This Agreement governs the terms of use for the SampleKitz website. Information regarding the rights and licenses on usage of royalty-free files is given in the License Agreements.
Access to all Site files and functions is given to the User on the condition that he/she accepts and agrees with the Terms of Use of the Site. Use of the Site indicates the User’s consent with these Terms. If the User does not agree with the current Terms of Use, he/she should leave the Site.
SampleKitz retains the right to revise and change the Terms of Use at any time without notification of the User. The User agrees that to gain full and updated information on the Terms of Use he/she should periodically review this section. The User’s ongoing use of the Site after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes.
The User has no right to interfere in the Site security provision or, in any other similar way, to use the Site or other system resources, networks and services accessible through or connected to the Site in a corrupt manner. The User agrees to use the Site entirely within the lawful and intended limits.
INTELLECTUAL PROPERTY
All of the Site assets, including the system of organization and presentation of the files at the Site, are the property of SampleKitz, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.
In case of absence of a separate written agreement with SampleKitz (such as the Standard License Agreement), unconditioned use of the files offered at the Site without written permission of SampleKitz is prohibited.
CONFIDENTIALITY
SampleKitz respects the confidentiality of private and personal information of all cooperating parties. For more information about the procedure of collection, use and disclosure of the User’s confidential information, refer to the Privacy Policy. The User is advised to become familiar with this document.
SITE UPDATES
SampleKitz regularly updates technical, content and other information on the Site. Nevertheless, SampleKitz makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. SampleKitz is able to add, review or delete information, resources and services posted on the Site. Also, SampleKitz reserves the right to make changes to the Site without prior notification.
SOFTWARE AND COMPUTER VIRUSES
At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.
SampleKitz is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files from the Site. SampleKitz strongly encourage the use of anti-virus software or other protective programs during interaction with all web sites.
LIABILITY LIMITATION
The User confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Site without limitations.
SampleKitz and also its employees, management, partners, and agents do not bear responsibility for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these Terms of Use, including without limitations the Site navigation, use, access to any files or their parts, as well as any rights including even in the event SampleKitz was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.
Total aggregate liability of SampleKitz in connection with the use of the Site, in whole or in part, or its content in money equivalent shall not exceed US $5.00.
INDEMNIFICATION
Consenting to the terms of this Agreement, the User agrees to indemnify, defend and hold SampleKitz, its affiliates, its Content contributors and their respective directors, officers, employees, partners and agents (collectively, the “SampleKitz parties”) harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any SampleKitz Party as a result of, or in connection with, any breach or alleged breach by the User or anyone acting on the User’s behalf of any of the terms of this Agreement.
PROCEDURE OF NOTIFICATION AND PRESENTATION OF INFRINGEMENT CLAIMS
SampleKitz respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to SampleKitz including the following information:
· Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property in question;
· 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 at the Site where this material was placed;
· The e-mail address, phone number and physical address of the User;
· The User’s application including a reasonable supposition that the disputed usage is not allowed by the law or 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 author is a person who is authorized to act on behalf of the copyright owner or is the owner himself/herself.
The letter including all of the above data should be addressed to the CEO of SampleKitz, Inc. and submitted through Contact Us or by e-mail at support@SampleKitz.com.
APPLICABLE LAW
The Site is operated, managed and controlled by SampleKitz, principally located in the province of Ontario. The Site is accessible for use in any country of the world. Since the regulatory systems of all countries have unique laws and subordinate acts that may differ from the laws governing the province of Ontario, the User agrees that these Terms of Use are governed by the laws of the province of Ontario. The User also agrees that any disputes arising as a result of this Agreement being wholly or partially unenforceable will be voluntarily settled through negotiations and, in case of failure to come to an agreement, by judicial process.
GENERAL PROVISIONS
SampleKitz’ failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.
CONTACTS
For any questions in connection with the provisions of this document, please contact SampleKitz using the contact information below.
Contact information:
E-mail: support@SampleKitz.com.
Or use our Contact Us page.
ACKNOWLEDGEMENT
IN ACCEPTING THIS AGREEMENT, THE USER ACKNOWLEDGES THAT THE USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF SAMPLEKITZ AGREEING TO PROVIDE THE CONTENT, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. USER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND SAMPLEKITZ, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN USER AND SAMPLEKITZ RELATING TO THE SUBJECT OF THIS AGREEMENT.
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.
