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General Terms of Service
Welcome to Google HOA a site operated by Kjerag S.A.
By using and/or viewing this website (collectively, including all content and functionality available through the freecaster.com domain name(s), the "Google HOA Website", or "Website"), you signify your assent to these Terms of Service. If you do not agree to any of these terms, then please do not use Google HOA.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time. You can always check out the latest version of our Terms of Service on this page.
These Terms of Service apply to all users of the Google HOA Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Google HOA Website includes all aspects of Google HOA, including but not limited to all products, software and services offered via the website such as the Google HOA channels, the Google HOA "Embeddable Player," the Google HOA "Upload function" and other applications.
Google HOA Accounts
In order to access some features of the Website, you will have to create a Google HOA account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Google HOA immediately of any breach of security or unauthorised use of your account.
Although Google HOA will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Google HOA or others due to such unauthorized use.
1. CONTENT OWNERSHIP
All media available at Google HOA, including without limitation all information, audio, video, data, online services, games, text, animation and graphics (“Content”) is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights of Kjerag S.A. or third parties who have licensed Kjerag S.A. to make such Content available to Google HOA users. Kjerag S.A., on behalf of itself, its Content providers and licensors, expressly reserves all intellectual property rights in all Content accessible through Google HOA. Except as expressly provided herein, no right, title or interest in any Content is transferred to you as a result of your usage of Google HOA.
2. PERMISSIBLE USE
Kjerag S.A. maintains Google HOA for your personal entertainment and enjoyment, and all use of Google HOA is for private, noncommercial viewing and use only. Kjerag S.A. grants you a non-exclusive, non-transferable, revocable license to access and use Google HOA solely for personal, private, non-commercial purposes in accordance with these Terms and Conditions of Use, provided that you maintain all copyright, trademark and other proprietary notices contained therein. If you violate any of the Terms and Conditions of Use, your permission to access and use Google HOA automatically terminates.
You may not:
- access, use, reproduce, display, distribute, transmit, perform, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any of the Content available through Google HOA, except as you are expressly authorised to do so by the legal owner of the particular Content;
- use Google HOA or Content so as to violate any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, pornography, misrepresentations or omissions;
- use the Google HOA in connection with any effort by you to defeat any copyright management information or any technological measures that control access to a copyrighted work;
- access data not intended for you or log onto a server or an account that you are not authorized to access;
- interfere with service to any user, host or network, including without limitation via means of submitting a virus to Google HOA or its users, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
- remove, decompile, disassemble or reverse engineer any Google HOA software;
- use any robot, spider, other automatic device or process to monitor or copy any portion of Google HOA or any Content;
- probe, scan or test the vulnerability of Google HOA or to breach security or authentication measures;
- use Google HOA for the purpose of gathering information for or transmitting unsolicited email, including promotions and/or advertising of products or services;
3. THIRD PARTY CONTENT
You agree that Kjerag S.A.’s Content providers, and not Kjerag S.A., are entirely responsible for all Content and any other information (e.g., titles and descriptions) that such Content providers make available through Google HOA. You also agree that, to the extent Google HOA users post any information on Google HOA, those users, and not Kjerag S.A., are entirely responsible for all information posted by them. Kjerag S.A. does not and has no obligation to control Content or other information made available by anyone other that Kjerag S.A. itself and, as such, does not guarantee the accuracy, integrity or quality of such Content or information. Kjerag S.A. shall not be liable in any way for any Content or other information made available by anyone other than Kjerag S.A. itself, including without limitation for any loss or damage of any kind from infringement of any copyright, performing right, right of privacy, trademark, moral right, patent, trade secret or other proprietary right or interest, or from any defamation, obscenity, pornography, harassment, error or omission.
Third party web sites may link to Google HOA or use the Google HOA embeddable player. You understand that the information and opinions expressed by third parties are those of the respective third party alone and not Kjerag S.A.. Kjerag S.A. shall not be liable for any mistakes, misrepresentations, omissions, error, inaccuracy, defamation, harassment, opinions expressed, libel, slander, omission, falsehood, obscenity, pornography, profanity or invasion of privacy by third parties.
4. COMPLAINTS AND INVESTIGATIONS
In the event you believe your copyrighted Content is being infringed through Google HOA, you agree to provide Kjerag S.A. with notice of such infringement. email@example.com
5. MODIFICATION OR INTERRUPTION OF SERVICE
Kjerag S.A. reserves the right to modify or discontinue, temporarily or permanently, Google HOA (or any part thereof) without advance notice to you. You agree that Kjerag S.A. will not be liable to you or to any third party for any modification of Google HOA or any interruption of the availability of Google HOA, regardless of reason or duration.
6. LINKS TO THIRD PARTY SITES
Inclusion of links from Google HOA to any third party website does not imply our approval or endorsement of the linked website. If you decide to leave Google HOA and access the third-party sites, you do so at your own risk. Kjerag S.A. is not responsible for the availability of such external sites, and does not endorse and is not responsible or liable for any content, privacy policies, advertising, products, or other materials on or available from such sites. You acknowledge and agree that Kjerag S.A. will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available through any such sites.
7. PRIVATE INFORMATION
No information may be submitted to us by persons under the age of 13 without the consent of a parent or legal guardian, nor may persons under the age of 13 undertake transactions or take other legal acts on this site without such consent, unless permitted by applicable law.
You agree to indemnify, defend and hold Kjerag S.A., its distribution partners and content providers, and their partners, agents, distributors, promoters, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense related to your violation of this agreement or use of the Site.
10. NO WARRANTY
THE SITE AND ALL CONTENT IS PROVIDED TO YOU ON AN "AS-IS" BASIS, AND NO WARRANTIES, EXPRESS OR IMPLIED, ARE MADE BY KJERAG S.A., ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS AND/OR THEIR PARTNERS, AGENTS, DISTRIBUTORS AND PROMOTERS REGARDING GOOGLE HOA, SERVICE, CONTENT OR YOUR USE OR VIEWING OF THEREOF, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE AVAILABILITY, ACCURACY, VIDEO OR AUDIO QUALITY AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
11. LIMITATION OF LIABILITY
NEITHER KJERAG S.A. NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING THE ACTIVE OR PASSIVE NEGLIGENCE OF THE AFOREMENTIONED ENTITIES), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. GOOGLE HOA AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH GOOGLE HOA OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF GOOGLE HOA MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE they are UNABLE FOREVER BARRED.
NEITHER KJERAG S.A. NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY FAILURE TO PERFORM ANY OF ITS OBLIGATIONS AS CONTAINED HEREIN DUE, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY OTHER EVENT BEYOND THE CONTROL OF KJERAG S.A. OR THE AFOREMENTIONED ENTITIES. NEITHER KJERAG S.A. NOR ITS DISTRIBUTION PARTNERS OR CONTENT PROVIDERS OR THEIR PARTNERS, AGENTS, DISTRIBUTORS OR PROMOTERS SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING GOOGLE HOA OR CONTENT.
Kjerag S.A. reserves the right to modify these Terms and Conditions of Use at its sole discretion and without advance notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions of Use as modified. Any modifications to the Terms and Conditions of Use shall become effective immediately upon their posting on Google HOA.
13. GOVERNING LAW
This agreement will be governed by the laws of Beligum. You agree that any dispute arising out of this agreement or your use of Google HOA will be heard only in the courts located in Beligum, and you hereby consent and submit to the personal jurisdiction of such courts. You agree that any actual or threatened breach of this agreement by you could result in irreparable harm to Kjerag S.A. and, accordingly that Kjerag S.A. shall be entitled to immediate injunctive relief, including a temporary restraining order and/or preliminary injunction without the necessity of a bond or other undertaking, to restrain such breach or threatened breach.
We do not guarantee continuous, uninterrupted or secure access to the Google HOA service, and operation of Google HOA may be interfered with by numerous factors outside our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that we have the right to assign this agreement and all incorporated agreements in our sole discretion. Headings in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.