Terms of Service

Welcome to kahanimovement.com. This website and contents are designed to comply with U.S. laws and regulations.

This is a binding agreement ("Agreement") between Company and you ("You" or Your"). This Agreement governs Your use of the website www.kahanimovement.com (the "Site" or "Sites"), including, without limitation, all content such as text, information, images, software and other information, services and materials (collectively, the "Materials") and all information made available to You or by You through this Site by Company and/or third parties.

All Materials on this Site are provided by Company unless indicated otherwise. All intellectual property rights (including but not limited to copyrights, trademarks, trade secrets and patents) in the Materials are the property of Company unless indicated otherwise. Company retains all copyrights in the individual pages, and their components, and collective works available at the Site. The Materials are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as stated below or as otherwise agreed by the Company in writing. Kahani, Kahanimovement.com, Kahani Pictures, and the logos associated with theme properties are trademarks and the property of Company. All other names and trademarks are the property of their respective holders.

Notwithstanding the foregoing, the Company hereby grants You a non-exclusive, worldwide license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display any or all Materials provided on the Site, subject to the conditions that: (1) You provide conspicuous attribution to the author of the specific Material in the manner set forth on the specific Material as it appears on the Site; (2) You identify the terms of this license in any redistribution or reuse of the Materials; and (3) You do not state, imply, use Company’s trademarks to suggest, or otherwise indicate that either Company or the author of the specific Material that You use endorses or approves of You or Your use of the Material.

In no circumstance shall (1) title to any Materials found on the Site be transferred to You by the function of this license, or (2) this license, with the exception of the permission stated above to prepare derivative works, impair the moral rights of the author. Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws.

Company may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site. Company reserves the right to discontinue or make changes to the Site and/or Materials at any time.

To use any Materials on this Site, You must be age 13 or older. Prior to the use of this Site, You must provide Company with valid confirmation of age. By submitting that information to Company, You hereby attest to the truth of all assertions made under this Section and agree that You authorize Company to confirm the veracity of such information.

Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

If You are under the age of 18, you may not use this Site, or register as a user of this Site, except with the involvement and verifiable consent of Your parent or legal guardian.

Once a registered user, You may have the opportunity to provide additional information describing your credentials, professional experiences, academic background, biography and other personal information, in your personal profile. You agree that all such information is non-confidential and non-proprietary, and may be disclosed to other users of the Site. Providing additional information beyond what is required at registration is entirely optional, and such information can be altered or removed by You at any time. Company is not responsible for any loss, damage, or injury sustained as a result of Your voluntary disclosure of personal information in your public profile, and You agree to hold Company harmless for such loss, damage or injury.

PRODUCT DESCRIPTIONS
Company attempts to be as accurate as possible. However, Company does not warrant that product descriptions or other content appearing on this Site is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, Your sole remedy is to return it in unused condition for a full refund.

METHODS OF PAYMENT
Company reserves the right to reject, at its discretion, any method of payment by any user of the Site. Acceptable methods of payment are identified during the checkout process.

PRICING
With respect to items sold by Company, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items described on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by Company. Your purchases from third-party sellers through the Site may be charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

SALE OF CHILDREN’S PRODUCTS
Company does not sell products to children, but may sell products to adults. If you are over 18, you may purchase with a credit card or other permitted payment method. If you are under 18, you may purchase products only with involvement of a parent or guardian. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

In the event any payment due to You under this Agreement is subject to or becomes subject to any tax or other deduction payable by You, such tax or deduction shall be paid by You, so that the payments by Company shall be in full and free of all liability for such tax or other deductions. You agree to pay and bear the expense of local, state and/or federal government licenses, sales and use, foreign withholding tax, property and ad valorem taxes, which may be imposed or assessed with respect to payments made by Company to You under this Agreement. In the case where You have or will have been paid in an amount greater than $500 in a single fiscal year, Company reserves the right to request and receive a Tax ID No. or other information from You prior to making any subsequent payments. Company shall make all payments due under provisions of this Agreement in United States dollars (US$).

This Site is intended by Company to require a valid, working e-mail address and password to access and use the Materials on the Site. Certain other Materials or functionalities on the Site may require additional access codes. You are solely responsible for: (1) maintaining the strict confidentiality of the e-mail address, account names, passwords and/or codes (collectively, "ID(s)") assigned to You; (2) not allowing another person to use Your IDs to access the Site; and (3) promptly informing Company by e-mail addressed to support@kahanimovement.com of (i) any suspected or unauthorized use of Your IDs, (ii) the intentional or inadvertent disclosure of Your IDs, or (iii) any other need to deactivate an ID due to potential or actual security concerns. Company is not liable for any harm related to the theft of Your ID, Your intentional or inadvertent disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to indemnify the Company for any damages or losses that may be incurred or suffered by any party, including but not limited to the Company and the other users of the Site, as a result of You or Your failure to maintain the strict confidentiality of Your IDs.

THE SITE, ANY SERVICES PROVIDED THROUGH THE SITE, AND ANY PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. SUBJECT TO THE TERMS OF THE PRIVACY POLICY, AVAILABLE HERE, IN NO EVENT SHALL COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT AND MATERIALS; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, OR (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITE OR (6) ANY OTHER FAILURE TO PERFORM BY COMPANY OR COMPANY’s CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE TERMS OF THE PRIVACY POLICY, AVAILABLE HERE, COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, OR THIRD PARTY SITES (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.

Because some jurisdictions may not permit each of these disclaimers and limitations, some or all of these limitations may not apply to You. Company and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Company may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Company makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE VALUE OF $50.00. YOU AND COMPANY AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND COMPANY. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, COMPANY WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU.

You agree to defend, indemnify and hold Company, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Company’s reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site and/or the Materials, and/or (3) the unauthorized or unlawful use of the Site by any other person using Your ID.

Unless otherwise agreed in writing prior to Your submission, You represent and warrant that: (1) any material, information or other communications You transmit or post to the Site or third party site ("Communications") are non-confidential and non-proprietary, and may be treated as such by Company; and (2) You have all rights necessary to post Communications to the Site for public viewing and use, as set forth below. Company will have no obligations with respect to the Communications, and no obligation to prosecute or to prevent any infringement of any intellectual property rights in the Communications. You agree that from time to time Company may invite or otherwise make You aware of certain educational, promotional or financial opportunities relating to Your Communications.

POSTING OR TRANSMITTING COMMUNICATIONS TO THE SITE AUTOMATICALLY AND IRREVOCABLY GRANTS COMPANY (1) A WORLD-WIDE, NON-EXCLUSIVE LICENSE TO USE, REPRODUCE, MODIFY, PUBLISH, TRANSLATE, PREPARE DERIVATIVE WORKS BASED UPON, DISTRIBUTE, PERFORM OR DISPLAY SUCH COMMUNICATIONS, IN WHOLE OR IN PART (INCLUDING BUT NOT LIMITED TO ANY AND ALL DATA, IMAGES, SOUNDS, TEXT, AND OTHER THINGS EMBODIED THEREIN), IN ANY FORM, MEDIA OR TECHNOLOGY KNOWN OR HEREAFTER DEVELOPED FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ADVERTISING AND PROMOTIONAL PURPOSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND (2) THE ABILITY TO GRANT OTHER USERS OF THE SITE, WITHOUT YOUR FURTHER PERMISSION OR APPROVAL, A LICENSE WITH RESPECT TO YOUR COMMUNICATIONS AS SET FORTH IN SECTION 2 OF THESE TERMS OF SERVICE.

If You desire attribution for the use of Your Communications by other users of the Site, You must include in Your Communications the specific form in which You desire such attribution to appear. If you include a copyright notice in Your Communications, You must also include a notice that your exercise of copyright is subject to the waiver of rights contained in these Terms of Service, including a link to either these Terms of Service or to the attribution license appearing at http://creativecommons.org/licenses/by/3.0/us/. Notwithstanding the foregoing, by posting Communications to the Site You agree that the Creative Commons license appearing on the home page of the Site shall apply to Your Communications, and that You waive any rights inconsistent with the application of that license to Your Communications.

You hereby waive any and all claims against Company for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Company’s use and publication of such Communications. Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information.

You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in the United States or in the country in which You are located, including but not limited to copyright law and the Health Insurance Portability and Accountability Act of 1996. You are prohibited from revealing the name or other personally identifying information of any other Site user unless that individual has previously revealed his or her own name or personally identifying information in Communications sent by that user to the Site. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespass and computer fraud and abuse, punishable under state and federal laws.

Company reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

If necessary and in accordance with applicable law, Company will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, customers, members, Company, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents and operational providers, in order to: (1) prevent unauthorized use of this Site; and/or (2) comply with any requirements of law or judicial process that are applicable to Company.

Other websites linked to from the Site are not necessarily under the control of Company and Company is not responsible for, nor does it certify, the content of any linked site or any link contained in a non-affiliated linked site. Use of the donate feature provided on the Kahani site will take you to a third-party service. Donation through a third-party site is subject to the terms of the paragraph. Company reserves the right to terminate any link or linking program at any time. The inclusion or omission of links on the Site is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Company shall not be responsible for notification of any change in name or location of any information of the Site. Company reserves the right to request any web site administrator to disable or remove any link that violates any rights of Company or causes interruption or deterioration of Materials provided by Company. Failure to abide by this request shall be dealt with as provided in this section.

If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Company’s copyright agent the written information specified below:

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. Company’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

    Suneel Gupta
    1040 Dolores St, San Francisco, CA 94110

This Site is controlled by Kahani from its offices within California, United States. Kahani makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is 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 applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations.

Any dispute between Kahani and You arising out of this Agreement shall be resolved first by direct communication with one or more of Kahani’s management team members. Should Kahani and You be unable to resolve the dispute by communication and both You and Kahani jointly agree to do so, Kahani or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Kahani's headquarters. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

This Agreement, including the Privacy Policy available here, and any other Kahani policy which is incorporated herein by reference, contains the entire agreement between You and Kahani relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) written or oral statements of any of Kahani's employees, except as might be embodied in approved amendments to this Agreement, as described below.

KAHANI RESERVES THE RIGHT, AT ANY TIME, TO AMEND THESE TERMS OF SERVICE OR THE TERMS OF THE PRIVACY POLICY, INCLUDING BUT NOT LIMITED TO THOSE PROVISIONS RELATING TO COPYRIGHT. YOU WILL BE PROVIDED NOTICE OF ANY SUCH CHANGES, AND THE OPPORTUNITY TO REVIEW ANY SUCH CHANGES. YOU WILL BE REQUIRED TO ACCEPT ANY SUCH CHANGES IN ORDER TO CONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE CONSTITUTES ACCEPTANCE OF ANY AMENDED TERMS.

Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of this Agreement. Kahani may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 8, 10, 2, 11, 12, 13, 17, 15, 16, 18, 21, 23, and 24 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever.

Kahani may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Kahani’s prior written permission. Any attempt by You to assign Your rights under this Agreement without Kahani’s permission shall be void and non-binding on Kahani.

Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

Kahani shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Kahani to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Kahani’s control.

You agree that, where Kahani is required to provide you with notice under this agreement, acceptable and sufficient forms of notice include, but are not necessarily limited to, the following:

(1) e-mail to the most recent e-mail address that you have provided to Kahani, regardless of the current status of that e-mail address; or

(2) written communication delivered by first class U.S. mail to the most recent physical address that you have provided to Kahani, regardless of the current status of that e-mail address; or

(3) such other method of communication as you specifically request in writing that the Kahani use.

The Kahani shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice.

You accept sole responsibility for providing us with notice of changes to your physical address and/or your e-mail address.

Except as otherwise set forth above, You may give notice to Kahani at any time via electronic mail to [e-mail address], or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Kahani Pictures 1040 Dolores St, San Francisco, CA 94110 Attn: Legal Department

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.