Introduction:
By visiting Karamasoft Web site you agree to abide by the Terms of Use described
below. We have created these rules and guidelines to protect you and to ensure
that Karamasoft's website is safe for everybody. By agreeing to these terms,
you are taking responsibility for your own actions. If you do not agree to the
terms of use below, please do not access or use this site. © 2008 Karamasoft
LLC. All other rights reserved.
Legal Notice and Disclaimer:
Karamasoft obtains all information, downloadable files and software contained
herein from sources believed by Karamasoft to be accurate and reliable. Because
of the possibility of human and mechanical error as well as other factors,
Karamasoft shall not be held responsible for any errors or omissions in the
information, and/or downloadable files, and/or software available at the
Karamasoft website. Karamasoft makes no representations, and expressly
disclaims all responsibilities, about the suitability, for any purpose, of the
information, downloadable files and/or software that are available to the user
at the Karamasoft website. Information and software may be changed at any time
without notice of any kind. The information and software on this site are
provided "as is" without expressed or implied warranty of any kind. Karamasoft
disclaims all warranties with regard to the information and/or software,
including all implied warranties of merchantability and fitness for a
particular purpose. In no event shall Karamasoft be liable for any special,
incidental, indirect or consequential damages or any other damages whatsoever,
including without limitation, any loss of use, lost data, or lost profits or
opportunity, or punitive damages, whether in an action of contract, negligence
or other tort action, arising out of or in connection with the accuracy, use,
or performance of the information, and/or downloadable files and/or software on
Karamasoft's website. Some U.S. states and foreign countries provide rights in
addition to those above, or do not allow limitation or exclusion of implied
warranties, or liability for incidental or consequential damages. Therefore,
the above limitations may not apply to you or there may be state provisions
that supersede the above. Any clause or any portion of a clause declared
invalid shall be deemed severable and shall not affect the validity or
enforceability of the remainder of the clause. These terms may only be amended
in writing, must be signed by Karamasoft's authorized representatives, and
shall be governed by the laws of the Commonwealth of California.
Links to Third Party Sites :
The links to third parties contained within this website will allow you to
leave Karamasoft’s site. The sites that are linked to Karamasoft’s site are not
under the control of Karamasoft. Karamasoft is not, and shall not be, held
responsible for the contents, in any way or form, of any linked site or of any
link contained in a linked site. Karamasoft provides these links only as a
convenience to you, the user of the website; and the inclusion of any link does
not imply endorsement by Karamasoft of the linked site.
Any rights not expressly granted by Karamasoft herein are expressly reserved.
Karamasoft Website Terms of Use
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Acceptance of Terms of Use
Karamasoft Web site:
The access to Karamasoft’s site is provided free of charge to you by Karamasoft
LLC ("Karamasoft") under these Terms of Use. Although portions of Karamasoft’s
site may be viewed simply by visiting the site, in order to access the
e-commerce site and/or receive additional services from Karamasoft you may need
to sign on as a guest or register as a member of Karamasoft’s site. If you sign
on to Karamasoft’s site as a guest or if you register as a member of
Karamasoft’s site community, these Terms of Use will govern your use of
Karamasoft’s site, including access to message boards and other features.
BY SIGNING ON TO KARAMASOFT’S SITE AS A GUEST AND/OR
BY COMPLETING THE REGISTRATION PROCESS AND/OR BY SELECTING THE "BUY NOW"
OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS
SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of Karamasoft’s
site and all services provided in connection with Karamasoft’s site. Karamasoft
shall not be liable to you for any breach of these Terms of Use. In addition,
Karamasoft does not bear any fiduciary responsibility to any user of this
website. If you do not agree to these Terms of Use, please do not register for
or enter Karamasoft’s site. The Terms of Use for your continued use of
Karamasoft’s site will be posted on the Karamasoft site. Please check this area
before using Karamasoft’s site to determine whether a change has been made to
these Terms of Use. If you do not agree to these changes in the Terms of Use as
they may occur, please arrange to terminate your registration with Karamasoft’s
site immediately (i) by notifying Karamasoft of your unwillingness to accept
the changes to the Terms of Use; and (ii) by discontinuing your use of
Karamasoft’s site. Your continued use of Karamasoft’s site shall be construed
as, and shall constitute your acceptance of any and all changes in the terms
and conditions set forth herein.
From time to time Karamasoft may supplement these
Terms of Use with additional Terms pertaining to specific content or events
("Additional Terms"), which Additional Terms may be placed on Karamasoft’s site
to be viewed in connection with the specific content or events and shall be
identified as such. You understand and agree that such Additional Terms are
hereby incorporated by reference into these Terms of Use.
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Registration Information/Privacy Policy
Collection of Personal Information
When you engage in certain activities on this site, such as ordering products,
downloading software, or entering contests, Karamasoft may ask you to provide
certain information about yourself by filling out and submitting an online
form. It is completely optional for you to engage in these activities. If you
elect to engage in these activities, however, Karamasoft may require that you
provide certain personal information, such as your name, mailing address,
e-mail address, and other personal identifying information. When ordering
products on the web site, you may be asked to provide a credit card number. In
some countries, Karamasoft is represented by an exclusive reseller who provides
marketing, sales, and support services on behalf of Karamasoft in the interest
of providing better service to customers residing in that country. When you
submit personal information to Karamasoft, you understand and agree that if you
reside in a country where Karamasoft is represented by an exclusive reseller,
Karamasoft may forward your customer profile to that reseller. Your personal
information will not be leased, sold, rented or otherwise made available to any
other third party except to the extent necessary to comply with applicable
laws, police investigations, or in legal proceedings where such information is
relevant. Occasionally, Karamasoft allows access to database information to
bonded mailing houses only for the purpose of allowing for the printing of
mailing labels that are used for Karamasoft's own direct mail and promotional
purposes. In those instances, the third party is bound by these terms. All
information collected, regardless of type, will be protected pursuant to the
Privacy Act and the Freedom of Information Act.
Karamasoft collects this information in order to
record and support your participation in the activities you select. If you
order a product, for example, the information is used to register your license
and rights, if any, to upgrade discounts, technical support, or other benefits
that may be made available to registered users. If you enter a contest,
information is collected to qualify the entry and contact you regarding the
contest or prize awards. Karamasoft also uses information that you provide as
part of our effort to keep you informed about product upgrades, special offers,
and other Karamasoft products and services.
Other provisions contained herein to the contrary
notwithstanding, you hereby agree that Karamasoft may assign, sell, license, or
otherwise transfer to a third party, your name, address, email address, member
name and any other personal information in connection with an assignment, sale,
joint venture, or other transfer or disposition of a material portion or
essentially all of the assets or stock of Karamasoft or its affiliated
entities.
Your personal information will not be used by
Karamasoft for editorial purposes unless you first agree in writing. Karamasoft
may also use such information for Karamasoft promotional and marketing
purposes. Karamasoft respects your privacy. We recognize and appreciate the
importance of responsible use of this information and realize that not everyone
likes to receive special offers or information about Karamasoft products.
If you would like your name deactivated from
Karamasoft’s lists, or if you would like to unsubscribe from Karamasoft’s
e-mail bulletins, please use the contact information below to request that
Karamasoft deactivate you from its lists. Be sure to include your name, postal
address, telephone number, information contained in your Karamasoft mailer,
and/or other necessary information needed for deactivation.
Karamasoft will use reasonable efforts to honor your
requests, but we appreciate your patience in allowing us a reasonable amount of
time for processing.
You should be aware that when you voluntarily disclose
personal information (e.g., user name, e-mail address, physical address, etc.)
publicly on Karamasoft’s discussion forum, that information can be viewed and
used by others and may result in unsolicited messages from other posters or
parties.
Use of Cookies
When you visit Karamasoft Web site, you can surf the site anonymously and access
important information without revealing your identity. In order to analyze and
improve our site, we use "cookies" to track your visit. A cookie is small
amount of data that is transferred to your browser by a Web server and can only
be read by the server that gave it to you. It cannot be executed as code or
deliver viruses.
Most browsers are initially set to accept cookies. You
can set your browser to notify you when you receive a cookie, giving you the
chance to decide whether or not to accept it. (For some Web pages that require
an authorization, cookies are not optional. Users choosing not to accept
cookies will not be able to access those pages.)
While Karamasoft uses cookies to track your visit to
Karamasoft Web site, and our Web servers automatically log the IP/Internet address
of your computer, this information does not identify you personally and you
remain anonymous unless you have otherwise provided Karamasoft with personal
information.
Please note that Karamasoft is not responsible for the
content or privacy practices of non-Karamasoft Web sites to which
Karamasoft Web site may link.
Users may
contact us with any further questions.
Karamasoft Contact Information:
Attn: Karamasoft, LLC
19 Cambria
Mission Viejo, CA 92692
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Modifications of these Terms of Use
Karamasoft may modify these Terms of Use from time to time at its sole
discretion. Each time you log on to Karamasoft’s site, you will be deemed to
have accepted any such changes, unless you arrange to terminate your
registration with Karamasoft’s site immediately (i) by notifying Karamasoft of
your unwillingness to accept the changes to the Terms of Use; and (ii) by
discontinuing your use of Karamasoft’s site.
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Modifications of the Karamasoft Site
Karamasoft may modify or discontinue Karamasoft’s site with or without notice
to you and without liability to you or to any third party.
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Content of Messages
You also agree not to use Karamasoft’s site to send or post on message boards
or any place on Karamasoft’s site, any message or material that is unlawful,
harassing, libelous, defamatory, abusive, threatening, harmful, vulgar,
obscene, profane, sexually oriented, threatening, racially offensive,
inaccurate, or otherwise objectionable material of any kind or nature or that
encourages conduct that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state, national or
international law or regulation, or encourage the use of controlled substances.
Karamasoft reserves the right to delete any such material from Karamasoft’s
site. Karamasoft will cooperate fully with any law enforcement officials and/or
agencies in the investigation of any person or persons who violate the Terms of
Use contained in this section.
You agree not to post or use Karamasoft’s site to
distribute or send any illegal material of any kind, including but not limited
to, illegal material in the form of text, graphics, video, programs or audio
files. Posting content or participating in any form of discussion with the
intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Karamasoft permits access to
content that is protected by copyrights, trademarks and other intellectual and
proprietary rights ("Rights"); (ii) these Rights are valid and protected in all
media and technologies existing now or later developed; and (iii) except as
explicitly provided otherwise, the Terms of Use and applicable copyright,
trademark and other laws govern your use of such content. You may not post to
Karamasoft’s site, copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer any material subject to any Rights.
The burden of determining that Rights do not protect any information, software,
images or any other content on Karamasoft’s site rests with you. You
acknowledge that Karamasoft may acquire Rights to use any posted materials as
described below, and that you will not acquire any of those Rights by
downloading such materials.
By submitting content, which shall include your member
name, to any "public area" of Karamasoft’s site, including message boards,
forums, contests and/or chat rooms, you grant Karamasoft and its affiliates a
royalty-free, perpetual, irrevocable, non-exclusive right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, communicate to the public, perform
and display the content (in whole or in part) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or later
developed, for the full term of any Rights that may exist in such content. You
also warrant that the holder of any Rights, including moral rights in such
content, has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above. You
also permit any subscriber to access, display, view, store and reproduce such
content for personal use. Subject to the foregoing, the owner of such content
placed on Karamasoft’s site retains any and all Rights that may exist in such
content.
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Third Party Services
Special routing icons may be included within Karamasoft’s site, the activation
of which will allow you to access and learn more about Karamasoft and other
services provided by Karamasoft or its affiliates whereby the use of such icons
is free of additional charge to you. When you access any of these services,
your rights and obligations will be governed by the agreements and policies
relating to the use of these services.
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Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF KARAMASOFT’S SITE IS AT YOUR SOLE RISK.
KARAMASOFT’S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
KARAMASOFT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. KARAMASOFT MAKES NO WARRANTY THAT KARAMASOFT’S SITE WILL
MEET YOUR REQUIREMENTS, OR THAT KARAMASOFT’S SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES KARAMASOFT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF KARAMASOFT’S SITE. KARAMASOFT WILL
NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER
FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF
KARAMASOFT’S SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KARAMASOFT’S SITE IS AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT KARAMASOFT DOES NOT
GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN
CONNECTION WITH KARAMASOFT’S SITE. KARAMASOFT IS NOT RESPONSIBLE FOR ANY ERRORS
OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE
INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER KARAMASOFT NOR ITS
MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN KARAMASOFT’S SITE, ARE ENGAGED
IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES.
KARAMASOFT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR
ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
KARAMASOFT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE
INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA.
YOUR PARTICIPATION IN KARAMASOFT’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KARAMASOFT OR
THROUGH KARAMASOFT’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
KARAMASOFT MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH KARAMASOFT’S SITE OR ANY TRANSACTIONS
ENTERED INTO THROUGH KARAMASOFT’S SITE.
KARAMASOFT IS NOT RESPONSIBLE FOR THE CONTENT ON THE
INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE KARAMASOFT’S SITE.
AS A CONVENIENCE TO KARAMASOFT’S USERS, KARAMASOFT MAY PROVIDE LINKS TO
RESOURCES THAT ARE BEYOND KARAMASOFT’S CONTROL. KARAMASOFT MAKES NO
REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF
ANY SITES TO WHICH KARAMASOFT MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM
YOU MIGHT HAVE AGAINST KARAMASOFT WITH RESPECT TO SUCH SITES.
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Limitation of Liability
KARAMASOFT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
KARAMASOFT’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH KARAMASOFT’S SITE OR
RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR
OTHER INTANGIBLES, EVEN IF KARAMASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
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Promotional Messages
Karamasoft may, from time to time, send e-mail messages to you containing
advertisements, promotions, etc. Karamasoft makes no representation or warranty
with respect to the content of any such e-mail messages or any goods or
services that may be obtained from Karamasoft, and you agree that Karamasoft
shall not have any liability with respect thereto.
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Indemnification
You agree to indemnify and hold each officer and/or employee of Karamasoft, its
parent companies, subsidiaries and affiliates, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of Karamasoft’s site, the violation of these Terms of
Use by you, or the infringement by you, or any other user of your account, of
any intellectual property or other right of any person or entity.
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Applicable Law
These Terms of Use shall be governed by and construed in accordance with the
laws of the Commonwealth of California, without regard to conflicts of laws
provisions thereof. The sole jurisdiction and venue for actions related to the
subject matter hereof shall be California State and U.S. Federal courts
sitting in the County of Orange or, the California State and U.S. Federal
courts having within their jurisdiction the location of Karamasoft's principal
place of business. In any action or proceeding to enforce rights under this
Agreement, the prevailing party will be entitled to recover costs and
attorneys' fees.
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Remedies for Breach of these Terms by You
In the event that Karamasoft determines, at its sole discretion, that you have
breached any portion of these Terms of Use, or have otherwise demonstrated
conduct inappropriate for the community of Karamasoft’s site, Karamasoft
reserves the right to (i) warn you via e-mail that you have violated these
Terms of Use; (ii) delete any content provided by you or your agent(s) to
Karamasoft’s site, (iii) delete all content provided by you to Karamasoft’s
site, (iv) discontinue your registration with Karamasoft’s site and/or any
other Karamasoft community; (v) notify and/or send content to and/or fully
cooperate with the proper law enforcement authorities for further action;
and/or (vi) any other action which Karamasoft deems to be appropriate.
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Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law
under which the Terms of Use are to be construed or if any such provisions are
held invalid by a court with jurisdiction over the parties to the Terms of Use,
such provision will be deemed to be restated to reflect as nearly as possible
the original intentions of the parties in accordance with applicable law, and
the remainder of these Terms of Use will remain in full force and effect.
The failure of either party to insist upon or enforce
strict performance by the other party of any provision of the Terms of Use or
to exercise any right under the Terms of Use will not be construed as a waiver
or relinquishment to any extent of such party's right to assert or rely upon
any such provision or right in that or any other instance, rather, the same
will be and remain in full force and effect.
Karamasoft may assign its rights and obligations under
these Terms of Use and upon such assignment Karamasoft may be relieved of any
further obligation hereunder.
You represent to Karamasoft that you have the
authority to register with Karamasoft’s site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such
terms shall be identified when posted on Karamasoft’s site by Karamasoft)
constitute the entire understanding between the parties as to the subject
matter herein, and supersede all prior agreements and understandings. Any
legally unenforceable provision of these Terms of Use will, at the election of
Karamasoft, be deleted or modified to correct the defect and, regardless, the
remainder of the terms of these Terms of Use will remain valid and enforceable.
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