TERMS of Use AND PURCHASE

Kilu, Inc. d/b/a Shōkās.me (Shokasme.com) (“Kilu”) welcomes you to its website.  By using this website. YOU AGREE TO BE BOUND BY ITS TERMS OF USE AND PURCHASE and PRIVACY POLICY, as amended from time to time, and all disclaimers, terms and conditions that appear elsewhere on this website.   Any changes made to this Terms of Use will be effective as of the date posted to the website.     

Legal and Enforceable Online Contract

By accepting the TERMS OF USE, including but not limited to its PRIVACY POLICY, YOU AGREE THAT YOU HAVE ENTERED INTO A LEGAL AND ENFORCEABLE ONLINE CONTRACT WITH Kilu, AND ACCEPT THE TERMS AND CONDITIONS AS STATED IN THIS “TERMS OF USE” TO GOVERN YOUR USE OF THIS WEBSITE.

18 Years of Age to Use and Purchase         

To use this WEBSITE, you must be 13 years of age or older (21-years old in AL, MS, NE, WY, and any other locations where 18 is not the age of majority) (21-years old in AL, MS, NE, WY, and any other locations where 18 is not the age of majority).  Any offers of sale presented on this WEBSITE are only intended for individuals who are 18 years of age or older (21-years old in AL, MS, NE, WY, and any other locations where 18 is not the age of majority).  By using this WEBSITE or purchasing goods or services from Kilu’s Website, you affirm that you are 18 years of age or older (21-years old in AL, MS, NE, WY, and any other locations where 18 is not the age of majority).      

This WEBSITE is not directed for use by children under the age of 13. This WEBSITE is intended for use by users who are 13 years of age or older.  If a parent or guardian elects to allow a child under the age of 13 years old to view this WEBSITE, then such parent or guardian agrees that it has provided its consent to Kilu to allow Kilu to use its technology while its child is viewing the contents within the WEBSITE. 

Access to Website

You agree that you understand that when you gain access to this website, you will be exposed to visual images, verbal descriptions and audio sounds of all types of nature, which may include, but not limited to graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such non-sexually and sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.       

Content Posted on the Website     

Kilu claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Kilu may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Kilu that such Content violates the Terms of Use and Purchase or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Kilu and/or its members.       

You are solely responsible for the content that you publish or display (hereinafter, "post") on Kilu’s website, including Shōkās.me (Shokasme.com) , or transmit to other Kilu members.               

By posting content to any public area of Kilu’s website, including Shōkās.me (Shokasme.com), you automatically grant, and you represent and warrant that you have the right to grant, to Kilu and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. As a visitor to Kilu’s websites, including Shōkās.me (Shokasme.com), if you provide Kilu with your email address via a registration process or post it on its websites you thereby authorize Kilu and its affiliates and any entities that Kilu becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.

Kilu will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators.

The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or beastiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You must use Kilu’s website services in a manner consistent with any and all applicable laws and regulations.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Shōkās.me (Shokasme.com) site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Kilu by our users or third parties.                

You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Shōkās.me (Shokasme.com) members. Although Kilu cannot monitor the conduct of its members off the Shōkās.me (Shokasme.com) site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm

Photos Misc. Your images may NOT contain the following:
      1.children 2.animals 3.anime 4.cartoons 5.weapons
      6.Unless you own the copyrights to the photos upload no magazine or copyrighted
      photos are allowed
Images containing any of the above will be deleted.
7.Your photo must contain an image of a human being(s) (At least one human being must be of yourself).

Misc. You agree to release rights to all photographs, music, literature and video to Shōkās.me (Shokasme.com) for the purposes of promoting you on the Shōkās.me (Shokasme.com) site. This is a non-exclusive agreement and Shōkās.me (Shokasme.com) may perform the same services for other talent without consulting you. Shōkās.me (Shokasme.com) is not responsible for lost or stolen property.

Termination

Kilu reserves the right to terminate your access to the site for any reason or no reason.  You may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. Even after this Agreement is terminated, certain provisions of this Agreement shall remain in effect.

Purchases

Any purchase of services or products originated from your use of this WEBSITE shall be governed in accordance to Kilu’s Purchasing Policies, including but not limited to Kilu’s pricing, sales tax, payment, order acceptance/confirmation, backorder, return and shipping policies.  Kilu’s Purchasing Policies are as follows:

Purchase Policy Terms and Conditions:

1.       All purchases are final. No refund will be given for unused portions of your subscription period.

2.       Shōkās.me (Shokasme.com) guarantees that the messages sent by Purchaser will be processed by the Shōkās.me (Shokasme.com) system and sent to the recipient. Notwithstanding, Shōkās.me (Shokasme.com) does not guarantee a response from the recipient nor does it make any other promises or warranties of any kind.

3.       Purchaser hereby agrees that subscription privileges are non-refundable in the event that Purchaser chooses to suspend or cancel his/her membership. Furthermore, no refund will be made in the event of termination of Purchaser's membership due to a violation of the Terms and Conditions of service as outlined this Terms of Use In that respect, Purchaser hereby agrees that offensive behavior towards other members in the chat room, ShowcaseLounge mail to members or in Purchaser's profile will constitute sufficient grounds for such termination of Purchaser's membership by Shōkās.me (Shokasme.com).

By submitting this purchase, Purchaser hereby acknowledges, agrees and authorizes Shōkās.me (Shokasme.com) to renew Purchaser's subscription to ShowcaseLounge, automatically, every month, at the guaranteed renewal rate that applies to the purchase option chosen by Purchaser, until such time as Purchaser instructs Shōkās.me (Shokasme.com) to stop the renewals. Renewals can be stopped by going to your upgrade section of your account

Product Display/Colors    

Kilu’s attempt to display product images shown on this WEBSITE as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using or the color settings for your computer.

Errors on this WEBSITE   

Errors will be corrected where discovered, and Kilu reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.          

Venue and Applicable Law             

This WEBSITE was created and is operated by Kilu in the State of Nevada, United States of America. All disputes under this Agreement shall be resolved by litigation in the courts of Washoe County, Nevada including the federal and small claims courts therein and you agree to consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it. The laws of the State of Nevada will also govern this Terms of Use and Privacy Policy without giving effect to any principles or conflicts of laws.       

Legal Notices and Disclaimers      

Original material which Kilu post on this WEBSITE is protected by intellectual property laws.  Copyright © 2005 Kilu Inc., All Rights Reserved  Kilu™.  You are hereby granted a non-exclusive license to use this WEBSITE (“Content”), but only while accessing this WEBSITE.  You are also granted a limited license to print copies of any Content posted on this WEBSITE, but only for your personal use.  Except as expressly provided above, all rights are reserved.  Among other things, except to the extent required for the limited purpose of reviewing materials on this WEBSITE, electronic reproduction, adaptation, distribution, performance or display is prohibited.  Commercial use of any of the Content is strictly prohibited.  Use of any trademarks of Kilu is strictly prohibited. 

Privacy

For a better understanding of the privacy philosophies of Kilu and how it uses, shares and secures the Collected Information, please visit this WEBSITE’s Privacy Policy page.

Damages

In no event shall Kilu, or its affiliates, or their respective officers, directors, employees, representatives or agents be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not we have been advised of the possibility of any such damages.

Limitation of Liability        

By using this WEBSITE, you expressly agree that your use of this WEBSITE is at your sole risk. This WEBSITE is provided on an “AS IS” and “as available” basis. Kilu nor its respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of this WEBSITE will be uninterrupted or error-free. Neither Kilu nor its Associates warrant the accuracy, integrity or completeness of the content provided on this WEBSITE or the products or services offered for sale on this WEBSITE. Further, Kilu makes no representation that content provided on this WEBSITE is applicable to, or appropriate for use in, locations outside of the United States.  Kilu and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Kilu or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Kilu or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use this WEBSITE, including but not limited to reliance by you on any information obtained from this WEBSITE that results in mistakes, omissions, interruptions, security breaches, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence or other tortious action, even if an authorized representative of Kilu has been advised of or should have knowledge of the possibility of such damages.  You hereby acknowledge that this paragraph shall apply to all content, your data stored by Kilu goods or services available through this WEBSITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Kilu reserve the right to make changes to this WEBSITE and its TERMS OF USE and PRIVACY POLICY at any time. Each time you use this WEBSITE, you must visit and review the then current TERMS OF USE and PRIVACY POLICY that apply to your use and transaction of this WEBSITE. If you are dissatisfied with this WEBSITE, its content or TERMS OF USE and PRIVACY POLICY, you agree that your sole and exclusive remedy is to discontinue using the WEBSITE.           

Tampering with this WEBSITE, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on this WEBSITE are prohibited.  

Contact Information for Kilu

·          Kilu’s Website address is:  Shōkās.me

·          The mailing address for Kilu is: Kilu Inc., 237 Tramway Dr., Suite D, Box 4470, Lake Tahoe, NV, 89449-4470

·          The telephone number for Kilu is: (775) 588-4616

·          The e-mail address to contact Kilu is:  support@kiluInc.com

Terms of Use Agreement Updates

This WEBSITE was updated on July 2, 2013.  Any changes made to this Terms of Use will be effective as of the date posted to this WEBSITE.