1. ACCEPTANCE
OF TERMS
Kiraybet.com is owned and
operated by Kiraybet, LLC. We provide services under certain terms and
conditions that we call Terms of Use ("TOU"). We may update these
from time to time, without notice to you. It is your duty to check these when
you use the site to insure that you comply with the current TOU. There may be
other rules posted throughout the site which you will be required to observe.
2. WHAT WE DO
We currently provide users with roommate resources (herein the
"Service"). The services are provided "AS-IS" We assume no
responsibility for information posted on this site originated by others,
including, but not limited to users and advertisers.
You are responsible for any
and all costs associated with accessing this site.
WE DO NOT SCREEN ALL POSTINGS
AND HAVE NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION GIVEN TO US BY A
USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING
PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH
ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
Please be aware that this site may contain adult or mature content. You must be
at least 18 years of age to use the services provided by us.
3. FEES AND COSTS
Membership is FREE. Members
can add listings, browse matches and contact potential roomies.
4. YOUR MEMBERSHIP OBLIGATIONS
By using this site you certify that you are 18 years of age or older, you agree
that any information that you provide to us (or others through this site) is
true, accurate, current and complete information, and you agree to maintain and
promptly update the Membership Data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not
current or incomplete, or we believe that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend or
terminate your account and refuse any and all current or future use of our
services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account, and you are responsible for all
activities that occur under your account. You agree to protect and safeguard it
against unauthorized use. You must immediately notify us of any unauthorized
use of your account or any other breach of security. You must exit from your
account at the end of each session. You agree that you will be solely liable
for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that we do not provide the information on the site and that all
publicly posted or privately transmitted information, data, text, photographs,
graphics, messages or other materials ("Content") are the sole
responsibility of the person from which such Content originated. You agree and
represent that you, are entirely responsible for all Content that you upload,
download, post, email, transmit or otherwise use or make available via the
Services and this site. Since we do not control the Content posted on the site
or sent to you from information gleaned from the site, we cannot and will not
guarantee the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to offensive, indecent or
objectionable Content. You agree that we will not be liable for any Content,
including, but not limited to, 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 Service.
You agree to NOT use the Service for any illegal or inappropriate purpose, and
affirmatively represent and warrant:
a. that
you will not upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically, religiously or otherwise objectionable;
b. that
you will not harm minors in any way;
c. that
you will not impersonate any person or entity, including, but not limited to,
any employee, officer or director of Kiraybet, LLC, forum leader, guide or
host, or falsely state or otherwise misrepresent your affiliation with a person
or entity;
d. that
you will not forge headers or otherwise manipulate identifiers in order
e. disguise
the origin of any Content transmitted through the Service;
f. that
you will not upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
g. that
you will not upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
h. that
you will not upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose;
i. that
you will not upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
j. that
you will not disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
k. that
you will not interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or
regulations of networks connected to the Service;
l. that
you will not intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the
NASDAQ, and any regulations having the force of law;
m. that
you will not "stalk" or otherwise harass another; or
n. that
you will not collect or store personal data about other users.
o. that
you will utilize Kiraybet.com only if you are seeking someone to share a home
with you. Kiraybet.com is not designed for landlords or others who are looking
for potential residents of unoccupied houses or apartments.
You acknowledge that we do not pre-screen Content, but that Kiraybet, LLC and
its designees shall have the right (but not the obligation) in their sole
discretion to refuse, move, or remove any Content on the site for any reason we
deem reasonable, in our sole discretion.
You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In
this regard, you acknowledge that you may not rely on any Content created by us
or submitted to us, including any you find on the site.
We may preserve Content in
our sole discretion and we may also disclose such information to third parties
to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims
that any Content violates the rights of third-parties; or (d) protect our
rights, property, or personal safety or the rights, property and personal
safety of our users and the public. We do not, however, undertake any
affirmative obligation to examine Content or disclose Content to any third
party for any reason.
You understand that your Content may be transmitted over a number of different
networks and people other than those on this site could gain access to it.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do not own any of the Content submitted by our users. However, with respect
to Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant us the following world-wide, royalty free and
non-exclusive license(s), as applicable:
With respect to Content you submit or make available to us, you grant us the
license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content and the irrevocable right to sublicense the Content with
the sublicense having the right to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such Content (in
whole or in part) and to incorporate such Content into other works in any
format or medium now known or later developed.
9. INDEMNITY
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers,
agents, co-branders, attorneys or other partners, and employees, harmless from
any claim or demand, including attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit or make available to us.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any of the information or services from our site,
including Content.
11. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and
limits concerning use of our site, including time Content and other information
will remain on our site, limitations on what Content may be posted and when and
how long we will retain it.
We may at any time destroy or
log off accounts that are inactive for an extended period of time. You further
acknowledge that we reserve the right to change these general practices and
limits at any time, in our sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
We have the right to modify or discontinue this service at any time. You agree
that we shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
13. TERMINATION
We may terminate your account at any time, if we believe it to be in our best
interests or in the best interests of our users.
14. DEALINGS WITH ADVERTISERS
Your dealings with, advertisers found on or through our site, e.g.,mastawekiya.com, are
solely between you and such advertiser. You agree that we shall not be
responsible or liable for any loss or damage incurred as the result of any such
dealings.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because we have no control over such sites and
resources, you agree that we are not responsible for the content or
functionality of such sites. Furthermore, the existence of a link on our site
does not imply an endorsement of that site, the owners or content thereon. You
agree to be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any content, goods or services available on or through any such site or
resource.
16. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Content and software used by us, as well as
the photos, graphics, text and other material appearing on our site, are
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by us or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the anything found on our site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY LAW):
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICE.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOU or other matters by displaying
notices or links to notices to you generally on the Service.
20. TRADEMARK INFORMATION
Kiraybet.com, the Kiraybet.com logo, trademarks and service marks, and other Kiraybet.com
logos and product and service names are trademarks of Kiraybet, LLC (the "Kiraybet.com
Marks"). Without Kiraybet, LLC's prior permission, you agree not to
display or use in any manner, the Kiraybet.com Marks.
21. GENERAL INFORMATION
The TOUs constitute the entire agreement between you and Kiraybet, LLC and
govern your use of the Service, superseding any prior agreements between you
and Kiraybet, LLC. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or
third-party software. The TOU and the relationship between you and Kiraybet,
LLC shall be governed by the laws of the State of Maryland without regard to
its conflict of law provisions. You and Kiraybet, LLC agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Baltimore, Maryland. You acknowledge that Kiraybet, LLC shall have the right to
take legal action against you if your actions violate the TOU and such
violation results in damage to Kiraybet, LLC or any of its affiliates. The
failure of Kiraybet, LLC to exercise or enforce any right or provision of the TOU
shall not constitute a waiver of such right or provision. If any provision of
the TOU is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the TOU remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOU must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or
contractual effect.
22. VIOLATIONS
Please report any violations of the TOU to our Customer Service.
23. LICENSE
Kiraybet, LLC holds a license to practice U.S. Patent No. #######