1.
ACCEPTANCE
By using and/or visiting the Kastit website (collectively,
including but not limited to all Content, Uploads and User
Submissions available through Kastit.com, "Kastit", the website)
you agree to the terms and conditions contained herin and the
terms and conditions of Kastit's privacy policy incorporated
herin, and all future amendments and modifications (collectively
referred to as the "Agreement"). By entering, you agree to be
bound by these terms and conditions. If you do not agree to be
bound the terms and conditions contained herein, then do not use
Kastit.com.The terms and conditions of this Agreement are
subject to change by Kastit at any time in its sole discretion
and you agree be bound by all modifications, changes and/or
revisions. If you do not accept to be bound by any and all
modifications, changes and/or revisions of this agreement, you
many not use Kastit.com.
The terms and conditions contained herein apply to all users of
Kastit whether a 'visitor' or a 'member' and you are only
authorized to use Kastit.com if you agree to abide by all
applicable laws and be legally bound by the terms and conditions
of this Agreement.
2. DESCRIPTION
The Kastit website allows for uploading, sharing and general
viewing various types of content allowing registered and
unregistered users to share and view visual depictions of adult
content, including sexually explicit images. In addition, Kastit
contains video content, information and other materials
posted/uploaded by users. Kastit allows its users to view the
Content and Website subject to the terms and conditions of this
Agreement.
The Kastit website may also contain certain links to third
party websites which are in no way owned or controlled by Kastit.
Kastit assumes no responsibility for the content, privacy
policies, practices of any and all third party websites. Kastit
cannot censor or edit the content of third party sites. You
acknowledge that Kastit will not be liable for any and all
liability arising for your use of any third-party website.
Kastit.com is for your personal use and shall not be used for
any commercial endeavor except those specifically endorsed or
approved by Kastit.com. Any illegal and/or unauthorized use of
Kastit is prohibited including but not limited to collecting
usernames and e-mail addresses for sending unsolicited emails or
unauthorized framing or linking to the Kastit website is
prohibited.
3. ACCESS
In order to use this website, you affirm that you are at least
eighteen (18) year of age and/or over the age of majority in the
jurisdiction you reside and from which you access the website
where the age of majority is greater than eighteen (18) years of
age. If you are under the age of 18 and/or under the age of
majority in the jurisdiction you reside and from which you access
the website, then you are not permitted to use the website.
4. CONDUCT
You acknowledge and agree that you shall be responsible for your
own user submissions and the consequences of posting, uploading,
publishing transmitting or other making them available on Kastit.
You agree that you shall not (nor others using your account) post,
upload, publish, transmit or make available in any way on Kastit
content which is illegal, unlawful, harassing, harmful,
threatening, tortuous, abusive, defamatory, obscene, libelous,
invasive of one's privacy including but not limited to personal
information, hateful, racial. You also agree that you shall not
post, upload, publish, transmit or make available in any way on
Kastit software containing viruses or any other computer code,
files, or programs designed to destroy, interrupt, limit the
functionality of, or monitor, or persistently reside in or on any
computer software or hardware or telecommunications equipment. You
agree that you shall not (nor others using your account) post,
upload, publish, transmit or make available in any way on Kastit
content which is intentionally or unintentionally violating any
applicable local, state, national, or international law, or any
regulations or laws having the force of law where you reside and
elsewhere, including but not limited to any laws or regulations
relating to securities, privacy, and export control; engage in,
promote, You agree that you shall not (nor others using your
account) post, upload, publish, transmit or make available in any
way on Kastit content depicting illegal activities, promote or
depict physical harm or injury against any group or individual, or
promote or depict any act of cruelty to animals; You agree not to
use Kastit in any way that exposes Kastit to criminal or civil
liability.
You agree that Kastit shall have the right to determine in its
sole and unfettered discretion, what action shall be taken in the
event of any discovered or reported violation of the terms and
conditions contained herein.
5. INTELLECTUAL PROPERTY
The Content contained on the Kastit with the exception of User
Submissions including but not limited to the text, software,
scripts, graphics, music, videos, photos, sounds, interactive
features and trademarks, service marks and logos contained
therein, are owned by and/or licensed to Kastit, subject to
copyright and other intellectual property rights under United
States, Canada and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your
information and personal use only and may not be used, 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.
Kastit reserves all rights not expressly granted in and to the
Website and the Content. You agree to not engage in the use,
copying, or distribution of any of the Content other than
expressly permitted herein, including any use, copying, and/or
distribution of User Submissions of third parties obtained through
the Website for any commercial purposes. If you download or print
a copy of the Content for personal use, you must retain all
copyright and other proprietary notices contained therein. You
agree not to disable, circumvent, or otherwise interfere with
security related features of the Kastit or features that prevent
or restrict use or copying of any Content or enforce limitations
on use of the Kastit Website or the Content therein.
6. USER SUBMISSIONS
Kastit permits the submission of video and other communications
and the hosting, sharing and publishing of such user submissions.
You understand that whether or not such User Submissions are
published and/or uploaded, Kastit does not guarantee any
confidentiality with respect to any submissions.
Kastit allows/permits you to link to materials on the Website
for personal, non-commercial purposes only. More over, Kastit
provides an "Embeddable Player" feature, which you may incorporate
into your own personal, non-commercial websites for use in
accessing the materials on the Website, provided that you include
a prominent link back to the Kastit website on the pages
containing the Embeddable Player. Kastit reserves the right to
discontinue any aspect of the Kastit website at any time. In
addition, you may not modify, build upon or block any portion of
the Embeddable Player in any way.
You shall be solely responsible for any and all of your own
User Submissions and the consequences of posting, uploading and
publishing them. Furthermore, with User Submissions, you affirm,
represent and/or warrant that:
- you own or retain the necessary licenses, rights, consents,
and permissions to use and authorize Kastit to use all
trademarks, copyrights, trade secrets, patents, or other
proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner
contemplated by the Website and these Terms of Service; and
- you will not post, or allow anyone else to post, any
material that depicts any person under the age of 18 years and
you have inspected and are maintaining written documentation
sufficient to confirm that all subjects of your submissions are,
in fact, over the age of 18 years.
- You have the written consent, release, and/or permission of
each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of
the User Submissions in the manner contemplated by the Website
and these Terms of Service. For clarity, you retain all of your
ownership rights in your User Submissions. By submitting the
User Submissions to Kastit, you hereby grant Kastit a
worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare
derivative works of, display, and perform the User Submissions
in connection with the Kastit Website and Kastit's (and its
successor's) business, including without limitation for
promoting and redistributing part or all of the Kastit Website
(and derivative works thereof) in any media formats and through
any media channels. You also hereby grant each user of the
Kastit Website a non-exclusive license to access your User
Submissions through the Website, and to use, reproduce,
distribute, prepare derivative works of, display and perform
such User Submissions as permitted through the functionality of
the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a
User Submission from the Kastit Website.
In submitting material (video or other communication), you
further agree that you shall not:
- submit material that is copyrighted, protected by trade
secret or otherwise subject to third party proprietary rights,
including privacy and publicity rights, unless you are the owner
of such rights or have permission from their rightful owner to
post the material and to grant Kastit all of the license rights
granted herein;
- publish falsehoods or misrepresentations that could damage
Kastit or any third party;
- submit material that is obscene, illegal, unlawful, ,
defamatory, libelous, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a
criminal offense, give rise to civil liability, violate any law,
or is otherwise inappropriate;
- post advertisements or solicitations of business;
- Impersonate another person. Kastit does not endorse any
User Submission or any opinion, recommendation, or advice
expressed therein, and Kastit expressly disclaims any and all
liability in connection with User Submissions. Kastit does not
permit copyright infringing activities and infringement of
intellectual property rights on its Website, and Kastit will
remove all Content and User Submissions if properly notified
that such Content or User Submission infringes on another's
intellectual property rights. Kastit reserves the right to
remove Content and User Submissions without prior notice or
delay. Kastit will also terminate a User's access to its
Website, if they are determined to be an infringer. While
pornographic and adult content are accepted, Kastit also
reserves the right to decide in its sole and unfettered
discretion, whether Content or a User Submission is appropriate
and complies with these Terms of Service for violations other
than copyright infringement and violations of intellectual
property law, such as, but not limited to, obscene or defamatory
material, or excessive length. Kastit may remove such User
Submissions and/or terminate a User's access for uploading such
material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
You understand and acknowledge that when using Kastit.com, you
will be exposed to User Submissions from a variety of sources, and
that Kastit is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
User Submissions. You further understand and acknowledge that you
may be exposed to User Submissions that are inaccurate, offensive,
indecent, or objectionable, and you agree to waive, and hereby do
waive, any legal or equitable rights or remedies you have or may
have against Kastit with respect thereto, and agree to indemnify
and hold Kastit, its Owners, affiliates, operators, and/or
licensors, harmless to the fullest extent allowed by law regarding
all matters related to your use of the website.
You agree that Kastit may at its sole discretion have the
right to refuse to publish, remove, or block access to any User
Submission that is available via the Website or other Kastit
network or services at any time, for any reason, or for no reason
at all, with or without notice.
Kastit provides its website as a service to its users.
However, Kastit assumes no responsibility whatsoever for
monitoring the Kastit Services for inappropriate content or
conduct. If at any time Kastit chooses, in its sole discretion,
to monitor the Kastit Services, however, Kastit assumes no
responsibility for the content, no obligation to modify or remove
any inappropriate content, and no responsibility for the conduct
of the User submitting any such content. Kastit may review and
delete any User Submissions that, in its sole judgment, violates
this Agreement or may be otherwise offensive or illegal, or
violate the rights, harm, or threaten the safety of any User or
person not associated with the Website (collectively
"Inappropriate User Submissions"). You are solely responsible for
the User Submissions that you make visible on the Website or to
any third-party website via an embedded player provided by the
Website or any other material or information that you transmit or
share with other Users or unrelated third-parties via the Website.
7. POLICY
Kastit abides by a ZERO TOLERANCE policy relating to any illegal
content. Child Pornography, bestiality, rape, torture, snuff,
death and/or any other type of obscene and/or illegal material
shall not be tolerated by Kastit. Kastit shall not condone child
pornography and will cooperate with all governmental agencies that
seek those who produce child pornography.
8. FEES
You acknowledge that Kastit reserves the right to charge for
Kastit services and to change its fees from time to time in its
discretion. Further more, in the event Kastit terminates your
rights to use the website because of a breach of this Agreement,
you shall not be entitled to the refund of any unused portion of
subscription fees.
9. WARRANTIES
You represent and warrant that all of the information provided by
you to Kastit to participate in the Kastit website is accurate
and current and you have all necessary right, power, and authority
to enter into this Agreement and to perform the acts required of
you hereunder.
As a condition to using the Kastit, you must agree to the
terms of Kastit's privacy policy and its modifications. You
acknowledge and agree that the technical processing and
transmission of the Website, including your User Submissions, may
involve transmissions over various networks; and changes to
conform and adapt to technical requirements of connecting networks
or devices. You further acknowledge and agree that other data
collected and maintained by Kastit with regard to its users may
be disclosed in accordance with the Kastit Privacy Policy.
10. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE Kastit WEBSITE SHALL BE AT YOUR
SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Kastit, ITS
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. Kastit MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE
CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD
PARTY, AND/OR
- ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE Kastit WEBSITE. Kastit DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
Kastit WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND Kastit WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN
THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT
Kastit SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND
THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL Kastit, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING
FROM ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR
WEBSITE,
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
WEBSITE,
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE Kastit WEBSITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU
SPECIFICALLY ACKNOWLEDGE THAT Kastit SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
12. INDEMNITY
You agree to defend, indemnify and hold harmless Kastit, its
parent corporation, officers, directors, employees and agents,
from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from:
- your use of and access to the Kastit Website;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without
limitation any copyright, property, or privacy right; or
- Any claim that one of your User Submissions caused damage to
a third party. This defense and indemnification obligation will
survive these Terms of Service and your use of the Kastit
Website.
You affirm that you are either more than 18 years of age or an
emancipated minor, or possess legal parental or guardian consent,
and are fully able and competent to enter into the terms,
conditions, obligations, affirmations, representations, and
warranties set forth in these Terms of Service, and to abide by
and comply with these Terms and Conditions contained herein.
13. ASSIGNMENT
The Terms and Conditions contained herein and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Kastit without restriction.
If any term, clause or provision of the agreement is held
invalid or unenforceable by a court of competent jurisdiction,
such invalidity shall not affect the validity or operation of any
term, clause or provision and such invalid term, clause or
provision shall be deemed to be severed from this Agreement.
14. JURISDICTION
This Agreement shall be governed by and construed in accordance
with the laws of the Province of Quebec, Canada, without regard to
conflicts of law principles. The sole and exclusive jurisdiction
and venue for any action or proceeding arising out of or related
to this Agreement shall be in an appropriate state or federal
court located in the Province of Quebec, Canada. You hereby submit
to the jurisdiction and venue of said Courts. You consent to
service of process in any legal proceeding.
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