1. General and Acceptance

BY USING AND/OR VISITING THE WWW.GOKALI.COM WEBSITE AND/OR ANY SUB-WEBSITE OF WWW.GOKALI.COM (as defined below; collectively, including all content available through the gokali.com domain name and/or any sub-domain name such as www.mobile.gokali.com, the “Kali Website”, or “Website”), is owned, maintained and operated by Kali, a division of Part Time Website Inc. (“Kali”) and by USING ANY OF THE SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Use” or “Agreement”) AND THE TERMS AND CONDITIONS OF KALI’s PRIVACY POLICY, WHICH ARE PUBLISHED AT https://gokali.com/pages/privacy-policy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Kali Website. For the purpose of these Terms of Use, a “Sub-website” of Kali shall be considered as any website which is part of the Kali, a division of Part Time Website Inc., service offering and which refers to these Terms of Use as the terms governing the use of such websites. This Terms of Use Agreement sets forth the legally binding terms for your use of the Kali Services and they shall apply to all users of the Kali Website, including users offering content and/or other materials or services on or through the Website. By using the Kali Services, you agree to be bound by this Agreement. You are only authorized to use the Kali Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE KALI WEBSITE AND DISCONTINUE USE OF THE KALI SERVICES IMMEDIATELY. IF YOU WISH TO BECOME A MEMBER AND MAKE USE OF THE KALI SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS. In order to participate in certain Kali Services, you may be required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the gokali.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement as an integral part hereof. gokali.com may modify this Agreement from time to time and such modification shall be effective upon posting by gokali.com on the Website. You agree to be bound to any changes to this Agreement when you use the Kali Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

2. Eligibility  

Use of and Membership in the Kali Services is void where prohibited. By using the Kali Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Kali Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age. Minors are not allowed to purchase any Memberships, Services or any Applications (as defined below). Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.

 

3. Provided Services

Subject to full compliance with the Terms of this Use Agreement, Kali shall provide certain services, as described more fully on the Website (“Services”). Services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the “Content”). Please note that part of the Services (or special features) may be provided only to Members who subscribe for such Services and Kali may charge fees for such Services. The Services are provided by Kali AS IS and Kali assumes no responsibility for any failure in providing the Services to the Members. Kali may change, suspend or discontinue any or all of the Services or any Content for any reason, at any time, including the availability of any feature or part of the Content at its sole discretion. Kali may also impose limits on all or any of the Services or restrict your access to parts or all of the Services without notice or liability. Kali may charge fees for the use of the Services or part of them and may include advertisements or other commercial content in any Kali product or image or webpage including such which have been created by members unless stated otherwise. The Member Services provided by Kali (as defined on the Website) are provided according to the provisions of this Agreement and the specific commercial provisions and policies (including Cancellation Terms, Refund Policy etc.) as detailed on the Website, and such provisions and policies as may be amended or changed from time to time, are incorporated herein by reference and shall be considered as an integral part hereof.

 

4. General Undertakings and Responsibility

You accept sole responsibility for all of your activities using the Website, including your conduct on the site and any and all content you may submit, post or share via the Website. You will not use the gokali.com services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any laws of your jurisdiction, including but not limited to copyright laws. You will not upload or transmit viruses, worms or any other destructive code.

 

5. The Kali Website

Kali’s Website may contain third party content and links to third party websites that are not owned or controlled by Kali. Kali has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their contents. In addition, Kali will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Kali from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Kali Website and to read the terms and conditions, and privacy policy of each other website that you visit.

 

6. Website Access

A. Kali hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose and/or in a manner allowed by Kali; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use.

B. In order to access some features of the Website, you will have to become a member. You may never use another person’s membership without permission. When creating your membership, you must provide accurate and complete information. You are solely responsible for the activity that occurs with your membership, and you must keep your membership information secure. You accept sole responsibility for keeping your membership information secure. You must notify Kali immediately of any breach of security or unauthorized use of your membership. Although Kali will not be liable for your losses caused by any unauthorized use of your membership, you may be liable for the losses of Kalior others due to such unauthorized use.

 

7. Third Party Content

A. Linked Third Party Content: Kali occasionally link to images, animations, videos, audio, fonts, and other content hosted on third party websites (the “Linked Content”). As a registered member, your website is saved by Kali, but this is separate from the Linked Content, and the existence of your website with Kali does not affect in any manner the ability to view or use Linked Content. If the Linked Content is no longer available or accessible to a user, then those portions of your creation that reference the Linked Content will not work. Kali may provide its member’s website the ability to embed images, animations, videos, audio, fonts, and other content owned or provided by third parties. In such case, the use of such third party content shall be subject to the compliance with the provisions of these Terms of Use and in addition, the terms of use / end user license agreement of the third party owning or providing the used content. The terms for the use of any Applications offered by Kali shall be according to the specific terms set forth in Section 10 below.

B. Third Party Content: Kali may provide on the Website (including in member’s individual websites) certain content such as pictures, fonts, graphical items which are subject to proprietary rights of third parties (“Third Party Content”). You acknowledge and agree that Kali shall have the right, at any time, at is sole and exclusive discretion to: (i) remove from the Kali Website and/or disable access to such Third Party Content; or (ii) demand that you immediately remove, at request of Kali, such postings or references about Kali using Third Party Content . If you do not obey to such instructions, and you do not remove the Third Party Content from Your Kali Content within no later than 24 hours from the time on which Kali provided you the relevant notice, KALI SHALL HAVE THE RIGHT TO DISABLE THE ACCESS TO YOUR PART TIME WEBSITE CONTENT AND/OR DELETE IT AT ITS SOLE AND EXCLUSIVE DISCRETION, WITH NO LIABILITY TO KALI, AND YOU SHALL NOT BE ENTITLED TO ANY REIMBURSEMENT OF ANY AMOUNT PAID BY YOU TO KALI. To remove any doubt it is hereby made clear that the provisions of this section above shall apply to any content provided to Members on the Website and which Kali requires its removal for any reason. You shall: (i) not take any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Members to download such Third Party Content; (ii) not make any modification, duplicate, distribute, display, sublicense, retransmit, reproduce, create derivative works from, transfer, sale or other use of any Third Party Content, except as specifically provided and allowed by Kali; and (iii) use the Third Party Content in a manner consistent with the restrictions set forth in the Website and as may be updated from time to time.

 

8. Online Sharing through Third Party Services

Kali enables you to share your website and/or Member Content (as defined below) through third party websites, blogs or email systems. When sharing your creations through third party services you shall continue to comply with all provisions of this Agreement. You are also required to comply with the terms of any of the services through which you are sharing your creation.

 

9. Third Party Services

You are fully aware of the fact that Kali shall not have any responsibility or liability with regard to any third party services used by you on or through your Kali formed web content, such as payment and e-commerce services, and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a ‘PayPal’ button), is provided only as part of the Services but shall not be deemed as to create any liability or responsibility on behalf of Kali.

 

10. Extra Services and Applications

A. General: Kali may offer its Members through the Website (including as part of templates offered by Kali and as part of the offering in the Kali Extras Services located at: www.gokali.com/Extras; the “Extras”) various applications and professional services that can be used in conjunction with or as part of the web Content offered to Members (“Extras”). Extras or Applications may be provided and operated by Kali or by third-parties not affiliated with Kali. You agree that Kali is not responsible for any Application or Extras that is offered by any source other than Kali. Additionally, some Extras may be made available to Members at no charge while the use of other Extras or certain features or abilities of Extras may require payment. The purchase and/or the use of Extras are offered only to Kali Members. Accordingly, if You are not registered as a Kali Member or if your Kali account has been suspended, you will not be able to purchase or use Extras or Applications offered on the Kali Website. Extras or Applications may be provided to Members by Kali as an integral part of a template offered on the Kali Website. In such event, the Member using such template shall be notified in a manner determined by Kali that it includes a third party Extra or Application and that the use of such template may require the purchase of such Extra or Application and/or consent to terms and conditions determined by the provider of the Extra or Application.

B. Availability of Applications: Kali shall have the right, at its sole discretion (including but not limited to an event of violation of any legal agreement, law, regulation or policy) and with no need to provide a notice, to permanently or temporarily discontinue the availability of any Extra or Application (or of any features or components thereof). You agree that in such event Kali shall have the right, in addition to the discontinuation of the offering of such Extra or Application to remotely remove such Extra or Application from Your KaliContent at its sole discretion. In such event, You shall have no claims towards Kali as result of any loses of data or other content.

C. Responsibility and Liability: You acknowledge that other than Extras or Applications offered and provided by Kali, all Applications are offered on an AS-IS basis and Kali shall have no responsibility in relation to the proper functionality and/or availability of any Extra or Application. The entity or person providing an Extra or Application shall have the sole and exclusive responsibility for availability, maintenance, bug fixing, support (including by linking from the Extra or Application) and proper functioning of the respective Extra or Application. You agree that You are solely responsible for and that Kali has no responsibility to you or to any third party for your use of the Extra Services and/or any Application, any breach of your obligations under the App Terms, and for the consequences (including loss or damage of any kind which Kali may suffer) of any such breach. It shall be noted that unless clearly provided otherwise on the Website, upgrade of your Kali content by purchasing Charged Services (as defined below) shall not include purchasing of any other services or upgrades of any Extra or Application.

D. Ownership of Rights: Kali or third parties providing Extras or Applications shall own all right, title and interest in and to the App Market and the Extras/Applications offered to Members, including without limitation all applicable Intellectual Property Rights in the Applications.

 

11. Fees and Payment

Some of the Services offered on the Website require payment of fees (“Charged Services”). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Kali reserves the right to change its prices at any time. You authorize Kali directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services. Please note that according to internal agreements, Kali, a division of Part Time Website Inc., (Part Time Website’s wholly owned subsidiary) is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Kali, a division of Part Time Website Inc. All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Kali does not receive a request by the member, through the members section under the Kali Members Account Page Website, for Charged Services termination you acknowledge and understand that Kali will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Members purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Kali expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any member. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below. IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION KALI WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH KALI AT KALI’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPAIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS KALI IN RELATION TO THE DISCONTIUATION OF THE SERVICES.

 

12. Ownership of Content

Kali does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly: (i) in respect to content (such as websites, webpages and widgets) submitted, created and/or uploaded to the Website by a Member, the owner of such content shall be considered as the Kali Member listed as the owner of the Kalimembership account under which the content has been submitted, created or uploaded to the Website; (ii) in respect to websites created for Kali’s members and which have an external URL (i.e. a domain name imported or purchased as part of a “Premium Upgrade”), Kali shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid Kali for the Charged Services shall not be considered by Kali as creating any ownership or other rights in or in relation to such website; Kali shall not provide any information and/or details regarding any content created, submitted or uploaded to the Website other than to the owners of such content as determined above.

13. Cancellation & Money Back

The Kali Charged Services are provided on a prepay basis. Kali members may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the users themselves on the Kali website and according to the instructions posted therein. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which the user has completed the cancellation process on the Kali Website. Kali will not offer refunds at this time. Our Refund Policy may be amended from time to time which will be published on the Kali Website. YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE OF EXTRAS AND APPLICATIONS) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND/OR AS PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A SERVICE PRIOR TO PURCHASING ANY CHARGED SERVICE. KALI WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.

 

14. Intellectual Property Rights

The Content on the Kali Website (as defined above), except for all Member Content (as defined below), is subject to copyright and other intellectual property rights under local and international laws conventions. To the best of its knowledge, Kali uses only Content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. Content on the Website is provided to you AS IS only and it may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required) (outside of a Kalidocument). Kali, a division of Part Time Website Inc., reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Kali Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Kali Website or any of the Content therein.

 

15. User Content

A. The Kali Website permits the submission and uploading of Content submitted by you and other members (“Members Content”) and the hosting, sharing, and/or publishing of such Member Content. You understand that whether or not such Member Content is published, Kali does not guarantee any protection with respect to such Member Content.

B. YOU UNDERSTAND THAT ALL MEMBER CONTENT IS UNDER THE SOLE RESPONSIBILITY OF THE MEMBER UPLOADING SUCH CONTENT. YOU, AND NOT KALI, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. KALI DOES NOT CONTROL THE CONTENT SUBMITTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.

C. WHILE KALI IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW THE MEMBER CONTENT, KALI RESERVES THE RIGHT TO DELETE ANY SUCH USER CONTENT THAT KALI DEEMS, IN ITS SOLE DISCRETION, RACIST, HURTING, ABUSING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON AND WITH NO NEED TO PROVIDE EXPLANATIONS.

D. Kali does not claim any intellectual property rights over the Members Content and any such Content shall be considered as granted the rights under the member selection for the copyrights in the appropriate selection in the Kali website. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Kali Website, the Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Member Content on such publicly accessible areas of the Kali Website and Service, and might also be accessible from other websites. With respect to Content you submit or make available for editing by the KaliTeam of the Kali Website, the uploading of such Content shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on such publicly accessible areas of the Kali Website and Service and might also be accessible from other websites. Such license shall be terminated only upon removal of such Member Content (either by the member or by Kali).

E. IN CONNECTION WITH MEMBER CONTENT, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT PART TIME WEBSITE AND/OR ANY OF ITS TEAM/STAFF ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) PUBLISH FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE PART TIME WEBSITE OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, OBSCENE, DEFAMATORY, LIBELOUS, THREATENING, CHILD PORNOGRAPHY, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; (IV) IMPERSONATE ANOTHER PERSON. If you become aware of misuse of the Kali Services by any person, please contact Kali by email to: contact@gokali.com. Kali does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and Kali expressly disclaims any and all liability in connection with Member Content.

F. COPYRIGHT. KALI DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS ON ITS WEBSITE, AND KALI WILL REMOVE ALL INFRINGING CONTENT IF PROPERLY NOTIFIED THAT SUCH CONTENT INFRINGES ON ANOTHER’S INTELLECTUAL PROPERTY RIGHTS. Kali respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If you believe that your work has been copied in a way that infringes your copyrights, please email us at contact@gokali.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be required. Repeat Infringer: Kali reserves the right to remove Content and Member Content without prior notice. Kali will also terminate a Member’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a Member who has been notified of infringing activity more than twice and/or has had Member Content removed from the Website more than twice. Kali also reserves the right to decide whether Content or Member Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. Kali may remove such Member Content and/or terminate a Member’s access for submitting or uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

G. You understand that when using the Kali Website, you will be exposed to Member Content from a variety of sources, and that Kali is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Content. You further understand and acknowledge that you may be exposed to Member Content that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kali with respect thereto (if any), and agree to indemnify and hold Kali, its Owners/Operators, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

 

16. Additional Prohibited Uses

In addition to all the above prohibitions, you agree that you will NOT knowingly use the Service, among other things, to:(a) harm minors in any way;(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or an entity;(c) submit, upload, post, email, transmit, or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;(e) “Spamming” to promote your website or Content, or engaging in unethical marketing, advertising, any other practice connected in any way to “spam” including, sending content or emails which do not comply with the CAN-SPAM Act of 2003;(f) submit, upload, post, email, transmit, or otherwise make available any material 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; or(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy; You agree to indemnify and hold Kali harmless from any claims resulting from the use of the Services which damages you or any other party. Kali reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for Kali benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in Kali’s sole opinion constitutes a violation of any local, state, federal, or foreign law or regulation, or these Terms of Use, Kali may immediately shut down the site, and notify you of the action. You agree to waive any cause of action or claim you may have against Kali for such action.

 

17. Security

You are responsible for maintaining the security of your membership account and content, and you are fully responsible for all activities that occur under the membership account and any other actions taken in connection with the website. You agree to immediately notify Kali in writing of any unauthorized uses of your membership account or any other breaches of security. Kali, a division of Part Time Website Inc., cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will Kali, a divisoin of Part Time Website Inc., be liable, in any way, for any acts or omissions by any Kali Member or other third party, including any damages of any kind incurred as a result of such acts or omissions.

 

18. Warranty Disclaimer & Limitation of Liability

A. YOU AGREE THAT YOUR USE OF THE KALI WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PART TIME WEBSITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. KALI MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE KALI WEBSITE OR THE CONTENT OF ANY SITES LINKED TO THE KALI WEBSITE.

B. IN NO EVENT SHALL KALI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KALI WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

C. YOU SPECIFICALLY ACKNOWLEDGE THAT KALI SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

D. KALI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE KALI WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KALI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

E. KALI DOESN’T RECOMMEND THE USE OF THE SITE FOR HOSTING OF PERSONAL CONTENT AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT.

F. KALI MAKES NO REPRESENTATIONS THAT THE KALI WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE KALI WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

19. Indemnity

You agree to defend, indemnify and hold harmless Kali, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Kali Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Member Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Kali Website.

20. Events Beyond Control

Under no circumstances shall Kali, a division of Part Time Website Inc., be held liable for any delay or failure in this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of Kali, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

 

21. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Part Time Website Inc. without restriction or limitations.

 

22. General

YOU AND KALI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE KALI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. By registering to the Kali Website and providing your email address, you expressly agree to receive promotional content from Kali, by mail or email, from time to time. If you provide Kali with your phone number (at any stage of use of the Services), Kali, a division of Part Time Website Inc., shall be entitled to call you or send you promotional SMS notices from time to time. If you wish not to receive such promotional content / notices, you may notify Kali at any time.

 

 23. BETA Test Warning

Please note that the Website is currently in its BETA version and undergoing BETA testing. You understand and agree that the Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this stage signifies your understanding of and agreement to participate in the Service BETA testing.

 

24. Customer Service Contact

To get in touch with our Customer Service – please use any of the options listed below:

1. Send an email message to: contact@gokali.com.

2. Call us at 818-370-0440