2014 04 14 terms_and_conditions - giordanocardillo/kadira-server GitHub Wiki

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This Agreement was last modified on June 29, 2015.

Please read these Terms and Conditions ("Agreement", "Terms and Conditions") carefully before using https://kadira.io (the "Kadira") operated by Kadira Inc ("us", "we", "Kadira", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Kadira at https://kadira.io.

By accessing or using the Kadira in any manner, including, but not limited to, visiting or browsing the Kadira or contributing content or other materials to the Kadira, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

The Kadira and its original content, features and functionality are owned by Kadira Inc and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of Kadira are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by us. Kadira as a whole is protected by copyright and trade dress. Nothing on Kadira should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on Kadira, without the prior written permission of the Intellectual Property owner. We aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Kadira, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on Kadira, without prior, written permission from us. We prohibits use of any logo of Kadira or any of its affiliates as part of a link to or from any Website unless Kadira approves such link in advance and in writing. Fair use of Kadira’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in Kadira may be the Intellectual Property of their respective owners.

We may terminate your access to the Kadira, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Kadira may contain links to third-party sites that are not owned or controlled by Kadira Inc.

Kadira Inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

Kadira IS OPERATED BY KADIRA INC ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KADIRA INC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR Kadira AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. KADIRA INC SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF Kadira, FOR CONTRACTS OR SERVICES SOLD THROUGH Kadira, FOR YOUR ACTION OR INACTION IN CONNECTION WITH Kadira OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH Kadira. YOUR USE OF Kadira AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER KADIRA INC OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Kadira, CONTRACTS AND SERVICES PURCHASED THROUGH Kadira, THE DELAY OR INABILITY TO USE Kadira OR OTHERWISE ARISING IN CONNECTION WITH Kadira, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL KADIRA INC’ LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO KADIRA INC FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, KADIRA INC DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT Kadira WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

YOU AGREE THAT ALL TIMES, YOU WILL LOOK TO ATTORNEYS FROM WHOM YOU PURCHASE SERVICES FOR ANY CLAIMS OF ANY NATURE, INCLUDING LOSS, DAMAGE, OR WARRANTY. KADIRA INC AND THEIR RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTRACTS AND SERVICES OFFERED THROUGH Kadira.

KADIRA INC MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON Kadira, CONTRACTS, OR RELATED SERVICES ARE APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS.

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Kadira. Your continued use of the Kadira after any such changes constitutes your acceptance of the new Terms and Conditions.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Kadira or discontinue any use of the Kadira immediately.

If you have any questions about this Agreement, please contact us.

Email: [email protected]
Address: Kadira Inc, 2028 E Ben White Blvd #240-6100, Austin, TX 78741.