Definitions. The following terms shall have the following meanings for purposes of this Agreement.
“User” or “You” or “Your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Site.
"Service" means (ii) Keshif's data platform that Keshif makes available via the Site including the features and functionality made available therein, (ii) any support and development services and related technologies that may be provided by Keshif in its sole discretion for maintaining and monitoring your use of the Service, and (iii) any other services that Keshif may provide from time to time via the Site.
“Site Content,” means any content, material, information, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users on or through Keshif.me and related websites but excludes User Data.
“Affiliates” means Keshif’s owners, officers, directors, suppliers, partners, sponsors, and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site.
“User Data” means the data and information that a User may import, upload or otherwise provide to the Service in connection with a User’s use of the Service.
Site Features and Access Levels. Keshif may restrict portions of the Site or features and functionality within the Site (“Premium Features”) and require payment to access and use such Premium Features. If you desire to use such Premium Features, you agree to pay the rates or fees set forth on the Site which will be presented to you prior to collecting your payment information.
Payment and Authorization. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. Service is billed in advance in accordance with our pricing schedule which can be found on the Site. There will be no refunds or credits for partial months of Services. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes. You agree to pay for any taxes that might be applicable to your use of Services or payments made by you in connection with your use of the Services. You agree to be billed monthly or annually and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you have provided us, including on a monthly recurring basis. You will reimburse us for any fees that we may be charged related to declined payments.
Data and Information from Third Party Sites. You may be required or allowed to link to a Google account or other third party account or site to provide User Data or other information to the Service. You expressly acknowledge and agree and grant us all necessary rights and licenses to access your data and information that may be hosted on third party sites, integrate into third party APIs to access and transmit your data to our Site, store such data and process and use such data on the Site. You are solely responsible for complying with all third party agreements, terms of service or other applicable party and ensuring that you have the right to transmit User Data to the Site and permit the Service to process the User Data.
Equipment and Requirements. You acknowledge that certain portions or features of the Site may not be fully accessible or functional without: (i) a working Internet connection; (ii) a user account and/or an access/activation code or payment for Premium Features; and (iii) other system elements or specifications that may be specified by Company from time to time. It is your responsibility to ensure that you have all required system elements. Keshif may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We are not responsible for possible issues caused by third party faults or discontinued services. Keshif does not guarantee or warrant that any content that you save, store or access through the service will not be subject to inadvertent damage, corruption, or loss. You are encouraged to backup the files that you store or access on the Site. Keshif shows commercially reasonable efforts to transfer user data with industry standard encryption, commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology. While we take data security and privacy seriously, you understand and agreed that the technical processing and transmission of the Service, including your Content, involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Accuracy; Security. You agree to: (i) provide true, accurate, current and complete information about your and your property as prompted by Keshif’s forms and in any other related document or agreement; and (ii) to maintain and update your information to keep it true, accurate, current, and complete. If any information you provide is untrue, inaccurate, not current, or incomplete, Keshif reserves the right to terminate your use of the Site and withdraw any offer or agreement. You agree to keep your account information, including your login and password, secure and not to share it with any third party. You are solely responsible for the maintaining such security of your account.
Restrictions. While using Site, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Site or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Sites; (iii) manipulate our Site, services, email responses or interfere with any other users use of the Site; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Site or any of our business ideas, (vii) distribute viruses or any other technologies that may harm Company, or the interests or property of Company users; (viii) copy, modify, or distribute rights or content from the Site or commercialize any of our applications or any information or software associated with such applications; (ix) harvest or otherwise collect information about users, including email addresses, without their consent; (x) use the Site to gain unauthorized access to Keshif’s network(s) or server(s); (xi) interfere with any User’s use and enjoyment of the Site or other similar Services; (xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. This description of prohibited conduct is not intended to be exhaustive, and Keshif has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
Data and Privacy
License. You acknowledge and agree and hereby grant Keshif any and all rights and licenses to access, use, process, display and manipulate any User Data (defined below) and any User systems as necessary to provide, improve and monitor the Services.
Publicity. If you are entering into this agreement on behalf of a company or other legal entity, you grant Keshif the right to use your company name and logo as a reference for marketing or promotional purposes, subject to standard trademark usage guidelines of your company as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so you may send us an email to email@example.com stating that your company does not wish to be used as a reference.
Third Party Sites and Information
This Site may include links to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under Keshif’s control. Keshif is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Keshif responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site, Keshif or Keshif’s Affiliates, or any warranty of any kind, either express or implied.
Keshif Ownership. The Site and Services are protected by Keshif’s copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Keshif and/or its Affiliates. Any unauthorized use of Site Content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Keshif nor Keshif’s Affiliates warrant or represent that your use of Site Content displayed on, or obtained through, this Site will not infringe the rights of third parties. Certain of the ideas, software and processes incorporated into the Keshif Service that is available on this Site may be protected by patent applications pending in, or filed with, the United States, and Keshif may prepare and file additional patent applications in selected foreign jurisdictions. Copyright (c) 2017 Keshif, LLC. All Rights Reserved.
Feedback. By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to Keshif to use to improve Keshif products or services. You acknowledge that submission of feedback and suggestions is voluntarily and Keshif may consider or is developing technology that is the same or similar to your feedback or suggestions.
User Submitted Information
User Data. Keshif agrees that the User Data (your data) is owned by User (you) and is protected by U.S. and international intellectual property laws, and that User shall solely own and retain all right, title and interest to, including all intellectual property rights in, the User Data. You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all your User Data. Keshif assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any User Data. Keshif shall not be required to maintain a backup or copy of any User Data and Keshif shall have no liability for any loss of User Data, whether caused by Keshif, User, any third party service provider or any third party. You shall comply with local, national and international laws and regulations applicable to the transmission or storage of data through the Services. You are solely responsible for ensuring that it has all rights necessary to provide the User Data to Keshif and the Services. You acknowledge and agree that no transmission or hosting of data is 100% secure and there remains a possibility that User Data may be subject to unauthorized access by hacking, malware, systems breach or other unauthorized method, and Keshif shall have no liability relating to any such breach or access.
Suspected Copyright Violations. Keshif respects the intellectual property of others, and Keshif asks you to do the same. If you believe your copyright, trademark or other property rights have been infringed by User Data on this Site, you should send notification to Keshif, via the contact information on the Site, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit Keshif to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Keshif to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Disclaimer of Warranties
The site and all site content on, and services provided through, this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. without limiting the foregoing, Keshif makes no warranty that (a) the site, site content and services will meet user’s requirements, (b) the site, site content and services will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the site, services or results of the service will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by user from the site from Keshif or Keshif’s affiliates will meet user’s expectations or be free from mistakes, errors or defects.
This site and results of the service could include technical or other mistakes, inaccuracies or typographical errors. the use of the site, services or the downloading or other acquisition of any materials through this site is done at user’s own discretion and risk and with user’s agreement that user will be solely responsible for any damage to user’s computer system(s) or network(s) or loss of data that results from such activities. some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to user.
Limitation of Liability
In no event shall Keshif be liable to user or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not Keshif has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the site, the service, or any site content, or web site referenced or linked to from this site. further, Keshif shall not be liable in any way for third party goods and services offered through this site or for assistance in conducting commercial transactions through this site, including without limitation the processing of orders. Keshifs and its affiliates maximum liability under this agreement and for any claims related to a user's use or access to the site shall be $100. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to user.
Although this Site may be accessible worldwide, Keshif makes no representation that (i) use of, or materials on, this Site are appropriate or available for use in locations outside the United States, and (ii) use of the Site or materials on the Site are compliant with foreign law. Users who choose to access this Site from other locations do so on User’s own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site or with the Service is void where prohibited.
Electronic Contracting and User Notices
Force Majeure. In addition to any excuse provided by applicable law or under this Agreement, Keshif shall be excused from liability for non-delivery or delay in delivery of products and services available through this Site arising from any event beyond Keshif’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Keshif’s reasonable control, whether or not similar to those which are enumerated above.