1) These terms and conditions (the “Agreement”) govern your access and use of the website located through the URL where this page is located and all associated subdomains and directories (the “Website”), all content services accessible through the Website (the “Services”), and the software, if any, necessary to access and use the Website from time to time.
3) You consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement, along with all other electronic documents, policies and notices, delivered to you electronically or otherwise published at or through the Website shall be the equivalent of fully and properly executed written paper instruments.
4) You should refer back to the Website to review this Agreement from time to time, as we may alter or update the Agreement with no further notice to you, and all such alterations or updates will be binding on you. Your continued use of the Website after the publication there of any alteration to the Agreement will be conclusive evidence of your acceptance to be bound by the Agreement as altered.
Who We Are
5) The Website and the Services are provided by Kappadigital (“THE COMPANY”). Our address is 411 East 9th Street, New York, NY, 10009. The contact email address is firstname.lastname@example.org (“THE EMAIL ADDRESS”).
6) If you have any comments or questions at all about the Website, its contents, or any other aspect of our activities, please contact us at THE EMAIL ADDRESS.
System Requirements and Media Formats
7) While we have designed the Website to be as user-friendly and accessible as possible, in order to function properly, or for you to properly view certain products purchased through the Website, the Website may require that you have special software installed on your computer and that your computer meet certain basic requirements.
8) It is your responsibility to ensure that your computer meets all requirements of the Website. We will not be responsible for any lack of functionality or service failures that may result due to your equipment (which includes, without limitation, your computer, internet connection, routers, operating system, software, plugins, security settings, and peripherals). You acknowledge that the quality of the Services may be affected, and may be degraded, as a result of your equipment, which shall be your responsibility.
9) You agree that we may upload and download (to and from your computer) certain packets of content and information from the Website (whether as cookies or other forms of digital applications and information), and we may use this content and information in order to assist us with the efficient provision of content through the Website.
Registration and Website Security
10) Many features may be available to you through the Website without registration. For example, you may be allowed to view basic articles and other content without registering with us. However, in order to interact with the Website and to purchase certain products, you will first need to register with us and create an account through the Website. In registering with us, you will provide us with certain personal information which will be subject to the terms of this Agreement.
11) Your registration information will include passwords and other information that you will use to access the Website. You should be very careful to keep this information confidential, as you will be responsible for all activity that occurs through your account. We have no way of independently verifying any person who accesses the Website through your account, other than by way of our standard authentication procedures, and we will not be responsible for any losses or harm suffered by you or anyone else as a result of any access or use of your Website account.
12) Subject to the terms of this Agreement, you may terminate your account at any time by using the links provided at the Website for that purpose. You can also send a request for termination to: THE EMAIL ADDRESS.
Your Promises to Us
13) You acknowledge and promise to us that:
a) you are over the age of 18 years, and are fully competent to enter into contracts in New York State, USA, and that you agree to be bound fully by the terms of this Agreement;
b) all information provided by you to us from time to time is complete, true, accurate, and up to date;
c) you will not use the Website for any illegal or improper purpose;
d) you will not reproduce or publish any material from the Website except in accordance with the written authorization of THE COMPANY.
e) you will defend, indemnify and hold completely harmless THE COMPANY and its directors, officers, employees, agents, representatives, affiliates, parents, subsidiaries, licensors, suppliers, service providers and other contractors (collectively, “Indemnified Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings, including threatened claims and proceedings, (“Claims”) arising out of or relating to: (a) your breach of any of the terms of this Agreement; (b) your access to or use of the Website (or any website which is linked to or accessible through the Website); or (c) your provision to us of information or other data. The Indemnified Parties will have the right, but not the obligation, to participate through lawyers of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties (“Indemnified Claim”). You may not settle any Indemnified Claim without the prior written consent of the concerned Indemnified Parties; and
Your Use of the Website
14) You are entirely responsible for the content of, and any harm resulting from, any postings or materials you submit, save or upload to the Website (collectively, “Submissions”). When you submit any Submissions through the Website, you thereby confirm that:
a) you own the Submissions posted by on or through the Website;
b) your Submissions do not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and do not violate any law concerning the health or wellbeing of minors;
c) your Submissions do not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
d) your Submissions are encoded correctly according to the standards in effect from time to time at the Website, and do not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by us;
e) your Submissions do not contain content that endorses or promotes racism, bigotry, hatred, or physical harm of any kind discriminates, incites harassment or advocates harassment of or against another group or individual; and
15) You agree that in using the Website you will not:
a) use the Website in any way that may result (whether directly or indirectly) in:
i) any criminal activity;
ii) the infringement of our or any third party’s intellectual property, publicity rights, copyrights, contract rights, trademark rights, or any other rights; or
iii) any other unlawful outcome;
b) use the Website in any way that interrupts, damages, impairs or renders the Website less effective;
c) email, transmit or otherwise disseminate any content which is defamatory, obscene, hateful, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
d) advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email;
e) transfer files that contain viruses, trojans or other programs, which in our sole discretion are, or may be, malicious or harmful;
f) use the username of another user or attempt to impersonate another user or person;
g) access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures in effect at the Website;
h) reproduce and distribute any Content (as defined below), other than content solely created by you, for any purpose; or
i) create or facilitate any works derived from the Website Content.
16) We reserve the right to, without notice and for any reason, restrict or deny your access to and use of the Website. In the event that we terminate your access to the Website, you agree to immediately stop using the Website and the Services. This shall not limit our rights in the circumstances to take any other actions against you that we consider appropriate to defend our rights or those of any other person.
Ownership and Copyright.
17) You acknowledge that any and all information, content, reports, data, databases, graphics, videos, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Website (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the sole property THE COMPANY, its licensors, or of their respective owners as indicated, as the case may be.
License to Use Your Information.
18) With the exception of personal information, you hereby grant to us the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license (the “Licence”) in and to your Submissions. The Licence grants to THE COMPANY, in respect of each and every of your Submissions, the rights to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content you provide on or through the Website, or which is sent to us by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. THE COMPANY shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by THE COMPANY in writing or required by law. You represent and warrant that you have the right to grant the Licence as set out above.
Limitations on Liability and Disclaimers.
19) There is no guarantee that personal information and transactions on the Website (or on the Internet generally) will be maintained confidential and secure. The use of the Website and the Website Content is solely at your own risk, and THE COMPANY assumes no liability whatsoever pertaining to the Website Content, your use of the Website, or the receipt, storage, transmission or other use of your Submissions or your personal information.
20) The Website and the Website Content are not to be construed as a form of promotion or an offer to sell any particular product or service other than the Products. The Website may contain links to other sites. THE COMPANY does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so exclusively at your own risk. In providing links to other websites, THE COMPANY is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another website through the Website should not be construed to mean that THE COMPANY is endorsing, affiliated or associated with the operators of any other such website.
21) For clarity, the mention of another person or its product or service on the Website should not be construed as an endorsement of that party or its product or service.
22) THE COMPANY will not be responsible for any damages that you or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize THE COMPANY to make, or for any errors, omissions, or any changes made to any transmitted, stored or received information.
23) You are solely responsible for your retrieval and use of the Content (including the Products). You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information or Products as the basis for any conclusions or decisions.
24) THE COMPANY may provide to you through the Website information and opinions regarding human resources and other areas relevant to your business. Your use of such information and opinions is solely at your own risk. Business environments and human resource management are extremely complex, and successful implementation is always dependant on specific factors that are unique to your situation. The Content and the Products are provided for educational and informational purposes only and should not be interpreted as a recommendation for any specific employee, contractor, product or service, use or course of action. The Content and the Products are not intended to be used as a substitute of any kind for professional advice. It is your duty to obtain advice from a qualified professional to meet any of your specific human resource needs. You should not act or rely on any of the Content or the Products without seeking the advice of a qualified professional.
25) The Website Content may not be accurate, up to date or complete, and is not to be relied upon.
26) Except as expressly provided in this Agreement, the Website and all Content, Products, services and software on the website or made available through the website are provided strictly “as is” and “where is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to uninterrupted or error free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
27) In no event will THE COMPANY, its affiliates, agents, licensors, suppliers, representatives or other contractors, or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to: damages for loss of use, lost profits or lost savings, even if THE COMPANY or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
28) In no event will THE COMPANY, its affiliates, agents, licensors, suppliers, representatives or other contractors, or their respective directors, officers or employees, be liable for damages or losses resulting from: viruses, data corruption, failed messages, transmission errors or problems; telecommunications service providers; links to third-party web sites; the internet backbone; personal injury; third-party content, products or services; damages or losses caused by you, or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities including computer resources, routers and stored data; the use or inability to use the Website or the Content; any other website accessed to or from the Website; or events beyond the reasonable control of THE COMPANY, even if THE COMPANY or any of its lawful agents, or employees have been advised of the possibility of such damages or claim.
29) In no case will the cumulative total liability of THE COMPANY, its affiliates, agents, licensors, suppliers, and their respective directors, officers and employees arising under any cause whatsoever be for more than the amount of funds that you have actually paid to THE COMPANY through the Website as of the date of any claim that you allege.
30) THE COMPANY assumes no obligation to update the Content on the Website. The Website Content may be changed without notice to you. THE COMPANY is not responsible for any Content or information that you may find undesirable, offensive, or objectionable.
31) THE COMPANY disclaims any liability for unauthorized use or reproduction of any portion of the Website. Accessing the Website or any of the Content from territories where the Website may be illegal is prohibited.
32) Any and all claims whatsoever against THE COMPANY related to the Website or the delivery or provision by THE COMPANY of anything (including, without limitation, any Products) through the Website must be brought within 1 year from the date on which such claim arose, after which time your right to bring such claim will expire and be extinguished.
33) When you access the Website, you will be able to purchase certain video, audio, or written products (the “Products”), along with other of the Content. All purchases made through the Website are final and all funds paid to purchase any Products are fully non-refundable. Sales taxes and shipping costs will be extra in addition to any published purchase price of such Products.
34) Despite the above, THE COMPANY may from time to time offer specific guarantees or promotions related to certain Products, and may publish notice of such guarantees or promotions on the Website along with guidelines and requirements governing them. As part of such guarantees or promotions, THE COMPANY may offer to refund all or portions of amounts paid to purchase certain Products, in addition to other incentives or offers, all on certain conditions and under certain terms. All such guarantees or promotions will be strictly at the discretion of THE COMPANY and in accordance with the guidelines and requirements published on the Website.
35) When you purchase any Products through the website, you acquire a limited licence to view that Product for the term specified. Your licence is non-transferable, which means that you are the only person authorized to view the material purchased and you may not transfer or assign that right to any other person. You do not acquire any rights in any of the Products other than the right to view the Product. Without limiting the generality of this paragraph, you may not reproduce any portion of any Product without specific written authorization from THE COMPANY to do so.
36) Further, if you register an account with the Website, you may also be able to access and interact with the Website in the following ways:
a) join and participate in user forums, comments, or other opportunities which enable you to view or share Content, post messages or comments and communicate with other users of the Website; and
b) such other opportunities as may become available from time to time through the Website.
37) Despite anything else in this Agreement, all of your interaction with the Website and other users through the Website will be at your exclusive risk.
38) Without limiting the generality of the above, you acknowledge that you may find the use of the Website by other users inaccurate, offensive, indecent, harmful or deceptive. If you have any complaints regarding another user of the Website or if you believe that any of the Content posted on the Site is in some way illegal please contact us at THE EMAIL ADDRESS. We can then take steps to investigate the user and the allegedly offending Content, and take further steps to have the situation corrected. Please note that we are under no obligation to take any action against a user unless otherwise required by applicable law.
39) If you are concerned that any Content available through the Website is infringing your copyrights (or any other of your rights), you may notify us at: THE EMAIL ADDRESS. Please provide us detailed information about your concerns, along with your contact information. We will take such steps as we believe are reasonable in the circumstances to ensure that infringing material is not published through the Website.
41) This Agreement is effective until terminated by THE COMPANY in THE COMPANY’s sole and unfettered discretion. We may terminate this Agreement without notice to you if you fail to comply with any of its terms, or if we have any other reason, in our sole discretion, to do so. Any such termination by THE COMPANY shall be in addition to and without prejudice to such rights and remedies as may be available to THE COMPANY, including injunction and other equitable remedies.
42) Notwithstanding the above, the disclaimers, limitations on liability, ownership, termination, interpretation, the Licence, your warranty and the indemnity provisions of this Agreement shall each survive the termination or expiry of this Agreement.
43) THE COMPANY, the Website and the Website Content (excluding linked web sites or content) are deemed to be physically located within the State of New York, USA. This Agreement, and your use of the Website, will be governed by the laws of the State of New York and the federal laws of the United States applicable in that state, and shall be treated in all respects as a New York State contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of the New York State courts.
44) The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect its total construction or interpretation. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
45) This Agreement as it may be amended from time to time in accordance with its provisions, and any and all other legal notices and policies on the Website, constitute the entire agreement between you and THE COMPANY with respect to the use of the Website and the Website Content.
Amendment and Waiver.
46) THE COMPANY reserves the right, in its sole discretion, to amend or replace this Agreement at any time by posting amendments or replacements on the Website. You are responsible for periodically reviewing the Website and you are deemed to be aware of such amendments immediately when they are published. If you do not agree to the amended terms and conditions, you shall immediately stop using the Website. Access to the Website or use of the Website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended or replaced terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on THE COMPANY unless executed by THE COMPANY in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
47) Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable will only be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision.
48) This Agreement shall enure to the benefit of and be binding upon you and THE COMPANY and our respective principals, agents, successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.