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            Kapsul Terms of Use

            Welcome to Kapsul! Kadist Art Foundation ("Kadist", "our", "us" or "we") provides Kapsul, an online service that allows users to create, view and search visual collections (the "Services") through our website, accessible at www.kapsul.org (the "Site").

            Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at http://www.kapsul.org/terms/. These Terms govern your access to and use of the Site and Services and all Site Content (defined below), and constitute a binding legal agreement between you and Kadist Art Foundation. Key Terms related to Content

            "Content" means text, graphics, images, music, software, audio, video, information or other materials. "Kapsul Content" means all Content that Kadist makes available through the Site or Service, including any Content licensed from a third party, but excluding Member Content.

            "Member" means a person that completes Kapsul’s account registration process, as described under "Account Registration" below.

            "Member Content" means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.

            "Site Content" means Member Content and Kapsul Content.

            Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Site Content.

            YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY POSTING ANY MEMBER CONTENT ON THE SITE, APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR SITE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

            Modification

            Kadist Art Foundation reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Services.

            How Kapsul Works

            After you have created an Account (defined below) to become a Member of Kapsul, you may use the Services to create, view and search visual collections. In order to create a visual collection, you may (i) upload images from your computer by selecting the "Add a Work" section of the Site, (ii) import images from a publicly-accessible URL by selecting “URL” in the “Add a Work” section of the site , (iii) use the “Kapsul Search” section of the site to find and import images from across the public web, or (iv) install and use our “Add to Kapsul" browser bookmarklet to upload images from sites you browse to on the web. Visual collections that you create will be private and visible to you only until you choose to share them by selecting the “Share” section of the site. You may choose to share you visual collections with a limited group only by selecting “Add People”, or make them publicly visible by selecting “Make a Public Link”. Images and text that you submit to others’ visual collections will be visible according to the settings chosen by the owners of that collection.

            Eligibility

            The Site and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 13 or older. Account Registration

            In order to access certain features of the Site and Services and to post any Member Content on the Site or through the Services, you must register to create an account ("Account").

            You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Kadist reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Kadist of any unauthorized use of your Account.

            Privacy

            See our Privacy Policy at http://www.kapsul.org/privacy/ for information and notices concerning Kadist Art Foundation’s collection and use of your personal information.

            Ownership

            The Site, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Kadist Art Foundation and its licensors and licensees exclusively own all right, title and interest in and to the Site, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services or Site Content.

            Kapsul Content and Member Content License

            Subject to your compliance with the terms and conditions of these Terms, Kadist Art Foundation grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Kapsul Content solely for your personal and non-commercial purposes. Subject to your compliance with the terms and conditions of these Terms, Kadist Art Foundation grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Member Content solely for your personal and internal business purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site Content except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kadist Art Foundation or its licensors, except for the licenses and rights expressly granted in these Terms.

            Member Content

            We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content through the Site or Services, you hereby grant to Kadist Art Foundation a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through or by means of the Site or Services. Kadist Art Foundation does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

            You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Kadist Art Foundation the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Kadist Art Foundation’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

            Feedback

            We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by emailing us at hello@kapsul.org or through the "Feedback" button of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Kadist Art Foundation and you hereby irrevocably assign to Kadist Art Foundation and agree to irrevocably assign to Kadist Art Foundation all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At Kadist Art Foundation’s request and expense, you will execute documents and take such further acts as Kadist Art Foundation may reasonably request to assist Kadist to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

            General Prohibitions

            You agree not to do any of the following:

            Kadist Art Foundation will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Kadist Art Foundation may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Kadist Art Foundation has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site and Services, 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. Kadist Art Foundation reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that Kadist Art Foundation, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

            Copyright Policy

            Kadist Art Foundation respects copyright law and expects its users to do the same. Kadist Art Foundation has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Kadist Art Foundation’ Copyright Policy at http://www.kapsul.org/copyright/, for further information.

            Links

            The Site may contain links to third-party websites or resources. You acknowledge and agree that Kadist Art Foundation 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 Kadist Art Foundation 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 and Account Cancellation

            If you breach any of these Terms, Kadist Art Foundation will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Kadist Art Foundation reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to hello@kapsul.org.

            Disclaimers

            THE SITE, APPLICATION, SERVICES AND SITE CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, KADIST EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. KADIST ART FOUNDATION MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. KADIST ART FOUNDATION MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

            ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KADIST ART FOUNDATION OR THROUGH THE SITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

            YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT KADIST ART FOUNDATION DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATION OR SERVICES, NOR DOES KADIST ART FOUNDATION MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES. KADIST ART FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

            Indemnity

            You agree to defend, indemnify, and hold Kadist Art Foundation, its officers, directors, employees and agents, harmless 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 (i) your access to or use of the Site, Services or Site Content, (ii) your Member Content, or (iii) your violation of these Terms.

            Limitation of Liability

            YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER KADIST ART FOUNDATION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KADIST ART FOUNDATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

            IN NO EVENT WILL KADIST ART FOUNDATION’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KADIST ART FOUNDATION AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

            Proprietary Rights Notices

            All trademarks, service marks, logos, trade names and any other proprietary designations of Kadist Art Foundation used herein are trademarks or registered trademarks of Kadist Art Foundation. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

            Controlling Law and Jurisdiction

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

            Entire Agreement

            These Terms constitute the entire and exclusive understanding and agreement between Kadist Art Foundation and you regarding the Site, Services, Site Content, and Member Content and these Terms supersede and replace any and all prior oral or written understandings or agreements between Kadist Art Foundation and you regarding the Site, Services and Content.

            Assignment

            You may not assign or transfer the obligations and warranties of these Terms, by operation of law or otherwise, without Kadist Art Foundation’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Kadist Art Foundation may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and assigns.

            Notices

            Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Kadist Art Foundation (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

            General

            The failure of Kadist Art Foundation to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kadist Art Foundation. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and may be excised from the rest of this agreement, and the other provisions of these Terms will remain in full force and effect.

            Contacting Kadist Art Foundation

            If you have any questions about these Terms or any questions, complaints or claims with respect to the Application, please contact us at hello@kapsul.org.

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