In order to have access to any of the Site Applications you will be required to register with Kampyle and choose the Site Applications you wish to use. As a client of Kampyle, your use of our Site Applications, as chosen by you, from time to time, constitutes a personal, non-transferable, non-assignable, limited and temporary license, as defined upon your registration and subject to the terms and conditions specified therein and herein (the “License“).
All entities interested in obtaining a License from Kampyle, will be required, upon registration, to provide certain information in order to satisfy Kampyle that they are in fact authorized to represent and bind the entity with respect to the Services rendered by Kampyle. In the event Kampyle concludes that there is no authorization to bind the entity, then Kampyle shall not permit such entity to gain access to it’s Licenses and/or services on behalf of such entity.
We reserve the right to change from time to time the prices rendered for our Licenses and/or services. Notice of such changes shall be sent to you stating the new prices applicable to the services rendered to you. Unless you notify Kampyle, immediately upon receipt of the above notice, you will be charged thereon with the new prices so published, without the right to reclaim thereafter any repayments, unless you have paid for an agreed upon period in advance, which in such case the new prices will apply upon termination of such period.
You represent and warrant to Kampyle that You shall solely be responsible for acquiring all proper license and permits and bear any payment (if necessary) related to the use of such third parties’ proprietary technology (including, but not limited to, the payment of royalties). You shall indemnify defend or settle (at its option) and hold harmless Kampyle from and against any losses, expenses (including reasonable attorney’s fees), damages and claims that arise out of or result from any and all third party claims caused by your breach of the above obligation.
Warranties and Disclaimers
As a Kampyle client, you understand that all the feedback information gathered is obtained from your users using the feedback system and possibly from other commercial systems, which you subscribe to, and is not directly obtained from you. Kampyle shall not be responsible to any of the information gathered received or integrated, or to any proposed fixes included in the information provided to you. Except as expressly provided otherwise in a written agreement between you and Kampyle, the Site, the Site Applications, the Licenses and any materials included therein are provided “as is” and without warranties of any kind, either express or implied.
To the fullest extent permissible pursuant to applicable law, Kampyle disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Kampyle does not warrant that the functions used by you, will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available are free of viruses or other harmful components.
Kampyle does not warrant or make any representations regarding the use or the results of the use of the materials through the License in terms of their correctness, accuracy, reliability, or otherwise. You (and not Kampyle) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Under no circumstances, including, but not limited to, negligence, shall Kampyle be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the services provided through the Licenses, the Site, the Site Applications, or any other web site, even if Kampyle or a Kampyle authorized representative has been advised of the possibility of such damages.
Kampyle may provide links to other sites (“Link Sites“). Kampyle is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein.
Submissions and Information
The users of any of the Site Applications, using them to provide Submissions about you, may be asked for written suggestions or problem reports regarding the Clients websites or applications. Any Submissions that may be provided through the feedback system by your users and/or received from other commercial systems, which you subscribe to, shall be deemed your sole property. However, we will collect certain information about you or your users for business purposes only.
The information we collect is only accessible to Kampyle and its affiliates and is not disclosed to any non-affiliated third parties and is used by us solely for aggregate statistics about our customers, sales, traffic patterns and related site information to third parties. Kampyle shall have full authority to use such information gathered by it, for any purpose it so deems.
Users are hereby advised that the use of the Site Applications for the submission of Submissions by users is made available for the sole purpose of submitting real feedback to Client’s websites. Therefore, notice is hereby given to all users that any users which submit Submissions which are not real submissions and/or can be defined as “garbage submission” is forbidden. Kampyle reserves the right to use all legal and other remedies available to it under applicable law in order to limit and/or prevent any such forbidden submissions.
Newsletters and other advertising material
Your agreement during the registration process to receive updates and marketing materials of Kampyle, means that you agree and authorize Kampyle to make use of the information you provided Kampyle during the registration process for the purpose of (a) improvement of Kampyle services provided to you, (b) Kampyle notifying you of products and services which might interest you and (c) Kampyle sending you the Kampyle newsletter and/or other advertising information of Kampyle through the internet or other communications. Any agreement of yours to the above may be revoked and you have the rights to notify Kampyle, at any time, of your request to cancel your approval for such delivery and stop receiving such materials, by sending an e-mail to Kampyle to the address appearing on the “Contact Us” in the Kampyle website.
Accounts and Security
Kampyle utilizes some of the most advanced technology for Internet security available today. When you access certain non-public components of our Site you may, in consideration for applicable consideration, use Secure Socket Layer (SSL) technology, in order to protect your information using both server authentication and data encryption, ensuring that your data is safe, secure, and available only to registered Users in your organization. Kampyle will use all possible means available to it to ensure that your data will be completely inaccessible to your competitors.
For security purposes, Kampyle provides both a private password and login specifications for each of your users. In addition, Kampyle is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders. Kampyle does not warrant that the functions contained in the service provided by the Site and/or any of the Site Applications will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Kampyle’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Kampyle will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Kampyle.
Kampyle retains ownership and all rights to all Kampyle logos, icons, trademarks, software, trade secrets, databases, reports, the Site Applications and the Site and all content therein. In order to protect Kampyle’s copyrights and other proprietary rights in the Site and the Site Applications, you undertake not to remove or destroy any of Kampyle’s proprietary trademark, copyright markings or confidential legends or other identification of proprietary information or intellectual property rights. You will reproduce in all copies of the Site Applications, including partial copies in any form, all proprietary, trademark and copyright markings and confidentiality legends and other identification of proprietary information or intellectual property rights. You will not take any action that might adversely affect the validity of any such markings, legends, identification or ownership, and you will not use such markings, legends, identification or any similar markings, legends or identification in any manner without Kampyle’s prior written consent.