Kuposoft - Software Consulting and Web Application Development

PRIVACY POLICY

Kuposoft LLC respects the privacy of its users on this site. This statement explains how we use some of the information that you may supply to us through the Kuposoft LLC Web site. If any modifications are made to this policy, they will be posted on this Web site.

PERSONAL INFORMATION

We will not share personally identifiable information with third parties in order for them to provide information or perform services specifically requested by you. Kuposoft LLC will not use this information to perform statistical analysis in order to inform others about the profile and demographics of our users.

E-MAIL ADDRESSES

Email addresses will not be sold or distributed to any third party. The Kuposoft LLC site uses e-mail addresses to uniquely identify and communicate between the various users of our service. If you provide your e-mail address in connection with a request for information, we may use that information to contact you.

LINKS TO OTHER SITES

This Web site contains links to other sites. We are not responsible for the privacy practices or policies of those sites. Any use of personal information provided to third parties will be governed by their privacy statements and policies.

IP ADDRESSES

We use your IP address to help diagnose problems with our server, and to administer our Web site.

SECURITY

This site has security measures in place to protect the loss, misuse and alteration of the information under our control.

CHILDREN'S PRIVACY

We do not knowingly acquire personal information from children under the age of 13.

TERMS OF USE

1. ACCEPTANCE

Welcome to kuposoft.com (the "Site"). This page ("Notice") states the terms and conditions of the Site. Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Kuposoft LLC reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.

2. ELIGIBILITY

The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.

3. LICENSE

Kuposoft LLC grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are exclusive property of Kuposoft LLC or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Kuposoft LLC's prior written consent.

All trademarks, service marks, and logos (the "Marks") displayed on the Site are exclusive property of Kuposoft LLC and their respective owners. You shall not use the Marks in any manner without Kuposoft LLC's and their respective owners' prior written consent.

4. GENERAL PROHIBITION

In connection with your Use, you agree NOT to:
(a)	violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
(b)	infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
(c)	upload, post, transmit, or store any material that:
	1.	is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
	2.	breaches any of your contractual or confidentiality obligations;
	3.	disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
	4.	are not permitted by Kuposoft LLC, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
(d)	violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information;
(e)	breach or attempt to breach any security measures of the Site;
(f)	use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Kuposoft LLC's prior written consent;
(g)	access or attempt to access any account or login of any third party listed on the Site;
(h)	copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;

5. SPECIFIC USAGE AND RESPONSIBILITIES

In addition to the general responsibilities listed in Section 4, you agree to comply with the following terms.

6. LINKS TO THIRD PARTY

The Site may have links, such as hyperlinks or buttons, directing access to third party's web sites ("Linked Sites"). The Linked Sites may not be controlled or monitored by Kuposoft LLC. Kuposoft LLC shall not be responsible for any materials, information, or content posted on the Linked Sites. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.

7. INDEMNIFICATION

You agree to indemnity, defend, and hold Kuposoft LLC, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.

8. DISCLAIMER

YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (B) KUPOSOFT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) KUPOSOFT LLC EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.

9. LIABILITY AND LIMITATIONS OF LIABILITY

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE KUPOSOFT LLC ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ß1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT KUPOSOFT LLC, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF KUPOSOFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, KUPOSOFT LLC'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

10. TERMINATION

Kuposoft LLC has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Kuposoft LLC may also terminate your access to any part or all of the services provided by Kuposoft LLC on the Site at any time, with or without cause or notice, for any reasons. Kuposoft LLC shall not be responsible for maintaining or returning your Submitted Materials. You should always maintain a copy of your Submitted Materials.

11. GENERAL

You agree that there is no employment, partnership, agency, or joint venture relationship between you and Kuposoft LLC arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and Kuposoft LLC governing your Use of the Site and is additional to any binding agreement between you and Kuposoft LLC. This Notice is governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. Kuposoft LLC does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Sections 4, 5, 7, 8, 9, and 11 shall survive any termination of this Notice for any reasons.

Last updated: December 21, 2003.