The Site is a resource that can contain or directly contains graphics, brand assets, illustrations and other materials (“elements”), files, designs, information, software, photographs and similar content being the subject matter of copyright, a trademark or service mark, or that fall within the scope of other identical or related rights of Kittl, its subdivisions and affiliates or any other third parties including other Users of the Site.
We reserve the right to use user-created designs for Kittls’s marketing and promotional purposes, to publish user-created designs on Kittl social media pages, to include them in email newsletters, to publish on the Site, and to mention the authors when posting their content.
Files and other elements of designs presented at the Site are provided to Kittl under the following agreements:
public copyright licenses such as:
The User confirms his/her consent that the process of user identification is performed with the purpose of granting him/her access to his/her user profiles and operations governing access to Site content. The username (login) and password chosen by the User are confidential information. The User realizes the necessity of non-disclosure of this information and promises to keep it secret and not uncover, pass, or offer personal access data to a third party without clear written permission from Kittl.
The User confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Site content using the chosen login and password. Also, the User is informed and agrees that Kittl automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the User who gained access to the Site content. The User realizes that the login and password are unique symbols, even though Kittl does not impose specific requirements as to their contents and quality.
The User confirms that he/she does not intend to use content of the Site for unlawful or otherwise disapproved purposes. Thus, the User agrees to avoid using any files and designs obtained from the Site in an inappropriate manner including, but not limited to:
The User agrees to refrain from using the Site in such a way that could result in its damage, operational trouble, or other negative outcome for other Site users. Also, the User agrees not to interfere with or access without authorization other Kittl user records. The User agrees to access files, elements and designs in accordance with Site rules and procedures.
There may be links to third-party sites on the Site. Such links are given solely for the User’s convenience. Their presence does not mean that they are recommended or endorsed by Kittl. Also, Kittl does not warrant their safety and in accordance with the User’s expectations. Kittl shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from Kittl, or to the use of services available from third-party sites.
Kittl regularly updates technical, content and other information on the Site. Nevertheless, Kittl makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Site. Kittl is able to add, review or delete information, resources and services posted on the Site. Also, Kittl reserves the right to make changes to the Site without prior notification.
Kittl has the right but not the obligation to correct mistakes in the files, elements and designs at its own convenience.
At times, site failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Site pages may occur. Similarly, the Site pages may contain malicious code or programs infected with computer viruses.
Kittl is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files, elements or designs that can be distributed or otherwise affect software and hardware upon the User’s review of the Site, the access to any information on the Site, or the downloading of any files, elements or designs from the Site. Kittl strongly encourage the use of anti-virus software or other protective programs during interaction with all websites.
Kittl respects intellectual property laws and expects all users to follow the same principles. In the event the User believes his/her intellectual property has been copied and used in violation of his/her rights or User’s intellectual property rights have been breached otherwise, he/she should submit a written communication to Kittl including the following information:
The letter including all of the above data should be addressed to the Kittl and submitted through the Contact Us section or by email at [email protected]
Kittl reserves the right to assume the control and defense of any matter or require compensation or indemnification from the User at the expense of the User. In this case the User agrees to cooperate with Kittl’s defense in case of such claim.
Kittl has the ability and right to suspend, terminate or change any part of the Site or the Site in the whole, its functions, resources or databases without prior notification or additional liabilities.
Kittl also retains the right to suspend or fully terminate access of the User to the Site, files or designs in case of absence of activity from the User over an extended period of time, which may be interpreted as the User’s inability to gain access to the Site.
Upon termination of the User profile and his/her access to the Site files, elements and designs, the User confirms his/her consent to forfeit all credits remaining at his/her account.
THE SITE, SITE CONTENT AND SERVICES ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SITE CONTENT IS PROVIDED PURELY AS USER-GENERATED CONTENT AND SHALL NOT BE SUBJECT TO MANDATORY SUPERVISION OR INTERFERENCE OF KITTL. USERS ALWAYS USE THE SITE, SITE CONTENT AND SERVICES AT THEIR OWN RISK.
KITTL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO EACH AND ANY SITE CONTENT AND SERVICE MADE AVAILABLE AT ANY TIME, INCLUDING, BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, COMPATIBILITY, CURRENTNESS, INTEGRATION, SECURITY, PRIVACY, TITLE, USEFULNESS, SUITABILITY, QUALITY, SIMPLE USAGE AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY APPLICABLE LAW. KITTL MAKES NO COMMITMENTS ABOUT THE SITE, SITE CONTENT AND SERVICES.
MOREOVER, KITTL FURTHER DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS THAT:
TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH USER FIRST USED THE SITE, SITE CONTENT AND SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
The User confirms that he/she understands and accepts responsibility and assumes all risk resulting from use of the Site, without limitations.
TOTAL AGGREGATE LIABILITY AND INDEMNIFICATION OF Kittl IN CONNECTION WITH THE USE OF THE SITE, IN WHOLE OR IN PART, OR ITS CONTENT IN MONEY EQUIVALENT SHALL NOT EXCEED TEN EURO (€10.00).
If effective laws and normal acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not by applied to the User. In case of a situation falling under such jurisdiction, the liability of Kittl or any of its employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by the law.
Site, Site content and services are neither intended to be used by minors and persons under age of 18, nor designed and intended to willfully and knowingly collect, use, or disclose any personal information from minors and persons under age of 18. Kittl will immediately remove personal information from children and/or search to obtain a verifiable parental consent for the collection use, or disclosure of personal information from children, once it will come to Kittl’s attention that any personal information from children was submitted or collected through the Site.
The User confirms and warrants that he/she has reached the age of 18, has all the sufficient for usage of the Site and is bound by legal obligations sufficient for any liability that can appear as a result of usage of the Site files or designs. The User agrees to bear full responsibility for all cases of the Site usage without distinction, as well as for use of his/her login and password by third parties including minors and persons under age of 18 living with him/her.
The User agrees to service and process of all necessary notifications directed to him/her at the postal address indicated by him/her during registration at the Site. The User agrees to refrain from:
If Kittl is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the User agrees to reimburse Kittl for all expenses, payments and fees in the event that Kittl is successful.
Absence of a result of actions performed by Kittl for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.
For any questions in connection with the provisions of this document, please contact Kittl at [email protected]
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.