Terms of Agreement
This Terms of Agreement ("Agreement") sets forth the terms and conditions of the use of our services. This Agreement explains our obligations to you, and your obligations to us for using our services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular services.
Your access to and use of the service signify your agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein. These terms apply to all visitors, users and any other person or entity that access or use the service. Your use of the service is conditioned on you accepting the Agreement therefore if you disagree with any part of this Agreement, you may not access the service.
Links to other Web Sites:
Our service may contain links to third-party web sites or services that are not owned or controlled by Krush Art Media. Krush Art Media has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Krush Art Media 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Agreements may be terminated: i. by you when you discontinue the use of our services; or ii. by Krush Art Media at any time, without prior notice or liability, if, in Krush Art Media’s judgment, you are in violation of any terms or conditions herein; or iii. in Krush Art Media’s sole judgment, your use of the services places or is likely to place unreasonable demands upon Krush Art Media or could disrupt our business operations; or iv. by Krush Art Media if it so determines that you are or are alleged to be violating the terms and conditions of any other agreement entered into by you and Krush Art Media. All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. In the event of termination or suspension of Services under the above circumstances, you agree that (a) that no pre-paid fees will be refunded to you; and (b) that Krush Art Media may take control of any domain name associated with the terminated services, provided such domain name was registered through the domain name registration of Krush Art Media. Refunds do NOT apply to services unless otherwise specified. In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Krush Art Media incurs in closing your account. You agree to pay any and all costs incurred by Krush Art Media in enforcing your compliance with this section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Krush Art Media may delete all information related to you on the Services.
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your access or use of our service after those revisions become effective constitutes an agreement to be bound by the revised terms. If you do not agree to the revised terms, we advise you to discontinue use of the service.
This Agreement shall be governed and construed in accordance with the laws of Jamaica, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These terms constitute the entire agreement between you and Krush Art Media regarding our service, and supersede and replace any prior agreements you might have with Krush Art Media regarding the service.
Limitation of Liability
Krush Art Media disclaims all liability whether based in contract, tort (including negligence), strict liability or otherwise, and does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the site or any other web site, or the material, information, software, facilities, services or other content on the site or any other web site, regardless of the basis upon which liability is claimed and even if any member of Krush Art Media has been advised of the possibility of such loss or damage. Without limitation, you (and not any member of Krush Art Media) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law. Where there is any cause of action arising out of or related to this site or our services proceedings must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred . In addition, you specifically acknowledge and agree that in no event shall Krush Art Media’s total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
Trademarks and copyrights:
This site and materials incorporated by Krush Art Media on this site (“material”) are protected by copyrights, patents, trade secrets or other proprietary rights (“copyrights”). Some of the characters, logos or other images incorporated by Krush Art Media on this site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Krush Art Media or others (“trademarks”). Krush Art Media respects the intellectual property rights of others and asks users of this site to do the same. Krush Art Media expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Krush Art Media also reserves the right to terminate an account or subscriber for even one instance of infringement.
Use of Material:
Your right to make use of this site and any material or other content appearing on it is subject to your compliance with this Agreement. Modification or use of the material or any other content on this site for any purpose not permitted by this Agreement may be a violation of the copyrights and/or trademarks protected by law and this Agreement and is prohibited. You may access and display material and all other content displayed on this site for non-commercial, personal, entertainment use on a single computer only. The material and all other content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Krush Art Media. Any authorization to copy material granted by Krush Art Media in any part of this site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
Storage and Security:
You are entirely responsible for maintaining the confidentiality of your Account access credentials (including but not limited to any customer username/login, support pin code, password and API key (if any)) and Account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with your content displayed, linked, transmitted through or stored on or hosted on our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on our servers; and (iv) ensure the confidentiality of your password.
We at Krush Art Media require that you do not post or otherwise make available on this site any content, or act in a way, which in our opinion: (a) Libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (b) Disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; (c) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (d) Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; (e) Violates any law or may be considered to violate any law; (f) You do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); (g) Advocates or promotes illegal activity; (h) Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (i) Solicits funds, advertisers or sponsors; (j) Includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; (k) Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site; (l) Copies any other pages or images on this site except with appropriate authority; (m) Includes mp3 format files; (n) Amounts to a ‘pyramid’ or similar scheme; (o) Amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amounts of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; (p) Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or (q) Contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (q) above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by Krush Art Media anywhere on this site (e.g., on any web space made available for your use).
Krush Art Media reserves all rights to raw files and concepts. Unless agreed otherwise all editorial right will remain with Krush Art Media for six (6) months after each Web development projects have been delivered to client, failure to compile with this will result in a fine of 60% of total cost of projects. Krush Art Media WILL NOT be held liable for any damages done to hardware after consultancy. Any dissatisfactions with final output after detailed discussions (before any project is started detailed discussions outlining project blueprints will be held). Your use of this site is at your own risk. The site and all the materials, information, facilities, services and other content in the site are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, the site, Krush Art Media and any subsidiaries or affiliated companies of Krush Art Media disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Krush Art Media does not warrant that the functions contained in this site will be available, uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful components. Krush Art Media does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content on the site or any web sites linked to the site in terms of their correctness, accuracy, reliability, or otherwise. Krush Art Media makes no warranties that your use of the materials, information, software, facilities, service or other content in the site or any web site will not infringe the rights of others and Krush Art Media assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of the site or any other web site. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.