Kraken Resources is pleased to provide access to our website and related materials (collectively, the “Site”). Your use of the Site is subject to the binding legal agreement set forth below (the “Terms”).
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE, DO NOT USE THE SITE FOR ANY PURPOSE.
HOW YOU CAN USE THE SITE
Generally, the Site is made available only for personal, non-commercial use. You are permitted to make a single, temporary copy of materials made available to you through the Site but only for your personal, non-commercial use. You may not modify, reformat, copy, display, distribute, transmit, broadcast, publish, license, create derivative works from, transfer or sell any materials made available to you through the Site. Additionally, you shall not:
- interfere with others’ use of the Site or act in a way that negatively affects other users’ enjoyment of the Site;
- upload, post, e-mail, transmit or otherwise use any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Site, users’ ability to enjoy the Site, or the proper functioning of any software, hardware or equipment or materials used in connection with the Site;
- circumvent access controls or attempt to gain access to portions of the Site which you are not authorized to access;
- use or exploit any errors in design, features which have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by Kraken Resources;
- harass, stalk, threaten or abuse other people when using the Site in any manner;
- send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Site;
- frame or mirror any part of the Site without our express prior written consent;
- use a false identity or impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Kraken Resources;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- create a database by systematically downloading and storing content from the Site;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather information, content or other materials from the Site or reproduce or circumvent the navigational structure or presentation of the Site;
- international law and any regulations having the force of law;
- attempt any of the above acts or engage or permit another person to do any of the above acts; or
- use this Site other than in accordance with these Terms.
TERMS SUBJECT TO CHANGE
We can change these Terms at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, DO NOT ACCESS OR USE THE SITE IN ANY MANNER FOR ANY PURPOSE.
We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, all or any part of the Site, at any time and for any reason and without notice, including, but not limited to:
- restricting the time all or any part of the Site is available;
- restricting the amount of use all or any part of the Site is permitted;
- restricting or terminating any user’s right to use all or any part of the Site.
We reserve the right to suspend or terminate use of the Site by anyone:
- who does not follow these Terms, but we have no obligation to do so;
- if there is an emergency or we need to perform some maintenance on our Site; or
- for any other reason, in our sole discretion.
You agree that we are not liable to you (or any third party making claims through you) for any termination, suspension, restriction, modification, or discontinuance of the Site.
PRIVACY AND DATA PROTECTION
The Site may contain links to other websites, applications or content, which links may appear to such other websites, applications or content hosted or provided by third parties into the interface of the Site. Your use of any such other website, application or content is subject to the legal terms and privacy policies established by such third parties. Kraken Resources is not able to control these third-party websites, applications or content, and assumes no responsibility for their subject matter, legal terms, privacy policies or practices. The provision of links to third-party websites, applications or content should not be interpreted as endorsement or approval by Kraken Resources of the any such third parties or their products or services. By using the Site, you expressly relieve Kraken Resources from any and all liability arising from your use of any third-party websites, applications or content.
The Site is owned by Kraken Resources (or its licensees, as applicable) and is protected by applicable law, with all rights reserved. Except for the limited permission to use the Site for your personal, non- commercial use set forth above, when you use the Site, you are not receiving a license or any other rights, including any intellectual property or other proprietary rights, from Kraken Resources.
The Kraken Resources name and logo, Kraken Resources, and all other trademarks, service marks and logos used by Kraken Resources appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of Kraken Resources (the “Marks”). All other company names, product names, logos, trademarks, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use company names, product names, logos, trademarks, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other company names, product names, logos, trademarks, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL CONTENT PROVIDED VIA YOUR ACCOUNT, AND AGREE TO INDEMNIFY AND HOLD KRAKEN RESOURCES AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SHAREHOLDERS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT WE MAY INCUR IN CONNECTION WITH A THIRD-PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR ACCESS TO OR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS OR THE RIGHTS OF ANY THIRD-PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRAKEN RESOURCES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL (INCLUDING THIRD-PARTY INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL) INCLUDED IN OR ACCESSIBLE FROM THE SITE. YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY INFORMATION OR MATERIAL YOU DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL (INCLUDING THIRD-PARTY INFORMATION, APPLICATIONS, CONTENT AND OTHER MATERIAL) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT KRAKEN RESOURCES MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT KRAKEN RESOURCES DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. Applicable law in some jurisdictions may not allow the disclaimer of certain warranties so some or all of the above disclaimer may not apply to you in such jurisdictions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KRAKEN RESOURCES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO ANY USE, INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, EVEN IF KRAKEN RESOURCES HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. Applicable law in some jurisdictions may not allow the limitation or exclusion of liability or incidental or consequential damages so some or all of the above limitation or exclusion may not apply to you in such jurisdictions.
The Site is a general audience website and a business website. As such, it is not intended for children or minors. Although it may contain information that may be of interest to children, our Site is not directed at children and we do not knowingly collect or solicit personal information from children under the age 13. Use of this Site is prohibited for anyone under the age of 13. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardian before using the Site.
These Terms are the entire agreement between you and Kraken Resources. They supersede any and all prior or contemporaneous agreements between you and Kraken Resources relating to your use of the Site.
Kraken Resources failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. Any waiver by Kraken Resources must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Kraken Resources of any breach of any provision of these Terms or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.
This Site is controlled by Kraken Resources from its offices in Houston, Texas USA. If you choose to access this Site from other jurisdictions, you are responsible for compliance with local laws, if applicable. Any claim relating to this Site shall be governed by the laws of the State of Texas, without regard to conflict of laws principles. Accessing this Site also constitutes your agreement to submit to jurisdiction and venue in Harris County, Texas.
This Site is owned and operated by Kraken Resources, LLC. All references in these Terms to “Kraken Resources, LLC”, “Kraken Resources”, “we”, “us”, “our” and like terms should be interpreted to cover Kraken Resources, LLC and its affiliated companies.
If you have any questions regarding these Terms or any other matter, you may contact us by writing to us at Kraken Resources, LLC, 9805 Katy Freeway, Suite 300, Houston, TX 77024, or by e-mailing us at firstname.lastname@example.org.
We reserve the right to monitor your communications with us whether by voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs. Any concepts, techniques, procedures, methods, systems, designs, plans, charts, ideas, or other materials you transmit to Kraken Resources may be used by Kraken Resources for any reason, anytime, anywhere.