(revised June 04, 2014)
Please read these Terms of Service / User Agreement ("Agreement", "Terms of Service") carefully before using http://kigua.com ("the Website") operated by kigua ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the website at http://kigua.
By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Becoming a member
To access some services and to contribute business listing information on kigua, you must first create an account and become a member. While membership grants certain privileges, it also carries with it many responsibilities.
You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamatory material, illegal activity, and infringement of other people’s intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.
While some parts of our Website are open to all, membership is available only to persons aged 13 years and over. Under no circumstances may persons under the age of 13 register for an account, and kigua explicitly does not solicit or accept personally identifying information from persons under the age of 13.
By uploading or otherwise posting any information or content on kigua, you represent and warrant: (i) you own or otherwise have all necessary rights, including but not limited to copyrights, to the content you provide and the rights to use it in this medium as provided in this Terms of Service; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms of Service; and, (iii) the content will not defame, cause injury to, or harass, any person or entity.
You retain your ownership rights to information and material you post; however, by posting or uploading content such as text, images, audio and video works, you grant kigua and its related companies and licensees a world-wide, royalty-free, perpetual license to reproduce your content in any other media now known or later developed, and to use your publicly disclosed identity and related information for online and offline purposes, including commercial uses.
kigua may remove content at any time for any reason or no reason and is in no way responsible for storage or continued availability of content. kigua is not required, and will not endeavor, to pre-screen or review content that is posted by users. kigua, however, reserves the right to do so in the future at its sole discretion. All information you post is public.
Notice of Copyright Infringement
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via kigua, please notify us by sending an email to kigua. You should only send a written notice if you believe that your work, which you own a copyright in, has been used or copied in a manner that infringes your intellectual property rights and such infringement has occurred on kigua.
Conduct and Use
You agree not to post, email, or otherwise make available content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harms minors in any way;
that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that purports to be from any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
that includes personal or identifying information about another person without that person's explicit consent.
that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or "pyramid schemes.”
that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or (2) emailed to kigua users who have requested not to be contacted about other services, products or commercial interests.
that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
Additionally, you agree not to:
contact anyone who has asked not to be contacted;
"stalk" or otherwise harass anyone;
collect personal data about other users for commercial or unlawful purposes;
use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to http://kigua.com;
post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to kigua computer systems or any other user's computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, kigua .
The Website and its original content, features and functionality are owned by kigua and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Termination of Access
We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Websites
kigua AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitations on Our Liability
UNDER NO CIRCUMSTANCES SHALL kigua, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF kigua OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED TEN DOLLARS.
kigua is controlled, operated and administered from its offices within the United States. kigua makes no representation that materials or Content available through kigua are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. If you access kigua from a location outside the United States, you are responsible for compliance with all local laws of your jurisdiction that may apply. In addition, if you post information on kigua or create an account and provide personal information, you acknowledge that you are, and are responsible for, exporting your information to the United States.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the Laws of Delaware, United States, without giving effect to any principles of conflicts of law.
Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Service
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website or discontinue any use of the Website immediately.