Terms and Conditions
This Agreement sets out the terms and conditions relating to the online content provided by Kwai Sun Company, LLC (“the Siteowner”) on www.karaho.com (“the Site”).
By accessing the Site, you (“the User”) are agreeing to the terms and conditions below. If the User uses the Site in the course of business the User is also agreeing to these terms and conditions on behalf of that business. If the User has any questions they should contact Kwai Sun Company at firstname.lastname@example.org via email.
Services and Fees
- Kwai Sun Company may provide Free Content and Content available only by subscription (Subscribed Content).
- Kwai Sun Company reserves the right to vary the Free and Subscribed Content and does not guarantee that Free Content will remain free of charge and does not guarantee that Subscribed Content will remain a subscription service.
- To be allowed access to Subscribed Content, the User shall pay non-refundable monthly subscription fees (“Fees”), using a credit or debit card, at subscription rates set by Kwai Sun Company and in effect when the charges are incurred.
- The User must provide Kwai Sun Company with complete and accurate payment information.
- By submitting credit or debit card details to Kwai Sun Company the User warrants that they are entitled to purchase the Subscribed Content using those payment details.
- In the event of an unauthorized payment Kwai Sun Company reserves the right to suspend or terminate the User’s access to the Subscribed Content.
- If no payment authorization is received or payment authorization is subsequently cancelled, Kwai Sun Company may immediately terminate or suspend access to any Subscribed Content.
- Kwai Sun Company will try to process the User’s request for Subscribed Content promptly but does not guarantee that the Subscribed Content will be available to the User by any specified time.
- A contract with the User for Subscribed Content will come into effect when the Username and Password are issued to the User.
- When the User has paid the nonrefundable Fee for the Subscribed Content for a defined period the User will have no right of cancellation for the supply of the Subscribed Content other than the right to cancel the subscription for Subscribed Content. This does not affect the User’s statutory rights.
Registration, Passwords and Privacy
- If the User wishes to access the Subscribed Content the User will be asked to provide Kwai Sun Company with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. Kwai Sun Company is entitled to rely on this information to provide Subscribed Content.
- To obtain access to Subscribed Content, the User must be an active member in good standing of Kwai Sun Company. Kwai Sun Company reserves the sole right to determine the membership status and standing of a User seeking access to Subscribed Content.
- The User shall create a Password in a format specified by Kwai Sun Company (“the Password”).
- The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. If the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify Kwai Sun Company immediately by contacting Kwai Sun Company at email@example.com via email
Limitations on Use of the Site
- All content and services provided on the Site by Kwai Sun Company belong to Kwai Sun Company. Kwai Sun Company owns all intellectual property rights in the content and services as well as any derivative works.
- The content and services provided are solely for the personal use of the User and the User shall not sub-license, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement.
- The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services.
- The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by Kwai Sun Company or otherwise relating to the Site.
- If the User becomes aware of any misuse or misappropriation of the Site, the User shall immediately notify Kwai Sun Company.
- If Kwai Sun Company has reasonable grounds to believe that the User has misused or is misusing the Password, the Site, or its Contents, Kwai Sun Company may:
- Require the User to change the Password; or
- Suspend the User’s use of the access to the Subscribed Content, until such time as Kwai Sun Company is satisfied that the security of the Site is no longer compromised by the User’s activities.
- Pursue all applicable civil and criminal remedies.
Limitation of Liability and Indemnity
- The User expressly agrees that browsing of the Site and the use of the Site and the Free and/or Subscribed Content displayed on the Site is at the User’s own risk. Neither Kwai Sun Company nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if Kwai Sun Company has been advised of the possibility of such damages.
- Without limiting the foregoing, all content on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose or non-infringement.
- While Kwai Sun Company will use reasonable efforts to include accurate and up to date information on the Site, Kwai Sun Company makes no warranties or representations as to its accuracy or completeness. Kwai Sun Company 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 the information does not constitute any form of advice, recommendation or arrangement by Kwai Sun Company or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on information posted on the Site.
- Kwai Sun Company reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on the Site. No party involved in the workings of the Site will at any time be liable or responsible in any way for the content, including Free and Subscribed Content, and information provided on or via the Site and for the User’s use of the Site.
- Kwai Sun Company may make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by Kwai Sun Company and the User agrees that Kwai Sun Company shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators.
- Any arrangements made between the User and any third party named on Kwai Sun Company’s Site are at the User’s sole risk and responsibility and Kwai Sun Company expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.
- The User agrees to indemnify, keep indemnified, defend and hold Kwai Sun Company and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors (collectively “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms.
- Kwai Sun Company reserves the right, at its own expense, to intervene in or assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to co-operate with the defense of such claim.
Consequences of Breach of these Terms
- If Kwai Sun Company considers or determines, in its sole discretion, that the User has breached, violated or contravened this Agreement, has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services, or the User no longer meets the eligibility requirements for use of the site as set forth in this agreement, Kwai Sun Company reserves the absolute right to:
- Warn the User that they have violated the Agreement and demand that the User amend the conduct;
- Discontinue the User’s membership of the site and/or any other related services, including Subscribed Content; and/or
- Take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.
- Pursue all applicable civil and criminal remedies.
Proper Law and Jurisdiction
- This Agreement and all matters arising from it shall be governed by and construed according to the laws of the United States and the State of Arizona and shall be subject to the exclusive jurisdiction of the courts of Arizona.
- This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement.
- The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.