PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
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By using https://www.kadha.com/ (“the Site”), you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site, upload or download material.
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Last updated December 28, 2020
Amendment
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Kadha, LLC (“Kadha”) reserves the right to amend or modify this website at any time and without notice. The Terms of Use shall govern your use in effect at the time of each usage.
Age Requirements
You must be at least 13 years old to use the Site.
Permission by Parent or Guardian
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If you are under 18, you represent that you have your parent or guardian’s permission to use the Site. You must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
Intellectual Property
The site is owned and operated by Kadha, LLC, a Washington state corporation and contains material which is protected by U.S and international copyright, trademark and other laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software without prior written approval.
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User Generated Content and Conduct
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1. Submission of a materials or a story (“Content”) does not obligate Kadha to use that Content for any purpose or for any period of time.
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2. Users submitting Content (“Content provider”) retain the copyright ownership in their Content.
3. The Content provider grants to Kadha (and it’s successors) a worldwide, nonexclusive, royalty-free, transferable license to use the Content. That grant includes the rights to copy, distribute, create derivative versions, display and perform the Content for the life of the copyright.
4. Kadha reserves the right to remove Content at any time if we believe that it is in violation of any agreement or will harm our business.
5. Any signed agreement between Kadha and Content provider will override the terms of this Agreement.
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Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Venue for any action shall be proper in the state or federal courts of King County, Washington, USA. You consent to the personal jurisdiction in those courts.
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Dispute Resolution
1. Arbitration
Any dispute arising under or related to this Terms of Use shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association by a single neutral arbitrator in Seattle, Washington.
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2. Limitations
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclaimers
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SITE IS PROVIDED “AS IS” AND KADHA, LLC DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SITE; (B) THE SPECIFIC FEATURES OF THE SITE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SITE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, KADHA, LLC. IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
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1. ERRORS, MISTAKES, OR INACCURACIES ON THE SITE;
2. ANY INTERRUPTION OR CESSATION OF THE SITE;
3. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
4. ANY CONTENT WHETHER SUBMITTED BY USER INCLUDING YOUR USE OF CONTENT; AND/OR
5. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
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Takedown Notification
A. If you believe that your work has been copied in a way that constitutes infringement on our Site, please contact us at admin@kadha.com Only the actual Copyright Owner or an agent authorized to act (“Copyright Owner”) on their behalf may make a takedown request. When making that request please send an email including the following information:
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1. The identity and location on the Site of the copyright protected work you claim was infringed
2. Information necessary to contact the copyright owner or their designated agent including email ID, address, and phone number
3. A statement that the Copyright Owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
4. A statement that the Copyright Owner has evaluated whether the content used makes fair use of the copyright.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the Copyright Owner or an Agent that is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Please say “Takedown request” in the subject line.
7. Please be aware that this information will be forwarded to the person who uploaded the alleged infringing content.
8. Kadha reserves the right to review the allegedly infringing content and independently determine whether it is infringing.
B. If your content is removed and you believe that the content you posted was not infringing, you may submit a reinstatement request. Kadha cannot provide you any legal assistance in this matter and suggests that you consider finding an attorney to evaluate your situation. When making that request please be sure to include:
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1. The identification of specific location of the content that Kadha removed
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2. Your name, address, phone number and email address
3. The statement that “I swear, under penalty of perjury, that I have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content to be removed or disabled."
4. The statement that “I agree to the jurisdiction of the Federal court for the district in which my address is located.” OR If you are outside of the US “I agree to the jurisdiction of the Federal court in the district in which Kadha is located.” AND “I will accept service of process from the copyright owner or its agent.” Kadha is in the Western District of Washington.
5. Be sure to sign the document. Send that to admin@kadha.com and place reinstatement request in the subject line.
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