Kboovo Membership Web Site Agreement:
The Kboovo Membership Web Site
(the "Site") is an online information service provided by Kboovo Membership
("Kboovo Membership "), subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Kboovo Membership MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE
TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are protected by
international copyright and trademark laws. The owner of the
copyrights and trademarks are Kboovo Membership, its affiliates or other
third-party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You may
print and download portions of material from the different areas of the
Site solely for your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices from the materials.
u agree to grant to Kboovo Membership a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly perform
any materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards, forums and newsgroups)
or by e-mail to Kboovo Membership by all means and in any media now known or
hereafter developed. You also grant to Kboovo Membership the right to use
your name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against Kboovo Membership for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Kboovo Membership.
Kboovo TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site
are the exclusive trademarks or service marks of Kboovo
Membership. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2.Use of the Site.
You understand that, except for
information, products or services clearly identified as being
supplied by Kboovo Membership, Kboovo Membership does not operate,
control or endorse any information, products or services on the
Internet in any way. Except for Kboovo Membership- identified
information, products or services, all information, products
and services offered through the Site or on the Internet
generally are offered by third parties, that are not
affiliated with Kboovo Membership a. You also understand
that Kboovo Membership cannot and does not guarantee or
warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SITE AND THE INTERNET. Kboovo Membership PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Kboovo
Membership SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Kboovo
Membership DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT, OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK
. Kboovo Membership HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Kboovo Membership
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Kboovo
Membership OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IN SUCH STATES, Kboovo Membership LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW.
Kboovo Membership makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a
non-Kboovo Membership web site, please understand that it is
independent from Kboovo Membership, and that Kboovo Membership
has no control over the content on that web site. In addition, a
link to a Kboovo Membership web site does not mean that Kboovo Membership
endorses or accepts any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and
hold harmless Kboovo Membership, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for
the benefit of Kboovo Membership and its officers, directors, employees, agents,
licensors, suppliers, and any third-party information providers to the Service.
Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term;
Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6. License Conditions
Lifetime, Onetime Payment
or Multi-payment instalment licenses are non-transferable and we will not
allow access to anyone other than the original purchaser of the license.
7
ellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements made and
to be performed in The United States of America. You agree that any legal action
or proceeding between Kboovo Membership and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively in
a federal or provincial court of competent jurisdiction sitting in Canada. Any
cause of action or claim you may have with respect to the Service must be
commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. Kboovo Membership's failure to
insist upon or enforce strict performance of any provision of this Agreement shall not
be construed as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this Agreement. Kboovo
Membership may assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.