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Terms of Services
TERMS OF SERVICES
LAST UPDATE: February 2023
The financial Services of the Katheer Project are not directed to individuals under the age of eighteen (18). However, the Katheer OS can be used without an age limitation considering the parenting control option in the OS. By accessing or using The Katheer, you represent and warrant that you are of legal age to form a binding contract with Katheer Limited and meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use The Katheer.
THE KATHEER PROJECT
The Katheer Project enables users such as you to create, buy, transfer, and trade unique digital application, services, games and assets in digital art (each, an “Asset” and together, the “Assets”), which can then be used on The Katheer OS. An asset may be made available to users of The Katheer OS, and you will control the pricing and business model (free, free-2-use or premium) of the Katheer assets.
By utilizing our Services, you affirm that you are aware and acknowledge that Katheer Limited is a non-custodial provider of software services that has developed and distributed The Katheer OS where the Services occur without any involvement or actions taken by Katheer Limited or any third-party.
DIGITAL ASSET CREATION AND APPLICATION / GAME DEVELOPMENT
You may create, develop, upload, and exchange Assets, Applications, Features and Games that comply with these Terms, including the following requirements:
- Assets can be created in the Katheer NFT Editor or using external services.
- Assets, Applications, Features and Games must comply with the Metadata Specifications (defined and included below).
- Assets, Applications, Features and Games must not be pornographic, threatening, harassing, libellous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal, as will be determined by Katheer Limited in its sole discretion.
- You are solely responsible for ensuring that any Assets you submit to the Services comply with any applicable laws and third-party rights, including but not limited to any intellectual property rights, privacy rights and publicity rights.
- Katheer Limited always has the right, in its sole discretion, to accept or reject any Assets, Applications, Features or Games.
You may purchase Assets, Applications, Features and Games within The Katheer OS. Within Katheer NFT Editor, you may edit your Metadata to adjust title, description, URL link, preview image, and logo. All Metadata (and any URL, images, or logos to which it links or that are uploaded) must comply with these Terms and specifically cannot link to or contain any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal. We reserve the right to moderate and/or delete any Metadata that does not comply with these Terms.
SALE OF ASSETS, APPLICATION AND GAMES; PAYMENT
You may develop your Application / Games or create your Asset eligible to be sold in the Katheer OS K Store or marketplace. You and Katheer Limited community shall mutually agree on the price for the Assets, Applications, Features and Games in the KAH token. You will control the scarcity of the Assets, Applications, Features or Games in the Katheer OS K Store or marketplace. Any revenue earned in the Katheer OS K Store or marketplace for sales of the Assets, Applications, Features or Games, minus any transaction fees, shall be paid to you immediately on the blockchain by the purchaser of your Assets, Applications, Features or Games. Assets, Applications, Features or Games may be made available for sale to users of the Katheer OS and you will control the pricing and business model (free, subscription or premium) of the Assets, Applications, Features or Games.
If you elect to purchase and/or sell Assets, Applications, Features or Games on the Katheer OS, any financial transactions that you engage in will be conducted solely through the Binance Smart Chain network via MetaMask (or other BSC-compatible wallets and browsers). Katheer Limited has no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, Katheer Limited will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in on the Katheer OS.
Each sales transaction that occurs in the Katheer OS will be subject to a fee payable by the purchaser to Katheer Limited. Such fee will be automatically applied as part of the sales transaction.
As between you and Katheer Limited, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on Katheer Limited’s net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Katheer OS (including, without limitation, any Taxes that may become payable as a result of your ownership, transfer, or creation of any Assets, Applications, Features or Games).
OWNERSHIP OF KATHEER LIMITED CONTENT
By using the Services, you will encounter “Katheer Limited Content”, which includes all of the images, text, information, data, audio, video, applications, graphics and other material included on, or otherwise made available through the Services, excluding yourAssets, Applications, Features or Games. Except as otherwise set forth in these Terms, we do not claim ownership over your Assets, Applications, Features or Games.
All Katheer Limited Content is owned by Katheer Limited or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and Katheer Limited and its licensors, Katheer Limited or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all Katheer Limited Content that we or our licensors create and that we make available to you through the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. All logos and trademarks, service marks, logos and trade names displayed on or in connection with the Services are the registered and unregistered trademarks and service marks of Katheer Limited or third parties in the United States and/or other countries. Your use of the Services does not grant you any ownership over any Katheer Limited Content, and except for the limited license we grant you under these Terms, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of Katheer Limited or any third party. We reserve all rights not expressly granted to you in these Terms.
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Services as they are provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or Katheer Limited Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Services or Katheer Limited Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
All software and software-as-a-service used in connection with the Services (“Software”) is proprietary to Katheer Limited or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You agree that Katheer Limited may update the Software without notice, at any time and in our sole discretion, and that these Terms will apply to any updated versions.
OWNERSHIP OF ASSETS, APPLICATION AND GAMES
During the operation of the Services, you may upload certain Assets, Applications, Features or Games that you have created to The Katheer OS in accordance with these Terms. Except as otherwise set forth in these Terms, you remain the owner of your Assets, Applications, Features or Games at all times, and Katheer Limited does not claim any ownership rights in your Assets, Applications, Features or Games. Assets, Applications, Features or Games are otherwise subject to the following provisions. These Terms apply to all Assets, Applications, Features or Games that you contribute to The Katheer OS or to any Katheer Limited website.
By using the Services, you grant Katheer Limited a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), transferable right and license to use, reproduce, publicly display, distribute and adapt the publicly shared Assets, Applications, Features or Games for the purposes of developing, distributing, providing, improving, and promoting the Services, our activities, and your publicly shared Assets, Applications, Features or Games. You further grant Katheer Limited the right to use your name and trademarks, if any, in connection with our use of your publicly shared Assets, Applications, Features or Games.
You may make your Assets, Applications, Features or Games available for purchase in The Katheer OS. Each Asset is a non-fungible token (a “NFT”) on the blockchain. When you upload an Asset and make it available for sale in The Katheer marketplace, you retain ownership of all intellectual property rights associated with such Asset but you agree to make a certain number of the Assets available for sale as NFTs. End users who purchase the Asset own that underlying, purchased NFT completely and have the right to sell, trade, donate, give away, transfer, or otherwise dispose of the NFT as they see fit; provided, however, that each Asset will be tokenized so that it will have provable scarcity and proof of ownership.
Katheer Limited attempts to make sure that all Assets, Applications, Features or Games uploaded to The Katheer OS are uploaded and made available for sale by their original creator, but Katheer Limited is not liable if another user breaches any of our terms and conditions (including these Terms) and/or creates Assets, Applications, Features or Games of which they are not the original creator.
“User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
ACCEPTABLE USE POLICY
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
KATHEER NFTs SERVICE
1. ACQUIRING NFTS
(a) Purchasing NFTs. You can purchase NFTs in two ways: (a) by buying NFTs from us on the marketplace or the Katheer OS; or (b) by buying NFTs from other users in the Katheer NFTs marketplace (the “Marketplace”). We reserve the right to modify the types, prices, and numbers of NFTs available at our discretion.
(b) Earning NFTs. You may be able to earn NFTs for free by participating in certain challenges or marketing campaigns, or by completing certain in-OS tasks that we may make generally available from time to time.
(c) Characteristics of NFTs. NFTs include content from one of our IP Partners. Each NFT has a defined set of attributes – including scarcity – which help determine the value of the NFT.
(d) Subjectivity of NFTs. The value of each NFT is inherently subjective, in the same way the value of other collectibles is inherently subjective. Each NFT has no inherent or intrinsic value.
Any purchase or sale you make, accept or facilitate outside of the Katheer OS or the Marketplace of NFTs will be entirely at your risk. We do not control or endorse purchases or sales of NFTs outside of the Katheer OS or the Marketplace. We expressly deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the Katheer OS or the Marketplace.
(a) Financial Transactions onthe Katheer OS or the Marketplace. Any payments or financial transactions that you engage in via the Katheer OS or the Marketplace will be conducted solely through the BSC Network. We have no control over these payments or transactions, nor do we have the ability to reverse any payments or transactions. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Katheer OS or the Marketplace, or any other payment or transactions that you conduct via the BSC Network. We do not provide refunds for any purchases that you might make on or through the Katheer OS or the Marketplace – whether for NFTs or anything else.
3. OWNERSHIP, LICENSE, AND OWNERSHIP RESTRICTIONS
Your ownership of NFTs will only be recognized by us if you have purchased or otherwise rightfully acquired such NFTs from a legitimate source and not through any of the Category 2 prohibited activities (as defined below).
For the purposes of this Section 3, the following capitalized terms will have the following meanings:
“Art” means any art, design, and drawings (in any form or media, including, without limitation, video or photographs) that may be associated with a NFT that you Own.
“Own” means, with respect to a NFT, a NFT that you have purchased or otherwise rightfully acquired from a legitimate source (and not through any of the Category 2 Prohibited Activities (as defined below)), where proof of such purchase is recorded on the BSC Network.
“Purchased NFT” means a NFT that you Own
“Third Party IP” means any third-party patent rights, copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
(a) Ownership of NFT. Because each NFT is an NFT on the BSC Network, when you purchase a NFT in accordance with these Terms (and not through any of the Category 2 Prohibited Activities), you own the underlying NFT completely. This means that you have the right to swap your NFT, sell it, or give it away. Ownership of the NFT is mediated entirely by the BSC Network. Except as otherwise permitted by these Terms in cases where we determine that the NFT has not been rightfully acquired from a legitimate source (including, without limitation, through any of the Category 2 Prohibited Activities), at no point will we seize, freeze, or otherwise modify the ownership of any NFT.
(b) We Own the Katheer OS or the Marketplace. You acknowledge and agree that we (or, as applicable, our licensors) owns all legal right, title and interest in and to all other elements of the the Katheer OS or the Marketplace, and all intellectual property rights therein (including, without limitation, all Art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Katheer OS or the Marketplace). You acknowledge that the Katheer OS or the Marketplace Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All the Katheer OS or the Marketplace Materials are the copyrighted property of us or our licensors, and all trademarks, service marks, and trade names associated with the Katheer OS or the Marketplace or otherwise contained in the Katheer OS or the Marketplace Materials are proprietary to us or our licensors.
(d) Further User Ownership Acknowledgements. For the sake of clarity, you understand and agree: (1) that your purchase of a NFT, whether via the Katheer OS or the Marketplace or otherwise, does not give you any rights or licenses in or to thethe Katheer OS or the Marketplace Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (2) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Katheer OS or the Marketplace Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (3) that you will use or attempt to use any of our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
(e) User License to Art. Subject to your continued compliance with these NFT Terms, we grant you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased NFTs, solely for the following purposes: (1) for your own personal; (2) as part of a marketplace that permits the purchase and sale of your Purchased NFTs, provided that the marketplace cryptographically verifies each NFT owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art; or (3) as part of a third party website or application that permits the inclusion, involvement, or participation of your Purchased NFT, provided that the website/application cryptographically verifies each NFT’s owner’s rights to display the Art for their Purchased NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased NFT leaves the website/application.
(f) Restrictions on Ownership. You agree that you may not, nor permit any third party to do or attempt to do any of the foregoing without our (or, as applicable, our licensors’) express prior written consent in each case: (a) modify the Art for your Purchased NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (b) use the Art for your Purchased NFT to advertise, market, or sell any third party product or service; (c) use the Art for your Purchased NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (d) use the Art for your Purchased NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in these Terms or solely for your own personal or commercial use; or (e) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased NFT.
4. CONDITIONS OF USE AND PROHIBITED ACTIVITIES
You agree that you are responsible for your own conduct while accessing or using the Katheer OS or the Marketplace, and for any consequences thereof. You agree to use the Katheer OS or the Marketplace only for purposes that are legal, proper and in accordance with these terms and any applicable laws or regulations.
Without limiting the foregoing, you warrant and agree that your use of the Katheer OS or the Marketplace will not (and will not allow any third party to) in any manner:
(A) involve the sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
(B) involve the distribution of any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
(C) involve the uploading, posting, transmitting or otherwise making available through the Katheer OS or the Marketplace any content that infringes the intellectual proprietary rights of any party;
(D) involve using the Katheer OS or the Marketplace to violate the legal rights (such as rights of privacy and publicity) of others;
(E) involve engaging in, promoting, or encouraging illegal activity (including, without limitation, money laundering);
(F) involve interfering with other users’ enjoyment of the Katheer OS or the Marketplace;
(G) involve removing any copyright, trademark or other proprietary rights notices contained in or on the Katheer OS or the Marketplace or any part of it;
(H) involve displaying any content on the Katheer OS or the Marketplace that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
(I) involve abusing, harassing, or threatening another user of the Katheer OS or the Marketplace or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers;
(J) involve acquiring NFTs through inappropriate or illegal means (including, among other things, using a stolen credit card, or a payment mechanism that you do not have the right to use, or purchasing a NFT and then attempting to charge the cost back to your payment method while still maintaining ownership or control of the NFT or selling, gifting or trading the NFT to someone else); or
(K) involve using any abusive, defamatory, ethnically or racially offensive, harassing, harmful, hateful, obscene, offensive, sexually explicit, threatening or vulgar language when communicating with another user of the Katheer OS or the Marketplace or any of our authorized representatives, customer service personnel, chat board moderators, or volunteers.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section Error! Reference source not found., and/or reporting you to law enforcement authorities.
REPRESENTATIONS AND WARRANTIES
You warrant and represent that: (a) you own or otherwise control all of the rights to your Assets, Applications, Features or Games; (b) the Assets, Applications, Features or Games are your original creations and are solely the result of your artistic effort; (c) the Assets, Applications, Features or Games are free and clear of liens or encumbrances from any source whatsoever; (d) you know of no adverse claims to the Assets, Applications, Features or Games; (e) you have secured or will have secured prior to submitting the Assets, Applications, Features or Games to Katheer Limited, any and all necessary rights, clearances and/or licenses with respect to the Assets, Applications, Features or Games, and any other materials and elements embodied in or used in connection with the Services; (f) none of the Services and/or other materials provided, created, produced, compiled, developed or otherwise supplied hereunder, shall violate or infringe upon the copyright, trademark, privacy, creative or other rights of any person, firm, corporation or other third party by reason of distribution, exhibition or other use; (g) any Assets, Applications, Features or Games you upload to The Katheer OS is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive; and (h) you have not entered into and will not enter into any agreement adverse to or inconsistent with these Terms.
We appreciate your feedback and suggestions about our Services and you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
RIGHT TO MONITOR, MODERATE, OR REMOVE
You agree that you bear all risks associated with your Assets, Applications, Features or Games. You are solely responsible for safeguarding your Assets, Applications, Features or Games, and Katheer Limited has no duty to store copies of Assets, Applications, Features or Games for future availability to you or any user except as otherwise provided under these Terms. Katheer Limited does not permit the infringement of intellectual property rights on the Services, and will remove Assets, Applications, Features or Games from the Services if properly notified that such Assets, Applications, Features or Games infringe on another’s intellectual property rights. We reserve the right to remove Assets, Applications, Features or Games from the Services, in whole or in part, without prior notice, for any reason or for no reason at all. Without limiting our right to terminate a user pursuant to these Terms, we reserve the right to terminate the developer account (NOT THE KATHEER OS USER ACCOUNT) of any user of the Services who has been notified of infringing activity and/or has had Assets, Applications, Features or Games removed from the Service. We also reserve the right to decide whether Assets, Applications, Features or Games are appropriate and comply with these Terms for violations other than violations of intellectual property law. This shall extend to the right of Katheer Limited to edit, modify, moderate, re-format, change or otherwise remove all or part of the descriptions, comments and/or annotations that you and/or third parties add and/or make in relation to your Assets, Applications, Features or Games in any manner that we may determine, whenever we deem it appropriate.
(a) You agree to indemnify and hold Katheer Limited, its directors, officers and employees harmless from and against any claims, causes of action, demands, loss or damage by reason of (i) a breach of any representation, warranty or covenant hereunder, (ii) any exhibition, presentation, distribution or exploitation of your Assets, Applications, Features or Games or any rights therein, and (iii) the negligence, fault or default of you, your employees, authorized agents, servants or independent contractors hired by you, or any subcontractor hired by any of the foregoing. (b) You shall comply with all applicable state, city, and federal laws, ordinances, codes, and regulations which affect your creation of any Assets, Applications, Features or Games under these Terms and/or your relationship with Katheer Limited. (c) You agree to notify Katheer Limited promptly, in writing, of any legal claim or action of which you have knowledge, which is in any way related to these Terms, your Assets, Applications, Features, Games, or your obligations hereunder. (d) The warranties, representations and indemnifications contained herein shall survive any termination or expiration of these Terms or your relationship with Katheer Limited.
RESTRICTIONS AND OBLIGATIONS
It is important to Katheer Limited that the Services be used safely, and in accordance with the law, for the enjoyment of all users. You agree that you will not use the Services to:
- Decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Services, Katheer Limited Content, Assets, Applications, Features or Games, except as permitted by these Terms;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Transmit any material or content that is pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal;
- Transmit any material or content that is inappropriate for families or otherwise suitable only for adults;
- Transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- 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;
- Transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
- Transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
- Use the services in a manner that (a) is likely to interrupt, suspend, slow down or hinder the continuity of the Services, (b) constitutes an intrusion or attempt to break into the Services or Katheer Limited’s computer or networking systems, (c) will divert of the Services’ system resources, (d) may place a disproportionate load on the infrastructure of the Services, and (e) constitutes an attack on security and authentication measures of the Services or Katheer Limited’s computer or networking systems;
- Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans); and/or
- Otherwise use the Services for purposes other than those for which they were designed.
- Engage in activity which operates to defraud Katheer Limited, Katheer Limited users, or any other person.
- Engage in gambling, casino-style games, or games of chance.
DISCLAIMERS; LIMITATION OF LIABILITY
NOTHING IN THESE TERMS WILL PREJUDICE THE STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER OF THE SERVICES. SOME COUNTRIES, STATES, PROVINCES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE BELOW TERMS MAY NOT FULLY APPLY TO YOU. INSTEAD, IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIMITATIONS BELOW SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAWS OF SUCH JURISDICTION.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY KATHEER LIMITED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KATHEER LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, KATHEER LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KATHEER LIMITED DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, KATHEER LIMITED WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS THESE TERMS. FURTHER, TO THE FULL EXTENT PERMISSIBLE BY LAW, KATHEER LIMITED’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS WILL NOT EXCEED US $100.00. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE COMPENSATION.
MODIFYING AND TERMINATING THE SERVICE
At any time and without notice, Katheer Limited reserves the right to modify or stop offering all or part of the Services. Katheer Limited may, in its sole discretion and at any time, terminate your rights to create and/or upload Assets, Applications, Features or Games, and/or block or prevent your access to and use of the development Services, however, that you will remain the owner of your Assets, Applications, Features or Games in accordance with these Terms.
OTHER WEBSITES AND SERVICES
GOVERNING LAW; FORUM
The rights and obligations of the parties hereunder and the interpretation of these Terms will be governed by the laws of New Zealand, without giving effect to its principles of conflicts of law. If either party brings against the other party any proceeding arising out of these Terms, that party may bring proceedings only in the courts of New Zealand and no other courts, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding.
Katheer Limited reserves the right to amend these Terms at any time by posting a notice on this page. Any user using the Services after an amendment has become effective accepts the Terms as amended. A user who does not accept the amended Terms shall cease use of the Services.