Site Terms of Use

Effective Date: August 17, 2018

Scope and Acceptance of Terms
Welcome to projectkaif.com (“Site”). The Site is owned and operated by Kaif LLC dba Project Kaif (“Kaif,” “we,” or “us”) and is provided to you subject to the following terms of use (“Site Terms” or “Terms”). Please read these Terms carefully before obtaining any content, products or services through our Site. By visiting our Site, you agree to follow and be bound by these Terms and the terms of our privacy policy, which can be found here: https://www.projectkaif.com/privacy-policy. Any other policies on the Site will also govern your visit to the Site. You also agree to use our Site in compliance with all applicable laws, rules and regulations.

Minors
This Site is not directed to children under 18 (“Minors”), and it does not offer products or services for use by Minors. Minors are specifically prohibited from using the Site and obtaining any products or services available on the Site. By visiting the Site, you represent that you are not a Minor and that you have the legal authority to enter into contracts.

Communications
By visiting our Site, you agree that we may communicate with you electronically, including by email or through notices posted on our Site. In connection with your visit to the Site, we may send you notices about our service or other information. You may opt out of those communications. You also agree that any electronic communications that we provide to you satisfy any legal requirements that such communications be in writing.

Information You Supply
You represent and warrant that all information that you submit to us, including name and email address, is true, valid and accurate, and that you have the right to give us such information.

Changes to Terms of Use
We have the right to change its policies, these Terms, and the Site at any time. You are responsible for periodically checking the Terms for updates. The latest version of the Site Terms is available on the Site.

Intellectual Property
All information, text, icons, logos, images, graphics, software, the “Kaif” and “Project Kaif” trademarks, and other content that make up our Site are the property of Kaif LLC, its licensors or third party content suppliers and are protected by copyright, trademark, patent, trade secrets, unfair competition, and other U.S. and international laws. Any unauthorized use, reproduction or modification of this Site, in whole or in part, may violate such laws. Third-party content that appears on this Site is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kaif.

Use of Site and License
Unless we grant you permission in advance and in writing, you may use our Site only for your personal and non-commercial use, and you may not resell the Site (in whole or in part) or use it to provide services to a third party. You may not download (other than page caching) or modify the Site without our express written advance consent. Modification of the content on our Site or use for any other purpose is a violation of our intellectual property and other proprietary rights. Unauthorized use of our trademarks, service marks or logos may be a violation of domestic and international intellectual property and other laws. Journalists and search engines may cite or refer to our Site URL’s without limitation. In addition to the above limitations, your license to use our Site does not include using it to 1) make derivative use of the Site or its content, 2) to attempt to gain unauthorized access to the Site, account information, and computer systems or networks under the control or responsibility of Kaif LLC through hacking, cracking, password mining or any unauthorized means, 3) use any automated means to access the Service or collect any information from the Service (including without limitation, robots, spiders or scripts), 4) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; and 5) for purposes that Kaif reasonably determines to be obscene, harassing, threatening, defamatory, fraudulent, abusive or otherwise objectionable.

Jurisdiction
We make no representation that the information on our Site is suitable or available for use in all locations. Access to our Site from a territory where the content of our Site does not comply with the all laws of that territory is prohibited. Persons who choose to access our Site do so on their own accord and are responsible for compliance with applicable local laws.

Links to Our Site
We welcome third party links to our Site. Unless we agree in writing with you otherwise, you agree to comply with our linking policy as follows: (a) any link to our Site must be in plain text and clearly marked “Projectkaif.com Site,” (b) the link’s attributes may not present us Kaif, including our affiliates, in a false or negative light, or provide misleading or false information about our company, the Site or our services, (c) the link’s attributes may not create the false appearance that your organization or entity is sponsored or endorsed by, affiliated with, or associated with Kaif, (d) the content of our Site may not be replicated, framed or mirrored, (e) the copyright or other notices on this Site may not be removed or obscured, (f) none of our trademarks may be used, and (g) we reserve the right to require you to remove the links to our Site at any time and in our sole discretion.

Links to Third Party Sites
For your convenience, our Site contains links to third-party Sites that are not owned by or affiliated with us. These links do not constitute an endorsement of the linked Sites or the products and/or services offered on those Sites. We have no control over and are not responsible for the privacy practices or the content of such sites. These Sites may or may not have a privacy policy. We encourage our users to contact those sites directly about their policies and privacy practices.

Disclaimer of Warranties
ALL CONTENT AND PRODUCT (INCLUDING ANY SOFTWARE) INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THIS AGREEMENT. KAIF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (UNLESS SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION UNDER APPLICABLE LAW), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AS TO THE OPERATION OF THIS SITE OR ALL CONTENT AND PRODUCT (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. WE DO NOT WARRANT THAT ANY OF THE CONTENT MADE AVAILABLE THROUGH OUR SITE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. ALTHOUGH WE MAKE REASONABLE ATTEMPTS TO EXCLUDE VIRUSES FROM OUR SITE, WE DO NOT WARRANT THAT THE INFORMATION, PRODUCTS, SERVICES OR MATERIAL ACCESSIBLE THROUGH OUR SITE ARE FREE FROM VIRUSES, TROJAN HORSES OR OTHER HARMFUL CONTENT OR COMPONENTS.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KAIF BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OUR SITE OR FROM ANY CONTENT AND PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF KAIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO RECOVER SUCH DAMAGES. THE AGGREGATE LIABILITY OF KAIF ARISING OUT OF A CLAIM RELATED TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE AGGREGATE AMOUNT OF ANY FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE ACTION OR CLAIM. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS, DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification
You agreed to defend, hold harmless and indemnify Kaif LLC and its officers, directors, representatives, employees and agents from and against any claim, cause of action or demand, including reasonable legal and accounting fees, in any action filed or commenced by a third party against Kaif arising out of or related to (1) your breach of these Terms of Use or the documents made part of these Terms by reference, (2) your violation of any law or rights of a third party, including intellectual property rights, or (3) your use of our Site.

Violations
Kaif reserves the right to seek all remedies available at law and in equity for violation of these Site Terms, including the right to block access from a particular Internet address to our Site.

Applicable Law and Forum
These Terms are governed by the laws of the State of California, USA. All matters arising out of these Terms shall be resolved exclusively by the state and federal courts located in San Francisco, CA. For this purpose, each party consents to personal jurisdiction in such state or federal court and waives any right to dismiss or transfer such action or proceeding because of the inconvenience of the forum. Nothing in this section shall prevent enforcement in another forum of any judgment obtained in a court identified in this paragraph.

Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, the remaining portions of these Terms will remain in full force and effect. Further, if possible, such unenforceable provision will be replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the original provision.

Copyright Notices
Kaif will promptly take down materials from the Service if properly notified that the materials infringe a third party’s copyright pursuant to the Digital Millennium Copyright Act (“DMCA”). Further, Kaif may, as appropriate, cancel the accounts of repeat copyright infringers. If you have a good faith belief that your copyright or other intellectual property rights have been violated, please contact our Copyright Agent with the following information:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property right;
  2. a description of the copyrighted work or other intellectual property that you believe has been infringed;
  3. a description of the allegedly infringing material together with enough information for us to locate the material;
  4. a statement that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent or the law; and
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

You may submit this information or any questions related to intellectual property to Kaif’s Copyright Agent by mail or email using the following contact information:

Olga Rohde
Kaif LLC dba Project Kaif
Phone: (310) 889 4545
Email: copyright@projectkaif.com