Terms of Service
Kaaleo.com (the "Kaaleo Website", or "Website") is owned and operated by Kaaleo. (hereafter "Kaaleo", "we", "our", or "us"). "You" or "your" means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible.
In compliance with the Children's Online Privacy Protection Act of 1998, Kaaleo does not accept membership registrations from users who are under 13 years of age. By registering with Kaaleo, you represent that you are at least 13 years old.
Your Acceptance
By using and/or visiting this website, including all content available through the Kaaleo.com domain name, you signify your assent to both these terms and conditions (the "terms of service") and the terms and conditions of Kaaleo's Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, then please do not use the Kaaleo Website.
User of the Website
In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", etc., that accesses the Website in a manner that sends more request messages to the Kaaleo servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Kaaleo grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Kaaleo reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
The technology and the software underlying our sites and the Services is the property of Kaaleo. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions: >
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a Kaaleo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.
Content Linked to by Kaaleo
The Website may contain links to third party websites that are not owned or controlled by Kaaleo. Kaaleo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The items that appear on the Kaaleo Website are created by automated machinery and computers, and Kaaleo cannot and does not screen the source sites or content before displaying them on the Website. An item may provide links and/or display images of sites and/or content that some people find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site linked to by Kaaleo. By using the Website, you expressly relieve Kaaleo from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Kaaleo Website and to read the terms and conditions and privacy policy of each other website that you visit.
Redistribution
You may not distribute any content from the Website without written consent from Kaaleo. Images on the Website are intellectual property of copyright owner and may not be used for commercial use without permission from the owner. Additionally, if you want to make commercial use of the Kaaleo Service, you must enter into an agreement with Kaaleo to do so in advance.
Disclaimer of Warranties
Kaaleo disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Kaaleo service pages. Kaaleo disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Kaaleo disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Kaaleo service.
The Kaaleo service, and all materials, information, products and services included in the Kaaleo service are provided "as is," with no warranties whatsoever. Kaaleo and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Kaaleo and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the Kaaleo services. Kaaleo and its licensors disclaim, any warranties for any information or advice obtained through the Kaaleo services. Kaaleo and its licensors disclaim any warranties for services or goods received through or advertised on the Kaaleo service or received through any links provided by the Kaaleo service, as well as for any information or advice received through any links provided in the Kaaleo service.
You understand and agree that you download or otherwise obtain material or data through the use of the Kaaleo service at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Limitation of Liability
Under no circumstances shall Kaaleo or its licensors be liable to any user on account of that user's
use or misuse of or reliance on the Kaaleo service. Arising from any claim relating to this agreement or the
subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty,
contract, tort (including negligence), or otherwise, (even >if Kaaleo or its licensors have been advised of
the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or
misuse of and reliance on the Kaaleo service, from inability to use the Kaaleo service, or from the interruption,
suspension, or termination of the Kaaleo service (including such damages incurred by third parties). this limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Kaaleo service or received through any links provided in the Kaaleo service, as well as by reason of any information or advice received through or advertised on the Kaaleo service or received through any links provided in the Kaaleo service. this limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. such limitation shall further apply with respect to the performance or non-performance of the Kaaleo service or any information or merchandise that appears on, or is linked or related in any way to, the Kaaleo service. such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Without limiting the foregoing, under no circumstances shall Kaaleo or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Kaaleo.
Changes In Terms and Conditions and Kaaleo
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.