Terms and Conditions

These Website Standard Terms And Conditions (“Terms” or “Website Standard Terms And Conditions”) shall govern your use of Kismet Design’s website, kismetdesign.io, including all pages, data and/or content within this website, regardless of how or if you were redirected (“Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Website Standard Terms And Conditions in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

If any provision of these Website Standard Terms And Conditions is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Website Standard Terms And Conditions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

This Website and all materials appearing on Kismet Design’s Website is provided “as is” and could include, without limit, technical, typographical, video, photographic and/or audio errors. Kismet Design does NOT make any express or implied representations or warranties of the materials on its Website, such as without limit to its accuracy, completeness, or that it is current. Kismet Design does not make any commitment to update said materials. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Kismet Design may make changes to said materials contained on its Website at any time without notice.

Kismet Design has not reviewed other websites linked to its Website and may not have reviewed all of the websites that Kismet Design’s Website links to (collectively, “Linked Site”), furthermore, Kismet Design is not responsible for the contents or security practices of any such Linked Site. The inclusion of any Linked Site does not imply endorsement by Kismet Design of any such site. Use of any Linked Site is at the user’s own risk and is outside of Kismet Design’s liability.

Kismet Design does not necessarily endorse nor is it responsible for the accuracy or reliability of statements made by third parties on its Website (whether caused to be placed there by Kismet Design or done so by another party).

Additionally, Kismet Design takes reasonable precautions to review all content published on its Website and those of other websites from third parties (as relating to Kismet Design), and when offensive, abusive, harassing content, including false or misrepresentative claims about its products or services or otherwise, is made, it will take corrective action(s) as permitted by law and regulation.  

By causing to display audio, video, text, images or other material on this Website (“Your Content”), you grant Kismet Design a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, alter and distribute it in any and all media, notwithstanding any other agreement between you and Kismet Design.

By publishing Your Content on this Website, you warrant that you have full and complete right to Your Content and that it is not infringing in anyway on any third party’s rights. Kismet Design reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

You are expressly and emphatically restricted from all of the following:

  1. Publishing, selling, sublicensing and/or otherwise commercializing Website in any media without the express written consent of Kismet Design;

  2. publicly showing Website for purposes of direct competition or to in any way reverse engineer the Website or to replicate any part of Kismet Design’s business;

  3. using this Website in any way that is, or may be, damaging to this Website;

  4. using this Website in any way that impacts user access to this Website;

  5. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  7. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Kismet Design may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

You hereby agree to defend, indemnify and hold harmless to the fullest extent Kismet Design from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable fees and expenses of attorneys and other professionals) arising out of or in any way related to your breach of any of the provisions of these Terms and/or in any way arising out of your usage of the Website.

You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms without express written consent from Kismet Design.

Any claim relating to Kismet Design’s Website or the service(s) that are provided through shall be governed by and construed in accordance with the laws of the State of California, excluding its body of law controlling conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties irrevocably consent to the personal jurisdiction and venue therein.

Kismet Design may revise these Terms for its Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • We will collect and use personal information solely with the objective of fulfilling those purposes specified by the services stated on our website, and as expressed in the Web Site Design and Development Agreement, and for other compatible purposes (“Services”), unless we obtain the consent of the individual concerned or as required by law.
  • We keep your information for as long as necessary for the fulfillment of Services, for compliance to applicable law, for the delivery of Services to other users of Service, for our legal protection. While we do our best to delete your information upon your disuse of our Services, there may be delay in our doing so.
  • We collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • We use the services of third-parties with the sole intent to deliver our Services (“Third Parties”). Anytime we use Third-Parties to deliver our Services to you, it is subject to the security and practices of Third-Parties.
  • NOTHING in this Website Standard Terms And Conditions apply to the practices of Third-Parties that we do not own or control, including but not limited to any Third-Parties websites, services and applications.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

More on Personal Information

When you interact with us, we automatically receive and store certain types of information, such as the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We may use the information we collect to serve our clients and potential clients with more relevant suggestions regarding our Services (referred to as “Retargeting”). This is statistical information used to monitor the usage of our website and for advertising purposes. This information does not include personal information, nor any information that would be identifying of any individual using our service.

Security

We implement a secure processing server (utilizing encryption) on our site when collecting information to ensure a high level of security for your personal information entered such as bank details and credit card information.

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