Terms of Use
AGREEMENT BETWEEN USER AND Kodeo Limited
The Kodeo Limited Web Site is comprised of various Web pages operated by Kodeo Limited.
The Kodeo Limited Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
the Kodeo Limited Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF USE
Kodeo Limited reserves the right to change the terms, conditions, and notices under
which the Kodeo Limited Web Site is offered, including but not limited to the charges
associated with the use of the Kodeo Limited Web Site.
LINKS TO THIRD PARTY SITES
The Kodeo Limited Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of Kodeo Limited and Kodeo Limited is
not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
Kodeo Limited is not responsible for webcasting or any other form of transmission
received from any Linked Site. Kodeo Limited is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Kodeo
Limited of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Kodeo Limited Web Site, you warrant to Kodeo Limited
that you will not use the Kodeo Limited Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the Kodeo
Limited Web Site in any manner which could damage, disable, overburden, or impair
the Kodeo Limited Web Site or interfere with any other party's use and enjoyment
of the Kodeo Limited Web Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the Kodeo Limited Web Sites.
USE OF COMMUNICATION SERVICES
The Kodeo Limited Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
Kodeo Limited has no obligation to monitor the Communication Services. However,
Kodeo Limited reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. Kodeo Limited reserves the right
to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever.
Kodeo Limited reserves the right at all times to disclose any information as necessary
to satisfy any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole or
in part, in Kodeo Limited's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Kodeo Limited does not control
or endorse the content, messages or information found in any Communication Service
and, therefore, Kodeo Limited specifically disclaims any liability with regard to
the Communication Services and any actions resulting from your participation in
any Communication Service. Managers and hosts are not authorized Kodeo Limited spokespersons,
and their views do not necessarily reflect those of Kodeo Limited.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Kodeo Limited OR POSTED AT ANY Kodeo Limited WEB SITE
Kodeo Limited does not claim ownership of the materials you provide to Kodeo Limited
(including feedback and suggestions) or post, upload, input or submit to any Kodeo
Limited Web Site or its associated services (collectively "Submissions"). However,
by posting, uploading, inputting, providing or submitting your Submission you are
granting Kodeo Limited, its affiliated companies and necessary sublicensees permission
to use your Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Kodeo Limited is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Kodeo Limited's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE Kodeo Limited WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Kodeo Limited AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Kodeo Limited WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Kodeo Limited WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Kodeo Limited AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Kodeo Limited WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND. Kodeo Limited AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Kodeo Limited
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Kodeo Limited WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE Kodeo Limited WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Kodeo Limited WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Kodeo Limited WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF Kodeo Limited OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE Kodeo Limited WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Kodeo Limited WEB SITE.
SERVICE CONTACT : kodeo@kodeolimited.com
TERMINATION/ACCESS RESTRICTION
Kodeo Limited reserves the right, in its sole discretion, to terminate your access
to the Kodeo Limited Web Site and the related services or any portion thereof at
any time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby consent
to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the Kodeo Limited Web Site.
Use of the Kodeo Limited Web Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership, employment,
or agency relationship exists between you and Kodeo Limited as a result of this
agreement or use of the Kodeo Limited Web Site. Kodeo Limited's performance of this
agreement is subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of Kodeo Limited's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the Kodeo
Limited Web Site or information provided to or gathered by Kodeo Limited with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Kodeo Limited with respect to the Kodeo Limited Web
Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Kodeo Limited with respect
to the Kodeo Limited Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement and all
related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Kodeo Limited Web Site are: Copyright 2007 by Kodeo Limited
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
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