Terms of Use
Terms and Conditions; Termination
Terms and Conditions
By using the KIC-SV, as well as its subsidiaries, and/or affiliates (collectively, "KIC-SV") services-based website (the "Website"), you, the user, your affiliates, subsidiaries, and employees (collectively, "User"), expressly acknowledge that such Website is governed by the terms and conditions contained in this Terms of Use, a Privacy Policy that may be posted on the Website, and any requisite licensing agreement that may be required by KIC-SV (collectively, the "Terms"). These Terms are legally binding on all Users of this Website and these Terms constitute a legally binding agreement between User and KIC-SV. By accessing this Website, User expressly and irrevocably agrees to the Terms and agrees to abide by the Terms. These Terms, additionally, may be adjusted from time-to-time at KIC-SV's discretion. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, access or utilize the KIC-SV Website.
Termination
If you, the User, no longer desires to have a registered account with KIC-SV, then please send an email to info@kicsv.org and User's account will be terminated within seven (7) days. If you no longer accept these Terms, or any future modifications to these Terms, then you must, effective immediately, cease using the KIC-SV Website. Continued use of the KIC-SV Website, including any and all of the Website's content, text, images, data, information, and other material displayed thereon, available, present on, present within, or accessible by the KIC-SV Website (the "Content"), will expressly indicate User's continued acceptance of these Terms. If KIC-SV, for any reason whatsoever, believes that User has not complied with these Terms, then KIC-SV may, in its sole discretion and without prior notice, cancel your access to any and all registered areas of the KIC-SV Website. KIC-SV may, in its sole discretion, terminate a User's registered account vis-à-vis emailing User, at the address that User used and/or provided, and informing User that it's access to the registered areas of the KIC-SV Website has been terminated.
Intellectual Property Rights
Ownership
Any and all Content, including any and all intellectual property rights in such Content (including, without limitation, trademarks and copyrights), or other intellectual property rights associated with the Website (hereinafter "Intellectual Property Rights"), are and shall remain the sole and exclusive property of KIC-SV and its licensors, if any. User should assume that any and all Content or Intellectual Property Rights that User sees or reads, on the KIC-SV Website, are the property of KIC-SV and its licensors, and not the User or any other user, and are protected by intellectual property rights and related, and applicable, laws, rules, and regulations. Any and all Content and Intellectual Property Rights may not be used by User, in any way whatsoever, without the express prior written permission of KIC-SV, or the respective owners, except as provided in the Terms. Any and all trademarks, regardless if registered, are either the property of KIC-SV or the property of a respective owner, company, or other entity, and, thus, only used for identification purposes.
Authorized and Prohibited Uses
User may access, use, and display this Website on a single computer only and download and print copies of the Content for only educational, informational, or personal use, without modification or alteration in any way whatsoever, and only so long as User complies with the Terms and all applicable laws unless User receives the express prior written consent and permission of KIC-SV, or the respective owners, to do otherwise. If User violates the Terms and/or any applicable laws, User's permission to use the Website terminates immediately. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without the express prior written permission of KIC-SV. However, if the functionality of the Website permits the emailing or sharing of certain Content, or a link through the use of an "email to a friend" (or a similar icon) or a similar, yet different, “sharing” function, then User may send or share that particular Content by email or such other sharing function. User expressly agrees that User will not infringe upon any Intellectual Property Rights whatsoever, or remove or modify related intellectual property and/or proprietary notices that are contained in the Website or the Content.
Registration and Passwords
In order to access certain features or portions of the Website, KIC-SV may or may not, at any time, require a User to have a password and provide registration details to access the Website or portions thereof. If KIC-SV does require a password and registration details, then User must provide accurate, current, correct, and complete registration details to KIC-SV as a condition to using the Website. If KIC-SV believes that the details are not accurate, current, correct, and/or complete, then KIC-SV will have the right to: (i) refuse User access to the Website; and (ii) to suspend and/or terminate User's account. User is responsible for maintaining the confidentiality of any password(s) and registration detail(s) that User is given to access this Website. User is fully responsible for all activities that occur under, and/or through access with, User's password(s) and/or registration details. As User's password(s) and/or registration details are User's responsibility to keep both confidential and secure, User must notify KIC-SV immediately if User believes, or has reason to believe, that there has been unauthorized access to the KIC-SV Website by third-parties through the user of User's password(s) and/or account. User must also notify KIC-SV immediately if User loses its password(s) and/or account, or if User has its password(s) and/or account stolen. KIC-SV reserves the absolute right, in its sole discretion, not to issue a password to any person or entity.
Administration of Website and Registration
Linking
No link shall be made to any page of Website unless express prior written consent has been provided by KIC-SV, and unless a direct link is made to the top page, KICSV.org, without framing. Any link to this Website must be immediately followed by a notice to KIC-SV via email at info@kicsv.org. If KIC-SV does in fact deem a User's linking practices, in relation to the Website, to be inappropriate, then KIC-SV may provide notice to User concerning either the immediate removal or modification of the inappropriate link; User expressly agrees, upon being provided with such notice, to comply with any and all requirements of KIC-SV relating thereto. If User does in fact provide notification to KIC-SV of User's link to the Website (as provided above), then User may link to the Website unless, or until, KIC-SV gives notice that User must discontinue linking to the Website.
Website Administrator's Authority
KIC-SV may, in its sole discretion, modify, edit, translate, suspend, restrict access to, or terminate the Website, the Terms, the Content, or any link, at any time, without liability or prior notice to User or any other party, unless otherwise provided in the Terms. KIC-SV may, in its sole and absolute discretion, terminate the browsing of, registration with, and use of this Website, by any User or other third-party at any time, without liability or prior notice and for any reason, including a breach of the Terms.
Intellectual Property Rights
Ownership
Any and all Content, including any and all intellectual property rights in such Content (including, without limitation, trademarks and copyrights), or other intellectual property rights associated with the Website (hereinafter "Intellectual Property Rights"), are and shall remain the sole and exclusive property of KIC-SV and its licensors, if any. User should assume that any and all Content or Intellectual Property Rights that User sees or reads, on the KIC-SV Website, are the property of KIC-SV and its licensors, and not the User or any other user, and are protected by intellectual property rights and related, and applicable, laws, rules, and regulations. Any and all Content and Intellectual Property Rights may not be used by User, in any way whatsoever, without the express prior written permission of KIC-SV, or the respective owners, except as provided in the Terms. Any and all trademarks, regardless if registered, are either the property of KIC-SV or the property of a respective owner, company, or other entity, and, thus, only used for identification purposes.
Authorized and Prohibited Uses
User may access, use, and display this Website on a single computer only and download and print copies of the Content for only educational, informational, or personal use, without modification or alteration in any way whatsoever, and only so long as User complies with the Terms and all applicable laws unless User receives the express prior written consent and permission of KIC-SV, or the respective owners, to do otherwise. If User violates the Terms and/or any applicable laws, User's permission to use the Website terminates immediately. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without the express prior written permission of KIC-SV. However, if the functionality of the Website permits the emailing or sharing of certain Content, or a link through the use of an "email to a friend" (or a similar icon) or a similar, yet different, “sharing” function, then User may send or share that particular Content by email or such other sharing function. User expressly agrees that User will not infringe upon any Intellectual Property Rights whatsoever, or remove or modify related intellectual property and/or proprietary notices that are contained in the Website or the Content.
Registration and Passwords
In order to access certain features or portions of the Website, KIC-SV may or may not, at any time, require a User to have a password and provide registration details to access the Website or portions thereof. If KIC-SV does require a password and registration details, then User must provide accurate, current, correct, and complete registration details to KIC-SV as a condition to using the Website. If KIC-SV believes that the details are not accurate, current, correct, and/or complete, then KIC-SV will have the right to: (i) refuse User access to the Website; and (ii) to suspend and/or terminate User's account. User is responsible for maintaining the confidentiality of any password(s) and registration detail(s) that User is given to access this Website. User is fully responsible for all activities that occur under, and/or through access with, User's password(s) and/or registration details. As User's password(s) and/or registration details are User's responsibility to keep both confidential and secure, User must notify KIC-SV immediately if User believes, or has reason to believe, that there has been unauthorized access to the KIC-SV Website by third-parties through the user of User's password(s) and/or account. User must also notify KIC-SV immediately if User loses its password(s) and/or account, or if User has its password(s) and/or account stolen. KIC-SV reserves the absolute right, in its sole discretion, not to issue a password to any person or entity.
Administration of Website and Registration
Linking
No link shall be made to any page of Website unless express prior written consent has been provided by KIC-SV, and unless a direct link is made to the top page, KICSV.org, without framing. Any link to this Website must be immediately followed by a notice to KIC-SV via email at info@kicsv.org. If KIC-SV does in fact deem a User's linking practices, in relation to the Website, to be inappropriate, then KIC-SV may provide notice to User concerning either the immediate removal or modification of the inappropriate link; User expressly agrees, upon being provided with such notice, to comply with any and all requirements of KIC-SV relating thereto. If User does in fact provide notification to KIC-SV of User's link to the Website (as provided above), then User may link to the Website unless, or until, KIC-SV gives notice that User must discontinue linking to the Website.
Website Administrator's Authority
KIC-SV may, in its sole discretion, modify, edit, translate, suspend, restrict access to, or terminate the Website, the Terms, the Content, or any link, at any time, without liability or prior notice to User or any other party, unless otherwise provided in the Terms. KIC-SV may, in its sole and absolute discretion, terminate the browsing of, registration with, and use of this Website, by any User or other third-party at any time, without liability or prior notice and for any reason, including a breach of the Terms.
User Responsibilities, Requirements, and Obligations
Compliance
User will comply with all applicable laws and Terms in connection with using this Website.
Unsuitable Conduct
User will not engage in conduct on, or in connection with, this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to KIC-SV.
User Cooperation and Notification
User will cooperate with all reasonable requests of KIC-SV and will notify KIC-SV promptly upon learning of any actual or suspected breach of the Terms by User, or unauthorized use or abuse of this Website by User, or any other related party or other third parties.
Third-Party Websites, Third-Party Content, and Other Information
This Website may contain Content, links, and other information, submitted by third-parties over whom KIC-SV has no control or responsibility ("Third-Party Content"), in order to assist User. KIC-SV has no obligation to monitor, control, or restrict Third-Party Content; additionally, KIC-SV has no obligation to monitor, control, or restrict the use of this Website or third-party websites accessible via links on this Website. These other sites and Third-Party Content are not under the control of KIC-SV; User acknowledges, regardless of any affiliation with a third-party, that KIC-SV is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or Third-Party Content. The inclusion of such a link or Third-Party Content does not imply endorsement or association, in any way, by KIC-SV. KIC-SV has no obligation to verify any Content submitted by any user or third-party or to provide registration, or other, information to User concerning any Content.
Warranty Disclaimers
KIC-SV IS PROVIDING THE WEBSITE, WEBSITE LINKS, AND WEBSITE CONTENT (INCLUDING CONTENT, HARDWARE, AND SOFTWARE), “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT IN NO WAY LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, TIMELINESS, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY, AND FREE FROM COMPUTER VIRUS(ES). THE WEBSITE, WEBSITE LINKS, WEBSITE CONTENT, AND ANY SOFTWARE ACCESSIBLE VIA THE WEBSITE ARE USED AT THE SOLE RISK OF THE USER TO THE FULLEST EXTENT PERMITTED BY LAW. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME, OR ALL, OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO THE USER, THEN THE ABOVE EXCLUSIONS WILL APPLY TO THE USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
KIC-SV WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, AND REGARDLESS IF, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES, IN CONNECTION WITH THE USE OF THE INTERNET, THE WEBSITE, THE WEBSITE'S CONTENT, OR WEBSITE LINKS, HOWEVER CAUSED, REGARDLESS IF IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIC-SV HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Remedies
If any of the above provisions in these Sections 4(E) and/or 4(F) are not enforceable in an applicable jurisdiction, then the maximum amount of liability that KIC-SV will be limited to is One Hundred Dollars and Zero Cents ($100.00). If any portion, or all, of the preceding sentence in this Sections 4(G) provision is not enforceable in an applicable jurisdiction, then the maximum amount of liability that KIC-SV will be limited to is a refund of any and all fees, specifically pertaining to the Website or the Website's software, which were received by KIC-SV from User.
Indemnification
Each User agrees to defend, indemnify, and hold harmless KIC-SV, and its respective officers, directors, employees, and agents, as well as any of its licensors, website partners, or contractors, from any demands, claims, damages, liabilities, expenses, or harms (including attorney's fees) that arise in connection with User's actions or omissions, including use of this Website, online conduct, breach of any of the Terms, or dealings or transactions with other persons resulting from the use of the Website.
Disclaimer on legal Contents
Each User agrees not to act, or refrain from acting, on the basis of legal Content without first seeking legal advice from counsel in a relevant jurisdiction. Each User understands that only his or her individual attorney can provide assurances that any legal Content contained herein – and User's interpretation of such legal Content – is applicable or appropriate to User's particular situation. Use of, and access to, the KIC-SV Website or any of the links or legal resources contained within the Website does not create an attorney-client relationship between User and Content authors, licensors, contributing law firms, or respective employees.
Miscellaneous Provisions
Separate Terms and Conditions
In connection with User's use of or access to Content contained in certain areas of this Website, it may be necessary for User to consent to other policies, terms, and conditions that are in addition to the Terms set forth herein ("Other Terms"). If User is required to consent to Other Terms, then the User is advised to carefully read such Other Terms before making use of any additional Website content, areas, software, or the like. Unless otherwise expressly stated, any additional Other Terms will not vary or replace the Terms regarding any use, whatsoever, of this Website.
Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of, or in connection with, this Website or the Terms (including, without limitation, a Privacy Policy), KIC-SV and User agree to negotiate in good faith, and undertake reasonable efforts to cooperate with one another, in order to achieve a mutually satisfactory resolution. KIC-SV has no obligation to become involved in any dispute between a User and any other person. This Website, the Terms, and any dispute arising in connection therewith shall be exclusively governed by, and construed in accordance with, the laws of the State of California and the United States, without regard to its conflict of law principles. KIC-SV and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Los Angeles, California, pursuant to the Rules of Arbitration ("Rules"), of the American Arbitration Association ("AAA"), and by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. Any arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that KIC-SV is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the provisions of the Terms pending a final arbitral decision.
Modification of Terms, etc.
These Terms, specifically including any relevant licensing agreement that may be required by KIC-SV, constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time-to-time and are effective immediately upon posting to the Website. KIC-SV will endeavor to post a notice of any changes to these Terms for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these Terms occasionally, or at least every thirty (30) days. User's continued use of this Website, subsequent to KIC-SV's modification of these Terms, shall constitute User acceptance of said modification of the Terms.
Severability
If any provision of these Terms shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms, or the whole of these Terms, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms.
No Partnership; No Legal Relationship; No Extension
The parties hereto are separate and distinct entities. This agreement is not intended to create, and in no way does create, an agency, partnership, or joint venture relationship between the parties. These Terms do not, in any way whatsoever, extend to any third party.
Survival
User's obligations pursuant to these Terms shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms.
Contact Information
If you have any questions regarding these Terms or this Website, please contact KIC-SV at info@kicsv.org
- Contact
- info@kicsv.org
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