KAFENE WEBSITE TERMS AND CONDITIONS OF USE
1. Your Use as Assent
2.Modification and Your Continued Use as Assent to Modified Terms
Kafene does not promise that the site or any content, document, or feature of the sitewill be error-free or uninterrupted, that any defects will be corrected, or that your use ofthe site will provide specific results. The material in this site could include technicalinaccuracies 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 protectedby United States and international copyright and trademark laws and other applicableintellectual property laws. The Site, as well as any material made available fordownload, any content, files, code, documents, text, photographs, images, audio, andvideo, and any materials accessed through or made available for use or downloadthrough the Site (collectively, the “Content”) may not be copied, distributed, modified,reproduced, published or used, in whole or in part, except for purposes authorized orapproved, in writing, by Kafene. You are authorized solely to view and retain a copy ofthe pages of the Site for your own personal, non-commercial use. You agree that youwill not duplicate, publish, modify, create derivative works from, participate in thetransfer of, post on the World Wide Web, or in any way distribute or exploit the Site, orany portion of the Site for any public or commercial use without the express writtenconsent of Kafene.4.
USE OF THE SITE
5.Digital Millennium Copyright Act
Kafene respects the intellectual property rights of others. All claims of copyrightinfringement should be brought to our attention by notifying our agent by providing thefollowing information: A physical or electronic signature of a person authorized to act on behalf of theowner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or ifmultiple copyrighted works at a single on-line site are covered by a singlenotification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subjectof infringing activity and that is to be removed or access to which is to bedisabled, and information reasonably sufficient to permit the service provider tolocate the material; Information reasonably sufficient to permit the service provider to contact thecomplaining party, such as an address, telephone number, and if available, anelectronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of thematerial 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 underpenalty of perjury, that the complaining party is authorized to act on behalf of theowner of an exclusive right that is allegedly infringed.Notices of the foregoing copyright issues should be sent as follows:By Mail: Kafene, Inc. 18 East 50th Street, 6th Floor NY NY 10022By E-Mail: [email protected] will take appropriate action following receipt of the above information includingremoval of any infringing material if necessary.
You acknowledge and agree that Internet transmissions are never completely private orsecure and that any message or information you send to the Site may be read orintercepted by others, notwithstanding our efforts to protect such transmissions. Inaddition, as a condition of your use of this Site, you agree that you will not take anyaction for the purpose of compromising security (e.g., accessing data not intended foryou, invading another’s privacy, password guessing programs, using cracking tools ornetwork probing tools, or otherwise interfering with the Site or Services) is strictlyprohibited. If you become involved in any violation of system security, we reserve theright to release your details to system administrators at other sites in order to assistthem in resolving security incidents.
7.Links to Other Sites
Kafene may establish on this Site links and pointers to websites that are operated andmaintained by third parties (each, a “Third Party Site”). These links are provided solelyas pointers to information on topics that may be useful to you. However, theestablishment of any link to a Third-Party Site is not a recommendation or endorsementby Kafene of any products, services, information, goods, ideas or opinions that may befound on any Third-Party Site. Kafene makes no warranties, either express or implied, concerning the content of anyThird-Party Site, including the accuracy, completeness, reliability or suitability thereoffor any particular purpose. Kafene does not warrant that any Third-Party Site is freefrom any claims of copyright, trademark or other infringement. Kafene does notwarrant 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 Kafenevia email. If you do not wish to receive marketing email communications from us, youmay 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, limiteddue to slow speed, or otherwise delayed. This may be caused by a wide variety ofreasons outside of the control of Kafene and despite of commercially reasonableprocesses and procedures implemented by Kafene to maintain the Site. You alsounderstand that, from time to time, the Site may be unavailable due to regular or othermaintenance.
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 contentmade available on the site. You acknowledge that neither Kafene, its affiliates nor anyof their respective employees, agents, third party content providers or licensors warrantthat the products, services or content on the site will be uninterrupted or errorfree. Allcontent is provided “as is” to the user of the site, without express or implied warrantiesof any kind including the warranties of merchantability, non-infringement of intellectualproperty, fitness for any particular purpose or freedom from computer virus is given inconjunction 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 ifKafene has been advised of the possibility of such damages.Unless otherwise expresslyset forth in a written agreement with you, Kafene’s maximum liability for all claimsarising out of or relating to this site, or its content, whether in contract, tort or otherwiseshall be limited to the amount you paid to access this site.Some jurisdictions do notallow 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