WELCOME
TO K2PDF.COM, an online service provided by
Kinati Network Inc. to convert documents to
PDF format. By using our service, you will be
able to quickly and easily convert your formatted
document to PDF format!
The
following are the terms and conditions for use
of this document conversion service (the "SERVICE").
Please read them carefully. BY CLICKING ON THE
"I AGREE WITH THESE TERMS" CHECKBOX
AND SUBMITTING A DOCUMENT, YOU ARE STATING THAT
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THE TERMS OF SERVICE (the "TERMS").
1.
PRIVACY It is Kinati Network Inc.'s
policy to respect the privacy of users for the
SERVICE. Therefore, Kinati Network Inc. will
not monitor, edit, or disclose any personal
information about you or the documents you submit
for conversion to PDF format, including
their contents, without your prior permission
unless Kinati Network Inc. in its sole discretion
believes that such action is necessary to: (1)
comply with legal process; (2) otherwise protect
the legal rights of Kinati Network Inc.; (3)
enforce the TERMS; or (4) protect the interests
of users for the SERVICE or others.
You agree that Kinati Network Inc. may have
access to your email information and the documents
you submit for conversion to PDF format,
including their contents, for any of the reasons
stated above, or to respond to service or technical
issues.
2.
USER CONDUCT The SERVICE is provided
to individuals only. The user is permitted to
make commercial use of the documents it converts
to PDF format by the use of the SERVICE,
such as by posting them on user's own commercial
website or otherwise making use of such converted
documents in the ordinary course of user's business;
however, any actual or attempted commercial
use of the SERVICE itself by the user, such
as the user charging or attempting to charge
third parties a fee to convert the third parties'
documents to PDF format by running them
through the SERVICE, is expressly prohibited
and may result in immediate and permanent revocation
of user's access to the SERVICE. You agree that
your use of the SERVICE will at all times comply
with all applicable local, provincial, federal,
national and international laws and regulations,
and that you are solely responsible for all
acts or omissions that occur under your account
or password, including the content of documents
you submit to the SERVICE for conversion. By
way of example rather than limitation, you hereby
agree, among other things, not to: submit to
the SERVICE for conversion to PDF format
any illegal, unlawful, oppressive, harassing,
libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable documents
or other material of any kind or nature; submit
to the SERVICE for conversion to PDF format
any documents or other material that may infringe
upon the intellectual property rights or other
rights of third parties, including without limitation
such rights under the law of patents, trademarks,
copyrights and trade secrets; submit to the
SERVICE for conversion to PDF format any
documents or other material which contain or
include any viruses, trojan horses, worms, time
bombs, or any other harmful or destructive programs
or subroutines; violate any statute, regulation
or law regarding or pertaining to the transmission
of technical data or software exported from
Canada; interfere with or disrupt any networks
in connection with your use of the SERVICE,
nor violate the regulations, policies, procedures,
terms or conditions for the use of any such
networks; attempt to gain unauthorized access
to the documents or other material submitted
to the SERVICE by any other user, nor to any
other accounts, computer systems or networks
connected or related to the SERVICE, through
the use of password mining or by any other means;
or interfere with, or disrupt in any manner,
any other user's use of the SERVICE.
3.
DISCLAIMER OF WARRANTIES The SERVICE
may from time to time provide information and
links to content from third parties. Kinati
Network Inc. does not control in any respect
any information, products or services offered
by these third parties. The materials available
through the SERVICE and any third party are
provided "as is" and "as available"
and without warranties or conditions of any
kind, either express or implied. To the fullest
extent permitted by applicable law, Kinati Network
Inc. expressly disclaims all warranties and
conditions, express or implied, including, but
not limited to, implied warranties and conditions
of merchantability, merchantable quality, correspondence
to description and fitness for a particular
purpose. Kinati Network Inc. does not represent
or warrant that the SERVICE will be uninterrupted
or error-free, that defects will be corrected,
or that this site or the server that makes it
available, are free of viruses or other harmful
components. Kinati Network Inc. does not warrant
or represent that the use, or the results of
the use, of the SERVICE or from third parties
will be correct, accurate, timely, reliable
or be possessed of any other attribute or characteristic.
4.
LIMITATION OF LIABILITY To the fullest
extent permitted by applicable law, under no
circumstances, including, but not limited to,
negligence, shall Kinati Network Inc. be liable
for any direct, indirect, incidental, special
or consequential damages that result from the
use of, or the inability to use, the SERVICE,
any changes to the SERVICE, unauthorized access
to or alteration of your documents or other
materials submitted to the SERVICE, any documents
or other material or data sent or received or
not sent or received, or any transactions entered
into through the SERVICE. You specifically agree
that Kinati Network Inc. is not responsible
or liable for any threatening, defamatory, obscene,
offensive or illegal content or conduct of any
other party or any infringement of another's
rights, including intellectual property rights.
If you are dissatisfied with the SERVICE, the
materials available on or through the SERVICE,
or with any of the TERMS, your sole and exclusive
remedy is to discontinue using the SERVICE.
LIMITATION OR EXCLUSION OF WARRANTIES CONDITIONS,
AND/OR LIABILITY FOR SOME TYPES OF DAMAGES MAY
NOT BE PERMITTED IN SOME JURISDICTIONS, IN WHICH
CASE SOME OR ALL OF SECTIONS 4 AND 5 MAY NOT
APPLY TO YOU. IF PERMITTED BY LAW, KINATI NETWORK
INC.'S LIABILITY IS LIMITED TO RE-SUPPLYING
THE SERVICE.
5.
INDEMNIFICATION You agree to indemnify
and hold Kinati Network Inc., its parents, subsidiaries,
affiliates, officers and employees, harmless
of and from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any
third party due to or arising out of your use
of or conduct with regard to the SERVICE.
6.
TERMINATION Kinati Network Inc. may
terminate the SERVICE with or without cause
at any time and effective immediately. In addition,
Kinati Network Inc., in its sole and exclusive
discretion, may terminate your access to the
SERVICE for violation of the TERMS either in
letter or in spirit. If you wish to terminate
your account, your only recourse is to discontinue
use of the SERVICE. In addition, Kinati Network
Inc. may terminate your account for inactivity,
which is defined as failing to log into the
SERVICE for an extended period of time, as determined
by Kinati Network Inc.. Upon termination of
the SERVICE, your right to use the SERVICE immediately
ceases. Upon termination of the SERVICE, Kinati
Network Inc. shall have no obligation to maintain
any of your documents or other materials submitted
to the SERVICE or to forward them to you or
any third party.
7.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings with any advertisers that may from
time to time appear on the SERVICE, or any participation
in promotions, including the delivery of and
the payment for goods and services, and any
other terms, conditions, warranties or representations
associated with any such dealings or promotions,
are solely between you and the advertiser or
other third party. Kinati Network Inc. shall
not be responsible or liable for any part of
any such dealings or promotions.
8.
PROPRIETARY RIGHTS TO CONTENT You acknowledge
that content, including but not limited to text,
software, music, sound, photographs, video,
graphics or other material contained in either
sponsor advertisements or E-mail-distributed,
commercially produced information presented
to you by the SERVICE, by Kinati Network Inc.,
or by any advertisers or other content providers,
is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and
laws. You may make a copy of this content for
your personal and commercial use, provided that
you keep all copyright and other proprietary
notices intact. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute
in any way content available through the SERVICE,
including code and software.
9.
MODIFICATIONS TO TERMS, USER POLICIES KINATI
NETWORK INC. reserves the right to
change the TERMS or policies regarding the use
of the SERVICE at any time and to notify you
by posting an updated version of the TERMS on
the SERVICE site.
10.
LAWS The TERMS shall be governed by
and construed in accordance with the laws of
the Province of Ontario and Canada, excluding
their conflict of law provisions. You and Kinati
Network Inc. agree to submit to the exclusive
jurisdiction of the Superior Court of the Province
of Ontario in and for the City of Toronto. If
any provision(s) of the TERMS is held by a court
of competent jurisdiction to be contrary to
law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining
in full force and effect. Kinati Network Inc.'s
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 Kinati Network Inc. in writing.
You and Kinati Network Inc. agree that any cause
of action arising out of or related to this
SERVICE must commence within one (1) year after
the cause of action arose; otherwise, such cause
of action is permanently barred. The section
titles in the TERMS are solely used for the
convenience of the parties and have no legal
or contractual significance.
11.
CHOICE OF LANGUAGE You and Kinati Network
Inc. hereby expressly agree that the TERMS be,
and hereby are, set forth in the English language.
In the event you are not fluent in the English
language, you hereby represent and warrant to
Kinati Network Inc. that, before agreeing to
be bound by the TERMS, you have sought and obtained
a translation of them from a competent professional
translator, and have agreed to be bound by each
and all of the TERMS as set forth herein even
if an error of translation has occurred, for
which error you accept full responsibility and
which error you hereby agree to waive and not
raise as a possible defense or claim, or a part
or element thereof, in any action or proceeding
between you and Kinati Network Inc. arising
out of your use of the SERVICE.
Kinati
Network Inc.
