3. Access Controls. You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges and damages that occur under your account, to the fullest extent permitted by law. You also agree to exit completely from your account at the end of each online session. If you have reason to believe that someone is using your account without your permission, you should contact PARA’KITO USA immediately. PARA’KITO USA will not be responsible for any loss or damage resulting from your failure to notify PARA’KITO USA of unauthorized use, or loss or damage you may incur as a result of someone else using your account, either with or without your knowledge. If PARA’KITO USA requests registration information from you, you must provide PARA’KITO USA with accurate and complete information upon registration and must update the information promptly when it changes.
4. Acceptable Use. PARA’KITO USA hereby grants you a limited, non-exclusive, non-transferable and revocable right to access and use this Site. The Site has been designed to present Content (as defined in Section 10) in a unique format and appearance. Unless PARA’KITO USA gives you permission, you agree not to access the Site using any interface other than the PARA’KITO USA interface or download or reproduce any Content from the Site. PARA’KITO USA may deny permission to link to the Site for any reason in the sole discretion of PARA’KITO USA, and you must be able to edit or delete promptly links that you create, upon the request of PARA’KITO USA. You may not use the Site for anything other than a lawful and legitimate purpose. Regardless of the location from where the Site is used or accessed, you agree to comply with all applicable U.S. and other laws, regulations, statutes and ordinances in connection with the use of the Site. Examples of prohibited uses include, without limitation:
(a) violating any proprietary, publicity, privacy or other right;
(b) disclosing confidential or proprietary information without proper authorization;
(c) downloading or otherwise exporting programs or content from the Site in violation of U.S. export laws or intellectual property laws;
(d) transmitting, storing or knowingly receiving any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous or offensive activity;
(e) linking to the Site from a site that PARA’KITO USA deems, in its sole discretion, to be objectionable;
(f) framing the Site, displaying the Site in connection with an unauthorized logo or mark or do anything that could falsely suggest a relationship between PARA’KITO USA and any third party or potentially deprive PARA’KITO USA of revenue (including revenue from advertising, branding or promotional activities);
(g) transmitting, collecting or accessing personally identifiable information about other users without the consent of those users and PARA’KITO USA;
(h) engaging in unauthorized spidering, “scraping” or harvesting Content, contact or other personal information, or using any other unauthorized automated means to compile information;
(i) impersonating any person or entity or otherwise misrepresenting your affiliation or the origin of materials you transmit;
(j) defeating any access controls, accessing any portion of the Site that PARA’KITO USA has not authorized you to access (including password-protected areas), linking to password-protected areas, attempting to access or use another user’s account or information or allowing anyone else to use your account or access credentials; and
(k) using the Site to advertise or promote goods or services without our permission.
6. Support. PARA’KITO USA will endeavor to keep the Site online and available. However, difficulties with hardware, software, network connections, equipment and services may result in service interruptions. In no event will PARA’KITO USA be liable to any party for any loss, cost or damage that results from any period of down time of the Site.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON OR OBTAINED FROM THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PARA’KITO USA DOES NOT WARRANT THAT THE PRODUCTS OR SITE (a) CONTAIN ACCURATE INFORMATION, (b) WILL BE FREE FROM BUGS, DEFECTS OR ERRORS OR ACCESSIBLE WITHOUT INTERRUPTION OR (c) WILL CONTINUE TO BE AVAILABLE, OR THAT PRODUCT OR SITE DEFECTS WILL BE CORRECTED. PARA’KITO USA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, USEFULNESS, TIMELINESS OR COMPLETENESS OF ANY INFORMATION PROVIDED HEREON. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
8. Limitation of Liability. YOUR USE OF THE SITE, INCLUDING ALL PURCHASES PROCESSED THROUGH THE SITE, AND THE INFORMATION THEREON IS ENTIRELY AT YOUR RISK. PARA’KITO USA WILL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF OR ANY OF THE USER SUBMISSIONS, INFORMATION, DATA OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE SITE, OR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS OR LOSSES RESULTING THEREFROM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF PARA’KITO USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE AGGREGATE LIABILITY OF PARA’KITO USA FOR ALL CLAIMS AND DAMAGES RELATED TO THIS AGREEMENT, WHETHER BASED ON AN ACTION IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHER THEORY, WILL NOT EXCEED $100. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PARA’KITO USA FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542 WHICH SAYS: “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.” Some states do not allow the foregoing limitations of liability, so they may not apply to you.
10. Copyright. PARA’KITO USA retains all rights with respect to the Site. Except as otherwise provided in Section 5 with respect to User Submissions, all content included or available in connection with the Site, including text, pictures, graphics, logos, images, works of authorship, computer code, look and feel, trade dress, technical information, animations, and other content, as well as available features or services discussed, referenced, provided or offered through or on the Site (collectively with all information and material about PARA’KITO USA and its Products, “Content”) and the selection and arrangement thereof, are the sole and exclusive property of PARA’KITO USA, its affiliated companies, or its licensors. However, you are free to view, copy, print and distribute the Content as long as:
The Content is used for personal, non-commercial purposes only; and
Copies of the Content include all applicable copyright notices.
Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of PARA’KITO USA or any third party.
All Content is: Copyright © 2015 PARA’KITO USA CORP., PARA’KITO USA CORP.’S affiliated companies, or its licensors. All rights reserved.
11. Trademarks. The trade name, logos, emblems, insignia, names of Products and the trademarks of PARA’KITO USA (“Trademarks”) are the intellectual property of PARA’KITO USA or its affiliated companies. The Trademarks and other logos and trademarks that appear throughout the Site belong to PARA’KITO USA, its affiliated companies, or third party trademark owners, and are protected by U.S. and international trademark laws. Without the express prior written permission of PARA’KITO USA or its affiliated companies, you agree not to display or use in any manner the Trademarks. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos or trade dress of PARA’KITO USA or its affiliated companies. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of PARA’KITO USA, its affiliated companies, or licensors or any third party, whether by estoppel, implication or otherwise. The names of actual companies and products listed on the Site may be the intellectual property of their respective owners.
13. Mobile Device Terms. The following terms apply to persons accessing this Site through a mobile device:
Your wireless provider may charge for use of this Site, including fees for receipt of text messages or data transmission. These fees are not charged by PARA’KITO USA, and you should contact your wireless provider to determine what fees, if any, will be charged.
You may not transfer or copy, without permission, any Content from the wireless device on which you originally received Content to any other device, including, without limitation, any computer or another wireless device.
14. Terms of Sale.
(A) Purchasing Products Online. If you purchase Products, you agree to pay the applicable charges for the Products as they become due, plus all related taxes, and to reimburse us, our payment affiliates or providers of PARA’KITO USA, as applicable, for all collection costs and interest for any overdue amounts. Please note that prices and charges for Products are subject to change with notice.
All sales are final.
(B) Payment Methods. PARA’KITO USA allows you to make your purchases using any of the payment methods described below (each a “Payment Method”). Please read our policies carefully with respect to Payment Methods before you place your order. You may pay by credit, debit or check card. When you provide PARA’KITO USA with your card information, PARA’KITO USA may obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on some or all of your available credit while the pre-approval remains in place. Once your order has been accepted by the Site, PARA’KITO USA will bill your credit card or process a transaction under your debit or check card for the applicable Product in accordance with the billing terms for such Product.
PARA’KITO USA accepts American Express, MasterCard, and Visa branded payment cards with a billing address within the United States. Debit cards and check cards have daily spending limits that may delay the processing of your order. The Site requires the credit, debit or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (American Express), or on the signature panel on the back of your card (Visa or MasterCard). You represent and warrant that you have the right and are authorized to use the credit, debit or check card you present to purchase the Products and that the billing and related information you provide is accurate and truthful. If for any reason you have not authorized charges to be made to your credit, debit or check card, or your credit, debit or check card issuer does not pay PARA’KITO USA for charges, PARA’KITO USA reserves the right to immediately suspend or terminate the Product order.
(C) Pricing, Taxes, Pricing Errors. Prices offered on the Site are quoted in U.S. Dollars. Such prices may not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If the amount you pay for an item is incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid, regardless of how the error occurred.
(D) Absence of Warranty. PARA’KITO USA attempts to describe and display the Products offered on the Site as accurately as possible. However, PARA’KITO USA does not warrant that such descriptions or other content on the Site are completely accurate, complete, reliable, current or error-free.
(E) Payment Disputes. If you dispute any charge for purchases of Products on the Site, you must notify PARA’KITO USA of your dispute in writing within thirty (30) days of any such charge. Failure to so notify PARA’KITO USA shall result in the waiver by you of any claim relating to such disputed charge. Charges shall be calculated solely based on records maintained by PARA’KITO USA.
17. Notice. PARA’KITO USA may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon PARA’KITO USA posting them on the Site or delivering them to you via email. You may update your email address by visiting the Site. If you do not provide PARA’KITO USA with accurate information, PARA’KITO USA will not be responsible for failure to notify you.
20. Notice and Takedown Procedures; Prohibited Use. You agree to respect the intellectual property rights and other rights of PARA’KITO USA and third parties. If you believe that any User Submission or any Content on the Site infringes your copyright or that of any third party or is defamatory, please notify our designated agent in accordance with PARA’KITO USA’s Notice Procedure for Making Claims of Copyright Infringement in Section 21 below. After receiving notice, PARA’KITO USA may remove or disable access to any infringing or defamatory material. As further described in Section 12 above, PARA’KITO USA has the right to terminate any account or right of access at any time, including for infringement of PARA’KITO USA’s or another party’s rights.
21. Procedure for Making Claim of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
DMCA Designated Agent
David J. Byer
Address: K&L Gates LLP, One Lincoln Street, Boston, MA 02111
See Notice for Claims of Copyright Infringement
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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 at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PARA’KITO USA to locate the material.
(iv) Information reasonably sufficient to permit PARA’KITO USA to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has 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.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
All of the content included in this site is subject to the copyright laws of the United States and other applicable jurisdictions and PARA’KITO USA, its affiliated companies, or its suppliers owns all the copyright rights associated with this content. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be sent to the Designated Agent listed above. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. ALL OTHER INQUIRIES NOT COPYRIGHT RELATED, SUCH AS REQUESTS FOR PRODUCT INFORMATION, EMPLOYMENT, ETC. MUST BE SENT TO THE FOLLOWING CONTACT: firstname.lastname@example.org
25. References. References to and mentions of the word “including” or the phrase “e.g.” mean “including, without limitation.”