The Services are owned and/or controlled by Silverback HOSTS. Silverback HOSTS has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
1.Change or terminate all or any part of our Services:
2.Restrict or terminate your access to all or any part of our Services; or
3. Refuse, move, or remove any content that is available in the Services and any material that you submit to the Services.
- 1.You must be at least 18 years old to use the Services.
- 2.You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights.
- 3.With the exception of people or businesses that are expressly authorized to create accounts on your behalf, Silverback HOSTS prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
You represent that all information you provide or provided to Silverback HOSTS upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- 5.You agree that you will not solicit, collect or use the login credentials of any other user, including, but not limited to the password or account of other users.
6. You acknowledge that you are solely responsible for maintaining the confidentiality of your password and account. You agree to: (i) notify Silverback Hosts immediately of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. Silverback Hosts cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
- 7. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (e.g., federal, state, local, and provincial) applicable to your use of the Services and your User Content (as defined below), including, but not limited to, privacy, copyright and trademark laws.
- 8.You are solely responsible for your conduct and any data, text, files, information, your username, images, graphics, photos, profiles, audio and video clips, and any other content or materials (collectively, “User Content”) that you submit, post or display on or via the Services.
- 9.You may not post any User Content that is not owned by you.
- 10. Reservations: Dates cannot be changed once booked; valid only for period of time purchased. Cancellation policy: 72-hour cancellation notice required prior to check-in or reservation is non-refundable; reservations made within cancellation window are non-refundable. Rates may vary by date and are subject to availability and can change without notice. No-shows will be charged total rate; no refunds, rescheduling, or rebooking allowed. Deposits are non-refundable.
- Access to the Services:
- Silverback Hosts is providing you with the information and functionality in the Services. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. You must be 18 years of age or older to register for and/or use the Services. If you do not qualify, please do not use the Services. Silverback HOSTS reserves the right to deny access and/or registration to the Services to anyone at any time in its sole and absolute discretion.
- Use of Interactive Areas:
- The Services may allow you to submit User Content. The Services may also contain areas that allow for user interaction, including, for example, the ability to text your clients or other message and communication features (“Interactive Areas”). You are entirely responsible for all User Content that you upload, post, email or otherwise transmit via the Services. You agree to only transmit User Content and information that is proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not transmit User Content or engage in any other activity through the Services that:
- 1. Defames, threatens, abuses or otherwise violates the legal rights of others;
- 2. Is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
- 3. Infringes another’s rights to privacy, publicity, or intellectual property;
- 4. Collects or stores personal information about others;
- 5. Contains advertisements, promotions, commercial solicitations, contests or surveys not previously approved by Silverback Hosts;
- 6. Contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
- 7. Contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Services, or any software, hardware or other related equipment;
- 8. Disrupts or otherwise interferes with the Services or the networks or servers used by Silverback Hosts;
- 9. Impersonates any person or entity or misrepresents your connection or affiliation with a person or entity; or
- 10. Constitutes illegal activity.
- Silverback Hosts reserves the right (but is not obligated) to review, edit, or delete any User Content you post to the Services and to terminate your access to the Services or to any Interactive Area at any time without notice for any reason whatsoever.
- Submissions to Interactive Areas and Licensing of User Content:
- You acknowledge that any information or User Content you post to an Interactive Area may be viewed by others, including, for example, your recommendations and reviews. Silverback Hosts does not endorse or control the content, messages or information transmitted through any Interactive Area and, therefore, SilverbackHosts specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. By submitting User Content to the Interactive Areas, or otherwise to the Services, Kathryn’s App, or its affiliates (including, without limitation, via email), you acknowledged that such User Content and any geographical identification metadata (geotags) or other metadata, attributes, features or characteristics relating to the User Content (“Metadata”) may not be confidential.
- You represent and warrant that: (i) you own the User Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your User Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
- You acknowledge and agree that Silverback Hosts may archive, preserve, store or use any User Content and Metadata you submit, post or upload to the Services, when permitted by law. You further acknowledge that Silverback Hosts may also disclose that User Content and Metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any User Content or Metadata violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Silverback Hosts, the Services, its users and the public.
- Proprietary Rights:
- You acknowledge and agree that content contained in the Services or information presented to you through the Services may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by Silverback Hosts or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of the Services, in whole or in part. You may not reverse engineer, decompile, or disassemble the Services or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Services owned by Silverback Hosts are the copyright of Silverback Hosts. All rights reserved. You agree that all of Kathryn’s App’s trademarks, trade names, service marks, logos and service names are trademarks and are property of Silverback Hosts (the “Silverback Hosts Marks”). You agree not to display or use in any manner the Silverback Hosts Marks, without the express prior permission of Silverback Hosts.
- All content on or within the Services may change at any time. The information on or within the Services may contain inaccuracies and typographical errors. Silverback Hosts shall not assume any responsibility or liability for any such inaccuracies, errors or omissions. Silverback Hosts reserves the right to make changes, corrections, cancellations and/or improvements to the information on or within the Services at any time without notice.
- It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Services. You acknowledge that you may not rely on any content on the Services. Silverback Hosts does not endorse or represent the reliability, accuracy or quality of any information, or the services or products displayed or advertised by any third party on or within the Services. Silverback Hosts makes no representations or warranties, express or implied, with respect to the information provided on or within the Services.
- Third-Party Websites and Advertisements:
- Any material or links to third-party websites and resources that may be included on or within the Services are provided for informational purposes only. Providing links to third-party sites by us should not be interpreted as endorsement or approval by Silverback Hosts of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on or within the Services or any third-party website which may be accessed by a link on or within the Site, including any representations or warranties as to accuracy or completeness. Because SilverbackHosts has no control over third-party websites and resources, you acknowledge and agree that Silverback Hosts is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Silverback Hosts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
- Some of the Services may be supported by advertising revenue and may display advertisements and promotions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that Silverback Hosts may not always identify paid services, sponsored content or commercial communications as such.
- No Reproduction or Resale:
- You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services or access to the Site.
- You agree to indemnify, defend and hold Silverback Hosts, its affiliates and its and their respective directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of these Terms or your infringement of any intellectual property or other right of any other person or entity.
- Silverback Hosts does not assume responsibility to you or others for any failure by Silverback Hosts to enforce the provisions contained in the Terms.
- You agree that Silverback Hosts, in our sole discretion and with or without notice, may terminate your use of the Services (or any part thereof) for any reason, including, without limitation, for lack of use or if Silverback Hosts believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Silverback Hosts may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Silverback Hosts may immediately bar any further access to the Services. Further, you agree that Silverback Hosts shall not be liable to you or any third party for any termination of your access to the Services.
- General Acknowledgments:
- You acknowledge that Silverback Hosts may establish general practices and limits concerning your use of the Services. You agree that Silverback Hosts has no responsibility or liability for the failure of the Services and the deletion of content, including, without limitation, any User Content maintained or transmitted by the Services. Silverback Hosts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Silverback Hosts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further acknowledge that Silverback Hosts reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
- DISCLAIMER OF WARRANTIES:
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- 1.YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND INFORMATION AND MATERIAL ON OR WITHIN THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SERVICES AND INFORMATION AND MATERIAL ON OR WITHIN THE SERVICES, SILVERBACK HOSTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICES OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE COMPANY EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
- 2.SILVERBACK HOSTS MAKES NO WARRANTY THAT (i) THE SERVICES AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SERVICES OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SERVICES AND ITS CONTENTS AND SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
- 3.ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- 4.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KATHRYN’S APP OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Territorial Restrictions:
- The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which could subject Kathryn’s App to any registration requirement within such jurisdiction or country. Kathryn’s App reserves the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, services or other feature that Kathryn’s App provides.
- Software related to or made available by the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported: (a) into (or to a national resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
- Governing Law and Venue:
- You and Silverback Hosts agree that the Terms and the relationship between you and Silverback Hosts shall be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflict of laws analysis. You and Silverback Hosts hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Clark, Nevada, or the United States District Court for the District of Nevada, located in Las Vegas, Nevada. Any and all legal proceedings arising out of or relating to the Terms shall be brought in Nevada and you agree not to commence any legal proceedings related thereto except in such court. You and Silverback Hosts irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
- These Terms were written in English (U.S.). To the extent any translated version of these Terms conflicts with the English version, the English version controls.
- Silverback Hosts' failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Silverback Hosts in writing.
- If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
- Time Limitation:
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your relationship with Silverback Hosts, these Terms, or your use of the Services must be filed within two (2) years after such claim or cause of action arose; otherwise, your claim is permanently and forever barred.
- The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.