Last revised October 30, 2015
IF YOU SUBSCRIBE TO ANY OF OUR SUBSCRIPTION SERVICES FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT KAMA’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIPTION IN ACCORDANCE WITH FEES AND PAYMENT SECTION BELOW.
Kama reserves the right to change or modify these Terms or any policy or guideline of the Services at any time and in its sole discretion. When changes are made, Kama will make a new copy of the Terms available at the Site and within the Application. We will also update the “Last Revised” date at the top of these Terms. If we make any material changes, and you have registered with us to create an Account (as defined below) we will also send an-email to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be immediately effective for new Users (as defined below) of the Site, Application and/or Services (collectively, the “Kama Properties”) and will be effective thirty (30) days after posting notice of such changes on the Site or within the Application for existing Users, provided that any material changes shall be effective for Users who have an Account with us (each, a “Registered User”) upon the earlier of thirty (30) days after posting notice of such changes on the Site or within the Application, or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. Kama may require you to provide consent to the updated Terms in a specified manner before further use of the Kama Properties is permitted. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using the Kama Properties. Otherwise, your continued use of the Kama Properties following the posting of changes or modifications will confirm your acceptance of those changes or modifications.
Kama is the most contemporary dating app for South Asians. It allows individuals to find relationships within their friend network and within the broader Facebook community. The Services allows its users, among other things, to list love interests, discover mutual interests among users, give and receive recommendations for possible love interests within the friends-of-friends network, propose outings with other users and discover who among your friends receives garners the most interest from users.
Kama does not guarantee or certify the accuracy or completeness of users’ profile information displayed through the Services. Neither can Kama guarantee users’ romantic sentiments as indicated by users through their use of the Services. You may meet, come into contact with, or otherwise interact with other users or other members of Facebook as a result, whether direct or indirect, of your use of the Website; Kama holds no responsibility for the results of these interactions.
Registration; Eligibility to Use the Services
Accounts. In order to access certain features of the Kama Properties you may be required to become a Registered User, by connecting your social networking service (“SNS”) account with the Services to create an account on the Kama Properties (an “Account”) in the manner described below. You may link your Account with your SNS account (“SNS Account”), by allowing Kama to access your SNS Account, as is permitted under the applicable terms and conditions that govern your use of each SNS Account. You represent that you are entitled to disclose your SNS Account login information to Kama and/or grant Kama access to your SNS Account without breach by you of any of the terms and conditions that govern your use of the applicable SNS Account and without obliging Kama to pay any fees or making Kama subject to any usage limitations imposed by such SNS providers. By granting Kama access to any SNS Accounts, you understand that Kama may access, make available and store (if applicable) any information, data, text, software, music, sound, photograph, graphics, video, messages, tags and/or other materials accessible through the Kama Properties (“Content”) that you have provided to and stored in your SNS Account (“SNS Content”) so that it is available on and through the Kama Properties via your Account. Unless otherwise specified in these Terms, all SNS Content shall be considered to be Your Content (as defined below) for all purposes of these Terms. Subject to the privacy settings that you have set in your SNS Account, personally identifiable information that you post to your SNS Accounts may be available on and through your Account on the Kama Properties. Please note that if a SNS Account or associated service becomes unavailable or the Kama’s access to such SNS Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Kama Properties. You have the ability to disable the connection between your Account and your SNS Accounts at any time by accessing the “Settings” section of your PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE SNS PROVIDERS ASSOCIATED WITH YOUR SNS ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS PROVIDERS, AND KAMA DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH SNS SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH SNS ACCOUNTS. Kama makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Kama is not responsible for any SNS Content.
Registration Data and Eligibility. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You must be 18 years or older to access or make use of the Services. The Services are not targeted to or intended to be used by anyone under the age of 18. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Kama Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Kama has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kama has the right to suspend or terminate your Account and refuse any and all current or future use of the Kama Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. If you have previously been suspended or removed from the Services than you may not access or use the Services and by signing in to the Services you represent and warrant that you haven’t been suspended or removed from the Services.
Termination. Notwithstanding anything to the contrary herein, Kama reserves the right, without notice and in its sole discretion, to terminate your access to use the Kama Properties and block or prevent your future access to, and use of, the Kama Properties for any reason, including if you have materially breached any provision of the Terms, of if Kama is required to do so by law (e.g., where the provision of the Site, Application or the Services is or becomes, unlawful). You agree that all terminations shall be made in Kama’s sole discretion and that Kama shall not be liable to you or any third party for any termination of your Account. You may terminate your license to the Services at any time by sending notice to Kama at firstname.lastname@example.org with the subject line “Termination”.
Effect of Termination. Termination of any Services, including removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. Kama will not have any liability whatsoever to you for any suspension or termination, including deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of the Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Violations. If Kama becomes aware of any possible violations by you of the Terms, Kama reserves the right to investigate such violations. If, as a result of the investigation, Kama believes that criminal activity has occurred, Kama reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Kama is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Kama Properties, including Your Content, in Kama’s possession in connection with your use of the Kama Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of Kama, its Users or the public, and all enforcement or other government officials, as Kama in its sole discretion believes to be necessary or appropriate.
Breach. In the event that Kama determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Kama Properties, Kama reserves the right to: (a) warn you via e-mail (to any e-mail address you have provided to Kama) that you have violated the Terms; (b) delete any of Your Content provided by you or your agent(s) to the Kama Properties; (c) discontinue your registration(s) with the any of the Kama Properties, including any Services or any Kama community; (d) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) pursue any other action which Kama deems to be appropriate.
No Subsequent Registration. If your registration(s) with or ability to access the Kama Properties, or any other Kama community is discontinued by Kama due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Kama Properties or any Kama community through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Kama reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you
Ownership and Limited Licenses
Kama Properties. Except with respect to Your Content and User Content, you agree that Kama and its suppliers own all rights, title and interest in and to the Kama Properties, including, without limitation, the Kama logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof.
License to Use Services. Subject to these Terms, Kama grants you a limited, non-exclusive, non-sublicensable and fully revocable license: (a) to access and use the Services during the time that you are in compliance with these Terms solely for your personal purposes; and (b) to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal purposes. Furthermore, with respect to any Application access through or downloaded from the Apple App Store (an “App Stored Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system), and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Updates. You understand that the Kama Properties are evolving. As a result, Kama may require you to accept updates to the Kama Properties that you have installed on your computer or mobile device. You acknowledge and agree that Kama may update the Kama Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Kama Properties.
License to Your Content. Subject to any applicable account settings that you select, you grant Kama a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the Kama Properties to you and to our other Users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your 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 agree that you, not Kama, are responsible for all of Your Content that you Make Available on or in the Kama Properties.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Kama.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
Use of the Services
You may not use of the Services for any commercial purposes. Without limiting the foregoing you shall not: (a) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Kama Properties (including your Account), or access to or use of the Kama Properties; (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (c) use the Kama Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; (d) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or (e) market any goods or services for any business purposes. In addition to the foregoing, you agree that you will not:
- Attempt to use the Services to stalk, harass, abuse, or harm, or advocate or incite stalking, harassment, abuse or harm of another person or group;
- Make Available any abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive Content or information, or any Content or information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
- Make Available any Content that harms minors in any way;
4.Engage in any illegal conduct or intentionally or unintentionally violate, or promote the violation of, any applicable laws or regulations;
- Disrupt, overburden, of any computer or server used by or in the Services or become involved in any type of attack (including but not limited to distribution of a virus, denial of service attacks) or in any other way attempt to disrupt the Services or any other user’s use or enjoyment of the Services;
- Cheat or disrupt the Services in any manner (including but not limited to using cheats, exploits, automation software, bots, hacks, mods or any software designed to modify or interfere with the Services or overall experience). Cheating includes, without limitation, any automated use of the Services or circumventing or modifying any security, technology or device that is part of the Services;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used in the Services;
- Attempt to gain unauthorized access to the Services, the Accounts other Registered Users or to the computers, servers, or networks connected to the Services by any means other than the Services’ user interface;
- Impersonate any person or entity, including but not limited to, Kama personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; or
- Advocate, encourage, or assist any third party in doing any of the foregoing activities in this section.
Responsibility for Content
Types of Content. You acknowledge that all Content is the sole responsibility of the User from whom such Content originated. This means that you, and not Kama is entirely responsible for all Content that you upload, post, e-mail, transmit, or otherwise make available (“Make Available”) through the Kama Properties (“Your Content”), and that you and other Users of the Kama Properties , and not Kama, are similarly responsible for all Content that they Make Available through the Kama Properties (“User Content”). .
No Obligation to Pre-Screen Content. You acknowledge that Kama has no responsibility to pre-screen Content or monitor the Services for inappropriate or illegal content or conduct, although Kama reserves the right, in its sole discretion, to pre-screen, refuse or remove any Content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, as Kama may monitor and/or record your use of the Services and/or communications while you are using the Services and you hereby provide your irrevocable consent to such monitoring and recording.
The Services may provide you and other users the opportunity to submit questions, comments, suggestions, ideas, plans, notes, of other feedback about the Services (the “Feedback”). You agree that the submission of Feedback is at your own risk, and that Kama has no obligations of confidentiality with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Kama a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Kama Properties.
Third Party Content or Advertising
Kama may, from time-to-time provide third party content in the Services and may provide, as a service, links to web pages and content of third parties (“Third Party Content”). Kama does not monitor or have any control over any Third Party Content or third party websites. Unless otherwise expressly stated by Kama, Kama does not endorse or adopt, and is not responsible or liable for, any Third Party Content. Kama does not make any representations or warranties of any kind regarding the Third Party Content, including, without limitation, any representations or warranties regarding its accuracy, completeness or noninfringement. Kama undertakes no responsibility to update or review any Third Party Content and users use such Third Party Content contained therein at their own risk.
Fees and Payment Terms
Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Kama with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Kama with your credit card number and associated payment information, you agree that Kama is authorized to immediately invoice your Account for all fees and charges due and payable to Kama hereunder and that no additional notice or consent is required. You agree to immediately notify Kama of any change in your billing address or the credit card used for payment hereunder. Kama reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Kama Properties or by e-mail delivery to you.
Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your subscription package (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable.
Taxes. Kama’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Kama, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Kama for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Kama is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Withholding Taxes. You agree to make all payments of fees to Kama free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to Kama will be your sole responsibility, and you will provide Kama with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Automatic Renewal Your subscription will continue indefinitely until terminated in accordance with the Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at Kama’s then-current price for such subscription. You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by If the option to turn off auto-renewal is not displayed here, you may have already chosen to turn it off, canceling future charges. If that’s the case, you should be able to see the end date of your subscription on this screen.If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Kama to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Kama does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Kama may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
Free Trials and Other Promotions. Any free trial or other promotion that provides Registered User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact Kama to have the charges reversed.
Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: email@example.com______________.
Interactions with Other Users; User Disputes
User Responsibility. You are solely responsible for your interactions with other Users of the Services, and any other parties with whom you interact through the Services and/or Kama Properties; provided, however, Kama reserves the right, but has no obligation, to intercede in such disputes. You agree that Kama will not be responsible for any liability incurred as the result of such interactions. You understand that KAMA does not currently conduct criminal background checks on its users. KAMA also does not inquire into the backgrounds of its registered users or attempt to verify the statements of its registered users. KAMA makes no representations or warranties as to the conduct of registered users or their compatibility with any current or future registered users. KAMA reserves the right to conduct any CRIMINAL background check or other screenings (such as sex offender register searches) at any time and using available public records.
Release. As a condition of using the Services, you HEREBY release Kama, and Kama’s shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, AND distributors (COLLECTIVELY, THE “KAMA PARTIES”) from claims, demands, LOSSES, RIGHTS, ACTIONS and damages (INCLUDING PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with YOUR USE OF THE KAMA PROPERTIES, INCLUDING BUT NOT LIMITED TO any dispute OR INTERACTION WITH OR CONDUCT OF OTHER USERS of the Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS which the CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Choice of Law, Venue and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to its conflict of law provisions.
Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Kama that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Kama, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Kama should be sent to: 2 Schalks Crossing Rd PO Box 683 Plainsboro NJ 08535 .After the Notice is received, you and Kama may attempt to resolve the claim or dispute informally. If you and Kama do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services) (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Kama made to you prior to the initiation of arbitration, Kama will pay you the greater of the award or $ 2,500]. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Time Limits. If you or Kama pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Kama, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Kama.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Kama in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Kama WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Kama.
Small Claims Court. Notwithstanding the foregoing, either you or Kama may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Middlesex_____ County, New Jersey, for such purpose.
You agree to defend, indemnify and hold harmless the Kama Parties from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related (a) your use of the Services, (b) Your Content, (c) your violation of these Terms and/or any other Kama terms, policies, or agreements, (d) your violation of any other persons rights, or (e) your conduct in connection with the Services.
Procedure for Making Claims of Copyright Infringement
Kama is committed to respecting and protecting the legal rights of copyright owners. As such, Hinge adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Kama’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Kama’s Copyright Agent to receive DMCA Takedown Notices is: email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Service. You acknowledge that for Kama to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE KAMA PROPERTIES IS AT YOUR SOLE RISK, AND THE KAMA PROPERTIES ARE PROVIDED BY KAMA ON AN “AS IS” BASIS. KAMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Kama DOES NOT WARRANT THAT ANY INFORMATION AVAILABLE ON THE KAMA PROPERTIES IS COMPLETE OR ACCURATE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF VIRUSES AND/OR ROGUE OR MALICIOUS PROGRAMMING.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE KAMA PROPERTIES. YOU UNDERSTAND THAT KAMA DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE KAMA PROPERTIES. KAMA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE KAMA PROEPRTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE KAMA PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS WITH OTHER USERS OF THE KAMA PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET THE PERSON OFFLINE OR IN PERSON. YOU ACKNOWLEDGE THAT KAMA DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USER.
Limitation of Liability
Disclaimer of Certain Damages. UNDER NO CIRCUMSTANCES SHALL KAMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE KAMA PROPERTIES, OR DAMAGES OR COSTS DUE TO THE LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT KAMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE KAMA PROPERTYS, ON ANY THEORY OF LIABILITY, THAT MAY RESULT FROM: (1) THE USE OR INABILITY TO USE THE KAMA PROPERTIES, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE SERVICES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE KAMA PROPERTIES; OR (4) ANY OTHER MATTER RELATED TO THE KAMA PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Kama, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE KAMA PROPERTIES EXCEED THE GREATER OF (A) ANY COMPENSATION YOU PAY, IF ANY, TO KAMA FOR ACCESS TO OR USE OF THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) FIFTY DOLLARS USD ($50).
User Content. THE KAMA PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND KAMA. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
International Users. The Kama Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Kama intends to announce such Services or Content in your country. The Kama Properties are controlled and offered by Kama from its facilities in the United States of America. Kama makes no representations that the Kama Properties are appropriate or available for use in other locations. Those who access or use the Kama Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Force Majeure. Kama shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Severability. In the event any provision of these Terms are declared to be void or unenforceable in whole or part, the other provisions of these Terms and the remainder of the affected provisions shall continue to be valid; provided, however, that a court having jurisdiction may revise such provision to the extent necessary to make such provision valid and enforceable consistent with the intention of the parties.
Waiver. The failure to exercise or enforce any right or provision in these Terms on one occasion shall not operate as a waiver of any other provision or of such provision on any other occasion.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Kama Properties, please email us at email@example.com with the subject line “Terms Question”.
Electronic Communications. The communications between you and Kama use electronic means, whether you visit the Kama Properties or send Kama e-mails, or whether Kama posts notices on the Kama Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Kama in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kama provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoingdoes not affect your statutory rights.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Kama’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.
Export Control. You may not use, export, import, or transfer the Kama Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Kama Properties, and any other applicable laws. In particular, but without limitation, the Kama Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Kama Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Kama Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Kama are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Kama products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Accessing and Download the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
(1) You acknowledge and agree that (i) the Terms are concluded between you and Kama only, and not Apple, and (ii) Kama, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
(2) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(3) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Kama and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Kama.
(4) You and Kama acknowledge that, as between Kama and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(5)_You and Kama acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Kama and Apple, Kama, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(6) You and Kama acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(7) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.