-mail or by postings on the Kiazpora Services satisfies any legal requirement that such communications be made in writing.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
10.1 DISCLAIMER OF WARRANTIES.
- (a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE KIAZPORA SERVICES AND ANY KIAZPORA ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE KIAZPORA SERVICES OR ANY KIAZPORA ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE KIAZPORA SERVICES, ANY KIAZPORA ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
- (b) KIAZPORA IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY, USER CREATED CONTENT POSTED ON THE KIAZPORA SERVICES OR THROUGH THE KIAZPORA SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF KIAZPORA. PROFILES AND THIRD PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE KIAZPORA SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. KIAZPORA IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY KIAZPORA. INCLUSION OF ANY LINKED WEBSITE ON THE KIAZPORA SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY KIAZPORA. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. KIAZPORA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE KIAZPORA SERVICES.
- (c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE KIAZPORA SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE KIAZPORA SERVICES.
10.2 LIMITATION OF LIABILITY.
- (a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE KIAZPORA SERVICES OR ANY KIAZPORA ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, KIAZPORA SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE KIAZPORA SERVICES OR THE MATERIALS ON THE KIAZPORA SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.
- (b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE KIAZPORA SERVICES OR YOUR KIAZPORA ACCOUNT EXCEED US$100 IN TOTAL (OR THE EQUIVALENT IN LOCAL CURRENCY, TO THE EXTENT THAT LOCAL CURRENCY NEEDS TO APPLY).
12. APPLICABLE LAW; JURISDICTION
12.2 Jurisdiction. Each of Kiazpora and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within California County, California and waives any objection to the laying of venue of any litigation in said courts.
Any software distributed by Kiazpora is “commercial computer software” or “commercial computer software documentation.” The U.S. Government’s rights with respect to the Kiazpora Services are limited by these Terms and Conditions of Use, pursuant to FAR § 12.212(a) and/or DFARS § 227.7202-1(a), as applicable. User agrees that by installing, copying, or otherwise using the Kiazpora Services that: (i) User does not reside in a country subject to embargo or export controls by the U.S. Government; (ii) User is not on the List of Denied Persons as published by the U.S. government; and (iii) User will not use the Kiazpora Services for any illegal purpose. Because the Kiazpora Services, and related technical data are subject to U.S. export controls, User agrees that User shall not upload, export or “re-export” (transfer) the Kiazpora Services or any Content, including User Created Content, unless User has complied with all applicable U.S. export controls.