Before
you apply for your free kairaly Link Exchange membership, please read this Terms
and Conditions of Use Agreement ("Agreement"). This Agreement between
you and kairaly Link Exchange governs your use of this web site. By continuing
to access and/or use our site, you hereby agree to be bound by the terms of
this Agreement. The terms of this Agreement may change from time to time. If
you continue to access our Site at any time after such a change in terms of the
Agreement is posted then you are deemed to have accepted and agreed to all of
the terms and conditions contained in the change in terms and the revised
Agreement. kairaly Link Exchange reserves the right to reject membership
applications that are incomplete or otherwise not in compliance with this
Agreement. kairaly Link Exchange does not accept member sites that contain
pornography, illegal activity, obscene, racist or other offensive material
and/or link to such sites
Ownership and License
The kairaly Link Exchange trademarks, information, database, reports,
software, and entire web site contents are the property of kairaly Link
Exchange. We grant you a personal, non-exclusive, non-transferable license to
access our web site and the information contained here. The information
contained in this site may not be distributed, modified, reproduced or
transmitted in whole or in part without our written permission, except you may
make a limited number of copies of the site for your own personal,
noncommercial use. Our site may contain software tools or databases that allow
you to search and retrieve information. You may not sell, distribute or commercially
exploit the database, or the results of any database search performed on this
site. You may make a very limited number of hard copies of any search output
that does not contain a significant segment of a database, for your personal
use only. You may not sell, rent, lease, lend, transfer, any services provided
on this site and you may not assign or sublicense this license.
You may place the HTML code for the Services you have registered onto the Home
Page of the URL for which you've registered only. You may not make any other
use of the code, or copy or modify the code in any way. Violation of copyright
interests can result in both civil and criminal penalties.
Disclaimer of Warranties
The services, information, materials and functions contained at our web site
are provided on an "as is" basis without warranties of any kind
express or implied. We attempt to provide excellent service, but we expressly
disclaim any warranty for our services or the adequacy, accuracy or
completeness of the information or services included at our site, or that the
services will be uninterrupted or error-free. We expressly disclaim any
liability for any errors in or omissions from services, information or
materials. THESE SERVICES AND INFORMATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE
OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT
OF USE OR PERFORMANCE OF THESE SERVICES REMAINS WITH YOU.
Disclaimer of Liability
Use of our Services is at your own risk and we shall not be liable for any harm
to you or others resulting from such use. In regard to vendors and information
providers, we do not investigate, endorse or otherwise recommend or approve of
any product or information located on or available through our site. To the
maximum extent permitted by law, in no event shall we or our suppliers or
agents be liable for any special, incidental, indirect, consequential damages,
or punitive damages whatsoever including, without limitation, loss of revenue;
business interruption; loss of business information; or any other pecuniary
loss; loss of technology; loss of rights or services; loss of data;
interruption or loss of use of any equipment; invasion of privacy; arising out
of the use of or inability to use the Services, even if we have been advised of
the possibility of such damages, whether under theory of contract, tort
(including negligence), strict liability or otherwise.
We do not own or control other networks, other sites or hyperlinked sites
outside of our own web site. These include the outside vendors that are access
through our site. We are not responsible or liable for performance (or
non-performance) within such networks or within interconnection points between
our Services and other networks and/or sites that are operated by third
parties. We also make no representation regarding your ability to transmit and
receive information from or through our web site and you agree and acknowledge
that at times your ability to access our web site may be impaired or disrupted.
Although we will use commercially reasonable efforts to take any action we deem
appropriate to remedy and avoid such events, we cannot guarantee they will not
occur, and accordingly we disclaim any and all liability resulting from or
related to such events. kairaly Link Exchange is not responsible for any
damage or loss of information that might be caused through your use of the kairaly
Link Exchange Services.
Acceptable Use
You may use our Services for lawful purposes only. You may not use our Services
to post, transmit or otherwise distribute unlawful material. Examples of
unlawful material include but are not limited to threats of physical harm,
defamatory statements, pornographic material, and copyrighted, trademarked and
other proprietary material used without proper authorization. You may not
attempt to use or distribute tools designed for compromising security or take
any action to compromise the security of this site. Examples of these tools
include but are not limited to password guessing programs, cracking tools or
network probing tools. You may not "flood" or disrupt our web site
through any means or process. You are responsible for all use of our Services
and our web site, with or without your consent, by yourself and others, which
occurs by, through or in connection with access to our web site via your
computer or your password.
Indemnity
You agree to defend us from and against any and all claims, actions or demands
brought by or against us alleging: (a) with respect to you: (i) infringement or misappropriation of any intellectual
property rights; (ii) defamation, libel, slander, obscenity, pornography, or
violation of the rights of privacy or publicity; or (iii) spamming, or any
other offensive, harassing or illegal conduct or violation of this Agreement;
(b) any damage or destruction to our web site or to us, or to another person or
party which damage is caused by or otherwise results from your acts or
omissions. You agree to indemnify us from and against all damages, costs, and
fees awarded in favor of third parties, and you will indemnify and hold us
harmless against any and all claims, demands, liabilities, losses, damages,
expenses and costs (including reasonable attorneys fees) (collectively,
"Losses") suffered by us which Losses result from or arise out of the
above claims.
Action on Complaints
We reserve the right to investigate suspected violations of this Agreement. If
we become aware of possible violations, we may initiate an investigation that
may include gathering information from you or any user involved and the
complaining party, if any, and examination of other material. We may suspend
the provision of our Services, temporarily or permanently remove the material involved
from our servers, cancel posts, provide warnings to you, or suspend or
terminate your access to our Services. We will determine what action will be
taken in response to a violation on a case-by-case basis, at our sole
discretion. We will fully cooperate with law enforcement authorities in investigating
suspected lawbreakers.
Confidential Information
The information that kairaly Link Exchange provides to its members is
confidential and proprietary in nature. As a kairaly Link Exchange member, you
acknowledge that you are not a competitor of any kind to the kairaly Link
Exchange network or Services, and will not share this information with any
person or company, except those who are employees of kairaly Link Exchange or members
of the kairaly Link Exchange network.
Jurisdiction
We operate and control our web site from our location in Kerala, India. We make no representation that any
information, materials or functions included at or through our web site are
appropriate for use in any other jurisdiction. If you choose to access our web
site from locations other than Kerala, you do so on your own initiative and are
responsible for compliance with applicable laws and regulations.
Governing Law
The laws of Kerala govern this Agreement, and shall govern any dispute relating
to this Agreement.
Severability
In the event any provision of this Agreement is held unenforceable, it will not
affect the validity or enforceability of the remaining provisions and will be
replaced by an enforceable provision that comes the
closest to the intention underlying the unenforceable provision.
Force Majeure
We are not liable for any failure or delay in our performance due to any cause
beyond our reasonable control, including the act or war, acts of God,
earthquake, flood, embargo, riot, sabotage, labor shortage or dispute,
governmental act or failure of the Internet.
Assignment
We may assign our rights and delegate our duties under this Agreement either in
whole or in part at any time, in our sole discretion, and without your consent.
Relationship
This Agreement does not establish any relationship of partnership, joint
venture, employment, franchise or agency between you and us.
Copyright
Violations
Copyright violations should be reported to legal@kairaly.net
Thank you for taking the time to review this Agreement. We look forward to your
Membership and extending our Services to you.