Terms & Conditions
Katmai offers a cloud-based 3D video chat software application to authorized users of its customers on a software-as-a-service basis. Any access and use by you of such software and service is subject to the terms and conditions of the Master Subscription Agreement between Katmai and its customer and the End-User-License-Agreement between you and Katmai.
The Website is not for use by anyone under the age of 16. To use the Website, you agree that you are at least 16 years old.
1. CONTENT ON THE WEBSITE
All text, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, videos, artwork, drawings, documents and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained or displayed on the Website is owned, controlled or licensed by or to Katmai, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. Katmai reserves all rights in such Content and the Website.
You may use information on Katmai products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Katmai for downloading from the Website, provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information or documents.
2. PROHIBITED USE OF THE WEBSITE
a) You will not use the Website to communicate, display, broadcast, or add any information or data to the Website that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, or hateful, that is religiously, racially, or ethnically offensive; (ii) encourages illegal or tortious conduct; (iii) infringes the intellectual property or other rights of third parties; or (iv) is otherwise inappropriate.
b) You will not communicate in, or upload to, the Website any data or information that:
i. may not be disclosed to others pursuant to any restrictions under a confidentiality agreement or trade secret law;
ii. contains or constitutes personal information that you do not have a lawful basis to process;
iii. constitutes or may constitute a breach of, or threat to, the security of the Website, including but not limited to, any electronic information containing software designed to damage or disrupt a system, such as a virus, worm, or Trojan Horse;
iv. may not be transferred outside of your jurisdiction under applicable law, including but not limited to, export restrictions, privacy laws, or laws regulating the transfer of information or data concerning or comprising munitions or weapons (including without limitation International Traffic in Arms Regulations, 22 C.F.R. §§ 120-130) or equivalent foreign laws;
v. constitutes information or data that may not lawfully be processed or possessed under applicable law.
c) You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, extract, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Katmai reserves the right to bar any such activity.
d) You will not interfere with the proper functioning of the Website.
e) You will not record or broadcast any images, video, or audio of any part of the Website without Katmai’s permission.
f) You will not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Katmai server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
g) You will not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Katmai, including any Katmai account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
3. THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITES
If Katmai provides hyperlinks to Third Party Websites it does so only for the convenience of its users. By providing hyperlinks to Third Party Websites, Katmai does not endorse such Third Party Websites or recommend that its users access such Third Party Websites.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY KATMAI, WHETHER EXPRESSED, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS KATMAI LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
4. DISCLAIMER OF WARRANTIES
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY KATMAI ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KATMAI AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KATMAI DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU; THEIR SERVERS; OR E-MAIL SENT FROM KATMAI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
5. LIMITATION OF LIABILITY
KATMAI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF KATMAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold Katmai and its affiliates, and its and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Katmai or its affiliates by any third party due to or arising out of or in connection with your use of the Website or any Content.
7. KATMAI’S PRIVACY AND SECURITY PRACTICES
If you need support for your use of the Website, please contact Katmai technical support at [firstname.lastname@example.org.]
9. GOVERNING LAW; DISPUTE RESOLUTION
Katmai Tech Inc, 99 Madison Ave 8th Floor, New York NY 10016