Terms of Service

Thank you for using our products and services provided by KAVYAR LLC (the “Company”). By using or visiting kavyar.com (“Site”) and any of its software, data feeds, and services provided to you (the "Service"), you signify your agreement to (1) these terms and conditions (the "Terms") and (2) the Site’s Privacy Policy, incorporated by reference. If you do not agree to any of these Terms, please do not use the Service. We provide these Terms with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and that you have agreed to them. Due to the diverse nature of the Site and Service, additional terms or product requirements (including but not limited to age requirements) may apply from time to time.

IMPORTANT! These Terms include a mandatory arbitration provision and class action waiver. By using the Service, you are agreeing to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Use of our Service

These Terms apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the Company’s website, other offerings, and any other services offered by the Company in existence now or in the future.

1.1 Eligibility

You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. If you are under 18 years of age but wish to use the Services, you must do so via an account that is registered and operated subject to these Terms by a legal guardian that is 18 years of age or older.

1.2 Service Provider

If you use the Service, including its payment processing system, to facilitate the purchase of your services, you will be referred to throughout these Terms as a Service Provider.

1.3 Changes to the Services and Availability

We may change our Services, including materials we provide on our website, from time to time, in our sole discretion, without notice, including removing materials or products. The content may not be complete or up to date. We are under no obligation to update such material, and we will not be liable if all or any part of our Services is unavailable at any time or for any period. The Company reserves the right to discontinue any aspect of the Service at any time.

1.4 Consent to be Contacted and Notices

If you provide, or have provided, a telephone number to us under your name, you confirm that you are the authorized subscriber for the telephone number you have provided, and expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying “STOP” to the sender (or following any other sent instructions for how to opt-out). We may record or monitor telephone calls for quality assurance.

If you provide, or have provided, an email address to us, you agree that we may communicate with you at that address, and provide notices to you through such means.

1.5 Account Termination Policy

The Company reserves the right to remove any user account from the Service for any reason without notification or cause.

The Company reserves the right to decide whether Content violates these Terms. The Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for violating these Terms.

1.6 No Employment or Independent Contractor Relationship

Nothing in these Terms shall be construed as creating an employment relationship, a partnership, an agency, or any form of joint venture between you and the Company. Your use of the Service does not confer upon you any status as an employee, agent, or independent contractor of the Company, nor shall it be deemed to constitute an offer or promise of employment, commission, or any similar arrangement. All rights and obligations regarding any work performed or services rendered in connection with the Service remain solely at the discretion of the Company and do not imply any ongoing contractual or employment relationship.

1.7 Artificial Intelligence

We may use automated systems, including algorithms and artificial intelligence, to analyze user activity and data and make certain decisions in operating the Service. For example, we may employ automated tools to detect sensitive content, spam, malware, or violations of these Terms​. We may also employ automated tools to filter and moderate job applications for relevance and recommend content to specific users. These tools help us keep the platform safe and improve the functionality and usefulness. If any decision with significant legal impact on you is made solely by an automated system (such as a suspension of your account), we will, where required by law, provide an opportunity for you to request human review of that decision. You acknowledge that automated systems are used in these ways and consent to our use of them.

1.8 Product-Specific Terms

We include other guides or policies throughout the Service governing the use of particular products or services within the Service. Those guides or policies are incorporated into these Terms, and you agree to abide by them in addition to the Terms contained in this document.

2. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. Additionally, you agree to the following restrictions:

2.1 Redistribution or Unauthorized Commercial Use

You may not distribute in any medium any part of the Service or the Content without the Company’s prior written authorization, unless the Company makes available the means for such distribution through functionality offered by the Service. Without the written permission of the Company, you may not rent or lease the Service; sell access to the Service; sell advertising, sponsorships, or promotions placed on or within the Service or Content; or sell advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service (unless other material not obtained from the Company appears on the same page and is of sufficient value to be the basis for such sales).

You shall not download any Content unless you see a “download” or similar link displayed by the Company on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.

2.2 Reverse Engineering

You may not modify, adapt, translate, reverse engineer, decompile, attempt to derive the source code of, create derivative works of the Service.

2.3 Unauthorized Devices and Scraping

You may not access Content through any technology or means other than through the Service or by those explicitly authorized means that the Company may designate. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service.

2.4 Spamming

You may not use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes unless expressly authorized by the Company or by those users. You will not use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise), bulk electronic communications, chain letters, or pyramid schemes or spamming.

2.5 False or Harmful Content

You agree not to post false, inaccurate, misleading, harassing, racist, malicious, fraudulent, defamatory or libelous content (including personal information), nor to use the Service for any activity that may be considered unethical, immoral or illegal.

2.6 Deceptive Content

You agree not to create a false identity or forged email address, or otherwise attempt to mislead others as to your identity. You agree to not impersonate any other person or entity or misrepresent your affiliation with any other person or entity.

2.7 Harmful Technologies

You agree to not transmit or distribute viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful or deleterious technologies that may harm the Company, or the interests or property of the Company’s Service or its users.

2.8 Unauthorized Access

You agree not to attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.

3. Intellectual Property

The Service is owned by the Company and is protected by United States copyright, patent, and trademark laws and international treaty provisions. Therefore, you must treat the Service like any other copyrighted, patented, or trademarked material.

The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.

You may not remove, modify, or obscure any copyright, trademark, patent or other intellectual property notices included on the Service.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

3.1 Copyright Policy

The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights.

3.1.1 DMCA Notification

If you believe your copyright-protected work was posted on the Company’s Service without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. In order for your notification to be effective, you must include the items required by 17 U.S.C. § 512(c). Please submit notification and removal requests to:

KAVYAR LLC
260 E. Main St.
Suite 6342
Rochester, New York 14604
support@kavyar.com

As part of the Company’s copyright policy, the Company will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

3.1.1 Counter Notification

To file a counter notification, you must provide a written communication that sets forth the items described below. Please note you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. Your communication must include substantially the following: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) your name, address, and telephone number, (5) the following statement, “I consent to the jurisdiction of the state and Federal courts located in Rochester, New York, and I will accept service of process from the claimant or an agent of the claimant,” and (6) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Please submit requests using the same contact information as provided above.

4. Publishers

Publishers agree that responses to submitters must be within five (5) days. Responses that are outside of a reasonable time may result in penalization up to and including removal from the Site.

If a current publisher seeks to have a new publication on the Site, the publisher must create a new account. Publishers may not create a submission category for a new publication under a current publisher account.

Publishers are solely responsible for the accuracy of their payment information. The Company shall have no liability in regard to the accuracy of a user’s payment information.

The Company makes no claim as to whether submitters have the rights to their submissions and the Company does not perform any investigation into whether submitters have the proper rights. Publishers are solely responsible to obtain proper documentation to verify that submitters have the proper rights.

5. User Reviews

The Company may publicly display ratings by its users in relation to collaborating with or using the services of other users. The Company is not responsible for the accuracy of user ratings and is in no way liable for defamatory or malicious content posted by users.

The Company, in its sole discretion, may remove user reviews for any reason.

Users may dispute inaccurate or adverse ratings by contacting the Company support@kavyar.com. It is within the Company’s sole discretion as to whether action may be taken regarding a user’s rating.

6. Job Postings

6.1 No Guarantees

The Service is a neutral platform that helps connect creators and employers. We do not participate in hiring decisions and we are not your employer, agent, or recruiter. We facilitate introductions, but the decisions on whom to interview, hire, or work for are entirely up to the users. Because of this, we cannot guarantee that you will find a job or other work, or find a candidate by using our Services, and we don’t guarantee the truth or quality of postings. For example, we do not guarantee that every job listing is valid or that every user profile is accurate. Company does not vet or endorse any third-party content, creators, candidates, or employers on the platform. You should conduct any due diligence or background checks you feel are necessary, in compliance with the law, and exercise caution and do your own research. We are not responsible for the outcome of any job opportunity.

6.2 Equal Opportunity and Non-Discrimination

Company is committed to equal opportunity and fairness in hiring. You agree not to use the Service in a way that unlawfully discriminates against any individual or group on the basis of a protected class. This includes avoiding any preference or exclusion based on race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, or any other attribute protected by law, including state, federal, and applicable international laws. Your use of the Service, including job postings, must comply with applicable anti-discrimination laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, similar state laws, and the anti-discrimation laws of any country to which your hiring practices would be subject. Company may remove any job listing or content that we believe violates these laws or our policies.

6.3 Background Checks and FCRA

Company is not a consumer reporting agency, and the information available through our Services is not a “consumer report” as defined in the Fair Credit Reporting Act. This means you should not use Company’s Service as the sole basis to make decisions about someone’s credit, employment, housing, insurance, or anything else covered by the FCRA. If you plan to use information obtained from Company for hiring decisions that qualify as a background check or credit check, you must comply with the FCRA and any other applicable laws – for example, by obtaining the applicant’s prior written consent and providing required notices if you take an adverse action. Company does not provide, and you should not rely on us for, any official background screening. By using the Service, you agree not to use it in a way that would make us subject to FCRA or similar laws.

7. Disputes Between Users

The Services include a platform through which submitters and publishers may communicate with each other. If a dispute arises where one party communicates outside of the Site’s platform, the Company reserves the right to resolve the dispute in favor of the party that has used the Site’s platform to communicate.

8. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

8.1 No Guarantees or Endorsement

Content is provided to you AS IS. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, authenticity, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you waive any legal or equitable rights or remedies you have or may have against the Company and Service with respect thereto.

The Company does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content.

8.2 For Information and Personal Use Only

You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms.

The Company reserves the right to remove Content without prior notice.

9. Your Content and Conduct

As a user you may submit Content to the Service. You understand that the Company does not guarantee any confidentiality with respect to any Content you submit, except as provided in the Privacy Policy.

You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service.

9.1 Data Retention

You agree that the Company has the right to retain information for legal purposes and paid transaction purposes. As more fully detailed in our Privacy Policy, data submitted to publishers, including but not limited to images, emails, credits, etc., will be maintained by the Company after public data is removed.

9.2 Ownership of Your Content and License to It

For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Company, its Site or Service, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and the Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service. You understand and agree, however, that the Company may retain, but not publicly display or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you also apply to user comments you submit and are perpetual and irrevocable.

9.3 You Must Have Rights to the Content You Submit

You agree that Content you submit to the Service will not contain third-party copyrighted material or material that is subject to other third-party rights, such as rights of publicity or privacy, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.

You represent and warrant that (i) all Content submitted to the Service is either wholly original to you, or all third-party rights therein have been fully cleared for use as contemplated by these Terms, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the Content and the posting thereof on the site does not and will not, in any way, violate or infringe upon the rights of any third party, and (iii) the Company shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by the Company.

9.4 18 U.S.C § 2257

f a user produces content that is covered under 18 U.S.C. § 2257 labeling requirements, you may be subject to the name and age verification, recordkeeping, and labeling requirements. You can find more information on 18 U.S.C. § 2257 here.

10. Payments

10.1 Payment Processing

Payments to and from the Company are made through the payment processor(s) of the Company’s choice, made in its sole discretion. By using the Service, you agree to use the Company’s payment processor(s) and be bound by any terms of service of those processors. No exceptions shall be made.

10.2 Fees and Charge

The Company has the right to increase the per transaction charges at any time.

10.3 Subscriptions

For any recurring subscriptions, your payment method will be charged at the beginning of each billing cycle, until you cancel your subscription. We may update our pricing from time to time. If pricing for recurring subscriptions is updated, we will notify you before making those changes and give you an option to cancel.

10.4 Withholding

The Company reserves the right to withhold any transaction amounts or payments until the party paying the transaction amount has confirmed it has received and is satisfied with the services provided by the Service Provider, and until the Company has determined, in its sole discretion, that the services provided by the Service Provider have been performed in a satisfactory manner.

If a Service Provider has outstanding refund charges or unpaid plan charges, the Company has the right to garnish or withhold existing revenue for the particular Service Provider in order to satisfy the outstanding charges.

10.5 Refunds

All sales are considered final and non-refundable unless otherwise stated by the Company, in these Terms, or by law. Refunds and amounts shall be issued at the sole discretion of the Company.

Service Provider will be charged any amount refunded to submitters. The refunds may include surcharges that will be paid at the Service Provider’s expense.=

Unless otherwise required by law, the Company may, but is not obligated to, issue refunds to users whose accounts have been terminated.

10.6 Unclaimed Funds

If a Service Provider has unclaimed funds for services rendered that are held by the Company, such funds may be reimbursed to the submitter after 90 days from the date the funds became payable to the Service Provider (“Refund Time Period”). The Company shall have no liability for returned unclaimed funds after the Refund Time Period.

10.7 Taxes

All funds received via the Services are considered payments to the Service Provider, and it is solely the Service Provider’s responsibility to report, pay, and remit any applicable taxes arising from such funds, including income, self-employment, or any other taxes. The Company shall not withhold taxes, nor shall it be responsible for paying or remitting any taxes on behalf of the Service Provider. The Service Provider agrees to indemnify and hold harmless the Company from any and all claims, demands, penalties, or liabilities, including any associated legal fees, arising out of or related to the Service Provider’s failure to properly report, pay, or remit taxes on the funds received through the Services.

11. Enforcement

The Company maintains a policy of cooperating with any law enforcement authorities or court order requesting or directing the Company 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 through self-help, moderation, active investigation, litigation and prosecution.

12. Warranty Disclaimer

Important!

You agree that your use of the services shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS COMPANY’S PRODUCTS OR SERVICES OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO THE PRODUCTS OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN 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 SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY 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.

13. Limitation of Liability

Important!

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (VI) 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 SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR (VII) ANY VIOLATIONS OF COPYRIGHT, TRADEMARK, PATENT OR ANY OTHER TYPE OF INTELLECTUAL PROPERTY UPLOADED BY USERS, SUBMITTERS OR PUBLISHERS AND FURTHER, USERS, SUBMITTERS AND PUBLISHERS AGREE TO HOLD HARMLESS THE COMPANY FROM ANY DAMAGES, TO THE EXTENT ALLOWABLE UNDER LAW, ARISING FROM CLAIMS OF INFRINGEMENT BASED ON SUBMISSIONS BY USERS, SUBMITTERS AND PUBLISHERS.

We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, the company limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).

YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT 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. FURTHER, THE COMPANY WILL NOT BE LIABLE FOR UNFULFILLED SERVICES OFFERED BY PUBLISHERS AND MAKES NO GUARANTEES TO THE SERVICES OFFERED BY PUBLISHERS.

The Service is controlled and offered by the Company from its facilities in the United States of America. The Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

13.1 No Liability for Third-Party Links

The Service may contain links to third-party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.

14. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its members, managers, 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 attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) your promotion of contests, sweepstakes or related events. This defense and indemnification obligation will survive these Terms and your use of the Service.

15. Disputes

15.1 Binding Arbitration

Any dispute or claim with the Company relating in any way to your use of any of the Company’s Services will be resolved through binding arbitration, rather than in court. To begin arbitration, you must send a letter requesting arbitration to the Company at:

KAVYAR LLC
260 E. Main St.
Suite 6342
Rochester, New York 14604

Unless the parties otherwise mutually agree, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules are available at www.adr.org. Payment of all filing administration and arbitrator fees will be governed by the AAA’s rules.

You and the Company agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and the Company waive any right to a jury trial. You and the Company agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

If a lawsuit is brought in court, you agree that: (i) the Service shall be deemed solely based in New York State; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than New York State. You agree that the laws of New York State (excluding New York’s choice of law rules), the Federal Arbitration Act, and applicable federal laws, will apply to these Terms.

In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, Monroe County, New York. For lawsuits, the parties consent to personal jurisdiction, and exclusive venue of, the federal and state courts located in Monroe County New York.

Any dispute between publishers and submitters will solely be arbitrated by the Company. The Company shall have the sole and exclusive power to determine any and all disputes between publishers and submitters. All decisions by the Company shall be final and binding.

15.2 Legal Fees

In the event that the Company employs an attorney and/or commences legal proceedings to enforce the provisions in these Terms, the Company shall be entitled to recover from all of the Company’s attorneys’ fees, disbursements of counsel, court costs, expenses of investigation, expert fees, and all other costs and expenses incurred by the Company in connection with such enforcement.

15.3 Deadline for Bringing a Claim

Important!

YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

16. Promotions

16.1 Communicating a Promotion

If you use Kavyar to communicate or administer a promotion (e.g., a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:

• The official rules;
• Offer terms and eligibility requirements (e.g., age and residency restrictions); and
• Compliance with applicable rules and regulations governing the promotion and all prizes offered (e.g., registration and obtaining necessary regulatory approvals).

16.2 Required Content

Promotions on Kavyar must include the following:

• A complete release of Kavyar by each entrant or participant; and
• Acknowledgement that the promotion is in no way sponsored, endorsed, administered by or associated with Kavyar.

Any submission categories used to list Promotions on Kavyar must include the following language in the guidelines and can be used in the user agreement for each submission to comply with Kavyar Required Content requirements:

By submitting to this contest or sweepstakes (collectively, “Promotion”), you hereby:

• acknowledge that the Promotion is in no way sponsored, endorsed, administered by or associated with Kavyar; and
• release, waive, and forever discharge Kavyar and its employees, officers, directors, shareholders, members, agents, representatives, permitted successors, and permitted assigns (collectively, "Releases") of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, "Claims"), which any of such you ever had, now have, or hereafter can, shall, or may have against Kavyar for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time created by or otherwise arising out of the Promotion.

16.3 Administration of a Promotion

Promotions may be administered on Pages on Kavyar. Connections must not be used to administer promotions (ex: “share on your page to enter” or “share on your friend's page to get additional entries”, and "tag your friends in this post to enter" are not permitted).

16.4 Assisting Promotions

Kavyar will not assist you in the administration of your promotion, and you agree that if you use our service to administer your promotion, you do so at your own risk.

17. Referral or Affiliate Programs

Company may compensate users through referral or affiliate programs.

18. General

18.1 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

18.2 Updates

We reserve the right, at our sole discretion, to modify or replace these Terms 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.

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.

18.3 Entire Agreement

These Terms, together with the Privacy Notice and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service.

18.4 Severability

If it turns out that a particular term is not enforceable, this will not affect any other terms.

18.5 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.