The KinectYa Services are made available for your personal, non-commercial use only. You may use the KinectYa Services to sell a product or service, or for commercial reasons. You may not take the results from a KinectYa search and reformat and display them, or mirror the KinectYa home page or results pages on your Web site. You may not "meta-search" KinectYa. If you want to make commercial use of the KinectYa Services, you must, in advance, enter into an agreement with KinectYa. Please contact us for more information. These Terms of Service apply to all users of the KinectYa Website, including users who are also contributors of video content, information and other materials or services on the Website. The KinectYa Website may contain links to third party websites that are not owned or controlled by KinectYa. The content or websites displayed as search results or linked to by KinectYa Services are developed by users over whom KinectYa exercises no control. The search results that appear from KinectYa's indices are indexed by KinectYa's automated programs and computers, and KinectYa cannot and does not screen the sites before including them in the search results of indices. A search using KinectYa Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that an KinectYa search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the KinectYa Services.
Changes In Terms and Conditions and KinectYa Search Service
We may modify or terminate our services from time to time, for any reason, and without notice. This includes the right to terminate services with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Copyright Infringement Policy
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are the owner of the copyright or intellectual property that violates copyright infringement, please contact us at [email protected]
Intellectual Property Policy
KinectYa does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your KinectYa account. We will not use any of your content for any purpose except to provide you with the Service.
Disclaimer of Warranties
KinectYa disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the KinectYa SERVICES results. KinectYa disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. KinectYa disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the KinectYa SERVICES. THE KinectYa SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE KinectYa SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. KinectYa AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KinectYa AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE KinectYa SERVICES. KinectYa AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE KinectYa SERVICES. KinectYa AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KinectYa SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE KinectYa SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE KinectYa SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE KinectYa SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL KinectYa OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE KinectYa SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF KinectYa OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE KinectYa SERVICES, FROM INABILITY TO USE THE KinectYa SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE KinectYa SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KinectYa SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KinectYa SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE KinectYa SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE KinectYa SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE KinectYa SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE KinectYa SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall KinectYa or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by KinectYa.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age or, an emancipated minor at or over the age of 13 or, possess legal parental or guardian consent if you are at or between the ages of 13 and 18, 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 of Service. The KinectYa Website is not intended for children under the age of 13 or non-emancipated minors without legal parental or guardian consent who are at or between the ages of 13 and 18.
*This policy may change without notice