<img src="http://www.glb21pkgr.com/68514.png" style="display:none;">

Terms Of Use

These Terms of Use govern your access to and use of Kaybus’ Web sites (collectively the “Site”), any information, text, graphics, or other materials appearing on the Site (the “Content”), and any services provided through the Site (the “Services”). Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use.

Modification of Terms of Use

You acknowledge and agree that Kaybus may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after Kaybus makes any such revision, you agree to be bound by the revised Terms of Use.

Privacy

See Kaybus’ Privacy Policy for information and notices concerning Kaybus’ collection and use of your personal information.

Guard Your Password

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Kaybus of any unauthorized use of your password.

Your Use of the Content

Kaybus authorizes you to download, view, and print a single copy of any Content, solely for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms of Use.

Kaybus Property

All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Kaybus and its licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website, for any purpose. Kaybus respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder’s rights. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Kaybus’ Designated Agent. All inquiries not relevant to the following procedure will not receive a response.

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

  • Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

  • Access, tamper with, or use non-public areas of the Site, Kaybus’ computer systems, or the technical delivery systems of Kaybus’ providers;

  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

  • Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Kaybus or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);

  • Send unsolicited email, junk mail, "spam", or chain letters, or promotions or advertisements for products or services;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or

  • Impersonate or misrepresent your affiliation with any person or entity.

Kaybus will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Kaybus may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Kaybus has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Kaybus is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kaybus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. Kaybus reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Kaybus also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. Kaybus will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

The Site is Available “AS-IS” THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KAYBUS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. KAYBUS MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KAYBUS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KAYBUS OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless Kaybus, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KAYBUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KAYBUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT KAYBUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, KAYBUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF KAYBUS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO KAYBUS FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KAYBUS AND YOU.

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of Kaybus to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Francisco County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Kaybus and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Kaybus and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact Kaybus at legal@kaybus.com. You can also send your request to:

Privacy Policy

Posted: January 2013

Your privacy is very important to us at Kaybus and we are committed to protecting your privacy. Please take a moment to read our Privacy Policy below. This Privacy Policy applies to the data collected through the Kaybus Web sites and services, and it describes our practices for collecting and using information and the choices you have.

Your accessing and continued use of our Web sites signifies your explicit consent to these terms and conditions of our Privacy Policy. We may update this Privacy Policy from time to time as our services change and expand. We will notify you of such changes by posting them on our site. All amendments will be automatically effective 30 days after they are posted.

Information We Collect

We may collect personal information about you, such as your name, address and email address, and other information that can be used to contact you. We will only collect such information where it is helpful for us to communicate with you, for example, to fulfill an order you place, register for a service from us, or provide you with additional information you have requested. Because of the financial nature of our business, our Web sites are not designed to appeal to children under the age of 13 and we do not knowingly request or receive any information from children.

Like many websites, Kaybus uses cookies on our Web site to collect information anonymously. A cookie is a small bit of information stored by your browser on your hard drive that is used to identify your computer. Cookies collect information like IP addresses and the name of your operating system and browser software, but they do not collect any personal information. Cookies allow us to better serve you when you visit our Web sites, and maintain the quality of interaction when you return to our Web site. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.

Use of your Information We will not sell, rent, loan or lease your personally information to others unless we have your permission or are required by law to do so. We will not use or share the personal information that you provide us online in ways unrelated to those described herein without first letting you know and seeking your consent.

We may use your contact information to tell you about other products we think might interest you. However, if you don't want us to contact you for promotional purposes, you can tell us when you provide the information. Your contact preferences only apply to marketing contact. We may need to communicate with you regarding the usability of your product or critical messages relating to your service or software (such as service messages, subscription renewal notices, critical notices, or legally mandated notices).

We use anonymous information, such as that pertaining to web pages viewed, to analyze trends, track users movements, provide a better website experience and gather broad demographic information for aggregate use. We do not use this data in a manner that would identify you personally.

How We Share Information

We may share your information with our affiliates, consultants, vendors and service providers who assist us in maintaining the Kaybus Web sites and provide related services such as fulfilling orders or providing customer service. When we supply your information to our partners and these third parties, we require them to use it only for the function they are helping us with. We do not sell, rent, or trade your personal information to any third parties, and we will not use your email address for unsolicited marketing.

We may have to disclose your information when required by law or under the good-faith belief that such disclosure is necessary to conform to applicable law, comply with legal process or protect the property, safety or interests of Kaybus, its agents, its employees or the public. Under such circumstances, Kaybus may be prohibited by law, court order or other legal process from providing notice of the disclosure, and we reserve the right to not provide such notice in its sole discretion.

Kaybus may sell, transfer or otherwise share some or all of its assets, including personal information, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In such an event, your personal information may be transferred to and used by another company. If so, you will have the opportunity to ask not to receive promotional information following any change of control.

Access to Your Information

You have the right to access and correct your personal information at any time. To review, update or make changes to your personal information, please send us an email to social@kaybus.com.

Safe Harbor

Kaybus complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland.  Kaybus has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view Kaybus’s certification, please visit http://www.export.gov/safeharbor/

Third Party Sites

Our Web sites may contain links to other Web sites for news and other information. Our Privacy Policy only applies to the Kaybus Web sites and we are not responsible for the privacy practices or the content of other Web sites. You should check the privacy policies of those sites before providing your personal information to them.

Security

We use physical, electronic and administrative safeguards, including firewall, encryption and password protection for our databases, designed to protect the security of the data collected and to prevent unauthorized access or disclosure to any of your information.

Contacting Us With Questions or Concerns

If you have any questions about this Privacy Policy, you can contact legal@kaybus.com. You can also send your request to:
Kaybus, Inc.,
Attn. Corporate Counsel,
148 Townsend Street,
San Francisco, CA 94107

Transfer to and Use in the United States

Kaybus will transfer any personal information you provide to the United States of America to use and store the information for the purposes described herein. By using our Web sites and providing us with your personal information, you consent to such transfer, use, and storage of your personal information.