BY ACCESSING, VIEWING OR USING THIS WEBSITE (“Site”), OR ANY DATA OR WORK THEREIN, YOU AGREE TO THE TERMS OF THIS LICENSE AGREEMENT (“Agreement”) WITH KAIA RA, LLC (“Kaia Ra” or “The Company”. YOUR (“You” or “Your”) CONTINUED ACCEPTANCE OF AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT ARE A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS OR USE THE SITE, OR ANY PORTIONS THEREOF. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, VIEW OR USE THE SITE, AND EXIT NOW. BY ACCESSING, VIEWING OR USING THIS SITE, YOU SIGNIFY THAT YOU ARE EIGHTEEN YEARS OF AGE OR OLDER, AND ARE AUTHORIZED TO ENTER INTO THIS CONTRACT.
1. Site License. In consideration of Your accessing the Site, Your compliance with the terms of this Agreement are conditions precedent to Kaia Ra’s license grant. Kaia Ra grants You a non-exclusive, non-transferrable and limited license to access and use the Site only for Your personal use, and subject to all terms and conditions of this Agreement. You specifically may not provide access to the Site, or any portions thereof, either directly or indirectly, to any third party. Except as expressly permitted herein, You may not copy, reproduce, rent, lease, sell, modify, alter, commercially exploit, transmit, distribute, reverse engineer, create any derivative works or maintain any archive of the Site, or any portions thereof.
3. Proprietary Rights. You agree that all right, title and interest (including all trademarks, service marks and other intellectual property rights) in and to the Site, belongs exclusively to Kaia Ra or, where applicable, Bejeweled In Sovereignty, LLC. Kaia Ra has created the text, visual images, audio files and other original content, or otherwise licensed the copyright rights to use the content appearing on the Site, and You agree to ensure that all marks, notices or legends pertaining to the origin, identity or ownership of the Site, or any portions thereof, shall remain intact and clearly legible on any copy of the Site’s content.
4. Takedown of Third- Party Content. We respect your content ownership rights. Your use of and access to the Site signifies your agreement to respect the ownership rights of other users. We will respond to all take-down notices of alleged copyright violations that are in compliance with applicable law. A proper take-down notice under the Digital Millennium Copyright Act will include the following: (i) the signature of a person authorized to issue the take-down notice; (ii) identification of the copyrighted work at issue; (iii) identification of the material that is allegedly infringing upon the copyrighted work; (iv) contact information for the complaining party; (v) good faith statement of the complaining party; and (vi) a statement attesting to the accuracy of the information provided under penalty of perjury. We reserve the right to remove content that allegedly infringes on the ownership rights of other users without notice and within our discretion. If it is determined that you have repeatedly infringed upon the ownership rights of others, your account will be terminated. To submit a copyright complaint or concern, please send an email to firstname.lastname@example.org.
5. User-Generated Content. By uploading any content to the Site, or submitting creative ideas, concepts, know-how, techniques, suggestions, opinions, votes or materials (collectively, “Submissions”), You are automatically granting The Company a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology now known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes, and to sublicense such rights to others (collectively, “Rights”). All Submissions, whether solicited or unsolicited, shall become and remain the property of the Company. This means that anything submitted by You to the Site may be used by Kaia Ra for any purpose, now or in the future, without any payment to, or further authorization by, You. The Company also has the right, but not the obligation, to use your initials or social media user name in connection with the broadcast, print, online or other use or publication of your Submission.
6. Warranty Disclaimer. THE SITE, AND ANY PORTIONS THEREOF, INCLUDING ANY LINKS TO THIRD PARTIES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. KAIA RA AND ITS EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, CONTRIBUTORS AND THIRD PARTY PROVIDERS (the “KAIA RA RELATED PARTIES”) DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS CONCERNING THE SITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR FUNCTIONALITY OF THE SITE. MOREOVER, KAIA RA AND THE KAIA RA RELATED PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO THE SITE. KAIA RA AND THE KAIA RA RELATED PARTIES ALSO DO NOT WARRANT THE SITE TO BE FREE OF ANY ERROR OR DEFECT. YOU: (1) ASSUME THE ENTIRE RISK AS TO THE SUITABILITY, USE, RESULTS OF USE, PERFORMANCE, ACCURACY, COMPLETENESS, CURRENTNESS AND PERFORMANCE OF THE SITE; (2) WAIVE ANY CLAIM OF DETRIMENTAL RELIANCE UPON THE SITE; AND (3) WAIVE ANY CLAIM BASED UPON THE ACCURACY, COMPLETENESS AND CURRENTNESS OF THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE PARTIES SPECIFICALLY WAIVE ANY AND ALL RIGHTS UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (“UCITA”).
7. Limitation of Liability. YOUR SOLE AND EXCLUSIVE REMEDY, AND KAIA RA’S AND THE KAIA RA RELATED PARTIES’ ENTIRE LIABILITY, SHALL NOT EXCEED ONE HUNDRED US DOLLARS. IN NO EVENT SHALL KAIA RA AND/OR THE KAIA RA RELATED PARTIES HAVE ANY LIABILITY, IN CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF ANY INACCURACY OR DEFECT IN THE SITE, OR ANY PORTIONS THEREOF, OR YOUR USE OF OR INABILITY TO USE A PARTICULAR SITE PORTION OR LINK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KAIA RA OR THE KAIA RA RELATED PARTIES BE LIABLE FOR ANY SUCH DAMAGES.
8. No Third Party Beneficiaries. This Agreement is intended for the sole and exclusive benefit of KAIA RA and You and is not intended to benefit any third party. Only the parties to this Agreement may enforce it.
9. Indemnification. You hereby agree to indemnify and hold harmless Kaia Ra and the Kaia Ra Related Parties from all claims, liabilities, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to Your use of the Site and/or Your breach or alleged breach of this Agreement.
11. Linking. You may link to the Site, except through the process of framing or other distortion or obscuring of Kaia Ra’s content, branding or other intellectual property information. KAIA RA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENTS OF ITS SITE, INCLUDING CONTENTS THAT ARE REFERENCED BY OR LINKED TO THIRD PARTY SITES. KAIA RA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND FOR THE CONTENTS OF ITS SITE OR ANY THIRD PARTY SITES.
13.2 Injunctive Relief. You agree that legal remedies alone provide inadequate protection of the Site and its contents, and the intellectual property rights embodied therein, and that in addition to other relief, Kaia Ra and/or the Kaia Ra Related Parties may seek temporary or permanent injunctions to enforce their rights, and You hereby waive the requirement of any bond.
13.3 Changes. MM reserves the right to modify the provisions of this Agreement by posting a revised version of this Agreement on the Site with a prominent indicator showing that the Agreement has been changed. Any modified Agreement shall be effective from the date such Agreement is posted and Your continued use of the Site after that date constitutes acceptance of the modified Agreement.
13.4 Severability. Any provision hereof found by a tribunal of competent jurisdiction to be illegal or unenforceable shall be automatically conformed to the minimum requirements of law and all other provisions shall remain in full force and effect. Waiver of any provision hereof in one instance shall not preclude enforcement on future occasions. Headings and subheadings are for purposes of reference and convenience and have no substantive effect.
13.5 Entire Agreement. This Agreement: (1) constitutes the complete and exclusive agreement among the parties with respect to use of the Site, or any portion thereof; and (2) supersedes all other communications, representations, statements and understandings, whether oral or written, among the parties concerning its subject matter.
Other Applicable Privacy Policies The Company uses:
General Account Information As is true of most other websites, we collect certain information automatically and stores it in log files. The information may include internet protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type, operating system and other usage information about the use of our website, including a history of the pages you view. We use this information to help us design our site to better suit our users’ needs. We may also use your IP address to help diagnose problems with our server and to administer our website, analyze trends, track visitor movements, and gather broad demographic information that assists us in identifying visitor preferences.
In addition, when you communicate with us through the site’s contact form, we require that you share your name and email. You can also communicate with the Company through email. You are solely responsible for whatever personal information you share with the Company through the contact form or any other medium, and we will use the information only for lawful purposes, like internal marketing, performance of our contractual obligations, legitimate commercial interests, and compliance with our legal obligations.
When and How we Share Information with Others Information about your purchases of Kaia Ra products and services are maintained in association with your membership or profile account. The personal information that the Company collects from you is stored in one or more databases hosted by third parties. These third parties do not use or have access to your personal information for any purpose other than cloud storage and retrieval. On occasion, we engage third parties to mail products or written materials that you may have purchased.
Purchases and Billing Information Kaia Ra has partnered with various ecommerce and other fulfillment platforms, as more fully set forth above in the Other Applicable Privacy Policies section, to enable You to safely and securely make payments for products and services purchased through this Site. When you pay for a service, these e-commerce platforms require that you provide them with personally identifiable information (PII), which may include your name, email address, phone number, and mailing address. Where we receive this information, we may use it for lawful purposes, such as performance of our contractual obligations, legitimate commercial interests (e.g. marketing), and compliance with our legal obligations. We never directly receive or handle any of your credit card information, and we do not share your PII with any third parties.
Sharing or Disclosing Information Information about our customers is an important part of our business. We do not otherwise reveal your personal data to non-Company persons or businesses for their independent use unless: (1) you request or authorize it; (2) it’s in connection with Kaia Ra-hosted and co-sponsored conferences; (3) the information is provided to comply with the law (for example, to comply with a search warrant, subpoena, or court order), enforce an agreement we have with you, or to protect our rights, property or safety, or the rights, property or safety of our employees or others; (4) the information is provided to our agents, vendors or service providers who perform functions on our behalf; (5) to address emergencies or acts of God; or (6) to address disputes, claims, or to persons demonstrating legal authority to act on your behalf. We may also gather aggregated data about our members and Site visitors and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers, and/or other third parties for marketing or promotional purposes.
Security of your Information To help protect the privacy of data and personally identifiable information you transmit through use of this Site, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
Data Storage and Retention Your personal data is stored by the Company on its servers, and on the servers of the cloud-based database management services that the Company engages. Your data is retained for the duration of your business relationship with Kaia Ra, and for a period of time thereafter to allow you to recover accounts if you decide to renew, to analyze the data for the Company’s own operations, and for historical and archiving purposes. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact email@example.com.
Your California Privacy Rights California law permits our customers who are California residents to request certain information regarding our disclosure of PII to third parties for their direct marketing purposes. We do not disclose personally identifiable information to third parties for their direct marketing purposes.
Children The Company does not knowingly solicit any personally identifiable information from children under the age of 13. In addition, we do not knowingly obtain, retain or use information from anyone who indicates that he or she is under the age of 13.