Kajeet - Terms of Use

Last Updated on August 8, 2012

INTRODUCTION

The provisions of this document form an agreement between Kajeet, Inc. (“Kajeet,” “we,” “our” or “us”) and you.  The following terms apply to your use of and access to any Web site that is owned or operated by Kajeet and/or its affiliate(s) and that includes a notice indicating that it is subject to these terms.   All of the provisions in this document may be referred to as Kajeet’s “Terms of Use,” and any Web site that is subject to these Terms of Use may be referred to as the “Kajeet Web site” or “our Web site.”   By accessing or using the Kajeet Web site, you agree to the Terms of Use.  If you do not agree to accept and comply with the Terms of Use, you are not authorized to access or use our Web site.

PRIVACY POLICY

The provisions of our Privacy Policy are also an integral part of these Terms of Use.  You may review the Kajeet Privacy Policy by clicking here.  By accessing or using the Kajeet Web site, you are also acknowledging that you have read our Privacy Policy and that you agree that we may collect, use and disclose information as described therein.

ADDITIONAL TERMS

In addition, certain features of the Kajeet Web site, and certain products or services offered through the Kajeet Web site, may be subject to additional terms of use. By using such features, products or services, or any part thereof, you agree to be bound by the applicable additional terms of use.  In the event that any of the additional terms of use governing such features, products or services conflict with these Terms or Use, the additional terms will govern.

LINK TO THIRD-PARTY SITES

The Web site may contain links to other Web sites that are maintained by third parties. These links are provided for convenience only. Kajeet does not sponsor, endorse, exercise control over, or make any representations or warranties about those Web sites, their operators, or the content, products or services they provide.  Kajeet is not responsible or liable for the conduct of those Web sites’ operators, or anything offered at those Web sites, including their privacy practices. You are advised to consult the privacy policies of all Web sites that you visit.

CERTAIN RESTRICTIONS ON USE

You agree not to use the Kajeet Web site in any way that is illegal or that is fraudulent, harassing or abusive as determined by Kajeet in its sole discretion, including:

· You will not use the Web site to harm, bully or harass other individuals; and

· You will use the service only for personal use (not for resale or commercial purposes).

You may not use the Kajeet Web site in any way to transmit any content that is unlawful, fraudulent, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights. We reserve the right to remove or delete any content from the Kajeet Web site that we believe may violate these terms or is otherwise deemed objectionable by us in our sole discretion.

WEB SITE SECURITY AND INTEGRITY

You may not violate the security of the Kajeet Web site in any way, nor may you attempt to avoid system or network limitations imposed by Kajeet.  You may not gain unauthorized access to, alter, destroy or otherwise “hack” any information that relates to any Kajeet customer or other end-user.  You may not intentionally interfere with service to any Kajeet user, host or network, nor may you cause, participate in, or facilitate any denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and/or broadcast attacks.  You may not falsify origin or routing information regarding any communications to, from or through the Kajeet Web site, or otherwise cause, participate in, or facilitate “phishing” or other activities to solicit, or collect under false pretenses, any information from any Kajeet customer or other end user.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

Kajeet has the right, but is not obligated, to strictly enforce these terms through self-help, active investigation, litigation and prosecution. We may also access and disclose any information (including transactional information) related to your access and use of our Web site for any lawful reason, as further described in our Privacy Policy.

NO WARRANTY

CERTAIN PRODUCTS OR SERVICES OFFERED BY KAJEET MAY BE SUBJECT TO WARRANTIES THAT ARE STATED IN OUR SEPARATE TERMS OF SERVICE OR A RELATED DOCUMENT.  YOU ACKNOWLEDGE, HOWEVER, THAT THE KAJEET WEB SITE IS PROVIDED "AS IS" WITH NO WARRANTY.  KAJEET AND ITS LICENSORS AND VENDORS DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE KAJEET WEB SITE AND/OR THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  KAJEET AND ITS LICENSORS AND VENDORS DO NOT WARRANT THAT THE OPERATION OF THE KAJEET WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR LIMITED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED.  YOU ACCEPT ANY RISK ASSOCIATED WITH VIRUSES, SPYWARE, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO YOUR SYSTEMS THROUGH THE KAJEET WEB SITE WITHOUT OUR KNOWLEDGE, AND YOU AGREE THAT KAJEET AND ITS VENDORS AND LICENSORS ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEB SITE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, AND CORRECTNESS OF THE KAJEET WEB SITE RESTS WITH YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL KAJEET, ITS LICENSORS OR VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE KAJEET WEB SITE OR THESE TERMS OF USE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, COSTS OF DELAY, OR BUSINESS INTERRUPTION, REGARDLESS OF THE NATURE OF THE CLAIM OR THE THEORY OF LEGAL LIABILITY, AND REGARDLESS OF WHETHER WE ARE AWARE OR HAVE BEEN NOTIFIED THAT SUCH DAMAGES MAY OCCUR.  IN NO EVENT WILL KAJEET HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY WHOSE PRODUCTS OR SERVICES MAY BE ACCESSIBLE THROUGH THE KAJEET WEB SITE, NOR WILL KAJEET HAVE ANY LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY CUSTOMER OR END USER OF THE KAJEET WEB SITE.  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KAJEET, ITS LICENSORS AND VENDORS, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE KAJEET WEB SITE AND/OR THESE TERMS OF USE, EXCEED ONE HUNDRED DOLLARS.  YOU ACKNOWLEGE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL TERMS BETWEEN KAJEET AND YOU RELATING TO OUR PROVISION OF ACCESS TO THE KAJEET WEB SITE, AND KAJEET WOULD NOT AUTHORIZE YOU TO USE THE KAJEET WEB SITE WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.

IDEMNIFICATION

You agree to indemnify, hold harmless, and, at Kajeet’s request, defend Kajeet,  its licensors and vendors from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that directly or indirectly arise, in whole or in part, in connection with your use of the Kajeet Web site, or otherwise in connection with: (1) any violation of these Terms of Use by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law by you; or (4) information or content that you submit, post, transmit or make available through the Kajeet Web site.

MODIFICATIONS TO THESE TERMS OF USE

We may change these Terms of Use from time to time. Any such changes will become effective when posted on the Kajeet Web site.  Changes to the Kajeet Privacy Policy will become effective when posted here. If you object to any such changes in these Terms of Use or the Kajeet Privacy Policy, your sole recourse will be to cease using the Kajeet Web site. Continued use of the Kajeet Web site following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms of Use and/or Kajeet Privacy Policy, inclusive of such changes.

MODIFICATIONS TO THE KAJEET WEB SITE

We reserve the right to modify the Kajeet Web site at any time without notice. If you object to any such changes, your sole recourse will be to cease using the Kajeet Web site. Continued use of the Kajeet Web site following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Kajeet Web site as so modified. We also reserve the right to discontinue the Kajeet Web site at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Kajeet Web site.

INTELLECTUAL PROPERTY RIGHTS; COPYRIGHT NOTICES

The Kajeet Web site is protected by U.S. and international copyright laws.  As between Kajeet and you, you acknowledge that Kajeet, its licensors and its vendors retain all right, title and interest in and to the Kajeet Web site, including, without limitation, ownership of all related intellectual property rights.  Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of phonorecords), or create derivative works from any copyrighted work made available or accessible via the Kajeet Web site.

“Kajeet;” “use it for good;” the various characters known as Lottie, Zeo, Obie, Tallulah, Kane, and Skratch; the k design; “Airlink Mobile;” “Powerlink;” and “S-Link” are trademarks or service marks of Kajeet or its affiliates. You may not use these or any other Kajeet trademarks or service marks without Kajeet’s prior written permission. All other trademarks are the property of their respective owners. Sprint is a trademark of Sprint Nextel.  Google, the Google logo, and Google Maps are trademarks of Google, Inc.  
Kajeet owns the following U.S Patents:
7,881,697
7,899,438
7,945,238
8,078,140

Your feedback is welcome and encouraged. You agree, however, that (i) by submitting unsolicited ideas to Kajeet, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) unsolicited ideas submitted to Kajeet or any of its employees or representatives automatically become the property of Kajeet.

You understand that some information and content may be posted upon the Kajeet Web site by third parties, or transmitted or made accessible through the Kajeet Web site by third parties.  It is the policy of Kajeet to respect the copyrights of third parties.  If you believe your copyright has been violated by information or content upon, transmitted through, or accessible through the Kajeet Web site, please contact us at:

General Counsel
Kajeet, Inc.
P.O. Box 30804
Bethesda, Maryland 20824-0804

By fax: 240-482-3578
By email: copyright@kajeet.com

Kajeet reserves the right to terminate account holders and subscribers who are infringers of intellectual property rights.

TERMINATION

These Terms of Use will become effective and binding when you use the Kajeet Web site, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Kajeet Web site (such as clicking buttons labeled “I Agree”). You do not need to inform us if you wish to stop using the Kajeet Web site. We reserve the right to terminate these Terms of Use and your access to the Kajeet Web site at any time without notice. Your rights under these Terms of Use will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms of Use. The provisions of the following headings will survive the termination of these Terms:  “No Warranty,” Limitation of Liability,” “Indemnification,” “Intellectual Property Rights; Copyright Notices,” “Governing Law,” and “Miscellaneous.”

GOVERNING LAW

These Terms of Use are governed by and must be construed under the laws of the State of Maryland, without regard to its rules regarding conflicts of laws.  You agree that the federal and state courts sitting in and for Montgomery County, Maryland, have exclusive jurisdiction over and venue of any suit that relates to these Terms of Use.

MISCELLANEOUS

You agree to comply with all laws, rules and regulations that apply to your use of the Kajeet Web site, including, without limitation, any applicable U.S. export laws governing technical information and/or software.  No failure by Kajeet to insist upon or enforce performance of any provision in these Terms of Use will be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice will act to modify any provision in these terms.  In no event may you assign your rights or delegate your responsibilities under these Terms of Use, and any purported assignment or delegation by you will be void and have no effect.  Kajeet may assign its rights and duties under these terms to any party at any time without notice to you. If any provision is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the other terms so that it does not affect the validity and enforceability of any remaining provisions.  You agree that any claim or cause of action that you may have related to the Kajeet Web site and/or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. These Terms of Use, including the Privacy Policy and any additional terms incorporated herein, constitute the entire agreement between Kajeet and you with regard to the matters described above.

QUESTIONS AND COMMENTS

We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Kajeet by clicking here.

We hope you enjoy using our services and we welcome suggestions for improvements.

 

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