Last Updated: August 27th 2024

Welcome to Kaiso Agency (“we,” “our,” “us”). By accessing and using our website, https://kaisoagency.com (the “Site”), you agree to comply with and be bound by these Terms of Use (“Terms”). If you do not agree with these Terms, you must not use our Site.

Please read these Terms carefully before using our Site.

1. Acceptance of Terms

By accessing, browsing, or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not use our Site.

2. Changes to Terms

We may update these Terms from time to time at our discretion. When we make changes, we will update the “Last Updated” date at the top of this page. Your continued use of the Site after any changes are made will constitute your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed about any updates.

3. Use of the Site

3.1 Eligibility

To use our Site, you must be at least 18 years old or the legal age of majority in your jurisdiction, whichever is greater. By using the Site, you represent and warrant that you meet this eligibility requirement.

3.2 Permitted Use

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for lawful purposes in accordance with these Terms. You agree not to use the Site for any illegal or unauthorized purpose, and you agree to comply with all applicable local, state, national, and international laws and regulations.

3.3 Prohibited Activities

When using our Site, you agree not to:

• Engage in any activity that interferes with or disrupts the Site or its servers.
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site.
• Use any automated means, including robots, spiders, or other data mining tools, to access, monitor, or copy any part of the Site.
• Transmit any viruses, worms, defects, Trojan horses, or any other items of a destructive nature.
• Use the Site to harass, abuse, or harm another person or entity.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

4. Intellectual Property

4.1 Ownership of Content

All content on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and code (collectively, “Content”), is the property of Kaiso Agency or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial purposes, subject to these Terms. You may not reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or sell any Content without our prior written consent.

4.3 Trademarks

All trademarks, service marks, and trade names displayed on the Site are the property of Kaiso Agency or their respective owners. You are not granted any rights or licenses to use any trademarks, service marks, or trade names without the prior written consent of the owner.

5. User-Generated Content

5.1 Submissions

If you submit any content, including but not limited to comments, feedback, suggestions, or other materials (“User Content”), to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

5.2 Responsibility for User Content

You are solely responsible for the User Content you submit to the Site. You agree that any User Content you submit will not violate any third-party rights, including but not limited to intellectual property rights, privacy rights, or any applicable laws or regulations.

5.3 Monitoring and Removal

We reserve the right, but are not obligated, to monitor, review, or remove any User Content submitted to the Site, at our discretion and without notice.

6. Third-Party Links and Services

6.1 Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Kaiso Agency. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites you visit.

6.2 Third-Party Services

Certain services or features offered on the Site may be provided by third parties. We are not responsible for the actions, products, or services of these third parties, and your use of such services is at your own risk.

7. Disclaimer of Warranties

7.1 Site Provided “As Is”

The Site and all Content, services, and features available through the Site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

7.2 No Warranties

To the fullest extent permitted by applicable law, Kaiso Agency disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.

8. Limitation of Liability

8.1 No Liability for Damages

To the fullest extent permitted by applicable law, Kaiso Agency, its affiliates, and their respective directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

8.2 Limitation of Direct Damages

To the fullest extent permitted by applicable law, Kaiso Agency’s total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed the amount you paid to us, if any, for access to the Site in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kaiso Agency, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

10. Termination

We reserve the right, at our discretion, to terminate or suspend your access to the Site, with or without notice, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to access and use the Site will immediately cease.

11. Governing Law and Jurisdiction

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of [Insert Jurisdiction], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in [Insert Jurisdiction] for the resolution of any disputes arising out of or related to these Terms or your use of the Site.

12. Miscellaneous

12.1 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

12.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kaiso Agency regarding your use of the Site, and supersede any prior or contemporaneous agreements, understandings, or representations.

12.3 Waiver

The failure of Kaiso Agency to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.