Effective Date: 16/01/2020
Klatz reserves the right at any time to make changes and edits to these terms, which are effective once published. If a user keeps on working with the Site after such changes have been made, the user acknowledges his/her consent with the changes. In the event of any contradiction between these terms and any agreement or policy on the Site, these terms will prevail.
Users shall identify themselves each time they use the functions available on the Site, or access their user profiles. The login and password (“Credentials”) chosen for such identification are confidential information, and users shall not disclose this information and shall not reveal, or offer for the use of a third party, their personal Credentials without clear written permission from Klatz.
Users bear sole responsibility for each access to the Site using their Credentials. Klatz automatically accepts and recognizes the Credentials as evidence identifying the user who gained access to the Site. A user’s login and password shall be unique symbols; however, other than their uniqueness, Klatz does not impose specific requirements as to their contents and quality.
Users shall not use the Site for unlawful or otherwise disapproved purposes: Users of the Site agree to refrain from inappropriate activities including, but not limited to:
abusing, threatening, hunting down, or violating the data protection rights of third parties or other users of the Site;
placing, uploading, publishing, showing, or distributing files of a scandalous or derogatory nature, including ribald, indecent, obscene or unlawful pictures and other files;
passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code that include, contain or consist of parts of software or other files under the protection of intellectual property or copyright laws and any affiliated protections (including the right of confidentiality), excluding cases where the user owns or controls such rights or has the necessary permissions;
passing, resending, uploading or in any other way distributing, cooperating or taking part in the distribution of files or parts of program code containing harmful software (such as viruses) that may result in the disruption or total failure of the correct operation of software or hardware in other computers;
deleting, clearing, removing or in any other way concealing any author attributions, labels, identifications, or legal notices in any files uploaded or downloaded by the user;
falsifying or imitating data concerning an original source of any files offered on the Site;
advertising or selling goods or services of any kind, and also placing on the Site any information unrelated to the Site functions and resources (such as surveys, advertisements, or spam);
downloading or saving any files or programs on the Site that the user knows to be unlawful, or that cannot or should not be legally distributed;
using any Site functions including, but not limited to, mailing to other members of the Site for advertising purposes, to distribute referral links, to promote files or goods, services or activities, whether or not connected to the Site;
using any kind of information received from the Site or with the help of the Site for creation of software, resources or programs that would be in direct or indirect competition to Klatz activities;
using the Site in such a way that could result in its damage, operational trouble, or other negative outcomes for other users;
The Site may maintain blogs with open and public communications. Communication between visitors or third parties, as well as content presented on the Site, are not officially approved by Klatz, and no files or information placed on the Site permanently or temporarily shall be regarded as analyzed, viewed or approved by Klatz. As stated below, Klatz has the right and authority to remove any files at any time without notification to authors, license-holders or owners of the files.
All assets making up the Site are the property of Klatz and are protected by local and international intellectual property laws.
Klatz regularly updates the Site. Nevertheless, Klatz makes no representation about completeness, accuracy and compliance of the published information. There may be links on the Site to third-party sites, which are given solely for the users’ convenience. Their presence does not mean they are recommended or endorsed by Klatz; Klatz does not warrant the safety of these third-party sites nor that they would conform with users’ expectations. Klatz shall not bear any liability in the event of any damages or losses, direct or implicit, due to following a link to a third-party site originating from Klatz, or to the use of services provided by third-party sites.
Klatz does not control all uploads and information exchanges performed throughout the Site and is not responsible for such uploads and exchanges. Nevertheless, Klatz reserves the right to correct mistakes and move, delete, refuse to publish, or edit any text message or files which Klatz may regard as violating or possibly violating these terms or the privacy, intellectual property, or similar rights of third parties.
Klatz respects intellectual property of third parties and asks its users to behave the same way. If any user has grounds to believe that his/her work has been copied in violation of copyright, or his/her other intellectual property rights have been violated directly or indirectly, the user should provide Klatz with a notice of such infringement including the following information:
the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;
a description of the work or other kind of intellectual property belonging to the owner that the user claims has been breached;
description of the place on the Site where this material appeared;
the e-mail address, phone number and physical address of the user;
the user’s application, including a reasonable assertion that the disputed usage is not allowed by the law or the copyright owner;
a statement corresponding to one made under oath that the information presented by the user is reliable and correct and that the statement’s author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.
“Confidential information” means any documents, software, data, information or files related to the process of Klatz management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to design, business processes, business model, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, Site content belonging to others, and other intellectual property.
Users shall not disclose the Confidential information to third parties without clear written permission from Klatz and its licensors, except in cases established by law or directly authorized herein.
Users shall pay and indemnify, protect and also take the side of Klatz (its management, employees, shareholders, partners and affiliates) against any claims, responsibilities, losses and expenses (including attorneys’ fees) incurred in the following cases:
purposeful or casual usage of the Site and/or its files made with the user’s Credentials, regardless of whoever entered the authorization;
any correspondence made by the user or any actions made with the help of the user’s Credentials;
any violation of these terms.
Klatz reserves the right to assume the control and defense of any matter or require compensation or indemnification from the user at the expense of the user. In this case, user agrees to cooperate with Klatz’ defense in case of such claim.
These terms are effective until their termination. For such purpose, user shall at any time send a message using the Site’s contact form, or by any other written form, which identifies the user and confirms the user’s intention to terminate these terms.
Klatz reserves the right at its sole discretion to suspend, terminate or restrict the user’s right to access to all or some content and resources of the Site at any time, for any reason and without proofs or prior notices.
Klatz has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.
Klatz also retains the right to suspend or fully terminate access of the user to the Site files in case of absence of activity from the user over an extended period of time, which may be interpreted as the user’s inability to gain access to the Site files.
Termination of these terms does not indicate automatic exemption of liability and obligation of reimbursement of debts to Klatz or other liabilities of the user. These terms will be terminated without derogations or impairment to the Klatz’ rights, limitations and defense of liabilities provided herein, all of which shall survive such termination.
the site, site content and services are provided “as is,” without representation, warranty, guarantee or condition of any kind, either express, implied, statutory or otherwise. site content is provided purely as user-generated content and shall not be subject to mandatory supervision or interference of klatz. users always use the site, site content and services at their own risk.
klatz hereby expressly disclaims any and all representations, warranties, guarantees and conditions of any kind, whether express or implied, to each and any site content and service made available at any time, including, but not limited to implied representations, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness, completeness, compatibility, currentness, integration, security, privacy, title, usefulness, suitability, quality, simple usage and any other warranty that might arise under any applicable law. klatz makes no commitments about the site, site content and services.
klatz further disclaims any representations, warranties, guarantees and conditions that:
access to the site, site content and services will be uninterrupted and error-free at all times;
site, site content and services will meet user’s expectations, will be satisfactory to user’s needs and requirements or will be uninterrupted and error-free;
results that may be obtained from the use of the site, site content and services will be effective or reliable;
any errors or defects in site, site content and services will be corrected by klatz;
site, site content and services will be permitted in any jurisdiction;
site, site content and services will be free of viruses, similar contamination or destructive features and/or any other harmful components;
site, site content and services will be interoperable with user’s hardware and software;
any user-generated content will be available through the site or will be stored (temporary or permanently) as site content;
any documents regarding site, site content and services will be available at any time;
klatz will continue to support any particular service or feature of the site and site content.
to the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory representations, warranties, guarantees and conditions shall be limited in duration to a period of thirty (30) days after the date on which user first used the site, site content and service, and no warranties shall apply after such period.
Users shall accept, without limitations, all responsibility and assume all risks resulting from use of the Site.
Klatz, its employees, management, partners, shareholders, and agents are not responsible for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses in connection with claims of any kind, losses, petitions, actions or other events arising out of these terms, as well as out of its jurisdiction, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights included even if Klatz was advised of the theoretical possibility of such damages, regardless of whether the event and failure happened because of infringement on intellectual or other property, was based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.
Total aggregate liability and indemnification of Klatz in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed ten US dollars ($10.00).
If applicable laws do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not by applied to the user. In this case, the liability of Klatz or any of its employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by law.
Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Klatz will immediately remove personal information from children and/or search to obtain verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Klatz’ attention that any personal information from children was submitted or collected through the Site.
The user confirms and warrants that he/she has reached the age of 18, has all the requirements sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can occur as a result of usage of the Site files. The user agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her Credentials by third parties including minors and persons underage of 18 living with him/her.
By entering the Site users agree that these terms are governed by the laws of the State of New York. The validity, interpretation and enforcement of these terms, matters arising out of or related to their performance or breach and related matters shall be governed by the internal laws of the State of New York (without reference to choice of law doctrine). All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these terms.
The user agrees to service and process of all necessary notifications directed to him/her at the postal address indicated by him/her during registration on the Site or subsequently updated by him/her on the Site.
The user agrees to refrain from any rights that he/she could have to the process or result of a trial by jury and taking part or organizing any collective claim against Klatz in connection with the Site, provisions of these terms or any agreements considered herein.
If Klatz is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the user agrees to reimburse Klatz for all expenses, payments and fees in the event that Klatz is successful.
The user confirms that, in addition to these terms, he/she is familiarized with these terms and other documents referenced herein and agrees to the restrictions which they impose.
Klatz’ failure to enforce at any time any provision hereof shall not be construed to be a waiver of such provision or of the right thereafter to enforce each and every provision. Users will not assign, transfer or otherwise dispose these terms in whole or in part to any third party, but Klatz may do so at any time.
For any questions in connection with the provisions of this document, please contact Klatz using the contact information below.
in accepting these terms, the user acknowledges that the user has read them, understands them, and has had an opportunity to seek independent legal advice prior to agreeing to it. users further agree that this is the complete and exclusive statement of the agreement between the user and klatz, which supersedes any proposal or prior agreement, oral or written, and any other communication between the user and klatz relating to the subject of these terms.
by accepting these terms, the user also acknowledges that he/she has read and understood all other related agreements listed below, which can be found on the website, and accepts all the terms and conditions of these agreements:
if the user does not agree with the terms and conditions of one or more of the above-mentioned documents, the user should cease using the website or any features of the website governed by these terms; by using the website and its features, the user implicitly agrees with all the terms and conditions of these terms and agreements.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.