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.