Website terms and conditions

This site is owned and operated by Meilys Pena and Eric’Hershell’ Villa Tevez

(referred to here as “kAIXTA” / “we” / “us”).

 

Access to and use of www.kaixta.com (the “Site”) is provided by kaixta.com subject to the following terms and conditions

(the “Terms and Conditions”). Please read them carefully.

 

By using the Site, you acknowledge that you have read and understood these Terms and Conditions;

use of the Site constitutes your acceptance of these Terms and Conditions which take effect on the date which you first

use the Site. Kaixta reserves the right to change these terms and conditions at any time by posting changes online.

You are responsible for reviewing regularly information posted online to obtain timely notice of such changes.

Your continued use of the Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

If at any time you do not accept the Terms and Conditions, please do not use the Site.

 

General

 

All rights, including copyright, in the content of the Site are owned or controlled for these purposes by Kaixta.

Save as expressly outlined herein, you are not permitted to copy, broadcast, download, store (in any medium),

transmit, show or play in public, adapt or change in any way the content of the Site for any other purpose

whatsoever without the prior written permission of Kaixta in each and every instance.

 

Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted

in any way except for your own personal non-commercial home use and provided further that you neither

change nor delete any author, attribution, trade-mark, legend or copyright notice. When you download materials,

you do not obtain any ownership rights to any of the intellectual property in those or any other materials.

Any other use requires the prior written permission of Kaixta. You agree not to adapt,

alter or create a derivative work from any of the material contained in the Site or use it for any other purpose

other than for your personal non-commercial use. You may not modify, copy, publish, display, transmit,

adapt or in any way exploit (whether for commercial gain or otherwise) any content from the Site without our prior

written consent and without the prior written consent of all other entities with an interest in the relevant intellectual property.

 

You agree to use the Site only for lawful purposes, and in a manner which does not infringe the rights of,

or restrict or inhibit the use and enjoyment of the Site by any third party. Such restriction or inhibition includes,

without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person

and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Site.

 


You should take appropriate precautions to ensure that any content that you download is free of such viruses,

bugs and other harmful content.

 

The names, images and logos identifying Kaixta or third parties and their products and services are proprietary marks

of Kaixta and/or third parties. All rights reserved. Nothing contained herein shall be construed as conferring by implication,

estoppel or otherwise any licence or right under any trade mark or patent of Kaixta or any other third party.

You acknowledge that we own and/or control trade marks on the Site and you may not use any of them without our prior written permission.

 

The Terms and Conditions apply only to the Site and not to any of the sites which the Site hyperlinks to.

We assume no responsibility whatsoever for websites that the Site either hyperlinks to or otherwise refers to.

In particular, we do not assume any responsibility for any information or content on such sites

(including but not limited to any views, advice, opinions, advertising or recommendations).

Nor do we assume any responsibility in connection with any product or service such sites may offer.

Under no circumstances will Kaixta, its , contractors or content providers be liable, directly or indirectly,

for any loss or damage resulting from you accessing or using, or otherwise in connection with, any website either

hyperlinked to or otherwise referred to on the Site. Links do not imply that Kaixta endorses, is affiliated or

associated with any linked site or is legally authorised to use any trade mark, trade name, logo or copyright symbol

displayed in or accessible through the links or that any linked site is authorised to use any trademark, trade name,

logo or copyright symbol of Kaixta or any of its affiliates or subsidiaries.

 

We control and operate the Site from our office in Belgium. We do not represent that the content or other

information provided on the Site (including any advertising, promotion or any service) are appropriate,

relevant or available for use outside the Belgium. If you choose to access the Site from locations outside Belgium,

you so do on your own initiative and are responsible for compliance with local laws

.

In accessing the Site, you agree not to:


(i) make available or upload any files that contain software or other material, data or information not owned or licensed to you;


(ii) interfere, disrupt access to or damage the Site and/or do anything which may restrict, inhibit or impair its operation;


(iii) threaten, stalk, harass, abuse or otherwise insult others or to collect or store personal data about others

(including but not limited to names and addresses);


(iv) use the Site in any way that may damage or disrupt another person’s computer and/or for the transmission, uploading

or posting of any computer viruses or other harmful files or programs (including but not limited to making available,

distributing or uploading by any means any material or files that contain any viruses, bugs, “trojan horses”, “worms” or

other harmful software);


(v) transmit, post or upload any material which is defamatory, offensive, libellous, racist, indecent, obscene and/or of menacing

character or in such a way as to cause inconvenience, annoyance or anxiety;


(vi) make any commercial or business use of the Site or resell or commercially benefit from any part or aspect of the Site;


(vii) use the Site in any way that violates and/or infringes any firm’s, person’s or company’s rights (including by not limited to copyright or confidentiality);


(viii) create a false identity for the purpose of misleading others as to the identity of the sender or origin of a message/post;


(ix) to transmit, upload, post or otherwise make available any unauthorised or unsolicited advertising, chain letters, promotional materials,

“spam” or any other unauthorised solicitation or any form of lottery or gambling;


(x) use the Site for any unlawful purpose.

 

Save as set out in these Terms and Conditions, we do not control the content posted by you and/or other users of the Site and as

such do not guarantee the integrity, accuracy or quality of such content. By using the Site you acknowledge that you may be exposed

to content that is objectionable or offensive. You acknowledge and accept that we do not generally examine or edit the use to

which you or others put the Site or the nature of the content being accessed.

 

Your contributions

In some parts of the Site (including but not limited to the live forum discussion boards) you may send your contributions

and we welcome these. However, notwithstanding anything else contained in these Terms and Conditions, when you do so you must:

 

(i) ensure that there is nothing in your contribution which is or might be regarded as harassing, threatening,

abusive, vulgar, obscene, defamatory, racist or otherwise unlawful;


(ii) agree that even if your contribution is published on the Site, it may be removed from the Site or edited at any

time for any reason and without notice;


(iii) agree that Kaixta may publish your contribution on the Site worldwide and that it may be accessed and

downloaded by other visitors; and
(iv) waive all so-called moral rights (or other similar rights) in relation to your contributions.

 

You acknowledge that by posting, uploading or sending any materials to us you thereby grant us and our licensors and

assigns an irrevocable, unconditional, perpetual, royalty free, worldwide licence to use such material(s) or

any part of it both within the Site and in any other manner which we may determine in or sole discretion.

The licence extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials.

 

You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us,

all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements

sums paid by us as a result of any settlement agreed by us arising out of or in connection with:

 

(i) any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene

or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;


(ii) any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual

property rights of whatever nature;

and (iii) any fines or penalties imposed by any regulatory, advertising or trading body or authority in

connection with the use of the Site by you.

In addition to the above, you agree to fully indemnify us against any claims or legal proceedings

arising in connection with your use of the Site which are brought or threatened against us by any other person/company.

You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees,

arising out of a breach of these Terms and Conditions or any use of the Site by you. You further undertake that

in the event that you have any right, claim or action against any other user arising from the use of the Site,

you shall pursue such right, claim or action independently of, and without recourse to us.

Termination

We reserve the right immediately to terminate your use of the Site if you breach or we have reasonable grounds to

believe that you are likely to breach the Terms and Conditions or you otherwise engage in conduct which we determine

(in our sole discretion) to be unacceptable.

Advertising and sponsorship

Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring

that material submitted for inclusion on the Site complies with relevant laws, codes and regulations.

We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in

any advertising or sponsorship material.