Last updated: May 15, 2020
As used in these Terms, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, employees, agents, licensors, licensees, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents.
You are solely responsible for your use of the Site and/or App and any content you submit as part of your use of the Site and/or App.
When using the Site and the App, you agree to abide by the following standards:
- You will obey all applicable laws and regulations;
- You represent and warrant that you are at least 13 years of age;
- You represent and warrant that you will not submit any content (privately or publicly) via the Site and the App or through any other means to us that:
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or
f. impersonates any person or entity, including any of our employees or representatives.
In addition, you agree as follows with respect to your use of the Site:
- not to alter or modify any part of the Site and/or the App;
- not to store, collect or retain content from the Site or App in a separate destination that in any way replicates any material offered from the Site or App;
- not to engage in any conduct that would constitute a criminal offence or give rise to civil liability of any nature;
- not to attempt to gain unauthorized access to our computer system or other computer systems through the Site or App;
- not to bypass, disable or otherwise interfere with any security-related features of the Site and/or the App or features that prevent or restrict the use or copying of any Site or App content or enforce limitations on the use of the Site and App or the Site and App content;
- not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or its third-party providers’) infrastructure;
- not to use or launch any system that accesses the Site and/or App automatically or to install or transmit any computer program or software on or via the Site and/or App;
- to act in a respectful and conscientious manner when using the Site and/or the App;
- not to use the communication systems provided by the Site and/or the App for any commercial solicitation purposes, except for those associated with the Services or as otherwise expressly permitted by us;
- not to solicit, for commercial or non-commercial purposes, any users of the Site and/or the App;
- that you are not entitled to remuneration or compensation of any kind from us for your use of the Site and/or the App; and
- not to use the Site or the App for any commercial or non-commercial purpose, except for those purposes associated with your personal use of the Services, without our prior written consent.
We neither endorse nor assume any liability for the contents of any material on the Site or the App, including any material uploaded or submitted by third party users of the Site or the App.
During the term of this Agreement, you shall adopt a user log-on identification (“User ID”) and password in order to use the Services. You are solely responsible for maintaining the confidentiality of your User ID and password and agree to use commercially reasonable efforts: (i) to protect the security of your User ID and password, and (ii) not to disclose any User ID or password to any person except on a need-to-know basis. For greater certainty, You are solely responsible for all usage of and activity on your account or by users using your User ID and password. KABU will not be liable for any unauthorized use of your User ID or password. You agree to immediately notify KABU in writing of any loss, unauthorized disclosure or actual or suspected unauthorized use of your account.
You acknowledge and agree that by creating an account, you agree to pay KABU the appropriate user fees corresponding to your use of the Services (the “User Fees”). KABU reserves the right to change the fee schedule at any time. Payment may be made through the use of a valid credit card or other payment method authorized by KABU from time to time. KABU reserves the right to change, or to stop accepting, any permitted payment method at any time in its sole discretion. You agree KABU may charge your credit card in the amount of your User Fees, and for any additional amounts (including any applicable taxes) as may be accrued by or due in connection with your account. You specifically acknowledge that KABU may use a third-party payment processing service in connection with your User Fees. You consent to the collection and use of Your Data (including, if applicable, personal information) by such payment processing service as necessary to process your payments.
You may not use your account or the Site or the App to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site or the App may be available to you or other authorized users of the Site or the App. You shall not interfere with anyone else’s use and enjoyment of the Site, the App or other similar Services. Users who violate systems or network security may incur criminal or civil liability.
Your failure to comply with any of the above conditions and restrictions of use constitutes grounds for us to immediately, and in our sole discretion, terminate your access to and use of the Site and the APP and THEIR contents. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with the Site and/or the App without prior notice to you for violating any of the above provisions. In such event, we shall have no liability to you or any third party for your failure to comply with the Terms or any losses or damages that may result from your use of the Site OR APP, nor for any interruption or termination of your access or use of the Site OR APP.
In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Site or App, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
Site and App Monitoring & Conduct External to the Site or App
We disclaim any obligation to monitor any content on or through the Site or App and we assume no obligation. We cannot guarantee and do not promise any specific results from the use of the Site and/or the App and your use of the Site and/or the App does not constitute a promise to provide the Services by us or any of our affiliates. You acknowledge and agree, however, that we do retain the right to monitor the Site or App and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests, to operate the Site and App properly, or to protect ourselves or our users.
Links from and to the Site or App
Modifications to the Site, App or Services
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or App, including, but not limited to, content, features or hours of availability, at any time with or without notice to you. We may also impose limits on certain features of the Site or App or restrict your access to part or all of the Site or App without notice or penalty, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on the Site and/or the App shall also be subject to these Terms.
Intellectual Property Information
For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site and/or the App.
By accepting these Terms, you acknowledge and agree that all content presented to you on the Site and the App is protected by copyrights, trademarks, service marks, patents or other proprietary or intellectual property rights and laws, and (subject to the language below regarding your ownership of your communications, content and material) is the sole property of KABU and/or its Affiliates. You may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute or otherwise exploit any documents or information from the Site or the App in any form or by any means without prior written permission from us and the specific content provider, if any, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Site or the App. Any unauthorized use of the materials appearing on the Site or the App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we nor our Affiliates warrant nor represent that your use of materials displayed on, or obtained through, the Site or the App will not infringe the rights, including without limitation intellectual property rights, of third parties.
Unauthorized Use of Materials
While you retain rights in such communications, content or material, you grant us and our Affiliates a non-exclusive, irrevocable, royalty-free and fully paid-up, perpetual, sublicensable, transferable and universal right and license to:
- copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose related to the Services provided hereunder regardless of the form or medium (now known or not currently known) in which it is used;
- stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and material, in connection with the provision of the Services available on the Site; and
You shall be solely responsible for your content and the consequences of submitting your content to us and the Site or the App. Where you are uploading or posting any information or other content to the Site or the App, you represent and warrant to us that you have the right to post this content and to grant the licenses to us described in these Terms, that such content contains no viruses or other malicious programming, that its posting does not infringe the intellectual property rights of another person, and that the content does not breach any of the provisions of these Terms.
DISCLAIMER OF WARRANTIES
THE SITE AND APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE, APP OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR APP WILL MEET USERS’ REQUIREMENTS. THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE AND THE MATERIALS ON THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE OR THE MATERIALS ON THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE OR SUCH MATERIALS.
THE SITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE SITE PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME.
THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR APP YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR APP.
LIMITATION OF LIABILITY
IN NO EVENT SHALL KABU OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, APP OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF KABU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF KABU TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF THE AGGREGATE OF AMOUNTS PAID BY YOU TO KABU AND $10.00 CANADIAN.
YOU AGREE TO INDEMNIFY AND HOLD KABU, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS IN INTEREST, EMPLOYEES, AGENTS, ASSIGNS, SUBSIDIARIES, AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS, OR EXPENSES (INCLUDING LEGAL AND OTHER PROFESSIONAL FEES), MADE AGAINST KABU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR APP ON A FULL INDEMNITY BASIS ARISING FROM YOUR USE OR MISUSE OF THE SITE OR THE APP, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE.
Although the Site and the App may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside Canada, and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site or the App from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your account or your access to all or part of the Site or the App with or without notice and for any reason including, without limitation, a breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.
Your account and this Agreement may also be cancelled by you at any time. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Site and the App immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Governing Law; Dispute Resolution
We control and operate this Site or App from our offices in the Province of British Columbia, Canada. We do not represent that material on the Site or App is appropriate or available for use in other locations. Persons who choose to access this Site or App from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Waiver of Jury Trial
Unless otherwise provided herein, these Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms may not be altered, supplemented, or amended by you by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site or the App is in conflict or inconsistent with these Terms, these Terms shall take precedence.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Site and the App, or use of or access to the Site or the App.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that or any other right or provision.
KABU Providing Information
KABU may send to your registered email address any updates regarding the Site and App. These updates will contain factual information about the Site and App only. Should you choose to no longer receive these updates, please click the link at the bottom of any such KABU email.
KABU may also use personal information to inform individuals of current and/or new products or services or other developments that KABU or its Affiliates believe will be of interest to individuals in accordance with Canada’s Anti-Spam Legislation. Such communications may be made by way of telephone, text message, direct messaging, e-mail, fax or regular mail. Individuals provide their consent to KABU and its Affiliates contacting them in this manner when they use KABU Services. Individuals may opt out of receiving such communications by contacting KABU at the address below.