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KOOBI KIT INC.
E-Mail: info@koobikit.com |
PLEASE READ
THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your
use of the Koobi Kit Incorporated website (the “Website”)
is expressly conditioned on your acceptance of the following terms
and conditions. By using the Website, you signify your assent to
these terms and conditions. If you do not agree with any part of the
following terms and conditions, you must not use the Website.
1. OWNERSHIP.
Except for items in the public domain, the information and all other
materials comprising the Website (collectively, the
"Materials"), are wholly owned by (or licensed to) Koobi
Kit Inc. and/or its content providers. The Website contains
copyrighted material, trademarks, and other proprietary information.
Koobi Kit Inc. owns a copyright in the selection, coordination and
arrangement of the Website. Nothing contained on this Website should
be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of the Materials without the written
permission of Koobi Kit Inc. or such other party that may own the Materials.
2. USE OF
WEBSITE. Except for your non-commercial personal use, the Website may
not, in whole or in part, be sold, reproduced, published or
redistributed in any medium, directly or indirectly, for any
commercial or non-commercial purpose. Unauthorized use of the Website
and/or the Materials may violate applicable intellectual property
laws or other laws. You must retain all copyright and trademark
notices, including any other proprietary notices, contained in the
materials. The use of such materials on any other website or in any
environment of networked computers is prohibited. You are prohibited
from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, pornographic 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.
By uploading or
otherwise submitting a file or other information
("Contribution") to the Website, you automatically grant,
or warrant that the copyright owner of the Contribution has expressly
granted, to Koobi Kit Inc. a perpetual, royalty-free, irrevocable,
worldwide, non-exclusive license to use, reproduce, publicly display,
modify, store, create derivative works from, and/or distribute the
Contribution (in whole or part) and/or to incorporate it in other
works in any medium now known or hereafter developed, as if the
Contribution were public domain information. You similarly permit any
Internet user to download, store, manipulate, view, print and display
the Contribution for that user’s personal use.
3. AGE AND
RESPONSIBILITY. You represent that you are of sufficient legal age to
use the Website and to create binding legal obligations for any
liability you may incur as a result of the use of the Website. You
understand that you are financially responsible for all uses of the
Website by you and those using your login information.
4. ACCOUNT
ACCESS. You agree that you are solely responsible for maintaining the
integrity of your online account access UserID and Password. You
further agree to only establish online account access for your own
account(s) or for those accounts to which you have been granted
expressed permission to access. Koobi Kit Inc. is not liable for
damages or losses incurred by either the account owner or the user in
the event that a user establishes account access to an account which
is not his/hers and for which he/she has not been granted permission
to access by the account owner.
5. PRIVACY. You
have read the Koobi Kit Inc. Privacy Policy, the terms of which are
incorporated herein, and agree that the terms of such policy are
reasonable. You consent to the use of your personal information by
Koobi Kit Inc. and/or its third party providers and distributors in
accordance with the terms of and for the purposes set forth in the
Koobi Kit Inc. Privacy Policy.
6. NO
WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website is at
your sole risk. You assume full responsibility and risk of loss
resulting from the downloading and/or use of files, data or other
material (including software) obtained through the Website. Koobi Kit
Inc. strives to ensure the accuracy of the information presented on
the Website, however due to various circumstances, including, but not
limited to, delays caused by postal handling, upgrades and/or changes
to Koobi Kit Inc.'s bill and payment processing system there may be
variances between the information available on the Website and your
actual bill and payment information, energy usage history or other
statistical data. For this reason, neither Koobi Kit Inc. nor any of
its affiliates, subsidiaries, business units, content providers can
guarantee the accuracy, truthfulness or reliability of any
information provided on or by means of the Website.
THE WEBSITE AND
THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS", AND
NEITHER Koobi Kit Inc. NOR ANY OF ITS AFFILIATES, SUBSIDIARIES,
BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES,
AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF.
No oral advice or written information given to you by Koobi Kit Inc.
or any of its affiliates, subsidiaries, business units, content
providers, agents, or the like shall create any warranty. Neither
Koobi Kit Inc. nor any of its content providers, agents, or the like
warrants that access to, or use of, the Website will be
uninterrupted, virus free, or error-free, or that the Website
(including, without limitation, any content on the Website) will meet
any particular criteria of performance or quality. Koobi Kit Inc., ON
BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS
UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION,
ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE,
COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE (WHETHER OR NOT Koobi Kit Inc. KNOWS, HAS REASON
TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH
PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE,
Koobi Kit Inc., ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES,
SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE,
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR
NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.
7. LIMITATION
OF LIABILITY. Koobi Kit Inc. and all of its affiliates, subsidiaries,
business units, content providers, agents and the like, in each
instance will not be liable for (a) any direct, indirect, incidental,
consequential and/or special damages arising out of your use of, or
inability to use, the Website, and you hereby waive any claims with
respect thereto, whether based on contractual, tort or other grounds,
even if Koobi Kit Inc. has been advised of the possibility of such
damages, and/or (b) damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration
of, or use of any file, in each instance whether for breach of
contract, tortious behavior, negligence, or under any other cause of
action. For further clarity, in all events, Koobi Kit Inc. and all of
its affiliates, subsidiaries, business units, content providers,
agents and the like shall not be liable for the defamatory,
offensive, or illegal conduct of other users of the Internet. Some
jurisdictions do not allow implied warranties to be excluded or
modified or liability to be limited, so not all of the above
limitations may apply to you.
The provisions
of this Section 6 and Section 5 above represent a reasonable
allocation of the risks under this Agreement. Koobi Kit Inc.'s
willingness to allow you to use the Website reflects this allocation
of risk and the limitations of liability specified herein.
8.
INDEMNIFICATION. You agree to indemnify Koobi Kit Inc. and all of its
affiliates, subsidiaries, business units, content providers, agents
and the like, in each instance from and against any and all claims,
suits, liabilities, expenses (including, without limitation,
attorneys' fees), and/or damages arising out of claims based upon
your use of the Website including, without limitation, any claim of
libel, defamation, violation of legal rights of others (including
rights of privacy or publicity), loss of service by other subscribers
and/or infringement of intellectual property or other rights.
9. LINKS. The
Website may contain links to websites operated by parties other than
Koobi Kit Inc.. Such links are provided for your reference only.
Koobi Kit Inc. does not control such websites and is not responsible
for their contents. Koobi Kit Inc. makes no representation or
warranty regarding any other websites or the contents or materials on
such websites. The Website’s inclusion of links to other
websites does not imply Koobi Kit Inc.’s endorsement of the
material on the websites or any association with their operators. Any
concerns regarding any such service or resource, or any link thereto,
should be directed to the particular service or resource.
10.
FORWARD-LOOKING STATEMENT DISCLOSURE. Any investor information
contained on this Website is forward-looking information based on
current expectations and plans that involve risks and uncertainties.
Although Koobi Kit Inc. believes that this forward-looking
information is accurate, its business is dependent on various
regulatory issues, general economic conditions and future trends, and
these factors can cause actual results to differ materially from the forward-looking
information that has been provided. You are cautioned not to put
undue reliance on this forward-looking information, which is not a
guarantee of future performance and is subject to a number of
uncertainties and other factors, many of which are outside the
control of Koobi Kit Inc.. Stock quotes are time delayed and should
not be used for real-time investment decisions. All postings are
subject to this notice regarding forward-looking statements and these
terms and conditions.
11. GOVERNING
LAW. This Agreement and its performance shall be governed by the laws
of the state of New York, United States of America, without regard to
its conflict of law provisions. You consent and submit to the
exclusive jurisdiction of the state and federal courts located in New
York County, the state of New York, United States of America, in all
questions and controversies arising out of your use of this Website
and this Agreement.
12. NO WAIVER.
The failure of either party to insist upon or enforce strict
performance by the other party of any provision of these Terms and
Conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between you and Koobi Kit Inc.
nor the trade practice shall modify any provision of these Terms and Conditions.
13.
MODIFICATION. Koobi Kit Inc. may at any time modify these terms and
conditions and your continued use of this Website will be conditioned
upon the terms and conditions in force at the time of your use.
14. ADDITIONAL
TERMS. Additional terms and conditions may apply other portions of
the Website, and you agree to abide by such other terms and conditions.
15.
SEVERABILITY. These terms and conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
16.
INTELLECTUAL PROPERTY NOTICES. All contents of the Website are
Copyright © 2008; Koobi Kit Inc. and/or its suppliers. All
rights reserved. Product and company names mentioned in the Website
are the trademarks of their respective owners.
17. ENTIRE
AGREEMENT. These terms and conditions, together with those
incorporated herein or referred to herein constitute the entire
agreement between us relating to the subject matter hereof, and
supersedes any prior understandings or agreements (whether oral or
written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this Website. |