ACCEPTANCE OF TERMS OF SERVICE
Contact and Electronic Communications. By accessing the Kulbeli.com Applications or Services, you consent to having this agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide any contact information, including an email address or telephone number in connection with that activity, product or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
YOUR USE OF THE KULBELI.COM APPLICATIONS
Kulbeli.com provides a database of public records and publicly available sources of information aggregated for your convenience. The Kulbeli.com searches made available by and through the Kulbeli.com Applications, are provided for informational purposes only. While we are constantly updating and refining our database and service, we do not represent or warrant that the results provided will be 100% accurate and up to date and, as such, Kulbeli.com shall not be responsible or liable for the accuracy, usefulness, availability or unavailability of any information transmitted or made available via the Kulbeli.com Applications. Kulbeli.com does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any Kulbeli.com searches. Kulbeli.com also reserves the right to delete any information from its databases at any time.
Content Posted on the Site:
(a) You understand and agree that Kulbeli.com may review and delete any content, messages, forum posts, blogs, photos, or family tree records (collectively, "Content") that in the sole judgment of Kulbeli.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
(b) You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
(c) By posting Content to any public area of Kulbeli.com, you automatically grant, and you represent and warrant that you have the right to grant, to Kulbeli.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
(d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Kulbeli.com reserves the right to 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 Service and terminating the membership of such violators. 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;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing 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);
- 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 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; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
No Guarantee. You acknowledge that the Services are provided "as is." Information is often obtained by third parties and the accuracy of the information cannot be guaranteed. Users should use extreme caution when interpreting search results. Some of the information provided in searches is based upon logic-based assumptions from information in our database compiled from public records regarding individuals’ names, addresses, ages, last names and the dates which correspond to these names, addresses and ages. We may also provide you publicly available marriage and divorce records when you conduct a search using our Services. Positive or false matches based on our assumptions or records may not provide conclusive confirmation of an individual’s status (marital or otherwise) – for example, there could be instances where the gender of the names coupled with statistics of common marriageable ages indicates a husband:wife relationship when it is in fact another relationship, such as brother:sister; this could be the result of the aforementioned logic-based results, which may not apply in all cases but which make the most sense based on ages, addresses shared, and dates shared. Therefore, we urge you to independently verify any information you gather from our Kulbeli.com Applications as a possibility exists that our search results could be inaccurate.
Personal Use Only. The Kulbeli.com Applications, the Content and the Services are intended for your personal, noncommercial use in accordance with these Terms. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or Kulbeli.com Applications, in any medium, without Kulbeli.com's prior written consent, or (ii) alter or modify any part of the Kulbeli.com Applications other than as may be reasonably necessary to use the Kulbeli.com Applications for their intended purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to download, store or otherwise reproduce, store or distribute Content or to manipulate the Kulbeli.com Applications or Services. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Kulbeli.com Applications or any computer software or hardware or telecommunications equipment. You may not use the Kulbeli.com Applications or Services in any manner that could damage, disable, overburden, or impair any Kulbeli.com server, or the network(s) connected to any Kulbeli.com server, or interfere with any other party’s use and enjoyment of any Kulbeli.com Applications or Services. You may not attempt to gain unauthorized access to any Kulbeli.com Applications or Services, other accounts, computer systems or networks connected to any Kulbeli.com server or to any of the Kulbeli.com Applications or Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Kulbeli.com Applications or Services. You may not reverse engineer, decompile or disassemble any software accessed through Kulbeli.com Applications or Services, including any proprietary communications protocol used by Kulbeli.com. You may not use information obtained from the Kulbeli.com Applications to transmit any commercial, advertising or promotional materials, harass, offend, threaten, embarrass, or invade the privacy of any individual or entity, or violate any applicable law, regulation or rule.
You also agree to adhere to the following:
- You will use the Services only for appropriate, legal purposes, and in compliance with all applicable laws and regulations
- You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required law or regulation that govern your use of the Services
- You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person
- You will not use the Services to seek information about or harm minors in any way
- You will not use the Services to seek information about celebrities or public figures
- You will not use the Service to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual
- You will not resell any of the information you obtain from the Services without our prior written consent
- You will take reasonable steps to ensure that the information you receive from the Services is stored in a secure manner.
Registration Obligations. In consideration of your use of the Kulbeli.com Applications, you represent and agree that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the India or other applicable jurisdiction and will provide true, accurate, current and complete information about yourself as prompted by Kulbeli.com Applications. Kulbeli.com reserves the right to deny, in its sole discretion, any user access to the Kulbeli.com Applications or Services without notice for any or no reason.
Security of Username and Password. You are entirely responsible for maintaining the confidentiality of your password and account for any Kulbeli.com Applications you interact with. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Kulbeli.com immediately of any unauthorized use or theft of your account(s) or any other breach of security (and to provide properly documented evidence as reasonably requested by Kulbeli.com). We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Kulbeli.com or another party due to someone else using your account or password.
Individual Searches. You can use the Kulbeli.com Applications to search for basic information about people, such as address or phone number; basic information for an email address, such as name, phone, address, date of birth, and relatives; and you can search for information in public records, such as birth records and marriage records, census records, death records, and other databases.
SERVICES PROVIDED BY Kulbeli.com
Modification to Services. Kulbeli.com has the right to modify its Services at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Kulbeli.com in providing its Services is to stop using those Services.
Accuracy of Data. No representations, neither express nor implied, are made as to the validity of any data provided by Kulbeli.com. While Kulbeli.com has made every effort to supply you with current and valid data, there can be no guarantee as to any specific piece of data obtained by users of our Services. Our Service searches and gathers compilations of criminal and other records that are on public record. We do not make any representations that information available on public records is accurate. In addition, searches can be conducted with a number of variables and therefore we do not control the accuracy of any search conducted. In providing the Services Kulbeli.com is not rendering legal, private investigation or other professional services. If legal, investigative or other expert assistance is required, the services of a competent professional should be sought. You will use the Services in a manner consistent with any and all applicable laws and regulations. You will not use the information obtained from Kulbeli.com Applications or Services to harass, stalk, or otherwise contact in any unlawful manner any person whose information you obtained from this Kulbeli.com Applications or Service. You further agree not to provide any information obtained from this Kulbeli.com Applications or Services to any third party.
Third Party Sites: You may be able to access other websites or resources through links on the Kulbeli.com Applications. Because Kulbeli.com has no control over such sites and resources, you acknowledge and agree Kulbeli.com is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products or other materials available from such sites or resources and is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resources.
Ownership of Content and Marks. The Services, and all material published on or accessible through the Kulbeli.com Applications, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials on the Kulbeli.com Applications (together “Content”) is owned by Kulbeli.com or its licensors, and is protected by laws governing copyrights, patents, trademarks, trade secrets and/or other proprietary rights. Kulbeli.com owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Kulbeli.com Applications. All trademarks, service marks, trade names, and trade dress appearing on the Kulbeli.com Applications (“Marks”), are proprietary to Kulbeli.com. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Kulbeli.com Applications or the Services, in whole or in part, without Kulbeli.com's prior written consent. You acknowledge that you do not acquire any ownership rights in any Content downloaded from Kulbeli.com Applications. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kulbeli.com without express written consent. You may not use any Meta tags or any other "hidden text" utilizing Kulbeli.com’s name or Marks without the express written consent of Kulbeli.com. All right, title and interest in and to the Kulbeli.com Applications and Services is and will remain the exclusive property of Kulbeli.com and its licensors. In addition, any feedback, comments, ideas, concepts or suggestions (“Feedback”) you may provide regarding the Kulbeli.com Applications or Services is entirely voluntary, and we will be free to use such Feedback for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.
No Other License Granted. Except for allowing you to use the Kulbeli.com Applications and Service for your personal use as set forth in the paragraph above, when you use the Kulbeli.com Applications or Service, you are not receiving a license or any other rights from Kulbeli.com, including intellectual property or other proprietary rights of Kulbeli.com. You understand that you have no rights to the Kulbeli.com Applications or Services or any other Kulbeli.com property except as indicated in these Terms.
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE Kulbeli.com APPLICATIONS AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING Kulbeli.com APPLICATIONS AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE Kulbeli.com APPLICATIONS AND SERVICES ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT Kulbeli.com MAKES NO WARRANTY THAT THE Kulbeli.com APPLICATIONS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT Kulbeli.com DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE Kulbeli.com APPLICATIONS OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT CONTAINED IN THE Kulbeli.com APPLICATIONS OR SERVICES, OR WITH THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE Kulbeli.com APPLICATIONS AND SERVICES AND CANCEL THE SERVICES SUBJECT TO THE CANCELLATION POLICIES SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, Kulbeli.com DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE Kulbeli.com APPLICATIONS AND SERVICES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THE Kulbeli.com APPLICATIONS, OR OBTAINED FROM A WEBSITE TO WHICH THE Kulbeli.com APPLICATIONS ARE LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Kulbeli.com DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABLITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE Kulbeli.com APPLICATIONS OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL Kulbeli.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE Kulbeli.com APPLICATIONS OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE Kulbeli.com APPLICATIONS OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Kulbeli.com OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE Kulbeli.com APPLICATIONS OR THE SERVICES, EVEN IF Kulbeli.com HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. MOREOVER, UNDER NO CIRCUMSTANCES WILL WE, OUR LICENSORS OR LICENSEES, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY CHANGE OR DELETE GOODS AND SERVICES AVAILABLE, CONTENT OR FEATURES OF OUR SERVICES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Kulbeli.com’S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED THE GREATER OF THE AGGREGATE AMOUNT YOU PAID FOR YOUR SERVICES IN THE SIX MONTHS PRECEDING THE INCIDENT WHICH IS THE SUBJECT OF THE CLAIM OR $50. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
No liability for accumulated Content. When using the Kulbeli.com Applications, you may accumulate content in your account that resides as data on our servers. This data, and any other data residing on our servers, may be deleted, in whole or in part, altered, moved or transferred at any time for any reason in Kulbeli.com’s sole discretion with or without notice and with no liability of any kind. Kulbeli.com DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON Kulbeli.com’S SERVERS.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Kulbeli.com Applications or using the Services and agree to indemnify and hold Kulbeli.com, and its subsidiaries, affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Kulbeli.com Applications or Services or your violation of either these Terms, applicable law or the rights of any third party.
Term and Termination. This Agreement will remain in full force and effect while you use the Services. Kulbeli.com can suspend or terminate your access to the Kulbeli.com Applications or Services, in whole or in part, at any time, immediately and without notice. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Electronic Form/Communications. By accessing the Kulbeli.com Applications or Services, you consent to having this agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, through contracts, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Access to Services. Kulbeli.com reserves the right to perform regular or planned or unplanned maintenance to our Services due to technology improvements or bugs, and you may or may not be notified of these changes before they occur. Kulbeli.com also reserves the right to change, modify, discontinue, suspend or abandon the Kulbeli.com Applications or any of the Services at any time for any reason with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment.
Availability and Use Outside of the India. The Kulbeli.com Applications and Services are controlled from facilities in the India. Kulbeli.com makes no representations that the Kulbeli.com Applications or Services are appropriate or available for use in other locations. Those who access or use the Kulbeli.com Applications and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
RESOLUTION OF DISPUTES
Governing Law. These Terms shall be governed by and construed in accordance with the laws of India rnia without application of conflict of laws rules.
Resolution of any Dispute. In the event a dispute arises between you and Kulbeli.com, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Customer concerns can be resolved quickly and to the customer’s satisfaction by emailing us using our contact form located at http://kulbeli.com/contact. If, however, there is an issue that needs to be resolved, these Terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND COMPANY EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Kulbeli.com agree that any dispute, controversy or claim arising out of or relating to any aspect of our relationship; the Content accessible from Kulbeli.com Applications; claims that may arise after the termination of your Membership; and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls ("Claim(s)") which cannot be settled through the Customer Care Department refunding your payments in full, shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under these Terms shall be conducted on an individual (and not a class-wide) basis, and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).
Exception. Any claim or action for indemnification, contribution, interpleader or injunctive relief arising out of a Claim shall not be subject to arbitration.
Survival. This arbitration provision shall survive termination of this agreement and the closing of your account or membership.
Severability. If any provision of these Terms is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions shall remain fully enforceable except that if for some reason this prohibition on class action waiver cannot be enforced, then this agreement to arbitrate will not apply.
These Terms and policies incorporated herein ("Policies"), are the entire agreement between you and Kulbeli.com. They supersede any and all prior or contemporaneous agreements between you and Kulbeli.com relating to your use of the Kulbeli.com Applications or the Services. Kulbeli.com may assign these Terms in whole or in part, at any time. If any part of these Terms, other than class action waiver as set forth above, is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. The failure of Kulbeli.com to partially or fully exercise any rights or the waiver of Kulbeli.com of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Kulbeli.com or be deemed a waiver by Kulbeli.com of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Kulbeli.com under these Terms, its Policies and any other applicable agreement between you and Kulbeli.com shall be cumulative, and the exercise of any such right or remedy shall not limit Kulbeli.com's right to exercise any other right or remedy.
Personal information collected
We collect information in the following ways:
- When you register an account to become a user of our services, such as your name, e-mail, and password
- When you view and interact with our features, and functionality
- Through cookies and other technologies we collect your IP address, device identifier, browser type, operating system, mobile carrier, and your ISP, and receive the URLs of sites from which you arrive on our Site.
- When you voluntarily interact with third party services available through Kulbeli.com
Uses of personal information
We use the information you provide to:
- Administer your account with us and customize the services we provide to you and other users
- Create and distribute advertising relevant to your experience on Kulbeli.com Applications
- Send you promotional communications through email
- For our internal business purposes, such as to analyze trends and statistics, for audits and to determine the effectiveness of our promotional campaigns
- To protect the security or integrity of our Kulbeli.com Applications and our business
- To contact you if necessary regarding your transactions, your account, changes to our terms, conditions, and policies, and/or for other administrative purposes
Your Information Choices
- Review and edit your personal information through your My Account page
- Control the messages you receive from Kulbeli.com and other third parties
- Tell us to close your account
- INFORMATION WE COLLECT
Information Provided Directly by You To Kulbeli.com
Registration Information. We will collect personal information from you if you register with us or subscribe to our Services ("Personal Information"). Any information you provide before registering with us is not associated with you individually and is not retained by Kulbeli.com unless you register with us. When you register you are required to provide certain categories of information, such as name, e-mail address, and a password.
Searching for people. When you are searching for people, you may enter third party personal information such as their name, address, or phone. We only use the data you input to provide you with a search request. We retain the results of your search requests for a period of time at our discretion but do not use that information for any other purpose and have no obligation to maintain such search results.
Family Tree Privacy. User-created Family trees have 2 levels of privacy that you can set at any time.
- Private - Everything in this tree is private including all records, media, profiles, and everything else. This setting means only you and people you explicitly shared your tree with can view the tree.
- Public with nothing hidden - All information is public. You would typically only use this setting if you were creating a family tree for famous people, historical figures, etc.
Optional Information. At various other points during your visit to Kulbeli.com, you may be asked to provide information about yourself. The use of other services which require the input of additional information is completely voluntary on your part. You have the choice about whether to disclose the information necessary to use these features of our Kulbeli.com Applications.
Feedback. In addition, during your visit to our Site, you may be asked to provide feedback, ideas, suggestions, and/or proposals (“Feedback”) with regard to our products and services. Submission of Feedback is optional, although encouraged, as it allows Kulbeli.com to better address our users’ needs and continuously work towards improving our products and services. By submitting your Feedback, you acknowledge and agree that (1) such Feedback does not contain confidential or proprietary information; (2) Kulbeli.com shall be entitled to use or disclose (or choose not to disclose) any such Feedback for any purpose, in any way, in any media worldwide; (3) you irrevocably assign to Kulbeli.com all rights to your Feedback; (4) Kulbeli.com is not under any obligation of confidentiality, express or implied, with respect to the Feedback; and (5) you are not entitled to any compensation or reimbursement of any kind from Kulbeli.com under any circumstances for submission of your Feedback.
Information Collected Through Technology and Advertising
In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Kulbeli.com Applications (“Usage Information”), including the device used to access Kulbeli.com Applications (“Device”), and the IP address or other unique identifier identified by that Device (“Device Identifier”). Your Device Identifier may also identify your regional location. This Usage Information is used for many purposes including, for example, to:
- Provide useful features to simplify your experience when you return to Kulbeli.com Applications; for example, remembering the searches you conducted
- Deliver relevant content based on your preferences, usage patterns and location
- Monitor and evaluate the use and operation of our Kulbeli.com Applications
- Analyze traffic on our Kulbeli.com Applications and on the sites and applications of third parties
- We may associate this tracking data with your registration account, in which case we will treat it as personal information.
Third party service providers might combine information they collect from your interaction with Kulbeli.com Applications with personal information they collect from other sources. We do not have access to, nor control over, third parties' use of tracking technologies. Service providers that collect tracking data on our behalf may provide an opportunity for you to choose not to be tracked online. If you choose to disable cookies on your Device, some features of the Kulbeli.com Applications may not function properly. For instance, if cookies are disabled, you will not be able to log into our Kulbeli.com Applications.
We use Google Analytics for our traffic tracking. Google provides a way to opt out of tracking here.
Information You Provide About a Third Party
If you choose to use our referral service to tell a friend about our Services, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit Kulbeli.com. We store this information for the sole purpose of sending this one-time email and for tracking the success of our referral program. Your friend may e-mail us by using our contact form located at http://www.Kulbeli.com/contact to request that we remove this information from our database. If that person registers with us, his/her information will be treated in the same manner as all other customers or registered users. Please be aware that when you use any send-to-a-friend functionality on the Kulbeli.com Applications, your e-mail address may be included in the communication sent to your friend.
Information We Collect From Third Parties
We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically, such as demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes.
Advertisers and third parties also may collect information about your activity on Kulbeli.com Applications and on third-party sites and applications using tracking technologies. Tracking data collected by these advertisers and third parties is used to decide which ads you see both on our Kulbeli.com Applications and on third-party sites and applications, but does not identify you personally and is not associated with your registration account. We do not have access to or control over information that may be collected by advertisers and third parties, but many ad networks, data exchanges, marketing analytics and other service providers may allow you to choose not to receive their targeted advertising.
- HOW WE USE AND SHARE YOUR INFORMATION
Contacting You. When you provide us with information in connection with a particular activity or otherwise sign up for our Services or provide your contact information, including an email address or telephone number in connection with that activity, product or service, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about Kulbeli.com using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Transactional Communications. We may send you notices from time to time relating to your account or your orders. These may include order confirmations, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our Service is temporarily suspended for maintenance, or the delivery of a product is delayed or there is some service issue with something you may have ordered. You may not opt-out of receiving these communications, which are not promotional in nature.
Service Providers. We may use third party service providers to help us operate our business and the Kulbeli.com Applications or administer activities on our behalf. We may share your information with these third parties for those limited purposes.
Electronic Promotional Offers. We may send you promotional emails regarding special offers about our Services. You may choose not to receive our promotional communications by clicking the unsubscribe link in the footer of any email. After unsubscribing or closing your account, we cannot guarantee that you will never receive another marketing mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted into. Unsubscribing from one marketing list will not automatically unsubscribe a user from all marketing lists. Please note that even if you opt out of receiving promotional e-mails, we may continue to send you electronic service or transactional notifications that are related to your account(s), orders or other services you have requested, without offering you the opportunity to opt out of receiving them.
III. ACCESS TO YOUR INFORMATION
- IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION
Security. No data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and your use of the Site indicates that you are willing to assume this
Children's Privacy. The Kulbeli.com Applications are intended for a general audience and are not directed or intended for children under 18 years of age. We do not knowingly collect Personal Information from individuals under 18 years of age. If you are under 18 years of age, you should not register or provide Personal Information on the Kulbeli.com Applications. If we later obtain actual knowledge that a user is under 18 years of age, we will take steps to remove that user’s Personal Information from our systems.