Welcome to Kaneva.com and related websites (individually and together, the "Site"). PLEASE READ THESE
TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES
AVAILABLE FROM IT. This Site is owned and operated by Kaneva, Inc. (referred to as "Kaneva"). "You" are the
person or entity using the Site, ordering or using Applications or described in the Site registration form.
By using this Site, ordering or using Applications, or clicking on a button indicating your consent, you
agree to these Terms including but not limited to conducting this transaction electronically, and to
disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Georgia law.
If you do not agree to these Terms, you do not have permission to use the Site. Kaneva reserves the right,
at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of
changes to these Terms will be posted on the Site or sent via e-mail. If any future changes to these
Terms are unacceptable to you, you must discontinue use of the Site.
Payment terms and refund information (if applicable) for Applications and other products are provided
in the ordering process and/or on the Help page in connection with ordering that product.
You may also be subject to additional terms and conditions when you use third-party content, services,
or software (including Applications) accessed through or promoted on the Site.
1. KANEVA SERVICES
Kaneva is a service provider, which means, among other things, that Kaneva does not control various
aspects of the Site. You acknowledge that Kaneva is a service provider that may allow people to
interact online regarding topics and content chosen by users of the Site, and that users can alter the
Site environment on a real-time basis. Kaneva generally does not regulate the content of communications
between users or users' interactions with the Site. As a result, Kaneva has very limited control, if any,
over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Site.
2. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site and/or Applications, you agree to provide true, accurate and
complete information about yourself as prompted by the Site registration or ordering process, provided
that in connection with registration, you do not need to use your full or true name for your member name
(all together, the “Account”). In addition, you agree to update that Account information in order to
maintain its truth, accuracy and completeness. Kaneva may deny you access to the Site and Applications
or reject your order in the event that your required information for your Account is untrue, inaccurate or
3. AGE LIMITATIONS
You must be 13 years of age or older to register an Account and participate in the Site. If you are
less than age 18 you must have your parent or legal guardian’s permission to use the Site, as well as
have them read and agree to the TERMS.
By accepting this agreement and these TERMS in connection with an Account, you represent, acknowledge
and agree that (i) you are at least 18 years of age and have read and accepted these TERMS; or (ii)
you are the parent or legal guardian of a user that is at least 13 years of age, and you have read and
accepted these TERMS.
4. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or Kaneva may, at Kaneva's option, be conducted electronically.
Kaneva may keep records of any type of communication conducted via the Site. All electronic records are
deemed sent when they are properly addressed to the recipient and the record enters an information processing
system outside the control of the sender or the record enters a region of an information processing system
under the recipient's control. All electronic records are received when the record enters an information
processing system that the recipient has designated or uses for the purpose of receiving electronic records
or information of the type sent, in a form capable of being processed by that system, and from which
the recipient is able to retrieve the electronic record.
5. OBLIGATION FOR USING YOUR PASSWORD
ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL
BE DEEMED BINDING ON YOU. You agree that you are solely liable for all actions taken via your password, whether
or not made with your knowledge or authority. You agree to guard your password carefully, with the full
awareness that a failure to keep it secure will enable others to engage in transactions through the Site for
which you will be legally responsible. If you suspect that someone may have obtained access to your password
who is not intended to have authority to act on your behalf, please contact Kaneva immediately to authorize
Kaneva to deny access to the Site to anyone else presenting your password.
6. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
Kaneva hereby grants you the limited right to view and use the Site only for the purposes of viewing or
playing content such as films or games, placing product orders or for accessing information, Applications
and services. Kaneva reserves the right to suspend, ban, reset any and all features of your account including
credits and rewards, or deny, in its sole discretion, your access to all or any portions of the Site
as described in Section 24. This license is limited to personal and non-commercial uses by you. Any rights
not expressly granted to you herein are reserved to Kaneva. Unless you have received specific written
permission from Kaneva, you may not (a) "frame" or otherwise impose editorial comment, commercial material
or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify
any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell,
or otherwise exploit the Site and/or Applications for any commercial purpose.
The Site may allow members to upload, post, and/or distribute member submitted content, and use of the Site for
this purpose is subject to the following conditions:
You represent and warrant that (a) all required registration information you submit is truthful and accurate
as described in Section 2;
(b) you will maintain the accuracy of such information; (c) you are 13 years of age or older and agree to the
age limitations described in Section 3; (d) your use of Kaneva does not violate any applicable law or regulation;
and (e) you agree to abide by the Kaneva Rules of Conduct posted on the Kaneva website. Your information may be
deleted and your Membership may be terminated without warning if we believe that you are less than 13 years of age.
You understand that all member feedback, data, comments, suggestions, information, text, data, software,
sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any
nature ("Materials") that are transmitted to or via the Site are the sole responsibility of the person
from which the Materials originated. This means you, and not Kaneva, are entirely responsible for the
Materials you transmit through the Site. Further, you understand that by using the Site you may be
exposed to Materials that are offensive, objectionable or indecent.
You shall not create a member name or nickname or upload to, distribute through or otherwise publish
through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry,
racism or pornography, depicts graphic or gratuitous violence, or are otherwise objectionable, or that
would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
Your Materials, member name and/or nickname will not disparage in any manner Kaneva, its Licensors, or their
Applications, products, or services and sites.
Your Materials, member name and/or nickname shall not infringe the copyright, trademark, publicity/privacy
right or other intellectual property right of any third party.
You shall not upload to, distribute through or otherwise publish through the Site any Materials that are directly
or indirectly commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation
for goods or Site. You specifically acknowledge that soliciting other members to join or become users or members
of any commercial online web site or other organization is expressly prohibited.
You shall not upload to, distribute through or otherwise publish through the Site any Materials that contain
viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the
functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
7. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
Kaneva may offer you the ability to use certain applications, services or software, and content such as games
and films for use therewith, either at no charge or for a fee (such applications, services, software and any
related content provided by Kaneva or its licensors is referred to herein collectively as "Applications").
For example, Kaneva may provide chat areas, bulletin boards, e-mail functions, software and services such as
Kaneva downloads that allow you to download specific content from the Sites to your computer, multi-player
games and software, and videos and music videos. Without limiting your obligations and restrictions described
in Section 6, your limited license to the Applications is subject to the following conditions:
The Applications that are made available to you are the copyrighted work of Kaneva and/or its suppliers.
Certain Applications may be owned by third parties and distributed under third party agreements and you agree
that Kaneva shall not be responsible for any loss or damage of any sort relating to your dealings with such
You shall provide and properly maintain at your expense a computing system and Internet connection that meets
or exceeds Kaneva’s system requirements
for access and use of the Site, Applications, and services. Kaneva does not provide Internet access, and
you are responsible for all expenses and fees associated with your computing system and Internet connection.
Unless expressly stated otherwise you are granted only a limited license to download and/or use the Application
from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the
Application or electronically transfer the Application from one computer to another or over a network, nor may you
separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or
otherwise reduce the Application to human perceivable form. You may not rent, lease or sublicense the Application.
You may not create derivative works of the Application and you may not export the Application in violation of any
U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by
Kaneva are reserved to Kaneva.
Kaneva may cease support of any Application at any time in its sole discretion, as further described in Section 24.
8. SERVICE FEE; ADDITIONAL FEATURE PURCHASES
(a) All fees are stated in U.S. Dollars. WHILE YOU CAN CONTINUE TO PLAY THE FREE PORTION OF THE VIRTUAL WORLD OF
KANEVA (“the Game”, “the Service”) ONCE YOU HAVE DOWNLOADED THE GAME WITHOUT HAVING TO PURCHASE ANY ADDITIONAL
FEATURES, IF YOU CHOOSE TO PURCHASE ADDITIONAL FEATURES OR USE PAID ASPECTS OF THE SERVICE, FEES ARE PAYABLE IN
ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION,
INTERRUPTION OR UNAVAILABILITY OF SERVICE. If you choose to pay for paid aspects and/or buy Additional Features
online using a credit card, we will automatically charge you through your chosen payment method for the purchases,
plus any applicable taxes we are required to collect, where you authorize us to do so. All fees and purchases are
payable in advance. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT. You represent to Kaneva that you are
the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects
of the Service and/or Additional Features purchase.
(b) YOU UNDERSTAND AND AGREE THAT ANY ATTEMPT TO MAKE ANY CHARGE BACK OR OTHERWISE RECLAIM OR OBTAIN A REFUND OF OR
A CREDIT AGAINST ANY FEES PAID WITHOUT FIRST HAVING OBTAINED KANEVA’S PRIOR WRITTEN CONSENT TO SUCH REFUND SHALL
ENTITLE KANEVA TO DEACTIVATE YOUR ACCOUNT UNLESS AND/OR UNTIL SUCH TIME AS THE FEES ARE REPAID OR A CREDIT OR REFUND
IS AGREED WITH KANEVA. DEACTIVATION WILL INCLUDE, NOT ONLY THE CASH AND CREDIT BALANCE TO WHICH THE REFUND OR CREDIT
WAS OBTAINED, BUT ALSO ALL ACCESS TO THE SERVICE INCLUDING PREVIOUSLY PURCHASED ADDITIONAL FEATURES AND/OR THE FREE
ASPECTS OF THE VIRTUAL WORLD OF KANEVA. YOU FURTHER AGREE THAT THE PAID ASPECTS AND/OR ADDITIONAL FEATURES FORM PART
OF THE SERVICE AND ARE DELIVERED ‘UNSEALED’ AUTOMATICALLY UPON RECEIPT OF THE FEES AND THEREFORE YOU HAVE NO
CANCELLATION RIGHTS (SAVE FOR A WILFULL ERROR OR FAULT WITH THE PAID ASPECTS AND/OR ADDITIONAL FEATURES IF REPORTED
IMMEDIATELY TO KANEVA).
(c) Kaneva reserves the right to alter the fees payable for the paid aspects of the Virtual World of Kaneva
and/or Additional Features or introduce alternative fee structures for the Service. If you do not agree to
any such alteration, you should not purchase Additional Features and/or you should terminate your Account
prior to the date on which the alteration takes effect, otherwise the revised amount will automatically be
debited to your Account.
9. VIRTUAL WORLD CURRENCY
KANEVA "CURRENCY" IS A LIMITED LICENSE RIGHT AVAILABLE FOR PURCHASE OR FREE DISTRIBUTION AT KANEVA'S DISCRETION,
AND IS NOT REDEEMABLE FOR MONETARY VALUE FROM KANEVA. You acknowledge that the Service presently includes a
component of in-world fictional currency ("Credits" or "Kaneva Credits"), which constitutes a limited license
right to use a feature of our product when, as, and if allowed by Kaneva. Kaneva may charge fees for the right
to use Kaneva Credits, or may distribute Kaneva Credits without charge, in its sole discretion. Regardless of
terminology used, Kaneva Credits represent a limited license right governed solely under the terms of this
Agreement, and are not redeemable for any sum of money or monetary value from Kaneva at any time. You agree that
Kaneva has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit
in its sole discretion, in any general or specific case, and that Kaneva will have no liability to you based on
its exercise of such right.
10. AGREEMENT TO PRICING AND BILLING
IN THE EVENT YOU CHOOSE TO USE PAID ASPECTS OF THE SERVICE, YOU AGREE TO THE POSTED PRICING AND BILLING POLICIES
ON THE SITE. Certain aspects of the Service are provided for a fee or other charge. These fees and charges are
described on the Site, and in the event you elect to use paid aspects of the Service, you agree to the pricing,
payment and billing policies applicable to such fees and charges. Kaneva may add new services for additional
fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion.
11. NO REFUNDS FOR CANCELLATION OR TERMINATION
YOU MAY CANCEL YOUR ACCOUNT AT ANY TIME; HOWEVER, THERE ARE NO REFUNDS FOR CANCELLATION. Accounts may be cancelled
by you at any time. Upon your election to cancel, your account will be cancelled within 2 business days. There
will be no refunds for any unused credits or any prepaid fees for any portion of the Service.
Kaneva has the right at any time for any reason or no reason to suspend or terminate your Account, terminate this
Agreement, and/or refuse any and all current or future use of the Service without notice or liability to you. In
the event that Kaneva suspends or terminates your Account or this Agreement, you understand and agree that you
shall receive no refund or exchange for any unused credits on the account, any license or fees, any content or
data associated with your Account, or for anything else.
In the event an Account is suspended or terminated for your breach of this Agreement (in each case as determined
in Kaneva's sole discretion), Kaneva may suspend or terminate the Account associated with such breach and any or
all other Accounts held by you or your affiliates, and your breach shall be deemed to apply to all such Accounts.
12. COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER KANEVA, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU
BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER
PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE
ASSIGNED TO YOU. Kaneva will not tolerate copyright infringement and reserves the right to block, disable, or
otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you
engage in copyright or other intellectual property infringement. The law provides for civil and criminal
penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site or Applications is prohibited, unless specifically authorized by Kaneva. Accordingly no such content or Applications may be used on another web site without express written permission from Kaneva. Please see Kaneva's Copyright Policy for more detailed copyright and trademark information, use limitations and for notice and procedures for making a claim of copyright infringement to Kaneva.
Kaneva respects your right to privacy and understands that visitors to Kaneva need to be in control of their
14. SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with Kaneva, Kaneva does not claim ownership in Materials
you submit, however, by submitting Materials in any form to Kaneva, in addition to other provisions of the
Terms, you automatically grant Kaneva a royalty-free, world-wide, non-exclusive, and assignable right and
license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from,
transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying
and promoting the Materials on any web site operated by, and in any related marketing materials produced by,
Kaneva and its affiliates.
You agree to indemnify and hold Kaneva, its, affiliates, officers, agents, partners and employees harmless
from any claim or demand, including reasonable attorneys fees, arising out of your content and materials,
your use of the Site, your violation of these Terms or your violation of any third party's rights including
such party's copyrights and trademarks.
16. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT (SUCH AS A EULA) BETWEEN YOU AND KANEVA,
THE SITE AND APPLICATIONS OFFERED AT OR THROUGH THE SITE, AND APPLICATIONS ARE PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. KANEVA HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED
BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE AND APPLICATIONS; LACK
OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES;
ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE;
AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE
SITE, APPLICATIONS, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS BORNE BY YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
IN ADDITION, KANEVA DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
17. ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE
FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN MULTI-PLAYER GAMES
OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR
REFERENCES. YOU AGREE THAT KANEVA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT
RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
18. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER KANEVA NOR ANY OF KANEVA'S AFFILIATES
OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY
INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT)
OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED
TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF KANEVA
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT,
TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY KANEVA OR ANY KANEVA AGENTS SHALL
BE, AT KANEVA'S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT
THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON KANEVA; OR (2) REFUND OF THE
AMOUNT THAT YOU PAID TO KANEVA. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN
IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
20. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of Kaneva, Kaneva’s suppliers, and any third parties mentioned
on the Site, in addition to other representations and obligations contained in these Terms, that: (a)
you possess the legal right and ability to enter into and make the representations and warranties contained
in these Terms; (b) all required information (as described in Section 2) submitted by you to the Site is
true and accurate; (c) you will keep your registration information current; (d) you will be responsible
for all use of your password even if such use was conducted without your authority or permission;
(e) you will not use the Site, Applications or Services for any purpose that is unlawful or prohibited by
these Terms; (f) you are the owner of the Materials and they are original to you; (g) the Materials do not
infringe any third party right, such as copyright, trademark, and publicity/privacy right; (h) the Materials
do not constitute defamation or libel or otherwise violate the law, and (i) you agree to defend, indemnify,
and hold Kaneva (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (h).
21. LINKS - ADVERTISERS
The Site may contain links to third party sites that are not under the control of Kaneva and Kaneva is
not responsible for any content on any linked site. If you access a third party site from the Site,
then you do so at your own risk. Kaneva provides links only as a convenience and the inclusion of the
link does not imply that Kaneva endorses or accepts any responsibility for the content on those third
party sites. Additionally, your dealings with or participation in promotions of advertisers found on
the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely
between you and such advertisers. You agree that Kaneva shall not be responsible for any loss or damage
of any sort relating to your dealings with such advertisers.
22. INTERNATIONAL USAGE
This Site is controlled and operated by Kaneva from its offices within Georgia, United States of America.
Kaneva makes no representation that the Site, Applications, or related information offered by Kaneva are
appropriate or available in other locations. Those who choose to access the Site 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.
The Site, Applications, and related information are the exclusive property of Kaneva or its suppliers.
All rights not licensed herein are hereby reserved to Kaneva or its suppliers.
24. TERMINATION OR CANCELLATION OF SITE ACCESS; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, Kaneva may terminate or cancel your access rights to the Site and/or Applications
immediately without notice. Kaneva may also block your use of the Site and/or Applications or direct you to
cease using it. Kaneva reserves the right at any time to modify or discontinue the Site, Applications, or any
part thereof and you agree that Kaneva shall not be liable to you or to any third party for any modification,
suspension, or discontinuance of the Site, Applications, or any part thereof, except you may receive a pro-rata
refund in the event such modification, suspension, or discontinuance materially affects your access to those parts
of the Site or Applications that you have paid for.
25. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or
otherwise heard in the appropriate forum in Fulton county Georgia. The parties hereto hereby consent to the
exclusive jurisdiction of the state and federal courts sitting in Fulton County Georgia, and hereby waive any claim
or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by
26. ENTIRE AGREEMENT
These Terms, as amended, your registration forms, and the disclosures provided by Kaneva and the consents
provided by you, constitute the entire agreement between you and Kaneva. If any provision of these Terms shall
be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining provisions. Kaneva's failure to act with
respect to a breach by you or others does not waive Kaneva's right to act with respect to subsequent or similar breaches.
You agree that Kaneva may amend or modify these Terms or impose new conditions at any time by updating these
Terms on the Site or upon notice from Kaneva to you as published through the Site or by email. Any use of
the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments,
modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate
your registration, if any, and refrain from using the Site or using or ordering Applications after that date.
No other amendments will be valid unless they are in a paper writing signed by Kaneva and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to
Kaneva by postal mail to: Kaneva, 270 Carpenter Drive, Suite 350,
Sandy Springs, Georgia 30328, or as to a successor address that Kaneva makes available on the Site or through
other reasonable manner. If applicable law requires that Kaneva accepts email notices (but not otherwise),
then you may send Kaneva email notice using Kaneva's Contact Kaneva Forum. With respect to Kaneva’s notices
to you, Kaneva may provide notice of amendments by posting them in the Site and you agree to check for
changes. Instead or in addition, Kaneva may give notice by sending email to the email address you provide
during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless
(as to email) the sending party is notified that the email address is invalid.
Last Updated on March 9, 2015.