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Permitted Use . You agree that you are only
authorized to visit, view and to retain a copy of pages of this Site
for your own personal use, and that you shall not duplicate,
download, publish, modify or otherwise distribute the material on
this Site for any purpose other than for personal use, unless
otherwise specifically authorized by KDS to do so. You also agree
not to deep-link to the site for any purpose, unless specifically
authorized by KDS to do so. The content and software on this Site is
the property of KDS and is protected by
Representations By You. By visiting the Site, you represent, warrant and covenant that (a) you are at least 13 years old; and (b) that all materials of any kind submitted by you to KDS through the Site or for inclusion on the Site will not (1) plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
No Commercial Use . This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain KDS’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. KDS will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Links and Search Results . The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. KDS has no control over these sites or the content within them. KDS does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. KDS does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against KDS for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at firstname.lastname@example.org.
Copyright Policy. KDS may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
Intellectual Property . Although KDS is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through KDS’s system the On-line Materials are KDS’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of KDS, except as expressly and specifically permitted under these Terms of Service.
The On-line Materials are and will remain the exclusive property of KDS. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in KDS. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On-line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Service. Nothing in these Terms of Service will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Service grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with KDS.
You acknowledge and agree that KDS will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On-line Materials made by or for you. At KDS’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to KDS or perfect these rights, titles or interests in KDS’s name.
Koi Suwannagate is the trademark of Koi Design Studio, used with permission, and all rights are reserved thereto.
Disclaimer of Warranty, Limitation of Damages. KDS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. KDS ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. KDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF KDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF KDS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
The Laws of the State of
License Granted by You . By providing materials, including ideas or designs to KDS, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted KDS an irrevocable royalty free world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. KDS may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against KDS for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to KDS.
Advertising . The Site may contain advertisement and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. KDS is not responsible for the acts or omissions, of any advertiser or sponsor.
Interpretation . These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Service. A waiver or modification of these Terms of Service will only be effective if made in writing signed by an authorized officer of KDS.
Headings. Section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.