KAFENE WEBSITE TERMS AND CONDITIONS OF USE
1. Your Use as Assent
2. Modification and Your Continued Use as Assent to Modified Terms
3. Site Content
Kafene does not promise that the site or any content, document, or feature of the site will be error-free or uninterrupted, that any defects will be corrected, or that your use of the site will provide specific results. The material in this site could include technical inaccuracies or typographical errors. The site and its content are delivered on an “as-is”and “as-available” basis.The Site and all intellectual property pertaining to or contained in the Site is protected by United States and international copyright and trademark laws and other applicable intellectual property laws. The Site, as well as any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved, in writing, by Kafene. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site for any public or commercial use without the express written consent of Kafene.
4. USE OF THE SITE
5. Digital Millennium Copyright Act
Kafene respects the intellectual property rights of others. All claims of copyright infringement should be brought to our attention by notifying our agent by providing the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of the foregoing copyright issues should be sent as follows: By Mail: Kafene, Inc. 115 W 27th Street, 5th Floor, New York, NY 10001. By E-Mail: [email protected] Kafene will take appropriate action following receipt of the above information including removal of any infringing material if necessary.
6. Site Security
You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. In addition, as a condition of your use of this Site, you agree that you will not take any action for the purpose of compromising security (e.g., accessing data not intended for you, invading another’s privacy, password guessing programs, using cracking tools or network probing tools, or otherwise interfering with the Site or Services) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
7. Links to Other Sites
Kafene may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third-Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third-Party Site is not a recommendation or endorsement by Kafene of any products, services, information, goods, ideas or opinions that may be found on any Third-Party Site. Kafene makes no warranties, either express or implied, concerning the content of any Third-Party Site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. Kafene does not warrant that any Third-Party Site is free from any claims of copyright, trademark or other infringement. Kafene does not warrant that any Third-Party Site is free from any viruses or other contamination.
8. Consent to Receive Direct Marketing Communications
By using this Site, you agree to receive direct marketing communications from Kafene via email. If you do not wish to receive marketing email communications from us, you may express your choice where indicated on the applicable email.
9. Potential for Disruptions in Service
You understand and agree that from time to time the Site may be unavailable, limited due to slow speed, or otherwise delayed. This may be caused by a wide variety of reasons outside of the control of Kafene and despite of commercially reasonable processes and procedures implemented by Kafene to maintain the Site. You also understand that, from time to time, the Site may be unavailable due to regular or other maintenance.
10. Disclaimer of Warranties
Because of the possibility of human and mechanical error, as well as other factors,Kafene and its affiliates are not responsible for any errors or omissions from the content made available on the site. You acknowledge that neither Kafene, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the products, services or content on the site will be uninterrupted or error-free. All content is provided “as is” to the user of the site, without express or implied warranties of any kind including the warranties of merchantability, non-infringement of intellectual property, fitness for any particular purpose or freedom from computer virus is given in conjunction with the content.
11. Limitation of Liability
Except where prohibited by law, neither Kafene, nor its directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Kafene has been advised of the possibility of such damages. Unless otherwise expressly set forth in a written agreement with you, Kafene’s maximum liability for all claims arising out of or relating to this site, or its content, whether in contract, tort or otherwise shall be limited to the amount you paid to access this site. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
13. Severability and Waiver
14. Law, Jurisdiction, Venue, One Year to File a Claim