AGREEMENT BETWEEN USER AND KiWi
The KiWi Web Site is comprised of various Web pages operated by KiWi.
The KiWi Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the KiWi Web Site constitutes your agreement to all such terms,
conditions, and notices.
KiWi reserves the right to change the terms, conditions, and notices
under which the KiWi Web Site is offered, including but not limited
to the charges associated with the use of the KiWi Web Site.
LINKS TO THIRD PARTY SITES
The KiWi Web Site may contain links to other Web Sites ("Linked Sites").
The Linked Sites are not under the control of KiWi and KiWi
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.
KiWi is not responsible for webcasting or any other form of transmission
received from any Linked Site. KiWi is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by KiWi of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the KiWi Web Site, you warrant to KiWi
that you will not use the KiWi Web Site for any purpose that is unlawful
or prohibited by these terms, conditions, and notices. You may not use the KiWi
Web Site in any manner which could damage, disable, overburden, or impair the KiWi
Web Site or interfere with any other party's use and enjoyment of the KiWi
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 KiWi
USE OF COMMUNICATION SERVICES
The KiWi 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
KiWi has no obligation to monitor the Communication Services. However,
KiWi reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. KiWi
reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
KiWi 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 KiWi's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. KiWi does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, KiWi 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 KiWi
spokespersons, and their views do not necessarily reflect those of KiWi.
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 KiWi OR POSTED AT ANY KiWi
KiWi does not claim ownership of the materials you provide to KiWi
(including feedback and suggestions) or post, upload, input or submit to any KiWi
Web Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting KiWi,
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. KiWi is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in KiWi's
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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE KiWi WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KiWi AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KiWi WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE KiWi 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.
KiWi 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 KiWi 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. KiWi 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 KiWi
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 KiWi WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE KiWi 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 KiWi WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE KiWi WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KiWi 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 KiWi WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KiWi
SERVICE CONTACT : firstname.lastname@example.org
KiWi reserves the right, in its sole discretion, to terminate your
access to the KiWi 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 San Mateo County,
California, U.S.A. in all disputes arising out of or relating to the use of the
KiWi Web Site. Use of the KiWi 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
KiWi as a result of this agreement or use of the KiWi
Web Site. KiWi's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is in derogation
of KiWi's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the KiWi Web Site
or information provided to or gathered by KiWi 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 KiWi with respect to the KiWi
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and KiWi with
respect to the KiWi 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 an d 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 KiWi Web Site are: Copyright [year] by KiWi Wittmund and/or
its suppliers. All rights reserved.
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