Terms
of Service - USER Agreement
The terms "we" and "us" refer to Kemprin (Kemprin.com) and any of its associated domains
and products.
"Community Services" refer to Website Hosting or also known
as Virtual Estate.
24VEO SERVICES ARE USED IN PROVIDING THESE SERVICES
TO YOU ON THIS SITE ("SERVICES") AND INCLUDE PROPRIETARY
MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS
OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON
NOTICE FROM Kemprin, WHICH NOTICE MAY BE PROVIDED
TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICE.
PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED
USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES,
CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER
AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST
NOT USE THE SERVICES!
Kemprin.com
END-USER SERVICES AGREEMENT
This End-User Services Agreement ("Agreement") is
an agreement between you, an individual or an individual acting
on behalf of your employer, a corporation, partnership, or
other legal entity that will be using the Kemprin.com's
services called ("User") and Kemprin.com
. Kemprin.com's services (the "Services")
include proprietary materials, the use of which is subject
to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Services, provided by Kemprin.com , from hereon
called Company in some instances on behalf of Partner (an
individual or an individual acting on behalf of a corporation,
partnership, or other legal entity that will be using the
Kemprin.com's services called Kemprin.com or
providing additional services to Kemprin.com ). Kemprin.com's
services (the "Services") include proprietary materials,
the use of which is subject to the terms and conditions of
this Agreement.
These Services are provided to User under the terms and conditions
of this Agreement, and any amendments thereto, and any operating
rules or policies that may be published from time to time
by Company and Partner, all of which are hereby incorporated
by reference. This Agreement comprises the entire agreement
between User and Company and supersedes any prior agreements
pertaining to the subject matter contained herein.
2. DESCRIPTION OF SERVICES
Company and in some instances with a Partner, is providing
User with any or all of the following services: (a) email;
(b) website hosting; (c) e-commerce services; (d) Real Estate
services including database facilities and (e) any other services
which Company may elect to provide on behalf of Partner in
the future. These Services are provided to User at the discretion
of Partner and Company has no obligation to provide the Services
directly to User. Company does not charge User for some of
the eMail or Community Services (though Company may do so
at any time in the future), but may charge for enhancements
User may elect to obtain to said services. Company reserves
the right to delete any User's account if such User contravenes
any Laws of any country.
Company and Partner reserve the right to modify or discontinue,
temporarily or permanently, the Services with or without notice
to User. User agrees that Company, Partner, and their third
party service providers shall not be liable to User or any
third party for any modification or discontinuance of the
Services.
3. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register
for the Services. In consideration of use of the Services,
User agrees to: (a) provide true, accurate, current, and complete
information about User as prompted by the registration form;
and (b) to maintain and update this information to keep it
true, accurate, current, and complete. If any information
provided by User ("Registration Data") is untrue,
inaccurate, not current, or incomplete, Company and Partner
have the right to terminate User's account and refuse any
and all current or future use of the Services.
User may NOT provide Adult content on their websites or upload
to the central services provided by Kemprin.com to
its users.
Adult content can be seen as Pornographic of any kind type
material, Naturism/Nudism and Politics.
4. USE OF REGISTRATION DATA
User agrees that Registration Data is shared with Partner.
Company and Partner agree not to contact User if User states
a preference not to be contacted. Company shall inform Partner
if User states a preference not to be contacted. However,
Company shall not be responsible or liable if Partner contacts
User, permits a third party to contact User, or provides or
discloses User's Registration Data to any third party.
User agrees that Company, Partner, or a designee of a Company
or Partner may disclose Registration Data to third parties
about User and information about User's use of the Services,
provided that such disclosures do not include User's name,
mailing address, email address, telephone or facsimile number,
or account number, unless: (a) User has joined an advertisement
or newsletter program, has co-registered to receive any third
party products or services, or has otherwise authorized Company
and/or Partner to disclose such information; (b) such disclosure
is required by law or legal process; or (c) User violates
any of the terms set forth in Section 7 below.
This Agreement includes the terms and conditions of Company's
Privacy Policy, a copy of which is located at http://www.24VEO.com/PRIVACY.HTML,
and which is hereby incorporated by reference. In the event
that there exists any inconsistency between this Agreement
and the Privacy Policy, the terms and conditions of the Privacy
Policy shall take precedence.
5. USER CONTENT
Company and Partner consider email transmitted via the Services
to be the private correspondence of the sender. Neither Company
nor Partner will monitor, edit, or disclose the contents of
a User's private communications, except that User agrees that
Company, Partner, and their third party service providers
may do so: (a) as required by law; (b) to comply with legal
process; (c) if necessary to enforce this Agreement; (d) to
respond to claims that such contents violate the rights of
third parties; (e) to protect the rights or property of Company,
Partner, its third party service providers, or others.
User acknowledges that content posted to public community/website
areas could be publicly available and that Company does not
take any responsibility for such content. However, Company
reserves the right to remove any public content posted by
a User that violates any law or condition of this Agreement,
upon notice of such violation.
User understands and agrees that technical (and sometimes
manual) processing of email communications, search requests,
community postings, and any other information supplied by
User is and may be required: (a) to send and receive messages;
(b) to conform to the technical requirements of connecting
networks; (c) to conform to the limitations of the Services;
or (d) to conform to other, similar technical requirements.
User acknowledges and agrees that Company, Partner, and their
third party service providers do not endorse the content of
any User communications and are not responsible or liable
for any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, vulgar, obscene, indecent, tortious,
or otherwise objectionable content, or content that infringes
or may infringe the intellectual property or other rights
of another.
6. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will be asked to choose an appropriate user name, which
will be followed by the "@" symbol and Partner's
domain name. (Example: YourNameHere@PartnerSite.com.) User
agrees to choose a user name which is unique, not obscene,
unlawful, or otherwise objectionable, in Company's sole discretion.
Company shall own User's complete user name.
User will receive a designated password and account upon completing
the registration process for the Services. User is responsible
for maintaining the confidentiality of the password and account,
and is fully responsible for all activities that occur under
User's account. User agrees to immediately notify Company
of any unauthorized use of User's password or account or of
any other breach of security.
7. USER CONDUCT
User agrees to abide by all applicable local, state, national,
and international laws and regulations during use of the Services,
and agrees not to interfere with the use and enjoyment of
the Services by other users. User agrees to be solely responsible
for the contents of User's private and public communications
and or Community Services and or Websites, whether uploaded,
posted, emailed, or otherwise transmitted through the Services.
User agrees: (a) not to use the Services for illegal purposes;
(b) not to interfere with or disrupt the Services or servers
or networks connected to the Services; (c) to comply with
all requirements, procedures, policies, and regulations of
networks connected to the Services; (d) not to resell the
Services or use of or access to the Services; and (e) to comply
with all applicable laws regarding the transmission of technical
data exported from or imported to the Europe Union, the United
States or other countries where such laws may be applicable..
User agrees not to upload, post, email, or otherwise transmit
through the Services: (a) any unlawful, harassing, libelous,
privacy invading, abusive, threatening, harmful, vulgar, obscene,
indecent, tortuous, or otherwise objectionable material of
any kind; (b) any material that violates the rights of another,
including, but not limited to, the intellectual property rights
of another; (c) any material that violates any applicable
local, state, national, or international law or regulation;
or (d) unsolicited or unauthorized advertisements, promotional
materials, "junk mail," "spam," "chain
letters," or other forms of solicitation. User agrees
not to attempt to gain unauthorized access to other computer
systems or networks connected to the Services. User acknowledges
and agrees that Company may ban User from future use of the
Services if User does not comply with Company's standards
of conduct, even if User attempts to use the Services through
another Partner or under a different name. Furthermore, User
acknowledges and agrees that Company may recover damages from
User if User abuses these terms.
8. INDEMNITY
User agrees to indemnify and hold Company, Partner, and their
third party service providers, and their parents, subsidiaries,
affiliates, officers, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of User's use of the Services,
User's connection to the Services, User's violation of this
Agreement, or User's violation of any rights of another.
9. STORAGE OF COMMUNICATIONS
Company, Partner, and their third party service providers
assume no responsibility for the deletion or failure to store
email messages, communications, or other content maintained
or transmitted through the Services. Company may establish
an upper limit on the extent of message storage it will maintain
for User.
10. TERMINATION
(a) User agrees that Company, Partner, or their third party
service providers may terminate User's password, account,
or use of the Services if Company, Partner, or their third
party service providers believe: (i) that User has violated
or acted inconsistently with the letter or spirit of this
Agreement; or (ii) that User has violated the rights of Company,
Partner, or their third party service providers or other users
or parties. User further agrees that Company, Partner, and
their third party service providers may terminate User's password,
account, or use of the Services (a) email; (b) meta-search;
(c) community services but excluding (d) Real Estate services
and (e) any other services which Company may elect to provide
on behalf of Partner in the future if User fails to use the
Services at least one time during a reasonable period of time,
which shall not be less than sixty (60) days, as determined
from time to time by Company and Partner.
User further agrees that Company, Partner, and their third
party service providers may terminate User's password, account,
or use of the Services (d) Real Estate services and (e) any
other services which Company may elect to provide on behalf
of Partner in the future. if User fails to pay the required
fees for use of the Services at least one month in advance,
upon which late payments can be accepted which shall not be
more than sixty (60) days, as determined from time to time
by Company and Partner.
(b) User agrees Company and Partner may immediately delete
User's account and all related information, communications,
and files, and may bar any further access to such account,
communications, files, or the Services under any provision
of this Agreement. User also acknowledges and agrees that
termination of any of the Services may be effected without
prior notice.
11. LINKS
The Services may provide, or users may include in email or
community services postings, links to other Web sites or resources.
User acknowledges and agrees that Company, Partner, and their
third party service providers are not responsible for the
availability of such external sites or resources, and that
Company, Partner, and their third party service providers
do not endorse and are not responsible or liable for any content,
advertising, products, or other materials on or available
from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but
not limited to, text, software, music, sound, photographs,
graphics, video, or other material contained in sponsor advertisements
or information presented to User through the Services or third
party advertisers is protected by copyrights, trademarks,
service marks, patents, or other proprietary rights and laws.
User acknowledges and agrees that User is permitted to use
this material and information only as expressly authorized
by Company, Partner, or advertisers, as applicable, and may
not copy, reproduce, transmit, distribute, or create derivative
works of such content or information without express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S
SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS.
(b) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
(c) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS
MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS,
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES COMPANY, PARTNER, OR ITS THIRD PARTY
SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH
THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT,
DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION
AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, PARTNER, AND THEIR THIRD PARTY SERVICE PROVIDERS
MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY USER FROM COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE
PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO SOME USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD PARTY
SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR
THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS
OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES,
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES,
EVEN IF COMPANY, PARTNER, OR THEIR THIRD PARTY SERVICE PROVIDERS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, PARTNER, AND THEIR THIRD
PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH
INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR
NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the
Digital Millennium Copyright Act, Company has a policy providing
for termination of account holders who are repeat offenders.
However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL
COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR
TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OR PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE
OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT
ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE
HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM
COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS
RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS
OF 50 EURO.
(e) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
15. AMENDMENT
Company may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting or other method
of notification to User, which notice may be provided on the
pages through which User accesses or uses the Services. User's
continued access or use of the Services shall be deemed its
conclusive acceptance of the modified Agreement.
16. GENERAL
Company's and Partner's third party service providers are
intended beneficiaries of this Agreement. Company shall not
be liable to User for any breach by Partner of this Agreement
or the Privacy Policy. This Agreement and the relationship
between User and Company and Partner shall be governed by
the laws of the Netherlands without regard to its conflict
of law provisions. User, Company, and Partner agree to submit
to the personal and exclusive jurisdiction of the courts located
within Utrecht, the Netherlands. The failure of Company, Partner,
and their third party service providers to exercise or enforce
any right or provision of this Agreement shall not constitute
a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and rule the other provisions
of this Agreement remain in full force and effect. User agrees
that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use
of the Services or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever
barred.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND BY
USING THE SERVICES OF Kemprin AGREE TO BE BOUND BY
ALL OF ITS TERMS.
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