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Terms of use

Welcome to the kitegirlapps.com web site. Use of the Web Site, information, services, and content distributed through or in conjunction with the Web Site (collectively, the “Services”) are offered to you subject to your acceptance of these Terms of Use, the kitegirlapps.com (KitegirlApps) Privacy Policy, and any other notices or amendments posted through the Services.

 

By accessing and using the Services, or any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms of Use, KitegirlApps’s Privacy Policy, and other notices posted through the Services. You further warrant and covenant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use KitegirlApps’s content, or Services.

 

BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

 

KitegirlApps shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time (“Changes”). You will be notified of any Changes through a posting on the Web Site, a notification in the Services, or via e-mail. Any Changes shall be effective THIRTY (30) days following the posting of such Changes (the “New Effective Date”). The most recent version of these Terms of Use may always be found at http://kitegirlapps.com/career/?page_id=109  You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services immediately and notify KitegirlApps via e-mail at: admin “at” kitegirlapps.com. These Terms of Use were last modified on 5 May 2010.

 

Purpose of the Web Site and Services

The Web Site and Services are services made available by KitegirlApps. The information and/or content available in or on, or accessed or downloaded through or from, the Services (“Information And Content”) are made available solely as a convenience to you for general informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Services and all Information And Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

 

No Representation Regarding Content

KitegirlApps has used commercially reasonable efforts to obtain the most accurate and timely information available, all of which are subject to change. Due to various factors, including the inherent possibility of human and mechanical error, KitegirlApps does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of any of the Information And Content. You agree that all risk associated with the use of, or reliance on, any of the Information And Content contained in the Services rests with you. You further agree that KitegirlApps shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information And Content.

 

Limited License & Permitted Uses

You are granted a non-transferable, non-exclusive, revocable license to:

access and use the Services strictly in accordance with these Terms of Use;

use the Services solely for internal, personal, non-commercial purposes, and;

display, download, archive or print a single copy of any discrete Information And Content, or any information and/or content otherwise distributed by or from KitegirlApps, solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the Information and Content in any way, maintain all copyright and other notices contained therein, and you comply with the User Conduct and Obligations set forth herein (collectively, the “Permitted Uses”).

Except for the Permitted Uses contained in this limited license, nothing in these Terms of Use grants, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Services, and their Information and Content belong to KitegirlApps and/or its licensors, as applicable.

 

User Conduct and Obligations

Your license to access and use the Services is subject to the following restrictions and prohibitions on use (“User Conduct and Obligations”). You agree that you shall not:

upload, post, transmit, share or otherwise make available through, or to, the Services any content that:

is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;

might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

might violate any local, federal, or international law, or any rules of any securities exchange, either intentionally or unintentionally, or;

contains any viruses, trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services or any Information And Content retrieved therefrom;

disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;

provide false information about yourself to KitegirlApps, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;

upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, bulk e-mail, or duplicative messages;

use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields, including without limitation any financial and/or currency data or e-mail addresses;

use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;

provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by KitegirlApps;

redistribute any Information And Content in any manner whatsoever including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;

use any Information And Content for any purpose competitive with KitegirlApps’s businesses which include, without limitation, present, archive, cache, frame, scrape, or mirror any Information And Content from from any part of the Services within another web site, except with express written permission from KitegirlApps;

remove, obscure, or alter any notice of KitegirlApps’s intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices,

copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture, except as permitted by mandatory rules of applicable law that cannot be disapplied by contract;

remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which data is provided by KitegirlApps or otherwise circumvent the Services’ regular interfaces to such data; and

embed or import any data provided in, on or through the Services into any information services (whether or not web-based), data files, or application software except as specifically permitted in writing by KitegirlApps.

The foregoing prohibitions expressly include, but are not limited to, the practice of “screen scraping”, or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by KitegirlApps.

 

Remedies for Violations

KitegirlApps reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from a particular IP address to the Services and their features.

 

License of Your Content to KitegirlApps

By uploading, posting, transmitting, sharing, or otherwise making available to the Services any content, or submitting any materials for use on the Services, you grant (or warrant that the owner of such rights has expressly granted) KitegirlApps or its designee, a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world, in any manner otherwise than as stated in KitegirlApps’s Privacy Policy.

 

DISCLAIMER

THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KitegirlApps, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. KitegirlApps DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:

ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;

ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;

THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF;

YOUR USE OF THE SERVICES;

PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE SERVICES, OR;

YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. KitegirlApps DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL KitegirlApps BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. KitegirlApps SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:

THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;

YOUR PARTICIPATION OR RELIANCE ON INFORMATION AND CONTENT POSTED ON MESSAGE BOARDS OR E-MAIL FORUMS, OR;

ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, KitegirlApps’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $1.00.

 

Service Modifications

You acknowledge and agree that KitegirlApps reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that KitegirlApps will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

 

Privacy and Personal Information

Your use of the Services may require you to provide information about yourself. You acknowledge that you have read and agree to all of the terms and conditions of KitegirlApps’s Privacy Policy, which is located at: http://kitegirlapps.com/career/?page_id=111  and that you agree to the incorporation of the Privacy Policy into these Terms of Use.

 

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, KitegirlApps does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with KitegirlApps containing your personal information. While KitegirlApps shall take commercially reasonable efforts to safeguard the privacy of the information you provide to KitegirlApps and shall treat such information in accordance with KitegirlApps’s Privacy Policy, in no event will the information you provide to KitegirlApps be deemed to be confidential, create any fiduciary obligations to you on KitegirlApps’s part, or result in any liability to you on KitegirlApps’s part in the event that such information is inadvertently released by KitegirlApps or accessed by third parties without KitegirlApps’s consent.

 

Proprietary Rights

“KitegirlApps”, Kitegirlapps.Com, the KitegirlApps logo, and other identifying marks of KitegirlApps are and shall remain the trade-marks and trade names and exclusive property of Annabelle Drumm, and any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, complied binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of KitegirlApps and is protected by international copyright law. The Information And Content may be used by you only for your personal, non-commercial use as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by KitegirlApps.

 

Indemnification by User

You agree to indemnify, defend, and hold KitegirlApps and KitegirlApps’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, or content you post or share on or through the Services, or breach of these Terms of Use. KitegirlApps reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

 

Third Party Web Sites, Content and Products and Services

You acknowledge and agree that your correspondence and business dealings with any third parties, including any merchants or advertisers, found on or accessed through the Services, including payment for and delivery of any related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between you and such third parties. You understand and acknowledge that some of the services accessible through the Services are provided by third parties and may make use of the KitegirlApps name, logo and/or other identifying marks of KitegirlApps, and that in certain instances, KitegirlApps may receive referral fees and/or other compensation from third parties on a per use or other basis based on your purchase or use of third party goods or services found on or accessed through the Services. YOU ACKNOWLEDGE THAT IN SUCH DEALINGS WITH THIRD PARTIES, KitegirlApps IS NOT THE SELLER OR PROVIDER AND YOUR AGREEMENT OF PURCHASE OR FOR SERVICES WITH SUCH THIRD PARTY IS SOLELY BETWEEN YOU AND THE THIRD PARTY, AND NOT KitegirlApps. KitegirlApps ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR LIABILITIES YOU, OR ANY USER OF YOUR ACCOUNT, INCURS WHEN MAKING PURCHASES, DEALING WITH OR COMPLETING TRANSACTIONS WITH SUCH THIRD PARTIES. By accessing third party services through the Services, you hereby authorize such third party service providers to provide KitegirlApps with personal information regarding your use of and your activities with respect to the purchase and use of third party services and/or goods.

Hypertext links or pointers to third party web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by KitegirlApps of:

the organizations that operate such web sites;

the information, content, privacy policies or other terms of use on such web sites, or;

such third party products and services.

As KitegirlApps has no control or responsibility over, and does not investigate, monitor, or check for accuracy third party web sites or information and/or content maintained by other organizations, or for products and services offered by third parties, and KitegirlApps does not assume any liability for your use of any of the foregoing. If you decide to exit the Services and access third party web sites, you acknowledge and agree that you do so at your own risk and you should be aware that these Terms of Use no longer govern.

Unlawful Activity

KitegirlApps reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action KitegirlApps deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

 

General

These Terms of Use incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Privacy Policy and, except for any agreements with KitegirlApps that expressly reference these Terms of Use (i.e. the End User Licensing Agreement), constitute the entire agreement between you and KitegirlApps with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and KitegirlApps relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and KitegirlApps.

If any provision of these Terms of Use is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. KitegirlApps’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use. You agree that these Terms of Use, KitegirlApps’s Privacy Policy and other notices posted through the Services have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia applicable therein, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by this agreement, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of New South Wales, Australia.

 

Force Majeure

In addition to applicable disclaimers stated above, KitegirlApps’s performance under these Terms of Use shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

Contact

If you have any questions or concerns about the Web Site, Services, or these Terms of Use, please feel free to contact us at kg-admin “at” kitegirlapps.com