Terms and Agreement

1. General.
(A) This Agreement, which incorporates other provisions applicable to use of KAJIA, including, but not limited to, terms and conditions set forth through out governing the use of certain specific material contained in KAJIA. By using KAJIA (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use KAJIA is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
B) KAJIA shall have the right at any time to change or discontinue any aspect or feature of KAJIA, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. Subscriber Conduct.
(A) Subscriber shall use KAJIA for lawful purposes only. Subscriber shall not post or transmit through KAJIA any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without KAJIA’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in KAJIA's discretion restricts or inhibits any other Subscriber from using or enjoying KAJIA will not be permitted. Subscriber shall not use KAJIA to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line providers competitive with KAJIA.
(B) KAJIA contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of KAJIA are copyrighted as a collective work under the United States copyright laws. KAJIA LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of KAJIA and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on KAJIA any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright, trademark or other intellectual property right rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of KAJIA, Subscriber automatically grants, or warrants that the owner of such material has expressly granted KAJIA the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants KAJIA the right to edit, copy, publish and distribute any material made available on KAJIA by Subscriber.
(3. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF KAJIA IS AT SUBSCRIBER'S SOLE RISK. NEITHER KAJIA, ITS AFFILIATES OR PARENT COMPANIES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT KAJIA WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF KAJIA, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH KAJIA.
(B) KAJIA IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C) ALL PRODUCTS OR SERVICES ADVERTISED ON KAJIA excluding KAJIA Items ARE OFFERED FOR SALE BY THE MERCHANT. KAJIA DOES NOT ENDORSE, SPONSOR OR OTHERWISE APPROVE OF SUCH PRODUCTS OR SERVICES. IF YOU HAVE A COMPLAINT ABOUT A PRODUCT OR SERVICE ADVERTISED ON KAJIA excluding KAJIA Items, YOUR SOLE REMEDY IS TO CONTACT THE MERCHANT OFFERING SUCH PRODUCT OR SERVICE FOR SALE.
(D) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT KAJIA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
4. Trademarks.
KAJIA brand names and all logos thereof, are trademarks of KAJIA. All rights reserved. All other trademarks appearing on KAJIA are the property of their respective owners.