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Terms Of Use

Terms of use

Welcome to KitarcDB! When using KitaroDB’s Web site and services (the “Services”), you agree to the terms and conditions contained in this document (“Terms of Service”). We may revise the Terms of Service from time to time, at our sole discretion and without notice to you, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS WEB SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

User Obligations. You agree not to do any of the following while using the Services:

  • Intentionally or unintentionally violate any applicable law or regulation.
  • Post or transmit any Content that you do not have the right to post or transmit under any law, contractual duty, or fiduciary relationship.
  • Post or transmit any Content that infringes a third party’s trademark, patent, trade secret, copyright, Access, tamper with or use non-public areas of the Web site, KitaroDB’s computer systems, or the technical delivery systems of our licensors. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution.
  • Frame or link to the Web site except as permitted in writing by KitaroDB.
  • Impersonate or misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder.

Third Party Content and Monitoring. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information or service providers and users, are those of the respective author(s) or distributor(s) and not of KitaroDB. KitaroDB neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Web site by anyone other than authorized KitaroDB employees acting in their official capacities. You understand and acknowledge that KitaroDB does not monitor user-contributed content for accuracy or reliability.

Links. The Web site may contain links to other Web sites or resources. You acknowledge and agree that KitaroDB is not responsible or liable for (i) the
availability or accuracy of such Web sites or resources; or (ii) the content, advertising, or products on or available from such Web sites or resources. The inclusion of any link on the Web site does not imply that we endorse the linked site.

Computer Software. Any computer software applications available through the Services are licensed subject to the terms and conditions of license agreements with KitaroDB. Except as expressly permitted in such license agreements, you may not reproduce, record, publish, publicly exhibit or distribute any software made available on the KitaroDB Web site without KitaroDB’s express written consent. KitaroDB and its suppliers and licensors retain title to any such software made available as part of the Services and you may only be granted a non-exclusive license to use such software in accordance with a license agreement with KitaroDB. KitaroDB and its suppliers and licensors reserve all other intellectual property rights in and relating to such software.

Protection of Content Provided by Synergex and Its Licensors. The Web site contains trademarks and other material furnished by KitaroDB, its licensors, and others. You should assume that everything you see or read on the Web site or through the Services, which was not furnished by or received by you (such as sound clips, photographs, illustrations, text and other materials) (“Site Content”) is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without the prior written consent of KitaroDB or the rights holder. You may not use the Site Content on any other Web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the Web site.

Notices. KitaroDB will give you any necessary notices by posting them on the Web site. You authorize KitaroDB to send notices via electronic mail as well if KitaroDB decides, in its sole discretion, to do so. You agree to check the Web site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Web site.

The Site is Available “AS-IS.” Without limiting the foregoing, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KitaroDB DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH KitaroDB’S SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES; ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KitaroDB OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnification. You agree to defend, indemnify, and hold harmless KitaroDB, its officers, directors, employees, consultants, agents, co-branders or other partners, from and against any claims, actions, liability, damages and/or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services; your connection to the Services; your violation of the rights of others, these Terms of Service or any intellectual property or other right of any person or entity; and any intellectual property infringement by any other user of your account. These Terms of Service will inure to the benefit of KitaroDB’s successors, assigns and licensors.

Limitation of Liability. NEITHER KitaroDB NOR ANY OTHER party involved in creating, producing, or delivering the SERVICES shall be liable for any loss of profits, loss or inaccuracy of data, or incidental, SPECIAL, consequential, PUNITIVE or indirect damages resulting from your access to, or use of, or inability to use the Web site and/or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, and whether or not we know of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.

General Provisions. You are responsible for compliance with applicable local laws, keeping in mind that access to the Services may not be legal by certain persons or in certain countries. If any part of these Terms of Service is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. These Terms of Service are personal to you and you may not transfer, assign or delegate these Terms of Service to anyone without the express written permission of KitaroDB. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of KitaroDB shall be null and void. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. These Terms of Service constitute the entire agreement between you and KitaroDB with respect to the use of the Services and supersede and replace all prior or contemporaneous agreements, written or oral, between the parties regarding such subject matter. The law of California, U.S.A., without regard to its conflicts of law provisions, will govern these Terms of Service.

The exclusive venue for any action brought under or arising out of these Terms of Service shall be the state or federal courts located in Sacramento, California. Any waiver of any provisions of these Terms of Service will be effective only if in writing signed by KitaroDB.