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This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Kajoobles Services. By using the Kajoobles Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Kajoobles Website) or you are a "Donating Member" (which means that you have registered with Kajoobles.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Kajoobles Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Kajoobles Website and discontinue use of the Kajoobles Services immediately. If you wish to become a Member, individual or business, communicate with other Members and make use of the Kajoobles member services, you must read this agreement and indicate your acceptance by paying the monthly donation to charities you choose. 

This Agreement includes Kajoobles.com's policy for acceptable use of the Kajoobles Services and Content posted on the Kajoobles Website, your rights, obligations and restrictions regarding your use of the Kajoobles Services and Kajoobles.com's Privacy Policy. Unless otherwise provided by the additional terms and conditions applicable to the Kajoobles Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Kajoobles.com may modify this Agreement from time to time and such modification shall be effective upon posting by Kajoobles.com on the Kajoobles Website. You agree to be bound to any changes to this Agreement when you use the Kajoobles Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Kajoobles.com and that you provide to other Users. Your Kajoobles.com profile may not include the following items: telephone numbers, street addresses, last names, (unless you are a business donor) and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Kajoobles.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Kajoobles.com assumes no responsibility or liability for this material. If you become aware of misuse of the Kajoobles Services by any person, please contact Kajoobles. 

Kajoobles.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Kajoobles Services at any time, for any or no reason, with or without prior notice, and without liability.

Overall, Kajoobles reserves the right to change any information you provide to us.

 Eligibility Use of and Membership in the Kajoobles Services is void where prohibited. By using the Kajoobles Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older to be an donating member; and (d) your use of the Kajoobles Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.

Term This Agreement shall remain in full force and effect while you use the Kajoobles Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Kajoobles.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

Fees You acknowledge that Kajoobles.com reserves the right to charge for the Kajoobles Services and to change its fees from time to time in its discretion. If Kajoobles.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

Don

Password  When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Kajoobles.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 Non-commercial Use by Members  The Kajoobles Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Kajoobles.com. Illegal and/or unauthorized use of the Kajoobles Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Kajoobles Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Kajoobles Services.

Proprietary Rights in Content on Kajoobles.com.

1.      Kajoobles.com does not claim any ownership rights in the text, files, images, photos, video, news, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Kajoobles Services. After posting your Content to the Kajoobles Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Kajoobles Services, you hereby grant to Kajoobles.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Kajoobles Services.

2.      You represent and warrant that: (i) you own the Content posted by you on or through the Kajoobles Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Kajoobles Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Kajoobles Services.

3.      The Kajoobles Services contain Content of Kajoobles.com ("Kajoobles.com Content"). Kajoobles.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Kajoobles.com owns and retains all rights in the Kajoobles.com Content and the Kajoobles Services. Kajoobles.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Kajoobles.com Content (excluding any software code) solely for your personal use in connection with viewing the Kajoobles Website and using the Kajoobles Services.

4.      The Kajoobles Services contain Content of Users and other Kajoobles.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Kajoobles Services.

Content Posted

1.      Kajoobles.com may delete any Content that in the sole judgment of Kajoobles.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Kajoobles.com assumes no responsibility for monitoring the Kajoobles Services for inappropriate Content or conduct. If at any time Kajoobles.com chooses, in its sole discretion, to monitor the Kajoobles Services, Kajoobles.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2.      You are solely responsible for the Content that you post on or through any of the Kajoobles Services, and any material or information that you transmit to other Members and for your interactions with other Users. Kajoobles.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Kajoobles.com prior to posting and does not necessarily reflect the opinions or policies of Kajoobles.com. Kajoobles.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

Content/Activity Prohibited 

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Kajoobles Services. Kajoobles.com reserves the right to investigate and take appropriate legal action against anyone who, in Kajoobles.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Kajoobles Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Kajoobles.com:

1.      is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2.      harasses or advocates harassment of another person;

3.      exploits people in a sexual or violent manner;

4.      contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5.      solicits personal information from anyone under 18;

6.      provides any telephone numbers, street addresses, last names, URLs or email addresses accept for business donors;

7.      promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.      promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing links to pirated music files or copy write news;

9.      involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

10.     contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11.     furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12.     solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13.     involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14.     includes a photograph of another person that you have posted without that person's consent; or

15.     criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

16.     advertising to, or solicitation of, any Member to buy or sell any products or services through the Kajoobles Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Kajoobles Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Kajoobles.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Kajoobles.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, other unsolicited communications of any kind through the Kajoobles Services, you acknowledge that you will have caused substantial harm to Kajoobles.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Kajoobles.com $50 for each such unsolicited email or other unsolicited communication you send through the Kajoobles Services;

17.     covering or obscuring the banner advertisements on your personal profile page, or any Kajoobles.com page via HTML/CSS or any other means;

18.     any automated use of the system, such as using scripts to add friends or send comments or messages;

19.     interfering with, disrupting, or creating an undue burden on the Kajoobles Services or the networks or services connected to the Kajoobles Services;

20.     attempting to impersonate another Member or person;

21.     using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

22.     selling or otherwise transferring your profile;

23.     using any information obtained from the Kajoobles Services in order to harass, abuse, or harm another person;

24.     using the Kajoobles Services in a manner inconsistent with any and all applicable laws and regulations.

Copyright Policy  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Kajoobles.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Kajoobles.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Kajoobles Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Kajoobles Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please contact david at kajoobles com

Member Disputes You are solely responsible for your interactions with other Kajoobles.com Members. Kajoobles.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

Privacy  Use of the Kajoobles Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

Disclaimers Kajoobles.com is not responsible for any incorrect or inaccurate Content posted on the Kajoobles Website or in connection with the Kajoobles Services, whether caused by Users of the Kajoobles Services or by any of the equipment or programming associated with or utilized in the Kajoobles Services. Profiles created and posted by Members on the Kajoobles Website may contain links to other websites. Kajoobles.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Kajoobles.com. Inclusion of any linked website on the Kajoobles Services does not imply approval or endorsement of the linked website by Kajoobles.com. When you access these third-party sites, you do so at your own risk. Kajoobles.com takes no responsibility for third party advertisements which are posted on this Kajoobles Website or through the Kajoobles Services, nor does it take any responsibility for the goods or services provided by its advertisers. Kajoobles.com is not responsible for the conduct, whether online or offline, of any User of the Kajoobles Services. Kajoobles.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Kajoobles.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Kajoobles Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Kajoobles Services. Under no circumstances shall Kajoobles.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Kajoobles Services, attendance at a Kajoobles.com event, from any Content posted on or through the Kajoobles Services, or from the conduct of any Users of the Kajoobles Services, whether online or offline. The Kajoobles Services are provided "AS-IS" and as available and Kajoobles.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Kajoobles.com cannot guarantee and does not promise any specific results from use of the Kajoobles Services.

Limitation on Liability In no even shall Kajoobles.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, damages arising from your use of the services, even if Kajoobles has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, Kajoobles liability to your for any cause whatsoever and regardless of the form of the action, will at all time be limitied to the amount, paid, if any, by you to kajoobles for the kajoobles services during the term of membership.

U.S. Export Controls  Software available in connection with the Kajoobles Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Kajoobles Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Other This Agreement is accepted upon your use of the Kajoobles Website or any of the Kajoobles Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Kajoobles.com regarding the use of the Kajoobles Services. The failure of Kajoobles.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Kajoobles.com is a trademark of Kajoobles, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Email Correspondence Members can communicate to other via email.  Kajoobles is not responsible for any communication from the email capability of the site or any contact on or off the site.

Linking to the Site You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Third-Party Services We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Errors, Corrections and Changes.We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Indemnification You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.

Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Payments. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Donations.  You understand that at least 70% of your money donated to the charities that you choose will go to charities through out a years time.  Some of the money you are donating are fees to pay salary and other payments for the cost of the website.

Information and Press Releases. The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

Refund and Return Policy. There will be no refund of any services.  You are donating to charities and understand that a small fee is taken out for the Kajoobles services given to you.

Please contact us at: privacy at kajoobles dot com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.  I also agree that Kajoobles was designed with good faith to all users and will not hold Kajoobles liable for acting within good faith.