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TERMS OF USE
1. Copyrights
This Site and the materials within and all artwork are © 2007 Kangalope
2. Limited Use License
Kangalope grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), screen scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to Kangalope that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Kangalope relating to the sale of products or services to you through this Site, Kangalope will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
3. User Conduct
As a condition to your use of this web site and the Service, you agree not to:
a) upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;
b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
c) upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights;
d) 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;
e) 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;
f) reverse engineer, decompile or disassemble any of the software used to provide this web site or the Service;
g) interfere with or disrupt this web site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or Obtain, collect, store or modify the personal information about other users;
h) use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site for competitive or commercial purposes. Kangalope reserves the right to block automated programs that do not comply with these restrictions; or
i) take any events from Kangalope and reformat and display them, or mirror Kangalope results on any other website, including but not limited to competitive or commercial web sites.
Kangalope reserves the right to investigate and, if appropriate, prosecute violations of any of the above to the fullest extent of the law. Kangalope may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kangalope has no obligation to pre-screen or monitor your access to or use of this web site or the Service or any information, materials or other content provided or made available through this web site, but has the right to do so for the purpose of operating this web site and the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that Kangalope may, in the exercise of Kangalope's sole discretion, remove or delete any postings, information, materials or other content that violates these Terms or that is otherwise objectionable.
If you want to make competitive or commercial use of Kangalope, you must enter into an agreement with Kangalope to do so in advance. Please contact us for more information.
4. No Spam Policy
You understand and agree that sending unsolicited email advertisements to Kangalope email addresses or through Kangalope computer systems is expressly prohibited by these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.
5. Trademarks, Service Marks & Logos
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Kangalope and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Kangalope aggressively enforces its intellectual property rights to the fullest extent of the law. Kangalope’s name, the Kangalope logo or the other Kangalope formative marks and/or logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written permission from Kangalope. Kangalope prohibits use of the Kangalope logo as part of a link to or from any site unless establishment of such a link is approved in advance by Kangalope in writing. Fair use of Kangalope’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners and their use shall not be considered endorsement of such products or companies unless specifically so stated.
6. Product Orders
While we will use our best efforts to fulfill all orders, Kangalope cannot guarantee the availability of any particular product displayed on this Site. Kangalope reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or
sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local
sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. Kangalope reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
7. Refunds
Memberships
Users may only request a refund for Kangalope.com memberships (ticket refund requests must be made directly to the ticket vendor - see below). Kangalope.com refund requests must be made within 5 days from the date of purchase. Refund requests must be sent to info@kangalope.com. In the email please state the account name, confirmation/transaction number, date of purchase & reason.
Ticket Sales
Please read the Terms and Conditions of Sale that were provided at the time of your ticket purchase. These Terms and Conditions should supply all the information you need and they govern the ticket sale transaction as between you and the ticket vendor. Kangalope.com is not the seller of tickets and is not responsible for ticket
sales . If you need a refund for tickets please contact the ticket vendor directly.
8. Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than Kangalope. Such links are provided for your reference and informational purposes only. Kangalope does not control outside Sites and is not responsible for their content. Kangalope’s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or the views and opinions expressed thereon, or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Kangalope’s inclusion of the links imply that Kangalope is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF THE KANGALOPE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
9. NO WARRANTIES; EXCLUSION OF LIABILITY
KANGALOPE MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE KANGALOPE AND KANGALOPE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. KANGALOPE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER KANGALOPE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Contacting Us
If you have any questions about this agreement, please email us at info@kangalope.com.
Although Kangalope will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Kangalope does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
11. General
You agree that this agreement and your use of this Site are governed by the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New Jersey, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Kangalope has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of Kangalope, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Morristown, New Jersey, . The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
[You agree that Kangalope may at any time and without notice change the terms, conditions and notices under which this Site is offered.]
You agree that no joint venture, partnership, employment or agency relationship exists between you and Kangalope as a result of this agreement or your use of this Site.
Kangalope’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Kangalope’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Kangalope with respect to such use.
This agreement, the privacy statement, and terms of sale constitute the entire agreement between you and Kangalope with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Kangalope with respect to this Site. No modification of this agreement shall be effective unless it is authored by Kangalope, Inc. or its affiliates, or unless it is physically signed in blue ink by a Kangalope officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Kangalope in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Kangalope in printed form.
Copyright © 2007 Kangalope
All Rights Reserved.
Last modified: April 6, 2008
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