ACCEPTANCE OF TERMS
Date of Last Revision: July 20, 2017
Modifications to these Terms
Kimbia reserves the right to change these Terms from time to time at its sole discretion and without notice to you. Such changes are effective immediately upon the earliest of (a) our posting the updated Terms on this website as indicated by the “Date of Last Revision” date at the top of these Terms, or (b) your continued use of this website after we post the updated Terms on this website. We may add additional services or make changes to existing services on this website. In the event that we make such changes, these Terms will apply to the new services and to any changes to existing services.
To use certain parts of this website, you may be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. You agree to provide accurate and complete information about you as may be prompted by a registration form on this website.
Access to and use of password-protected and/or secure areas of this website is restricted to authorized users only. You may not use anyone else’s Kimbia ID, password, or account at any time without the express permission and consent of the holder of that Kimbia ID, password, or account. Kimbia cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. You accept all risks of unauthorized access to information and registration data.
Use of Website
Unless otherwise specified, you will be provided with access to a variety of resources, including product information, download areas, communication forums, etc. You may not modify, transmit, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from such services and this website.
No Unlawful or Prohibited Use
While using this website, you may NOT do the following:
- Restrict or inhibit any other user from using and enjoying this website
- Post or transmit any unlawful, fraudulent, libelous, defamatory, racist, sexist, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind
- Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law, including without limitation U.S. export control laws and regulations
- Use the “Kimbia” name, domain names, trademarks, logos, or insignia in your user or screen name, or in any other manner, that would imply that you work with or are affiliated with Kimbia
- Pretend that you are, or that you represent, someone else or impersonate any other person or entity
- Invade the privacy or violate any personal or proprietary right of any person or entity
- Post or transmit any advertisements, solicitations, chain letters, pyramid or Ponzi schemes, investment opportunities or schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Kimbia), or engage in spamming, phishing, or denial of service attacks
- Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through this website for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
- Use this website to generate traffic for other sites (except as otherwise expressly permitted by Kimbia)
- Infringe the intellectual property rights or similar rights, including but not limited to copyrights, trademarks, and patents, of any person or entity
- Upload, post, publish, transmit, reproduce, or distribute in any way information, software, or other material obtained through this website, which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder
- Upload, post, publish, reproduce, transmit, or distribute in any way any component of this website itself or derivative works with respect thereto without Kimbia’s prior written consent, as this website is protected under U.S. and international copyright laws
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this website or Kimbia’s systems or networks, or any systems or networks connected to this website or to Kimbia
- Forge headers (headings) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kimbia on or through this website or any service offered on or through this website
- Use any robot, spider, scraper, or other automated means to access this website or services for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines
- Post or transmit any information or software that contains a virus, Trojan horse, worm, adware, spyware, bot, or other harmful software or other component
Intellectual Property Rights
ALL CONTENT ON THIS WEBSITE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER APPLICABLE LAWS. All materials on this website including any text, graphics, artwork, photographs, software code, user or visual interfaces, trademarks, logos, brands, designs, service marks, trade dress, slogans and other designations Kimbia uses in connection with its products and services (“Content”) are the sole property of Kimbia or designated third parties, and are protected by U.S. and international copyright, patent, trade dress and trademark laws, and various other intellectual property rights and unfair competition laws. You may not remove or alter any Kimbia trademarks, or co-brand your own products or materials with Kimbia trademarks, without Kimbia’s prior written consent.
None of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Kimbia and/or the appropriate owner. Also, you may not “mirror” any Content contained on this website or any other server without Kimbia’s express prior written consent.
Compliance with Applicable Laws
User access to this website is governed by all applicable federal, state and local laws. All information available on this website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Kimbia products, services and publications are commercial in nature.
Posting of User Feedback and Materials
Certain areas of this website may allow you to post feedback and content, including your experiences, advice, recommendations, opinions, information, messages, or other material (“Your Feedback and Materials”). Please be aware that these areas may be public and not confidential. You may only post Your Feedback and Materials where you have permission to post. You may not post any content that violates these Terms or any third party rights.
Kimbia does not claim ownership of any of Your Feedback and Materials that you may post. However, by posting Your Feedback and Materials on this website, you grant Kimbia, its affiliates and partners the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works from, sublicense, and promote Your Feedback and Materials in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. Further, you agree that we may use in any manner and without limitation any of Your Feedback and Materials you provide relating to this website, Kimbia products and services, and that Kimbia will own all intellectual property that we create based upon or incorporating Your Feedback and Materials.
Links to Third Party Sites
This website may contain links to third party sites. Access to any other Internet site linked to this website is at your own risk and Kimbia is not responsible for the accuracy or reliability of any such information, data, or statements made on these sites. Kimbia provides these links merely as a convenience and the inclusion of such links does not imply that Kimbia endorses, guarantees, or accepts any responsibility for the content, products or services on such a third party sites.
Software License Agreement
Any software which you download from this website is governed by (a) the license terms accompanying the file; (b) if no license terms accompany the file, the terms of the license agreement which accompanied the original product licensed by you which you are updating; or (c) the license terms set forth in a separately executed End User License Agreement or other executed written agreement with Kimbia.
Kimbia makes no warranty that: (a) this website will be free from errors or interruptions; (b) the results obtained from use of this website will be accurate or reliable; or (c) the quality of the services, content information, or other materials obtained from this website will meet your expectations or requirements. TO THE FULL EXTENT PERMITTED BY LAW, THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, POSTINGS, OPINIONS OR SERVICES ON THIS WEBSITE OR LINKED FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND KIMBIA AND ITS SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, AND PARTNERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THIS WEBSITE. Some jurisdictions may not allow these limitations, so the above limitations may not apply in your jurisdiction.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, KIMBIA IS NOT LIABLE FOR ANY DIRECT DAMAGES OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE OR INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR THE INABILITY TO USE THIS WEBSITE, EVEN IF KIMBIA HAS BEEN ADVISED OF, OR COULD HAVE REASONABLY FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THIS WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THIS WEBSITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE. Some jurisdictions may not allow these limitations, so the above limitations may not apply in your jurisdiction.
You will indemnify, defend, and hold harmless Kimbia, its affiliates, and their respective officers, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including reasonable attorneys’ fees, made by any third party due to or arising out of your acts or omissions that arise from your wrongful use of this website or violation of these Terms. Kimbia reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defense of any claim. The foregoing indemnification provision will not apply to the extent that any claims, demands, damages, costs, or liabilities, are solely caused by Kimbia’s own negligence, fraud, willful injury or willful violation of law.
You agree that Kimbia may, in its sole discretion and without prior notice, terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms or other agreements or guidelines that may be associated with your use of this website, or for other reasons that may include but are not limited to (a) requests by law enforcement or other government agencies, (b) a request by you to remove your account, (c) discontinuance or material modification of this website or any service offered on or through this website, or (d) unexpected technical issues or problems.
In the event this agreement is terminated, the restrictions regarding Content or materials appearing on this website, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with this website or any services that may be provided by Kimbia, your sole remedy is to terminate your use of this website.
Kimbia reserves the right to seek any and all remedies available by law and in equity for your violations of these Terms. If Kimbia takes any legal action against you as a result of your violation of these Terms, Kimbia will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any injunctive or equitable relief granted to Kimbia. You agree that Kimbia will not be liable to you or to any third party for termination of your access to this website.
These Terms constitute the entire agreement between you and Kimbia relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms, or waiver of any provision of these Terms, will be binding, unless in writing and signed by an authorized officer of Kimbia, except as otherwise provided herein. You may not assign or otherwise transfer the Terms or any right granted hereunder. Kimbia may assign these Terms at any time to any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of Kimbia to another entity. You may be subject to additional terms and conditions that may apply when you purchase or use Kimbia products or services or third party products or services.
These Terms will be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the appropriate federal or state courts in Austin, Texas, U.S.A., or any other such court of competent jurisdiction selected by Kimbia, in our sole discretion, regarding any and all disputes relating to these Terms or your use of this website.
The failure of Kimbia to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by you of any of the provisions of these Terms, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the validity of Kimbia to enforce each and every such provision thereafter. The express waiver by Kimbia of any provision of these Terms will not constitute a waiver of any future obligation to comply with such provision. If any provision of these Terms is illegal, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms, will be enforced to the fullest extent allowed by law as to effect the intention of the parties, and will not affect the validity and enforceability of any remaining provisions.