Terms of Service

Last modified May 31, 2017

Thanks for using our products and services (“Services”). The Services are provided by KAVYAR LLC (“KAVYAR”) a New York Limited Liability Company.

By using our services you are agreeing to these terms. Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using KAVYAR.com ("the Site") operated by KAVYAR LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at KAVYAR.com.

Due to the diverse nature of our Services, additional terms and/or product requirements (including but not limited to age requirements) may apply from time to time. Any use or access by anyone under the age of 13 is prohibited.

Using our Services

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Intellectual Property. The Site and its original content, features and functionality are owned by KAVYAR LLC and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services display some content that is KAVYAR’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content.

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Our Site may contain links to third-party sites that are not owned or controlled by KAVYAR LLC.

KAVYAR LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Children Online Protection Act Notification

We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org's website, http://www.parentalsoftware.org.

KAVYAR Content: Ownership & Licenses

We do not claim ownership rights over your User Content. However, you grant us the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content through the KAVYAR Services, solely for the purpose for which such User Content was submitted or made available. You grant each user of the KAVYAR Services a non-exclusive license to access your User Content through KAVYAR Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the KAVYAR Services and under these Terms of Use.

Notwithstanding the foregoing, you understand and agree that once User Content is incorporated into other aspects of the KAVYAR Services by KAVYAR, KAVYAR is under no obligation to delete or ask or require other KAVYAR users to delete that User Content, and therefore, it may continue to appear and be used through the KAVYAR Services indefinitely pursuant to an irrevocable, worldwide, royalty-free license. You understand and agree that we may retain, but will not display, distribute, or perform, server copies of User Content that have been removed or deleted.

Permitted Use of Content. The content associated with the KAVYAR Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like ("Site Content") and the trademarks, service marks, trade names and logos contained therein, except all User Content, are owned by or licensed to KAVYAR, subject to copyright and other intellectual property rights under the law. Except as expressly and unambiguously provided herein, KAVYAR does not grant you any express or implied rights, and all rights in and to the KAVYAR Services and the Site Content are retained by KAVYAR.

You may access User Content for your information and personal, non-commercial use solely as intended through the provided functionality of the KAVYAR Services. User Content and Site Content are provided to you "AS IS" and "AS AVAILABLE" for your information and personal, non-commercial use only, to be used solely as intended through the provided functionality of the KAVYAR Services and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners, and it may not be used as prohibited under the Terms of Use.

Copyright Infringement Policy . In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we have adopted a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any User user who infringes the intellectual property rights of you, us, or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us by following our DMCA notification procedure, found in the DMCA notification section of this document

DMCA notification

Please send a letter stating the copyright infringement claim, with a full url to the content in question to the following address: KAVYAR LLC, KAVYAR LLC, 150 Lucius Gordon Drive, West Henrietta, NY 14586

Member Conduct

You may not use the KAVYAR Services for any purpose that is unlawful or prohibited by the Terms of Use and/or any applicable additional terms. Your access to the KAVYAR Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Use and/or additional terms, including the Rules, or for any other reason, or no reason. You expressly agree not to:

  • Act as an agent, affiliate or representative of the KAVYAR Services and utilize the KAVYAR Services or Member Content or Site Content for any commercial purpose other than for which the KAVYAR Services is intended without our express written permission,
  • Access, monitor or copy any content or information of the KAVYAR Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission,
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or
  • "Frame," "mirror" or otherwise incorporate any part of the KAVYAR Services into any other website without our prior written permission.

You agree not to use the KAVYAR Services for any commercial use, without the prior written authorization of KAVYAR. Prohibited commercial uses include any of the following actions taken without our express approval:

  • Sale of access to the KAVYAR Services on another website,
  • Use of the KAVYAR Services for the primary purpose of gaining advertising or subscription revenue,
  • Sale of advertising on the KAVYAR Services or any third-party website, targeted specific Member Content or Site Content, and
  • Use of the KAVYAR Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the KAVYAR Services, Site Content, or Member Content.

Unauthorized commercial uses do not include uploading User Content to the KAVYAR Services to promote your business or artistic enterprise, or any use that KAVYAR expressly authorizes in writing.

In addition, the following behaviors or activities are strictly prohibited when using the KAVYAR Services by any member or KAVYAR Services user:

  • Strong, vulgar, obscene or otherwise harmful language,
  • Racially, ethnically or otherwise, objectionable language,
  • Harassing, intimidating, stalking or threatening other KAVYAR members,
  • Libelous, defamatory or otherwise tortious language,
  • Online vandalism,
  • Impersonation of another person,
  • Posting, distributing, transmitting or promoting illegal Content,
  • Invasion of another's privacy,
  • Actions that are hurtful to minors,
  • Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
  • Posting, providing, transmitting or otherwise making available any junk mail or spam, and
  • Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the KAVYAR Services.

We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing KAVYAR to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Use through self-help, moderation, active investigation, litigation and prosecution.

If you produce content that is covered under 18 U.S.C. §2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance here.

Governing Law

This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of New York, United States, without giving effect to any principles of conflicts of law.

Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER KAVYAR NOR ITS WEB HOSTS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services

WHEN PERMITTED BY LAW, KAVYAR, AND KAVYAR’S WEB HOSTS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GOOGLE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, KAVYAR, AND ITS WEB HOST(S), WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify KAVYAR and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Contact Us

If you have any questions about this Agreement, please contact us at [email protected]