Legal
Notices AND DISCLAIMERS
Welcome
to the Kilu Inc.’s Website. By using the Kilu’s Website, YOU AGREE TO BE BOUND
BY ITS LEGAL NOTICES AND DISCLAIMERS, CONDITIONS OF USE, PRIVACY POLICY, and
all disclaimers, terms and conditions that appear elsewhere on the Kilu’s Website.
Content Posted on the
Website
Kilu claims immunity from liability to the fullest extent under the law and as
provided under the Communications Decency Act for Content provided by third
parties and members and nothing in this agreement is intended to waive, remove,
or usurp such immunity. You understand and agree that Kilu may delete any
content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Kilu that such Content violates
the Terms of Use and Purchase or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Kilu and/or its
members.
You are solely responsible for the content that you publish or display
(hereinafter, "post") on Kilu’s
website, including Shokasme.com , or transmit to other Kilu members.
By posting content to any public area of Kilu’s website, including Shokasme.com,
you automatically grant, and you represent and warrant that you have the right
to grant, to Kilu and its members, an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display, and distribute
such information, rights of publicity, and content and to prepare derivative
works of, or incorporate into other works and other media, such information and
content, and to grant and authorize sublicenses of the foregoing. As a visitor
to Kilu’s websites, including Shokasme.com, if you provide Kilu with
your email address via a registration process or post it on its websites you
thereby authorize Kilu and its affiliates and any entities that Kilu becomes
involved with or merges with, the right to use and/or sell your valid email
address for any marketing programs or communications with you.
Kilu will investigate and take appropriate legal action in its sole discretion
against anyone who violates this provision, including without limitation,
removing the offending communication from the site or service and terminating
the membership of such violators.
The following is a partial list of
the kind of content that is illegal or prohibited on the site - it includes content that: is
patently offensive to the online community, such as content that promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual; harasses or advocates harassment of another person or invades their
privacy; involves the transmission of "junk mail", "chain
letters," or unsolicited commercial e-mail or "spamming";
promotes information that you know is false, misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory or
libelous; promotes an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files; contains restricted
or password only access pages, or hidden pages or images (those not linked to
or from another accessible page); displays pornographic or sexually explicit
material of any kind; provides material that exploits people under the age of
18 in a sexual or violent manner, or solicits personal information from anyone
under 18; provides content that involves cursing, swearing, incest, falsifying
gender, violence, necrophilia, impersonating another member, threat of suicide
or harm to oneself or others, drug paraphernalia, or beastiality; provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses; solicits passwords or personal identifying information for commercial
or unlawful purposes from other users; sending advertisements in chat or
instant messaging messages; and engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes, barter,
advertising, and pyramid schemes.
You must use Kilu’s website services in a manner consistent with any and all
applicable laws and regulations.
You agree that you will not use any robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein
without our prior expressed written permission. You agree that you will not use
any device, software or routine to bypass or to interfere or attempt to
interfere with the proper working of the Shokasme.com site. You agree
that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our site is updated on a real time basis and is proprietary or is licensed to Kilu
by our users or third parties.
You may not engage in advertising to, or solicitation of, other members to buy
or sell any products or services through the service. You will not transmit any
chain letters or junk email to other Shokasme.com members. Although Kilu
cannot monitor the conduct of its members off the Shokasme.com site,
it is also a violation of these rules to use any information obtained from the
service in order to harass, abuse, or harm
Right to Download
You
may only download Content displayed on the Kilu’s Website for non-commercial,
personal use provided you also retain all copyright, trademark and other
proprietary notices contained in the material, do not modify or alter the
material and do not copy or post the material on any network computer or
broadcast the material in any media. It is strictly prohibited to modify,
transmit, distribute, reuse, repost, "frame" or use the content of
the Kilu’s Website including the text, images, audio and/or video for public or
commercial purposes without written permission from an authorized
representative of Kilu. It is strictly prohibited to download the images of the
products for sale within this Website.
Proprietary Rights
All
content provide exclusively by Kilu on its website including information, data,
software, photographs, graphs, videos, typefaces, graphics, music, sounds and
other material (collectively "Content")
is protected by copyright, trademark or other proprietary rights, and these
rights are valid and protected in all forms, media and technologies existing
now or developed in the future. All such Content is copyrighted as a collective
work under the U.S.
and international copyright laws, and Kilu owns, to the fullest extent allowed
by such laws, the copyright in the selection, coordination, arrangement, and
enhancement of all Content.
Except as expressly authorized or licensed, you may not copy, modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or
sale, lease or rental of, create derivative works from or in any way exploit
any of the Content, in whole or in part.
The Kilu’s logos and other trademarks on the Website are the property of their
respective owners and are owned by, licensed to, or, where required, used with
permission by Kilu and may not be reproduced, copied, or manipulated in any
manner without the express, written approval of the trademark owner.
By using Kilu’s Website, you agree that any information (except for purchase
information), materials, suggestions, ideas or comments you send to Kilu or any
other third party using Kilu’s Website is non-confidential. By submitting any
solicited or unsolicited information using Kilu’s Website, you grant Kilu an
irrevocable and unrestricted license to use, modify, reproduce, transmit,
display and distribute such materials, information, suggestions, ideas or
comments for any purpose whatsoever to the extent permitted by law.
Venue and Applicable Law
This WEBSITE was created
and is operated by Kilu in the State of Nevada,
United States of America.
All disputes under this Agreement shall be resolved by litigation in the courts
of Washoe County, Nevada including the federal
and small claims courts therein and you agree to consent to the jurisdiction of
such courts, agree to accept service of process by mail, and hereby waive any
jurisdictional or venue defenses otherwise available to it. The laws of the
State of Nevada
will also govern this Terms of Use and Privacy Policy without giving effect to
any principles or conflicts of laws.
Links to Third-Party Websites
Kilu’s
Website contains links to other Websites operated by third-parties, including
but not limited to third-party Websites that display the Kilu’s trademarks
("Third-Party Website(s)").
These links are available for your convenience and are intended only to enable
access to these Third-Party Websites and for no other purpose.
Kilu does not warrant or make any representation about the substance, quality,
functionality, accuracy, fitness for a particular purpose, merchantability or
any other representation about any Third-Party Website or its content. A link
to a Third-Party Website on Kilu’s Website does not constitute sponsorship,
endorsement, approval or responsibility for any Third-Party Website. Kilu makes
no representation or warranty as to any products or services offered on any
Third-Party Website.
The conditions of use and privacy policy of any Third-Party Website may differ
substantially from the Conditions of Use and Legal Notices that apply to your
use of Kilu’s Website. Please review the conditions of use for all Third-Party Websites
for more information about the terms and conditions that apply to your use of
Third-Party Websites.
Privacy
Please
review Kilu’s Privacy Policy for information on the privacy practices of Kilu’s Website.
Security
If you
use this Website, you are responsible for maintaining the confidentiality of
your account and for restricting access to your computer. You agree to accept
responsibility for all activities that occur under your account.
Kilu’s Website may only be used for lawful purposes. Activities including, but
not limited to, tampering with the Website, misrepresenting the identity of a
user, using buying agents or conducting fraudulent activities on the Website
are prohibited.
Users are prohibited from violating or attempting to violate the security of Kilu’s
Website, including, without limitation, (a) accessing data not intended for
such user or logging onto a server or an account which the user is not
authorized to access; b) using the Website for unintended purposes or trying to
change the behavior of the Website; (c) attempting to probe, scan or test the
vulnerability of a system or network or breach security or authentication
measures without proper authorization; (d) attempting to interfere with service
to any user, host or network, including without limitation via means of submitting
a virus to the Website, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"; (f)
forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting. Violations of system or network security may
result in civil or criminal liability; or (g) forging communications on behalf
of the Website (impersonating the Kilu, Inc.’s Website) or to the Website
(impersonating as a legitimate user). Sending unsolicited and unauthorized
e-mail on behalf of Kilu, Inc., including promotions and/or advertising of
products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or
attempt to interfere with the proper working of Kilu’s Website or any activity
being conducted on this Website. You agree, further, not to use or attempt to
use any engine, software, tool, agent, data or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search Kilu’s Website other than the search engine and
search agents provided by Kilu or generally publicly available browsers.
Termination of Use
Kilu may in
its sole discretion terminate your account or your use of Kilu’s Website at
anytime. You are personally liable for any orders that you place or charges
that you incur prior to termination. Kilu reserves the right to change,
suspend, or discontinue all or any aspects of Kilu’s Website at any time
without prior notice.
Limitation of Liability
By using Kilu’s
Website, you expressly agree that use of Kilu’s Website is at your sole risk. Kilu’s
Website is provided on an "AS IS" and "as available" basis.
Neither Kilu nor its respective officers, directors, employees, agents,
third-party content providers, designers, contractors, distributors, merchants,
sponsors, licensors or the like (collectively, "Associates") warrant that use of Kilu’s Website will be
uninterrupted or error-free. Neither Kilu nor its Associates warrant the
accuracy, integrity or completeness of the content provided on Kilu’s Website
or the products or services offered for sale on Kilu’s Website. Further, Kilu
makes no representation that content provided on Kilu’s Website is applicable
to, or appropriate for use in, locations outside of the United States. Kilu
and its Associates specifically disclaim all warranties, whether expressed or
implied, including but not limited to warranties of title, merchantability or
fitness for a particular purpose. No oral advice or written information given by
Kilu or its Associates shall create a warranty. Some states do not allow the
exclusion or limitation of certain warranties, so the above limitation or
exclusion may not apply to you.
Under no circumstances shall Kilu or its Associates be liable for any direct,
indirect, incidental, special or consequential damages that result from your
use of or inability to use Kilu’s Website, including but not limited to
reliance by you on any information obtained from Kilu’s Website that results in
mistakes, omissions, interruptions, deletion or corruption of files, viruses,
delays in operation or transmission, or any failure of performance. The
foregoing Limitation of Liability shall apply whether in an action of contract,
negligence or other tortious action, even if an authorized representative of Kilu
has been advised of or should have knowledge of the possibility of such
damages. User hereby acknowledges that this paragraph shall apply to all
content, merchandise and services available through Kilu’s Website. Some states
do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Kilu
reserves the right to make changes to Kilu’s Website and its CONDITIONS OF USE
AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY at any time. Each time
you use Kilu’s Website, you must visit and review the then current CONDITIONS
OF USE AND SALE, LEGAL NOTICES AND DISCLAIMERS, PRIVACY POLICY that apply to
your transactions and use of this Website. If you are dissatisfied with Kilu’s
Website, its content or CONDITIONS OF USE AND SALE, LEGAL NOTICES AND
DISCLAIMERS, PRIVACY POLICY, you agree that your sole and exclusive remedy is
to discontinue using Kilu’s Website.
Tampering with the Website, misrepresenting the identity of a user, using
buying agents or conducting fraudulent activities on the Website are
prohibited.
Contact Information
of Kilu, Inc.’s Website
·
Kilu’s
Website address is: Shokasme.com
·
The
mailing address for Kilu is: Kilu Inc., P.O. Box 79085, Fort Worth, TX, 76179
·
The telephone number for Kilu is: (775) 588-4616
·
The
e-mail address to contact Kilu is: support@KiluInc.com
Latest revision date: This Website was update on July 2, 2013. Any
changes made to this Legal Notice and Disclaimer will be effective as of the date posted to
this website. ]
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