Terms of Service
Last Updated: January 5, 2022
Thank you for visiting this website of Kasheesh (“Kasheesh”, “we”, “us” or “our”). Before you use this website, please read the following terms and conditions (the “Terms”), which govern your use of, interactions with, or other access to https://www.kasheesh.co/ (the “Site”), and any other services offered by us through or in connection the Site (together with the Site, the “Services”). These Terms constitute a binding contract between you (the “User”) and Kasheesh.
If you agree to these Terms on behalf of another person, a company, or other legal entity, you represent and warrant that you have the authority to bind that person, company or other legal entity to these Terms and all of our other terms and conditions and, in that case, “you” and “your” (as used herein and in all our other terms and conditions, as applicable) will refer and apply to that person, company, or other legal entity. The representation and warranty that you have the authority to bind another person, company, or other legal entity shall be personally enforceable against you.
III. Changes to These Terms
IV. Obligations and Restrictions of Use
Your use of the Services is conditioned on strict compliance with these Terms. You may use the Services only for lawful purposes and in accordance with these Terms. Subject to the following non-exhaustive list of restrictions and obligations, you hereby agree that you will not use the Services in any way that:
Is unlawful, fraudulent, defamatory, obscene, or otherwise harmful, including, without limitations, accessing the Services in a manner that violates any applicable laws, statutes, or regulations, infringes or violates any other person’s or entity’s rights, or that which Kasheesh, in its sole discretion, finds to be obscene or defamatory;
Is in violation of any applicable laws, statutes, or regulations, including all laws in your country of residence or citizenship that are applicable to the transmission of data on the internet, including, without limitations, laws governing the use of encryption, transmission of data across international boundaries, and relating to Personal Information;
Defames, harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others (e.g., rights of privacy);
Transmits, or assists in procuring the sending of, any advertisement or promotional material without our prior written consent, including, without limitations, any “junk mail,” “chain letter,” “spam,” or any other similar solicitations;
Is related to any manual process concerning monitoring or copying any of the material, including, without limitations, the Licensed Material, available on or through or through the Services, or for any purpose not expressly authorized in these Terms, without our prior written consent; and
Encourages another individual or entity to engage in an activity that would constitute a violation of these Terms.
With regards to the security of the Services, you hereby agree that you will not use the Services in any manner that could disable, overburden, damage, or impair the Services, including, without limitations: (1) introducing any viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or are technologically harmful; (2) taking any action to attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, host or database connected to the Services; (3) attacking the Services via a denial-of-service attack or a distributed denial-of-service attack; and (4) otherwise attempting to use any device, software, or routine or taking any action that interferes with the proper working of the Services.
V. Violations of These Terms and Our Suspension and Termination Rights
VI. Intellectual Property
All content available through the Services, including, without limitation, all information, software, text, displays, images, video files, audio files, and photographs and the design, selection, and arrangement thereof delivered through the Services, as well as any logos, trade dress, or other identifying characteristics of the Services, is owned by Kasheesh and its licensors (collectively, the "Licensed Material").
The Licensed Material is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Under these Terms, you are permitted to use the Licensed Material solely for personal, non-commercial use. Kasheesh and its licensors retain all right, title, and interest in any intellectual property as well as other applicable proprietary rights in the Licensed Material and your use of, interactions with, or access to the Services and any Licensed Materials available on or accessible through the Services is not intended and does not grant you any right, title, or interest in the Licensed Materials. Except as expressly authorized by Kasheesh, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Licensed Material, or use the Licensed Materials in connection with any with any product or service without our prior written consent
You must seek and obtain written consent from Kasheesh if you desire to use the Licensed Materials and any other content available on or through the Services in any way that is not authorized by these Terms. Kasheesh may, in its discretion, take action against you if you infringe the copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights of Kasheesh.
b. Digital Millennium Copyright Act
We respect the copyrights of others. If you believe that your work is accessible on or through the Services in a way that constitutes copyright infringement in accordance with the Digital Millennium Copyright Act 17 U.S.C § 512(c)(3) (the “DMCA”), you may notify us by sending an email or a written notice to our designated agent for infringement claims including the following information:
A physical or electronic signature of person authorized to act on behalf of the owner of a right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on our Site or available through the Services are covered by a single notification, a representative list of such works;
An identification of the material(s) that is claimed to be infringing and access to which is requested to be disabled, in addition to information reasonably sufficient to permit ACEUM to locate such material, such as a URL identifying where it is located on or through the Services;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement by you, stating that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you under the penalty of perjury that the information in the notification is accurate and that you are authorized to act on behalf of the rights-holder whose right is allegedly infringed.
Our designated copyright agent to receive DMCA notices is:
Moses & Singer LLP
405 Lexington Avenue
New York, NY 10174
Attn: Jason E. Johnson, Esq
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site or displayed anywhere else via the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA
VII. Third-Party Services and Third-Party Carriers
a. Third-Party Service Providers
b. Third-Party Carriers
We do not warrant that the Services will be compatible with device, browser, or carrier. Your use of, interaction with, or access to the Services may be subject to the terms of your agreements with your device manufacturer, browser service provider, or carrier. You may not use a modified device to use the Services if the modification is contrary to device manufacturer’s, browser’s, or carrier’s software or hardware guidelines, or any other terms and conditions of the device manufacturer, browser, or carrier.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS AND YOU ARE USING, INTERACTING WITH OR OTHERWISE ACCESSING THE SERVICES AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KASHEESH MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ORAL, IN WRITING OR IN ELECTRONIC FORM, AND WHETHER ARISING UNDER STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES, CONDITIONS OR GUARANTEES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AS RELATED TO OR IN CONNECTION WITH THESE TERMS, THE SUBJECT MATTER HEREOF AND THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, SECURITY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN OR ACCESSED THROUGH THE SERVICES, WHETHER OR NOT PROVIDED BY KASHEESH OR BY ANY OF THE INDEMNIFIED PARTIES. KASHEESH MAKES NO WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
By using, interacting with or otherwise accessing the Services, you also hereby acknowledge and agree that we may from time to time, update the content, including, without limitation, the Licensed Materials, available on or through the Services. Such updates do not necessarily constitute content that is complete or up-to-date. At any time, any of the content on or available through the Services may be out of date, and we are under no obligation to update such content.
X. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF, INTERACTION WITH OR OTHER ACCESS TO THE SERVICES REMAINS WITH YOU. IN NO EVENT WILL KASHEESH, THE INDEMNIFIED PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT AVAILABLE THEREON, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, RELIANCE, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, WHETHER SUCH DAMAGES ARE BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTE, COMMON LAW OR ANY OTHER LEGAL THEORY, WHETHER NOW KNOWN OR YET TO BE DEVISED, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER ANY OF THE FOREGOING PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE USE OF, INTERACTION WITH OR OTHER ACCESS TO THE SERVICES, THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT. THIS PROVISION SHALL SURVIVE DESPITE A FINDING OF A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY CONTAINED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO AGREE AND ACKNOWLEDGE THAT KASHEESH AND THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF, INTERACTION WITH OR OTHER ACCESS TO THE SERVICES, ANY CONTENT OR MATERIALS CONTAINED THEREON, OR OTHER ITEMS OBTAINED THROUGH THE SERVICES, OR ON ANY WEBSITE, PLATFORM, PORTAL OR FUNCTION LINKED TO THE SERVICES.
XI. Choice of Law and Venue
a. Choice of Law
You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws. Any action based on, relating to, arising out of or alleging a breach of these Terms must be brought in a state or federal court in New York City, New York or an arbitration in New York City, New York before a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, and the parties hereby irrevocably and unconditionally submit to the exclusive personal jurisdiction and venue of such courts over such claims.
b. Service of Process
Each party hereby irrevocably and unconditionally consents to service of process through personal service at corporate headquarters, registered address, or primary address (for individual Users as submitted to us). Nothing in this Agreement will affect the right of any party to serve process in any other manner permitted by Law.
XII. Entire Agreement
These Terms constitute the entire agreement between the parties hereto. Unless otherwise specified herein, the Terms and any of our other terms and conditions govern your use of, interactions with, or access to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Kasheesh with respect to your use of, interactions with or access to the Services.
XIII. No Waiver
No waiver of a right under these Terms will be effective unless it is in writing. No single waiver of a right shall be deemed a further or continuing waiver of such or any other provision. In addition, a delay or failure to assert any right under these Terms, to partially assert that right, or a single exercise of that right shall not in itself constitute a waiver of that right as provided in these Terms.
If any part of these Terms is held invalid or unenforceable for any reason by any court of competent jurisdiction, it shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties. The invalidity or unenforceability of any part or provision of these Terms will not affect the validity of the rest of the Terms, which will shall remain in full force and effect.
XV. Contact Kasheesh
If you have any questions about these Terms, please contact us at [email protected] or write to us at:
5 W 20th Street
New York, NY 10011
Last Updated: January 5, 2022