Last Updated: September 15, 2023
Welcome to Kofeinaya Klyukva. These Terms of Service ("Terms") govern your access to and use of the Kofeinaya Klyukva website at kofeinaya-klyukva.com (the "Site") and any services, features, content, applications, or products offered by Kofeinaya Klyukva (collectively, the "Services").
By accessing or using our Site or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Site or Services.
These Terms constitute a legally binding agreement between you and Kofeinaya Klyukva. If you are using our Site or Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.
You must be at least 18 years old to use our Site and Services. By using our Site and Services, you represent and warrant that you meet this requirement.
Some features of our Site or Services may require you to create an 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. You are responsible for safeguarding the password that you use to access our Site or Services and for any activities or actions under your account.
You agree not to use our Site or Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Site or Services. Specifically, you agree not to:
Our Site and Services, including all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by Kofeinaya Klyukva, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use our Site and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or Services, except as follows:
You retain ownership of any content that you submit, post, display, or otherwise make available on our Site or through our Services ("Your Content"). By submitting, posting, displaying, or otherwise making available Your Content on our Site or through our Services, you grant Kofeinaya Klyukva a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit Your Content in connection with operating and providing our Site and Services.
You represent and warrant that:
Our Site or Services may contain links to third-party websites or services that are not owned or controlled by Kofeinaya Klyukva. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Kofeinaya Klyukva shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KOFEINAYA KLYUKVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KOFEINAYA KLYUKVA DOES NOT WARRANT THAT:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOFEINAYA KLYUKVA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SITE OR SERVICES.
IN NO EVENT WILL KOFEINAYA KLYUKVA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KOFEINAYA KLYUKVA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF KOFEINAYA KLYUKVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Kofeinaya Klyukva, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Site or Services.
These Terms shall remain in full force and effect while you use our Site or Services. We may terminate or suspend your access to our Site or Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use our Site and Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date at the top of this page. Your continued use of our Site or Services after any such changes constitutes your acceptance of the new Terms.
We encourage you to review these Terms periodically for any changes. If you do not agree to any of the changes to these Terms, you must stop using our Site and Services.
These Terms and any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms or our Site or Services shall be instituted exclusively in the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Kofeinaya Klyukva concerning your use of our Site and Services.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kofeinaya Klyukva's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Kofeinaya Klyukva's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Kofeinaya Klyukva may freely assign or transfer these Terms without restriction.
If you have any questions about these Terms, please contact us at:
Kofeinaya Klyukva
123 Technology Avenue
Toronto, ON M5V 2K4
Canada
Email: legal@kofeinaya-klyukva.com
Phone: (416) 555-7890