Terms of Use
General
These terms of use apply to www.kivasystems.com, and all other web
sites maintained by Kiva Systems, Inc. ("Kiva"). By using
this website, you agree to be bound by these terms, which may be
modified, amended or replaced by other terms and conditions.
If you do not agree to these terms of use, do not use this
website.
Ownership
This website is protected under United States and international
copyright laws. Any unauthorized use of the Kiva website may
violate copyright, trademark, and other laws. Unless
expressly permitted, you may not copy or distribute any content
from this website. Kiva grants you a non-exclusive and
non-transferable right to make reasonable use of the information,
software and documentation made available to you on this website.
User Submissions
Certain areas of the Kiva website (e.g., chat rooms or discussion
boards) may permit you to submit feedback, information, data, text,
software, music, sound, photographs, graphics, video, messages, or
other materials (each, a "User Submission"). By submitting a
User Submission, you grant to Kiva irrevocable, perpetual,
transferable, non-exclusive, fully-paid, worldwide, sub-licensable
license to (a) use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform, and publicly display your User
Submissions (or any modification thereto), in whole or in part, in
any format or medium now known or later developed and (b) use (and
permit others to use) your User Submission in any manner and for
any purpose (including, without limitation, commercial purposes)
that Kiva deems appropriate in its sole discretion (including,
without limitation, to incorporate your User Submission or any
modification thereto, in whole or in part, into any technology,
product, or service). Kiva shall have no obligation of any
kind with respect to such User Submissions. You understand
and agree that any User Submission will be considered
non-confidential and non-proprietary and that Kiva will be free to
disclose your User Submission to any third party absent any
obligation of confidence on the part of the recipient.
User Conduct
Your use of this website may not include any activity that
may:
- harm other persons, in particular minors, or infringe their
personal rights;
- violate any intellectual property right or any other
proprietary right of any third party (including Kiva);
- upload any contents containing any virus or any other program
that could damage data;
- transmit, store or upload hyperlinks or contents to which the
User is not entitled, in particular in cases where such hyperlinks
or contents are in breach of confidentiality obligations or
illegal; or
- distribute advertising or unsolicited e-mails (so-called
"spam") or incorrect warnings of viruses, defects or similar
material.
- You may not submit any User Submission that is reasonably
considered to be, defamatory, libelous, hateful, racially,
ethnically, religiously, or otherwise biased or offensive,
unlawfully threatening, or unlawfully harassing to any individual,
partnership, or corporation, vulgar, pornographic, obscene, or
invasive of another's privacy, and Kiva will remove any such User
Submission that violates these terms of use in any way.
Links to Third Party Websites
Links on the Kiva website to third-party websites are provided
solely as a convenience to you. If you use these links, you
will leave the Kiva website. Kiva is not obligated to review
such third-party websites, does not control such third-party
websites, and is not responsible for any such third-party websites
(or the products, services, or content available through the
same). If you decide to access any of the third-party
websites linked to from the Kiva website, you do so at your own
risk.
Privacy Policy
Kiva believes in protecting your privacy. Please click here to
review our current Privacy Policy, which also governs your use of
the Kiva website.
Indemnification
You agree to indemnify, defend, and hold harmless Kiva from and
against any and all claims, liabilities, damages, losses, costs,
expenses, or fees (including reasonable attorneys' fees) that Kiva
may incur as a result of or arising from your (or anyone using your
account's) violation of these Terms of Use. Kiva reserves the
right 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 Kiva's defense of such claim.
Disclaimer of Damages and Limitation of
Liability
KIVA DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT
ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL
PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE
DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE. KIVA CANNOT ENSURE THAT ANY CONTENT OR OTHER DATA YOU
DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. KIVA DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIVA
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT
OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF
THE SITE AND/OR ANY APPLE SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST KIVA FOR DISSATISFACTION WITH THE SITE OR
ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
IN NO EVENT WILL ANY OF THE HP PARTIES BE LIABLE FOR (A) ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF
REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS
INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN
CONNECTION WITH THE KIVA WEBSITE (INCLUDING, WITHOUT LIMITATION,
USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE KIVA WEBSITES),
WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT,
STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY HP PARTY HAS
BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH
DAMAGES.
Export Controls
Kiva administers this website from its offices in
Massachusetts. Kiva makes no representation that the Kiva
website is appropriate or available for use outside the United
States and access to the Kiva websites from territories where its
contents are illegal or restricted is prohibited. If you
choose to access the Kiva websites from outside the United States,
you do so at your own risk and are responsible for compliance with
applicable Laws. You agree to comply with all export and
re-export restrictions and regulations of the Department of
Commerce and any other United States or foreign agencies and
authorities in connection with your use of the Kiva website, and to
not, in violation of any laws, transfer, or authorize the transfer,
of any Materials to a prohibited country or otherwise in violation
of any applicable laws.
General
These Terms of Use, together with any additional terms to which
you agree when using particular elements of the Kiva website,
constitute the entire and exclusive and final statement of the
agreement between you and Kiva with respect to the subject matter
hereof, superseding any prior agreements or negotiations between
you and Kiva with respect to such subject matter. These Terms
and the relationship between you and Kiva shall be governed by the
laws of the Commonwealth of Massachusetts. All lawsuits
arising from or relating to these Terms or your use of the Kiva
website shall be brought in the Federal or State courts located in
Middlesex County, Massachusetts, and you hereby irrevocably submit
to the exclusive personal jurisdiction of such courts for such
purpose. The failure of Kiva to exercise or enforce any right
or provision of these Terms of Use shall not constitute a waiver of
such right or provision. If any provision of these Terms of
Use is found by a court of competent jurisdiction to be invalid,
you nevertheless agree that the court should endeavor to give
effect to the intentions of Kiva and you as reflected in the
provision, and that the other provisions of these Terms of Use
remain in full force and effect. The section titles in these
Terms of Use are for convenience only and have no legal or
contractual effect. These Terms of Use shall remain in full
force and effect notwithstanding any termination of your use of the
Kiva website. These Terms of Use will be interpreted without
application of any strict construction in favor of or against you
or Kiva. These Terms of Use, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but
may be assigned by Kiva without restriction.