Terms of Service and Use
The following is a legal agreement between Dominion Enterprises dba
KATABAT, a Illinois company with offices at 351 West Hubbard, Suite 600,
Chicago, Illinois, 60610 referred to as "KATABAT," "we," "us," or "our”)
and the user of this Site (referred to as "you").
By accessing, browsing and/or using this Web site (referred to as
"Site"), you acknowledge that you have read, understand, and agree to be
bound to these terms of service (referred to as "Terms") and to comply
with all applicable laws and regulations. THIS AGREEMENT CONTAINS
WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO
YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to
these Terms, please do not use this Site.
Your Use of the Site
KATABAT hereby grants you a limited license to use the materials,
features, and services provided by KATABAT on this Site (collectively
referred to as the "Materials" or “Material”) solely for your personal,
non-commercial use, subject to these Terms. The design and layout of the
Site are specifically excluded from the Materials. No other use of the
Site or Materials is authorized. You agree that any copy of the
Materials (or any portion of the Materials) that you make shall retain
all copyright and other proprietary notices contained herein or therein.
Framing of the Site or Site Materials or posting of Materials on other
Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this
Site may be the subject of intellectual property rights reserved by
KATABAT or other third parties. Except for the limited license granted
above, nothing contained herein shall be construed as conferring to you
in any manner, whether by implication, estoppel or otherwise, any
license, title, or ownership of or to any intellectual property right of
KATABAT or any third party.
Links and Advertisements
KATABAT may feature on its Site, in its newsletters, or in its e-mail
communications to you links to third-party web sites. These may appear
in the form of text links, advertisements, banners, buttons, integrated
gift services, digital cash, digital gift certificates, or otherwise.
THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY
INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH KATABAT.
KATABAT MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS,
WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE
AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER.
KATABAT WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR
AS A RESULT OF TRANSACTIONS WITH ANY KATABAT ADVERTISER. USERS ARE
ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH
ONLINE.
There may be circumstances where access to this Site is provided by a
link located at another Web site. Neither KATABAT nor its affiliates
makes any representations or give any warranties with respect to any
information contained in or at these other sites and neither KATABAT nor
its affiliates shall be liable for any damages or injury arising from
the content of these other sites. Neither KATABAT nor its affiliates
endorses the individuals, companies, or other similar entities, or any
products or materials associated with such individuals, companies, or
other similar entities, that provide a link to this Site.
Warranty Restriction; Limitation Of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO
WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS,
INFORMATION, OR SERVICES [INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT,
IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND
COMPILATIONS OF THEM)] OR AGAINST INFRINGEMENT. KATABAT IS NOT
RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES SENT THROUGH THE
SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS
ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE
ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER KATABAT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR
AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS'
FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH
YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR
RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF KATABAT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES
TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING
LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD
UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT KATABAT AND ITS
AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT
THIS AGREEMENT.
NEITHER KATABAT NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES
ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU
OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL,
OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS,
HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE
SITE. YOU AGREE TO HOLD HARMLESS KATABAT AND ITS AFFILIATES AND PARTIES
WITH WHOM KATABAT HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING
THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE
AVAILABLE BY YOU ON THE SITE.
International Use
Neither KATABAT nor its affiliates make any representation that
Materials on this Site are appropriate or available for use in locations
outside the United States, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access
this Site from other locations do so on their own initiative and are
responsible for compliance with local laws.
Indemnification
You hereby indemnify, defend and hold harmless KATABAT and its
affiliates, and all officers, directors, owners, agents, content
providers, licensors and licensees (collectively referred to as the
"Indemnified Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys' fees, incurred by
the Indemnified Parties in connection with any claim arising out of any
breach by you or any user of your account of this Agreement. You shall
cooperate as fully as reasonably required in defense of any such claim.
KATABAT reserves the right, at its own expense, to assume the exclusive
defense and control of any matter subject to indemnification by you.
Enforcement by KATABAT
In the event KATABAT determines, in its sole discretion, that you have
violated these Terms, KATABAT shall have the right to immediately
terminate your account (with or without refund), refuse membership, or
block the sending or receipt of messages from our Site, and/or pursue
any other remedies available to it under applicable law.
Governing Law
Customer acknowledges and agrees that this Agreement and any account
established hereby shall be governed in accordance with the laws of the
Commonwealth of Virginia. Any cause of action arising under this
Agreement shall be adjudicated exclusively in a court in Norfolk,
Virginia.
Updates to Terms
KATABAT shall have the right to revise these Terms at any time by
updating this posting. By using this Site, you agree to be bound by any
such revisions and should therefore periodically visit this Site to
determine the then-current Terms to which you are bound.
Digital Millennium Copyright Act Notices
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to the
Designated Agent of KATABAT.
THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE
SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY
HAVE BEEN INFRINGED. ALL OTHER INQUIRIES (e.g., REQUESTS FOR TECHNICAL
ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY
REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated
Agent:
Copyright Inquiries
ATTN: General Manager
351 West Hubbard Street, Suite 600
Chicago, Illinois 60610
Phone: (312) 274-0800
To be effective, pursuant to Title 17, United States Code, Section
512(c)(3)(A), the Notification must include the following:
An electronic or physical signature of the owner or 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,
and a description of the infringing activity including of where the
material which you claim is infringing is located on the KATABAT Site
sufficient to allow us to locate the material;
Identification of the location where the original or an authorized copy
of the copyrighted work exists, for example the URL of the website where
it is posted or the name of the book in which it has been published,
your address, telephone number, and e-mail address; A 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.
