PLEASE REVIEW THIS PRIVACY POLICY AND THE TERMS OF SERVICE FOR THE SITE CAREFULLY. YOUR USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO SUCH PRIVACY POLICY AND TERMS OF SERVICE.
KABILAA
maintains the site located at the domain
kabilaa.com ("Site") for your
personal entertainment, information, education,
and communication. Please feel free to browse
the Site at any time; however, by browsing
this Site, you are subject to the terms
and conditions ("Terms of Service")
of this Site. By accessing this Site, you
accept, without limitation or qualification,
the following Terms of Service. If you do
NOT accept the Terms of Service, then please
discontinue your use of this Site.
Use of Site
We reserve the right
to amend the Terms of Service, and to modify,
add or discontinue any aspect, content,
or feature of the Site. Such amendments,
modifications, additions, deletions shall
become effective upon notice thereof, which
may be provided to you by posting on the
Site, via e-mail or any other means. Continued
use of the Site by you shall constitute
your binding acceptance of any such amendments,
modifications, additions or deletions.
The Site is owned and operated by KABILAA
and contains material that is derived in
whole or in part from material supplied
and owned by KABILAA and other sources.
These materials may be protected by copyright,
trademark, and other applicable laws. You
should not modify, copy, reproduce, republish,
upload, post, transmit, publicly display,
prepare derivative works based on, or distribute
material from the Site, including but not
limited to text. During your visit, however,
you may download material displayed on the
Site for non-commercial, personal use only
(provided that you also retain all copyright
and other proprietary notices contained
on the materials). We do not warrant nor
represent that your use of materials displayed
on the Site will not infringe rights of
third parties not owned by or affiliated
with us.
Third Party Sites
We may provide links and
pointers to Internet sites maintained by
third parties ("Third Party Sites")
and may from time to time provide third
party materials on the Site. Neither KABILAA,
its parent, subsidiary companies, affiliates,
or suppliers operate or control in any respect
the information, products or services on
these Third Party Sites. Links to Third
Party Sites are provided by us solely as
a convenience; we neither endorse nor bear
any responsibility for or control over any
Third Party Sites or any links contained
therein. All policies and statements by
us herein pertaining to the Site do not
apply in any way to these Third Party Sites.
Once you leave this Site and/or access Third
Party Sites, our Terms of Service, Privacy
Policy and other policies are no longer
in effect. We recommend that you read the
terms of use of each and every website which
you visit. We reserve the right in our sole
discretion and without notice to: (i) terminate
any and all links to this Site from any
third party site, (ii) terminate any and
all links from this Site to any third party
site and/or (iii) terminate any Third Party
Sites made available or accessible via this
Site and remove any online posting thereof.
Disclaimer of Warranties
While we use reasonable
efforts to include up to date information
in the Site, we make no warranties or representations
as to its accuracy, timeliness, reliability,
completeness or otherwise. The content,
materials, and products or services available
in or accessible through the Site are AS
IS and, to the fullest extent permissible
pursuant to applicable law, Kabilaa disclaims
all warranties, express or implied, including,
but not limited to, implied warranties of
merchantability, fitness for a particular
purpose and non-infringement, and warranties
implied from a course of performance or
course of dealing. Kabilaa does not warrant
that the functions contained in such materials
and products, or in the site, will be uninterrupted
or error-free, will be available for use,
that defects will be corrected, or that
the site, including the storage services
and their contents, or the server that makes
them available, are free of viruses or other
harmful components.
Limitation of Liability
Your use of, and browsing
in, the site is at your own risk. You assume
full responsibility for implementing sufficient
procedures and checks to satisfy your requirements
for the accuracy and suitability of the
site, including the information, and for
maintaining any means that you may require
for the reconstruction of lost data or subsequent
manipulations or analyses of the information
provided hereunder. You acknowledge that
your use of the site and any information
sent or received in connection therewith,
may not be secure and may be intercepted
by unauthorized parties. You assume responsibility
for the entire cost of all necessary maintenance,
repair or correction to your computer system
or other property. In no event shall kabilaa,
its parent or subsidiary companies or its
affiliates or suppliers be liable for any
direct, indirect, punitive, incidental,
special, consequential or other damages
arising out of or in any way connected with
the use of the site or with the delay or
inability to use the site, or for any information,
software, products and services advertised
in or obtained through the site, kabilaa
's removal or deletion of any materials
or records submitted or posted on its site,
or otherwise arising out of the use of the
site, whether based on contract, tort (including
but not limited to negligence), strict liability
or otherwise, even if kabilaa or any of
its subsidiary companies, affiliates or
suppliers has been advised of the possibility
of damages. This waiver applies, without
limitation, to any damages or injury arising
from any failure of performance, error,
omission, interruption, deletion, defect,
delay in operation or transmission, computer
virus, file corruption, communication-line
failure, network or system outage, or theft,
destruction, unauthorized access to, alteration
of, or use of any record. You specifically
acknowledge and agree that kabilaa, its
parent or subsidiary companies, affiliates
or suppliers shall not be liable for any
defamatory, offensive or illegal conduct
of any user of the site.
Trademarks
The trademarks, logos, and service marks (collectively the " Trademarks") displayed on the Site are registered and unregistered Trademarks of KABILAA and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of KABILAA or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
Merchants
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. We will NOT be responsible or liable for any loss and/ or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.
Submitting or Posting Content
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others ("Post"; or "Postings"). When you participate in the kabilaa.com community you are granting us certain rights to use the Postings. By participating, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; and (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide.
Postings do not reflect the views of KABILAA; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site.
You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting any such information or materials.
Communications With Members
The Site may enable you to communicate with other members through email and/or instant messaging. These features may only be used for legal, respectful and appropriate purposes. You may not use the Site or information gained from the Site to harass, threaten, deceive, send unsolicited mass email, “spam”, “spim” or to commit or further any illegal activity.
Indemnification
You agree to indemnify, defend and hold KABILAA and its parent, affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys' fees) arising out of or incurred by any breach by you of these Terms of Service. KABILAA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with KABILAA's defense of such claim.
Registration
Should KABILAA choose to provide member-based services ("Services") on the Site, when you register to use these Services, you may be required to provide certain personally identifiable information about yourself. You may only become a member if you are at least 13 years old, and certain Services may only be available for members who are at least 18 years old. You agree to provide true, accurate and complete information about yourself, and to update the information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if KABILAA suspects that your information is untrue, inaccurate, or incomplete, then KABILAA may, in its sole discretion, suspend, terminate, or refuse future access to your membership in these Services. Any personally identifiable information provided at points of registration on the Site will be subject to the kabilaa.com Privacy Policy, which can be read by clicking here.
Termination/Removal
KABILAA may, in its sole discretion, terminate your password, account (or any part thereof) or your access to the Site, or remove and discard any of your Postings, communications transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Site with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Site, (iii) any other access or use of the Site except as expressly provided in these Terms of Service, (iv) any violation of the Terms of Service or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Site, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, (vi) failure to use the Site or portion thereof on a regular basis, or (vii) submitting Postings that are off topic or not in accordance with the mission or best interest of the Site. You may terminate your membership hereunder upon thirty (30) days written notice by you to KABILAA of your intent to terminate these Terms of Service. Termination, suspension, or cancellation of these Terms of Service or your access rights shall not affect any right or relief to which KABILAA may be entitled, at law or in equity. Upon termination of these Terms of Service, all rights granted to you will automatically terminate and immediately revert to KABILAA and its licensors.
Export Control
The Site is controlled and Operated by KABILAA from its offices within the India. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about KABILAA's products and services available in the United States. KABILAA makes no representation that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. |
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