TERMS AND CONDITIONS OF USE
Effective December 2015
IMPORTANT — KIPANY PRODUCTIONS, Ltd (“KIPANY”) OWNS AND OPERATES THE KIPANY WEB SITE (PAGE) TO WHICH THIS AGREEMENT IS LINKED. THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as “you” or “user,” or with “your”) AND KIPANY. THEREFORE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE (referenced herein as the “TOU”). KIPANY IS WILLING TO PERMIT YOU TO USE THE PAGE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS PAGE AND ITS SERVICES AND MATERIALS AND ARE HEREBY INSTRUCTED TO EXIT THE PAGE IMMEDIATELY.
TERMS AND CONDITIONS
By submitting information requested on this Page you hereby represent that you are of the legal age to execute and abide by a legally enforceable contract under the laws of the state and/or country in which you reside and that the information you provide is true, accurate, current, and complete. If you provide any false, inaccurate, untrue, or incomplete information, KIPANY reserves the right in its sole discretion immediately and without notice to terminate your access to and use of this Page and to refuse to fulfill any premium offer associated with this Page. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Page.
All text, graphics, visual interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content on or through the Page are owned by KIPANY. The Page is Copyright © 2016 Kipany Productions, Ltd. All rights reserved. KIPANY also owns a copyright in the contents of the Page as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Page. KIPANY and all other names, logos, and icons identifying KIPANY and its products or services are owned by KIPANY, and any use of such marks without the prior express written permission of KIPANY is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
ENFORCING SECURITY ON THE PAGE
Actual or attempted unauthorized use of the Page may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. In order to protect the Page, its business, its good will, or the rights of users of this Page, KIPANY reserves the right to view, monitor, and record activity on the Page without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Page is subject to review by law enforcement organizations in the sole and absolute discretion of KIPANY. KIPANY will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, KIPANY reserves the right, at any time and without advance notice, to modify, suspend, terminate, or temporarily interrupt operation of or access to the Page or any portion thereof.
THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE PAGE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. KIPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE PAGE. MOREOVER, KIPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES AND MATERIALS AVAILABLE ON THE PAGE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE PAGE.
LIMITATION OF LIABILITY
KIPANY shall not be responsible for any damage or loss resulting from a cause beyond KIPANY’s reasonable control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL KIPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PAGE OR WITH THE DELAY OR INABILITY TO USE THE PAGE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE PAGE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF KIPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY ONLY APPLY TO THE MAXIMUM EXTENT OF THE LAW.
This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York without regard to its principles of conflicts of laws. Any action by you relating to this TOU, or to KIPANY’s services, materials, events and/or products accessed or purchased through this Page, shall be brought only in the federal or state courts presiding in New York County, in the State of New York, U.S.A., and all parties to this TOU expressly agree to be subject to the exclusive jurisdiction of such courts. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or KIPANY’s services, materials, events and/or products accessed or purchased through this Page, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You access the Page solely on your own volition and are responsible for compliance with all applicable local laws.
WAIVER & SEVERABILITY
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by KIPANY of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by KIPANY in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
You may provide us with personal information when you enter and submit personal information requested on the Page, or otherwise voluntarily provide personal information to us. Personal information may include your name, email address, telephone number, or physical address. We may also collect certain types of non-personal information from visitors to the Page. This information includes, but is not limited to, individual landing pages and response forms visited, the time and date of a visit, and browser type. The collection of this information may be done via cookies or other technology. We may also receive information about you from third-parties and combine that information with what you have provided us.
Kipany may use personal and non-personal information for purposes including:
- contacting you about the Page;
- responding to your inquires and requests;
- for marketing and advertising purposes;
- helping us maintain and operate the Page, as well as improve and enhance the Page;
- monitoring the Page for compliance and fraud;
- providing offers and advertising to you from us, our affiliates, subsidiaries, or other third parties that we believe may be of interest to you;
- comply with legal process or as otherwise required by law;
- sending promotional material on behalf of our partners; or
- for other purposes described at the time of collection.
We may share personal and non-personal information (“Information”) for various purposes including with service providers that perform tasks on our behalf, our partners and other parties for marketing purposes. Our partners and other parties may use personal information to contact you by phone, email, or by other means to market their products and services to you. The Page may also share Information as part of a corporate sale, merger, or acquisition, or as part of a bankruptcy proceeding. Information may also be disclosed pursuant to a subpoena, court order, other legal process, or to protect our rights, or the rights of third parties.
We take reasonable steps to help secure personal information.
YOUR CALIFORNIA PRIVACY RIGHTS
The Page is not intended for the use of minors under the age of 13. We do not knowingly or intentionally collect information from minors under the age of 13.
UPDATING PERSONAL INFORMATION