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TERMS AND CONDITIONS OF
USE Use of this site (the "Site") is
governed by the Terms and Conditions set forth.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BEFORE USING THIS WEBSITE. The information and
materials provided by Killer App Technologies™ may be
used for informational purposes only. By using,
accessing or downloading materials from this
website you agree to follow the terms and
provisions as outlined in this legal notice. The
Site, including without limitation any content,
software and services offered thereon, are the
property of Killer App Technologies™ and/or its
suppliers. It is protected by the copyright
and/or other intellectual property laws of the
United States and internationally. You are
hereby authorized solely to view and to retain a
copy of pages of this Site for your own personal
use. Do not duplicate, publish, modify, or
otherwise distribute the material on this Site
unless specifically authorized in writing by
Killer App Technologies™ to do so. No other use of
the materials or information is authorized. Any
violation of the foregoing may result in civil
and/or criminal liabilities.
Killer App Technologies™ reserves the right
to revise these terms and/or legal restrictions
at any time. You are responsible for reviewing
this page from time to time to ensure compliance
with the then-current terms and legal
restrictions. Certain provisions of these terms
and legal restrictions may be superseded by
expressly designated legal notices or terms
located on particular pages of this website. If
you do not agree to these Terms and Condition of
Use, please do not use this website.
DISCLAIMER
Killer App Technologies™ strives to provide you
with useful, accurate, and timely information on
this website. Accordingly, Killer App Technologies™
has attempted to provide accurate information
and materials on the Site but assumes no
responsibility for the accuracy and completeness
of that information or materials. While we make
every effort to assure the accuracy of the
information, we do not assume any liability for
inaccuracies. Killer App Technologies™ may change the
content of any information or materials
available on this website, or to the products
and services that it offers, at any time without
notice. Neither Killer App Technologies™, nor its
officers, directors, employees, agents,
distributors, or affiliates are responsible or
liable for any loss damage (including, but not
limited to, actual, consequential, or punitive),
liability, claim, or other injury or cause
related to or resulting from any information
posted on Killer App Technologies™ website or in connection
with any services provided.
LICENSE TO USER CONTENT
With respect to User Content you elect to
post or transmit for inclusion in or on the
Site, you grant Killer App Technologies™ and its
affiliates and partners the perpetual,
world-wide, royalty free, non-exclusive,
sub-licensable license as follows: to use,
reproduce, translate, alter, perform, display,
modify, adapt, and publish such User Content, in
whole or in part, in all present and future
media and in any manner relating to the Site
(including without limitation in connection with
the appearance of such User Content on
Killer App Technologies™ and on the sites of our
affiliates, partners and others with whom
Killer App Technologies™ may have business
relationships relating to the Site) and the
distribution and promotion of the Site. You
further agree that Killer App Technologies™ is free
to use any ideas, know-how, concepts, techniques
or other materials you send us for any purpose.
Without limitation of any of the rights
granted to Killer App Technologies™ herein, you
acknowledge and agree that Killer App Technologies™
may preserve User Content and may also disclose
User Content if required to do so by law or in
the good faith belief that such preservation or
disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the Terms
and Condition of Use; (c) respond to claims that
any User Content violates the rights of
third-parties; or (d) protect the rights,
property, or personal safety of
Killer App Technologies™, its users and the public.
LINKS TO OTHER WEBSITES
As a convenience and to make the Site truly
service-oriented we may include links to various
sites on the Internet. These sites are owned and
operated by third parties. Killer App Technologies™
makes no representation and is not responsible
for the availability of, or content located on
or through, these third party sites. A third
party link from Killer App Technologies™ website
is not an indication that Killer App Technologies™
endorses the third party or its site, or has any
affiliation with or between Killer App Technologies™
and the third party site.
YOUR OBLIGATIONS In
consideration of your use of the Site, you agree
to: (a) provide true, accurate, current and
complete information about yourself as prompted
by the Site's registration form (such
information being the "Registration Data"). If
you provide any information that is untrue,
inaccurate, not current or incomplete, or
Killer App Technologies™ has reasonable grounds to
suspect that such information is untrue,
inaccurate, not current or incomplete,
Killer App Technologies™ has the right to suspend,
terminate, or refuse any and all current or
future use of the Site (or any portion thereof).
All content submitted by you through the
Killer App Technologies™ service are your sole
responsibility. We do not verify, edit, endorse,
or recommend any of the claims, products or
services offered. You agree not to provide
advertising or links to a website that contains
or promotes pornography, racism, profanity,
hatred, pyramid schemes, or illegal or
objectionable material. Any URL or advertising
submission may be removed without refund for
posting any content or the offering of products
or services that are may be illegal; for the
fraudulent use of this service; the infringement
of rights of a third party; or in response to a
court order or other judicial or governmental
action.
Killer App Technologies™ submits the
information you have provided through our
submission form but has no control over your
information after it is submitted. Your listing
may not be added to any specific site that we
attempt to submit to. The list of sites we
submit to is subject to change without notice.
Killer App Technologies™ is not affiliated,
associated, or authorized in any way, with any
of the Search Engines, Directories, Advertising
Sites, or Link Pages that we submit to. The
Search Engine logos displayed on this site are
presented only to identify certain sites that
allow website or advertising submission and no
affiliation or endorsement is implied.
Prior to the expiration of your selected
term of service, we send you a reminder by
e-mail. Your account will then renew
automatically for another term at the same rate
unless you cancel.
INDEMNITY You agree
to indemnify and hold Killer App Technologies™, its
subsidiaries, affiliates, officers, agents,
co-branders, and other partners and employees,
harmless from any loss, liability, claim or
demand, including reasonable attorney's fees,
made by any third party due to or arising out of
User Content you submit, post to, or transmit
through the Site, your use of the Site,
including your use of the Site to provide a link
to another Site or to upload content or other
information to the Site, or your violation of
the Terms of Use or any applicable laws or the
rights of another. You agree to indemnify
Killer App Technologies™ from any claims of libel,
copyright or trademark violation, plagiarism,
privacy and other suits or claims based on the
content or subject matter of your submission.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the Site is at your sole
risk. The Site, and its content, are delivered
on an "as is" and "as available" basis.
Killer App Technologies™ expressly disclaims all
warranties of any kind, whether express or
implied, including, but not limited to, the
implied warranties of merchantability, fitness
for a particular purpose, or non-infringement.
Killer App Technologies™ makes no warranty that the
Site or any related services, such as email,
links, or searches offered on the Site will be
error-free, uninterrupted, timely, secure, or
that it will provide specific results from use
of the Site or any content, search or link
therein.
Any material viewed,
downloaded, or otherwise obtained through the
use of the Site is done solely at your own
discretion and risk, and Killer App Technologies™
will not be liable for any damages of any kind
arising from the use of the Site, including,
without limitation, direct, indirect,
incidental, punitive, or consequential damages.
No advice or information, whether oral
or written, obtained by you from
Killer App Technologies™ or through or from the Site
shall create any warranty not expressly stated
in the Terms of Use. Neither Killer App Technologies™
nor any of its data or content providers shall
be liable for any errors or delays in the
content, or for any actions taken in reliance
thereon. No specific results are guaranteed as a
result of our advertising programs.
Killer App Technologies™ does not guarantee any
sales, profits or other benefits derived from
our services.
LIMITATION OF
LIABILITY You expressly understand and
agree that Killer App Technologies™ shall not be
liable for any 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 Killer App Technologies™ has been advised of
the possibility of such damages), resulting
from: (i) the use or the inability to use the
Site; (ii) the cost of procurement of substitute
goods or services resulting from any goods,
data, information or services purchased or
obtained or messages received or transactions
entered into through or from the Site; (iii)
unauthorized access to or alteration of your
transmissions or data; (iv) statements or
conduct of any third party on the Site; or (v)
any other matter relating to the Site or the
content thereon, including without limitation
any user content posted thereon.
EXCLUSIONS AND
LIMITATIONS Some jurisdictions do not
allow the exclusion of certain warranties or the
limitation or exclusion of liability for
incidental or consequential damages.
Accordingly, some of the above limitations may
not apply to you.
MODIFICATIONS TO SITE
Killer App Technologies™ reserves the right at
any time and from time to time to modify or
discontinue, temporarily or permanently, the
Site (or any part thereof) with or without
notice. You agree that Killer App Technologies™ shall
not be liable to you or to any third party for
any modification, suspension, or discontinuance
of the Site.
TERMINATION OF
USE Killer App Technologies™ may, in its sole
discretion, terminate or suspend your access to
all or part of the Site for any reason,
including without limitation, breach of this
agreement. In the event this agreement is
terminated, the restrictions and copyrights
regarding materials appearing on the site and
the representations and warranties, indemnities,
and limitation of liabilities set forth in this
agreement shall survive any such termination.
ENTIRE AGREEMENT The
Terms and Conditions of Use constitutes the
entire agreement between you and
Killer App Technologies™ and governs your use of the
Site, superseding any prior agreements between
you and Killer App Technologies™. You may also be
subject to additional terms and conditions that
may apply when you use affiliate services,
third-party content, or third-party software.
GOVERNING LAW, JURISDICTION
AND VENUE This Agreement shall be
governed by and construed in accordance with international laws exclusive of its
choice of law principles. The international
courts shall have exclusive jurisdiction and
venue over any dispute arising out of or
relating to this Agreement, and each party
hereby consents to the jurisdiction and venue of
such courts.
GENERAL
PROVISIONS If any provision of this
agreement is deemed void, unlawful or otherwise
unenforceable for any reason, that provision
shall be severed from this agreement and the
remaining provisions of this agreement shall
remain in force. This contains the entire
agreement between you and Killer App Technologies™
concerning your use of the site, and the
agreement shall not be modified, except in
writing, signed by both parties. If you have
questions regarding Killer App Technologies™, please
contact us. To review Killer App Technologies™
Privacy Policy, click here.
COPYRIGHT AND TRADEMARK
INFORMATION You hereby acknowledge and
agree that, as between Killer App Technologies™ and
you, all right, title, and interest in and to
the Site and the provision thereof, including
without limitation any patent rights, patents,
business methods, copyrights, trademarks, trade
secrets, inventions, know-how, and all other
intellectual property rights pertaining thereto,
shall be owned exclusively by
Killer App Technologies™. Except as expressly
authorized by Killer App Technologies™ herein, you
agree not to make, copy, display, modify, rent,
lease, license, loan, sell, resell, distribute,
exploit for any commercial purposes, or create
derivative works of the Site (including but not
limited to white papers, press releases, data
sheets, product descriptions, and FAQs), in
whole or in part. You agree not to access the
Site by any means other than through the
interface that is provided by
Killer App Technologies™ for use in accessing the
Site. In connection with your use of the Site,
Killer App Technologies™ may make software available
to you for download from the Site; your download
and use of such software shall be pursuant to a
separate license agreement that shall be agreed
to upon your download or installation of such
software. Any rights not expressly granted
herein are reserved.
Killer App Technologies™ trademarks may be
used only with written permission from
Killer App Technologies™. All other trademarks,
brands, and names are the property of their
respective owners. Except as expressly specified
in these terms and legal restrictions, nothing
contained herein shall be construed as
conferring by implication, estoppel or otherwise
any license or right under any patent,
trademark, copyright or any proprietary rights
of Killer App Technologies™ or any third party.
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