Terms of Use

Welcome to Kama, operated by Kama Communication Solutions Corporation (“us,” “we,” the “Company” or “Kama”).

1. Acceptance of Terms of Use Agreement

By creating a Kama account or by using Kama services, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement (the “Terms”). 

BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICE.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on Kama.club, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Kama, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

2. Eligibility

The Service is only available for individuals eighteen (18) years of age or older. As such, you must be at least 18 years of age to create an account on Kama and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Kama,

  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction.

  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

  • you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

3. Use of the Service

You agree that you will only use the Service, including the posting of any content through the Service, in a manner consistent with these Terms and compliant with any and all applicable local, provincial, federal and international laws and regulations.

 

a. Account

In order to use Kama, you will need to register and create only one (1) unique Kama account for your use of the Service (your "Kama Account"). may sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Kama users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Kama, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

b. Exclusive Use

You will only use the Service for your sole, personal use and not in connection with any commercial activities. You will not authorize others to use the Clover Services, gain access to your Kama Account or otherwise attempt to transfer your right to use the Service to any other person or entity.

 

c. Cellular Data Charges

Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Service, including from any notifications provided by the Service.

d. Safety - your Interactions with Other Users

Though Kama strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both indicated interest in one another, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT KAMA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. KAMA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. KAMA RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT KAMA MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

e. User Conduct

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.

  • use the Service for any harmful purpose.

  • use the Service in order to damage Kama.

  • spam, solicit money from or defraud any users.

  • impersonate any person or entity or post any images of another person without his or her permission.

  • bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.

  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

  • use another user’s account, share an account with another user, or maintain more than one account.

  • create another account if we have already terminated your account, unless you have our permission.

Kama reserves the right to investigate and/or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that Kama regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

4. Modifying the Service and Termination

Kama is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

Kama may terminate your account at any time without notice if it believes that you have violated this Agreement.

5. Rights Kama Grants You

Kama grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Kama and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.

  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Kama’s prior written consent.

  • express or imply that any statements you make are endorsed by Kama.

  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

  • upload viruses or other malicious code or otherwise compromise the security of the Service.

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.

  • “frame” or “mirror” any part of the Service without Kama’s prior written authorization.

  • use meta tags or code or other devices containing any reference to Kama or the Service (or any trademark, trade name, service mark, logo or slogan of Kama) to direct any person to any other website for any purpose.

  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.

  • use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.

  • use, access, or publish the Kama application programming interface without our written consent.

  • probe, scan or test the vulnerability of our Service or any system or network.

  • encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

6. Rights you Grant Kama

By creating an account, you grant to Kama a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Kama’s license to your Content shall be non-exclusive, except that Kama’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Kama would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Kama can prevent the use of your Content outside of the Service, you authorize Kama to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Kama users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Kama above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Kama allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Kama regarding our Service, you agree that Kama may use and share such feedback for any purpose without compensating you.

You agree that Kama may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

 

7. User Content

You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Kama through the Service or to other Users (collectively referred to as "post"), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are "User Content"). Kama does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is Clover liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.

You will not post any inaccurate, misleading, incomplete or false information or User Content to the Service or to any other User through the Service. You agree that all images posted to your Kama Account are of you. You may be required to supply certain information and post a photo of yourself to use the Service.

Kama may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice. You are solely responsible for creating backup copies and replacing any User Content that you post or store on the Service at your sole cost and expense. This includes Kama's right to modify or crop any photos you post to comply with Kama's policies, practices and procedures.

By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to Kama, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium.

 

8. Other Users’ Content

Although Kama reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Kama cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.

9. Reservation Services

1. Restaurant Reservations. Kama makes available restaurant reservation services (the “Reservation Services”) through the Kama Service to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through the Service, Kama contacts the Restaurant. The availability of reservations, estimated wait time or place in line on a waitlist is determined at the time of User’s query and based on information provided to Kama by the Restaurant. Once a reservation or waitlist request is made by User through the Service, Kama will provide confirmation of the reservation or waitlist status to User by email or other electronic messages as has been agreed to by User. By using the Reservation Services, User agrees to receive reservation and waitlist confirmations, updates, modifications and/or cancellations by email or other electronic messages.

 

2. No-Show Policy. Kama is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 1 hour in advance of the reservation. You may cancel your reservation via the Service. You may be required to cancel your reservation in accordance with the Restaurant’s cancellation policy, which is disclosed at the time the reservation is made.Upon arriving at the Restaurant, it is the User’s responsibility to notify the host that the User has a reservation. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case.Users are expected to arrive at a meeting (“Date”) they showed content on going through Kama Service, unless they cancel the Date through the Service at least an hour before the time of the Date. If User does not arrive at the Date, and did not cancel through the Service at least an hour before the time of the Date, the User might be reported to Kama, and as such, may be subject to suspension of the User’s Kama Account.

 

10. Notice and Procedure for Making Claims of Copyright Infringement.

You will not post, copy, transfer, create any derivative works from, distribute, reproduce or show in any manner any copyrighted or trade-marked or other proprietary information or materials, including any User Content posted by other Users, without the prior consent of the owner of such proprietary rights. You acknowledge that information or materials available through the Service may have copyright protection whether or not it is identified as being copyrighted.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

  • your contact information, including address, telephone number and email address;

  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to the.kama.club@gmail.com, by phone to 646-249-1329 or via mail to the following address:

Kama Communication Solutions, 550 w 114th Street, New York, NY, USA, 10025

Kama will terminate the accounts of repeat infringers.

 

11. Disclaimers

KAMA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KAMA DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

KAMA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

KAMA DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.

 

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KAMA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF KAMA HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL KAMA’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO KAMA DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST KAMA, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

13. Governing Law

Except where our arbitration agreement is prohibited by law, the laws of New York, U.S.A., without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to this Agreement, the Service, or your relationship with Kama. 

14. Venue

Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Dallas County, Texas, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Kama that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of City of Lewes, County of Sussex, State of Delaware, U.S.A. You and Kama consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.

 

15. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Kama, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

 

16. Privacy

Kama takes the protection of your personal information seriously. Please refer to our Privacy Policy for information about how Kama collects, uses, stores and discloses personal information from its Users. You understand and agree that if you post any User Content, information or material of a personal or private nature in your profile or in any private or public areas of the Service or post or provide to Kama any information or content which is intended to be shared with other Users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Service you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy.

15. Questions and Comments

If you have any questions regarding these Terms or your use of the Service, please contact us at:

the.kama.club@gmail.com

©2020 by Kama Communications Solutions, Inc.