Effective Date of Current Policy: May 1, 2016
IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE OUR WEBSITE OR SERVICES.
SCOPE AND ACCEPTANCE
Anyone who accesses and simply views our Website or uses our Website or Services including users who are purchasing goods through the Website is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of our Website and Services and use of any and all information or data of any kind arising from access to, or use of, our Website and Services, including, without limitation, any text, graphics, sound recordings, audio, video, and art work.
If you are accessing or using our Website or Services on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
DESCRIPTION OF WEBSITE AND SERVICES AND USER SUBMISSIONS
Kill_Kapture is an online retail service.
Content submitted by End Users of the Website for public view is considered a user submission (“User Submission”). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Kill_Kapture to use the User Submissions in the manner contemplated by the Website and the Agreement.
You retain all of your ownership rights in your User Submissions. However, by submitting a User Submission, you grant Kill_Kapture an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, edit, modify, prepare derivative works of, display, and perform the User Submission (and any edited or modified versions or derivative works) in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each End User of the Website a non-exclusive license to access your User Submission through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submission as permitted through the functionality of the Website and under the Agreement.
Kill_Kapture does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Kill_Kapture reserves the right to remove any User Submission without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse an End User’s access to its Website and Services for any reason.
The Website and Services are not intended for dealers, resellers, and distributors.
We reserve complete and sole discretion with respect to the operation of our Website and Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of our Website or Services at any time.
INACCURACIES ON THE WEBSITE OR IN THE SERVICES
We disclaim—and you release us from any claims regarding—errors, inaccuracies, and omissions on the Website and through Services. The prices displayed on the Website are quoted in U.S. Dollars. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Kill_Kapture has made every effort to display as accurately as possible the colors of the products that appear on the Website. Kill_Kapture makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data on our Website or provided through our Services and cannot guarantee that your computer monitor’s display of any colors of the products will be accurate. Kill_Kapture shall have no liability for any errors or omissions in the information provided on our Website or through our Services. If you believe any portion of our Website or Services includes an error or inaccuracy, please notify us.
TRANSACTIONS ON WEBSITE
Kill_Kapture reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Kill_Kapture makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Kill_Kapture reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.
Certain Kill_Kapture materials on our Website and provided through our Services are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within our Website and through our Services that is not expressly designated as being provided by a third party is the property of Kill_Kapture and its content providers, and Kill_Kapture and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use our Website, the Services, and related materials solely for your own personal use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website and through our Services, electronic reproduction, adaptation, distribution, performance, or display of our Website or Services, or any portion of our Website or Services, is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta-tags on any other website is also strictly prohibited. You may not display our Website or Services, or portions thereof, in things (e.g., framing, scraping, etc.) without our express written permission. You agree to cooperate with us to cause all unauthorized co-branding, framing, scraping, or linking to immediately cease. For further information on intellectual property matters contact: help@Kill_Kapturehome.com. You further agree not to circumvent, disable, or otherwise interfere with security related features of the Services offered by Kill_Kapture to End Users or any other features that prevent or restrict the use or copying of any related materials.
In connection with the use of our Website and Services, you may not:
- alter or modify our Website or Services, or related materials, other than as reasonably necessary solely to use our Website and Services for their intended purpose;
- sell, rent, lease, transfer, distribute, broadcast, display, provide or otherwise assign to any third party any rights to our Website or Services, or related materials;
- remove any proprietary notice or labels on our Website or Services, or related materials;
- use our Website or Services for any non-authorized commercial purpose or any illegal purpose, including without limitation to victimize, harass, degrade, or intimidate an individual or group of individuals for any reason;
- copy, modify, erase, or damage any information contained on computer servers used or controlled by Kill_Kapture or any third party;
- use our Website or Services to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable, or use any data mining, robots, or similar data gathering and/or extraction tools in connection with our Website or Services;
- access or use any password-protected, secure, or non-public areas of our Website, except as specifically authorized in writing by Kill_Kapture;
create multiple accounts or impersonate or misrepresent your identity or affiliation with any person or entity;
- use any automated means to access or use our Website or Services, including scripts, bots, scrapers, data miners, or similar software;
attempt to or actually disrupt, impair, interfere with, alter, or modify our Website or Services, or any information, data, or materials posted and/or displayed by Kill_Kapture;
- access data on our Website not intended for you;
- attempt to probe, scan, or test the vulnerability of our Website or breach any implemented security or authentication measures, regardless of your motives or intent; or
- attempt to interfere with or disrupt access to or use of our Website or Services by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code.
In operating our Website and providing our Services, Kill_Kapture does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, the Services, our mail and e-mail addresses, or in any other way. Any information or material submitted or sent to Kill_Kapture will be deemed not to be confidential or secret. By submitting or sending information or other material to Kill_Kapture you represent and warrant that the information is original to you and that no other party has any rights to the material.
By communicating with Kill_Kapture, including submitting or sending content to us, you grant Kill_Kapture the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into a Kill_Kapture feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any content or part thereof, or other communication to Kill_Kapture. You also warrant that any “moral rights” in such content is waived.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of our Website or Services, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Kill_Kapture does take any legal action against you as a result of your violation of the Agreement, Kill_Kapture will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Kill_Kapture. You agree that Kill_Kapture will not be liable to you or to any third party for termination of your access to, or use of, any of our Website or Services as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Kill_Kapture. Any purported assignment lacking such consent will be void at its inception. Kill_Kapture may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our Website or through our Services.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms of Service.
You may contact Kill_Kapture at: info@Kill_Kapture.com
Such written notice should be sent to our designated agent by email to:
Subject: Kill_Kapture DMCA Copyright Infringement Notification
After we receive your copyright infringement notification, we will expeditiously take down the work(s).
If applicable, we will attempt to notify the alleged infringer of the copyright infringement notification and point them to the procedure for counter-notification. We will not share your personal information with the alleged infringer. If we receive a relevant counter-notification from the alleged infringer, we will forward it to you. You will have ten (10) days to notify us that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Kill_Kapture’s Website or Services. If we receive such a notification, we will not restore the material. If we do not receive such notification, we may reinstate the material.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Counter-Notification. The process for counter-notifications is governed by Section 512(g) of the Copyright Act: http://www.copyright.gov/legislation/dmca.pdf
To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. Counter notifications should be sent to the email or postal address identified above.
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Kill_Kapture’s Website or Services. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
At any time and at Kill_Kapture’s sole discretion, we may add, delete, or modify the Agreement or our Website or Services. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing, and/or using our Website or Services. All changes to the Agreement shall be effective immediately.
Access and Use Where Prohibited
Access to and use of our Website and Services are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.
Local Laws and Export Control
Unless expressly stated to the contrary, the Website and Services are intended for viewing and use in the United States. Unless expressly stated to the contrary, Kill_Kapture makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise expressly stated, all marketing or promotional materials found on or accessible through our Website or Services are solely directed to individuals, companies, or other entities located in the United States. Kill_Kapture reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through our Website or Services is void where prohibited. If you use our Website or Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of our Website or Services in violation of United States export laws and regulations.
Applicable Law and Venue
Any action related to the Agreement will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Kill_Kapture agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our Website, our Services, or the Agreement will be exclusively in the federal or local courts located in Philadelphia, Pennsylvania.
Kill_Kapture intends to resolve any and all disputes that may arise between it and its End Users in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Kill_Kapture in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Kill_Kapture shall respond within ten (10) business days with identical information from its perspective. You and a representative of Kill_Kapture shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Kill_Kapture mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Kill_Kapture fail to resolve the matter, you may then proceed to litigation in the forum described in the Applicable Law and Venue Section above.
Unsolicited Materials and End User’s Grant of Limited Licensed
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.
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; and
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
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 us to locate the material. Providing URLs to the work(s) and track titles of the work(s) as displayed at those URLs in the body of an email is the best way to help us locate content quickly;
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;
Kill_Kapture reserves the right to deny access to our Website or Services at our discretion and for any reason, including any breach of the Agreement.
Third Party Properties Referred to on the Website and in Our Services
Our Website and materials provided through our Services may refer to physical venues, geographical sites, websites on the Internet (e.g., through links on our Website), and/or products or services that are not under the control of or maintained by Kill_Kapture (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute responsibility for, an affiliation with or endorsement by Kill_Kapture of any such Third Party Properties. You acknowledge that Kill_Kapture is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Kill_Kapture is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Kill_Kapture does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to on our Website or through our Services, you do so at your own risk.
Our Website and materials provided through our Services may contain materials submitted by third parties. Any such materials are provided solely as a convenience to you. Unless expressly stated to the contrary, Kill_Kapture has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third party materials, you do so at your own risk. In no event shall Kill_Kapture be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.
Availability of the Website and Services
It is not possible to operate our Website or Services with 100% guaranteed uptime. Kill_Kapture will make reasonable efforts to keep our Website and Services operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of our Website or Services. In addition, Kill_Kapture reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of our Website or Services, with or without notice.
You agree that Kill_Kapture shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to our Website or Services.
Neither the information, nor any opinion, provided on the Website constitutes a solicitation or offer by Kill_Kapture or its affiliates to buy or sell any service or product. Decisions based on information provided on the Website are the sole responsibility of the End User.
Kill_Kapture does not verify the content submitted by End Users, including but not limited to information contained in End User profiles and reviews. As such, Kill_Kapture does not assume any responsibility for the accuracy or reliability of the information provided by End Users. Kill_Kapture does not have control over the integrity, responsibility, or any of the actions or omissions of any End Users. You should use your own judgment when making decisions to communicate with, engage, or receive services from other End Users. Kill_Kapture, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD PARTY, INCLUDING END USERS OF THE SERVICE.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF OUR WEBSITE AND SERVICES ARE AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. Kill_Kapture DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) OUR WEBSITE AND SERVICES; AND (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE AND SERVICES, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. Kill_Kapture MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGHOUR WEBSITE OR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. Kill_Kapture ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT OUR WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
REVIEWS, RATINGS, COMMENTS, OR OTHER FEEDBACK OR INFORMATION MAY BE POSTED WITH RESPECT TO END USERS, AND DO NOT REFLECT THE OPINIONS OR BELIEF OF Kill_Kapture. YOU AGREE TO HOLD HARMLESS Kill_Kapture, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY SUCH REVIEW, RATING, COMMENT, other feedback or information.
Kill_Kapture 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, INCLUDING OTHER END USERS, OTHER THAN AS PROVIDED HEREIN. 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Kill_Kapture OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH (A) THE WEBSITE OR SERVICES; OR (B) ANY PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE OR SERVICES, OR ANY PORTION THEREOF, EVEN IF Kill_Kapture OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A COURT OR OTHER TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE NO GREATER THAN THE GREATER OF: (A) THE AMOUNT YOU PAID TO Kill_Kapture FOR PRODUCTS AND SERVICES IN THE LAST MONTH AND (B) ONE HUNDRED U.S. DOLLARS ($100).
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Kill_Kapture, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE FEES AND DISBURSEMENTS OF COUNSEL AND COURT COSTS), JUDGMENTS, SETTLEMENTS, AND PENALTIES OF EVERY KIND ARISING FROM OR RELATING TO ANY VIOLATION OF THIS AGREEMENT AND ANY ACTIVITY RELATED TO YOUR USE OF THE WEBSITE OR SERVICES.
You agree that Kill_Kapture may, in its sole discretion and without prior notice, terminate your access to or use of any of our Website or Services at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Kill_Kapture for which monetary damages would be inadequate. You consent to Kill_Kapture’s obtaining any injunctive or equitable relief that Kill_Kapture deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Kill_Kapture may have at law or in equity.
You may contact Kill_Kapture at: info@Kill_Kapture.com