Effective Date: 24th November 2017
IF YOU ARE UNDER THE AGE OF 13, PLEASE DO NOT USE OR ACCESS THE SERVICES OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION WITHOUT THE CONSENT OF A PARENT OR GUARDIAN.
1. Ownership and Copyright
Copyrights, trademark rights, database rights, design rights and any and all other intellectual property and other rights relating to the Services and Materials existing now or in the future including but not limited to computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names and trade identities (collectively referred to as the “Content”), are the property of Kinsane, its parents, subsidiaries, affiliates and/or licensors. All elements of the Services, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services may only be used for the intended purpose for which they are being made available.
A single copy of the Materials may be downloaded or otherwise copied from the Service for non- commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission or distribution of any part of the Services in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available through the Services. Modification of the Materials or use of the Materials for any other purpose is a violation of Kinsane's copyright and other proprietary rights. Kinsane neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with Kinsane.
2. Use of Services
The Services and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the prior written permission of Kinsane, except as provided herein. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Services any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity and privacy. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of any of the Services, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Kinsane. You agree you will not interfere or attempt to interfere with or damage, impair or disable the operation of the Services, by any means, including but not limited to providing links to third party sites or uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code. You may also not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.
You represent, warrant and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Services.
3. Accuracy of Information
We attempt to ensure that information provided through the Services is complete, accurate and current. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy or currency of any information provided through the Services and in the Materials. Kinsane shall not be responsible for any errors or omissions in the Materials.
4. Proprietary Rights
Kinsane does not claim ownership of any information, data, text, software, music, audio, photographs, graphics, video, messages, or other materials generated by users of our Services (collectively, “User Content”) and transmitted, whether publicly or privately, to or through Kinsane (including feedback and suggestions). Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Kinsane, its affiliated companies, sublicensees, and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Kinsane to make such User Content available to other companies, organizations, or individuals with whom Kinsane has relationships, and to use such User Content in connection with the provision of those services.
The Services may contain hyperlinks or other connection devices, which will allow you to use the Services and access other websites. Kinsane is not responsible and assumes no responsibility for the contents of any non-Kinsane linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided through the Services are not under the control of Kinsane. Access to any other Internet websites linked to the website is at the user's own risk.
In addition, the existence of a link between the Services and any other Internet website is not and shall not be understood to be an endorsement by Kinsane of any material, substance, information or the owner or proprietor of the linked Internet website, and such link shall not imply nor create any relationship nor endorsement between Kinsane and the owner or proprietor of such linked website.
7. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT KINSANE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KINSANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SERVICES, (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; OR (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. EXCEPT AS PROHIBITED BY APPLICABLE LAW, KINSANE’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED $100.
8. Disclaimer of Warranty
THIS DISCLAIMER OF WARRANTY (“DISCLAIMER”) APPLIES ONLY TO YOUR FREE USE OF THE WEB SITE.
THIS DISCLAIMER DOES NOT APPLY TO, FOR EXAMPLE, YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM KINSANE.
THIS DISCLAIMER ALSO DOES NOT APPLY TO, FOR EXAMPLE, OUR OFFER OR ADVERTISEMENT OF ANY KINSANE PRODUCT OR SERVICE, INCLUDING THE CONTENT OF ANY OFFER OR ADVERTISEMENT ON THE APPLICATION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, KINSANE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) KINSANE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KINSANE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. KINSANE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, KINSANE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN OR USE OF THE SERVICES.
You agree that our sole obligation to you is to provide the Services as-is. You agree that unless we do something that is (a) grossly negligent, reckless, or an act of knowing or intentional willful misconduct or (b) a violation of a consumer protection statute in connection with the Services, we will not be liable to you or to any third party for your use of the Services.
In the event that you have a dispute with one or more other users of the Services, you release Kinsane (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11. Jurisdiction and General Terms
Your use of the Services is independent of Kinsane and not as an employee, agent, partner, or joint-venturer with Kinsane for any purpose.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Kinsane may make changes to the Terms from time to time. When these changes are made, Kinsane will make a new copy of the Terms available on its website and any new additional terms will be made available to you from within, or through, the affected Services.
You acknowledge and agree that if you use the Services after the date on which the Terms have changed, Kinsane will treat your use as acceptance of the updated Terms.
13. Entire Agreement
All Service design, graphics, text selections, arrangements, and all software are Copyright© 2017 Kinsane.