LEGAL

 

Privacy and Cookie Policy

 

Kobold Corporation, Kobold Completions Inc. and their affiliates (collectively, “KOBOLD”, “we”, “us” or “our”) recognizes the importance of safeguarding your personal information. This Privacy and Cookie Policy (“Privacy Policy”) covers information that we collect about you and that you provide to us online through our website (and all associated websites) located at www.koboldinc.com (the “Site”). It also explains how we use cookies and similar technologies. By providing us with your personal information or by visiting our website, you agree to be bound by the terms of this Privacy Policy.

1. Information You Provide

 

We may collect your personal information such as your name, contact information, email address and any information when you send to us or post on our Site, such as when you make an inquiry through our Site or when you submit job application materials on our Site. We will only use this information to contact you in order to answer your questions and requests, to provide you with the information which you have requested or to manage content which you have posted on our Site.

 

2. Technical Information

When you visit our Site, we may collect, using electronic means, technical information. This information may include the internet protocol address and geographical location of your computer, the number of times you have viewed particular content, the browser you used, your operating system, the resolution of your screen, your location, your language settings, the site you came from, searched for keywords to arrive at the Site (if arriving from a search engine) and searched for keywords within the Site. This technical data is aggregated, used to measure and improve the effectiveness of our Site. We do not attempt to combine this technical data with other personal information we collect on our Site.

 

3. Sharing of Personal Information

Except as mentioned in this Privacy Policy, unless we have your express consent, we will not sell, rent, share or trade your personal information to any third party, except to internal service providers that we use to facilitate or outsource one or more aspects of the operation of our Site or our business. These internal services providers are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of the information we provide them for any purpose other than to facilitate the specific outsourced related operation, unless you have explicitly agreed or given your prior consent to them for additional uses.

From time to time, we may be required to provide personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others or ourselves.

 

4. Retention of Personal Information

We only retain your personal information for as long as is necessary for us to use your information as described above or to comply with our legal obligations.

 

5. Security of Personal Information

We will use reasonable security measures to protect your personal information against unauthorized access.

 

6. Cookies

Cookies are text files placed on your computer, phone, tablet or other device by websites or sometimes by emails. Cookies provide us with useful information which we use to improve our Site and make it possible for KOBOLD to identify some of your preferences. When you revisit our Site, KOBOLD's computer server will recognize the cookie, giving us information about your previous visits which help us to analyze how our customers interact with our sites so we can make improvements. This is statistical data about our users' browsing actions and patterns, and does not identify you as an individual.

We use two types of cookies on our websites,

1. Session cookies that are deleted after each visit.

2. Persistent cookies that remain in place across multiple visits to our sites until they either expire or you delete them.

You can block the use of cookies by activating the settings in your browser but if you choose to do so, you may not be able to access all or part of the content of our Site.

Unless you have adjusted your browser settings so that it will refuse cookies, our system may automatically issue cookies when you access our Site.

Please note that our advertisers may also use cookies, over which we have no control. You should check the privacy policy of advertiser websites to find out how they manage cookies.

 

7. Contacting Us by Email

Please be careful whenever sending personal information to us via email. Email is generally not a secure means of transferring information. We therefore cannot guarantee that this information will not be lost or used in a fraudulent manner.

 

8. Change of Privacy Policy

This Privacy Policy is effective on March 13, 2019. If there is any material change in our Privacy Policy, the revised statement will be posted on the Site. Regardless of any changes we make to our Privacy Policy, we will only use your personal information in accordance with the version of the Privacy Policy in place at the time you provided your information, unless you later give your express consent for us to do otherwise.

 

9. General

Questions, comments, complaints, inquiries, and requests regarding this Privacy Policy should be sent to info@koboldinc.com

This Privacy Policy shall be construed in accordance with and governed by the laws in effect within the Province of Alberta. You agree to attorn to the exclusive jurisdictions of courts within the Province of Alberta.

The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

 

Terms of Use

Terms of UseThe following describes the Terms of Use of Kobold Corporation, Kobold Completions Inc. and their affiliates’ (collectively, “KOBOLD”, “we”, “us” or “our”) website (and all associated websites) located at www.koboldinc.com (the “Site”). You should read these Terms of Use carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these Terms of Use and the documents referred to in them. If you do not agree with or accept any of these Terms of Use, you should cease using the Site immediately. If you have any questions about this Site, please contact info@koboldinc.com

“Content” includes, without limitation, information, data, text, software, sound, photographs, graphics, video, email messages or other kinds of messages included in such materials or other information or material submitted to, subsisting on or accessible from the Site.

 

1. Additional Terms

These Terms of Use include our Privacy and Cookie Policy which shall be subject to these Terms of Use in the event of any conflict or inconsistency. These Terms of Use may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these Terms of Use.

 

2. Pricing and Availability

Pricing and product availability on the Site is for informational purposes only.

Pricing and availability is subject to confirmation at the time of ordering and may change at any time without notice.

 

3. Restrictions of Use

As a condition of your use of the Site, you agree that you will not:

  • • use the Site for any purpose that is unlawful under applicable laws, prohibited by these Terms of Use or violate any third party rights;

  • • use our Site if you are unable to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site;

  • • impersonate any person or entity, including, but not limited to, a KOBOLD official or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • • represent or suggest that KOBOLD endorses any other business, product or service unless KOBOLD has separately agreed to do so in writing;

  • • defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in any way that brings KOBOLD or any third party into disrepute or causes KOBOLD to be liable to any third party;

  • • distribute viruses or any other technologies that may harm KOBOLD or the Site or the interests or property of KOBOLD users;

  • • copy, modify, distribute, transmit, license, sublicense, display, revise, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms of Use or as expressly provided under applicable law or under any Additional Terms; or

  • • copy, modify, or distribute content from the Site and KOBOLD’s copyrights and trade-marks.

  • Additionally, you agree that you will not:

  • • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

  • • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted or transmitted through the Site.

 

4. Ownership, Use and Intellectual Property Rights

This Site and all intellectual property rights in the Site are owned by us or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms of Use grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Content on the Site.

 

5. Submitting Information to the Site

The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy and Cookie Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use or disclosure of such submissions.

 

6. Termination of Services

Without limiting other remedies, KOBOLD may in their sole discretion, prohibit access to their websites, and take technical and legal steps to keep users off their websites, remove and discard any Content, for any reason, including, without limitation: (i) if KOBOLD believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use; (ii) request(s) by law enforcement or other government agencies; (ii) unexpected technical or security issues or problems; (iii) in compliance with legal process; (iv) if you have or we believe you have engaged in illegal activities, including without limitation, fraud; or (v) non-compliance with data protection and privacy laws which may apply.

You acknowledge and agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice. You agree that KOBOLD is not liable to you or any third-party for of your access to the Site.

 

7. Hyperlinks and Third Party Sites

The Site may provide links to other websites or content. KOBOLD has no control over such third party’s websites and resources. You acknowledge and agree that KOBOLD is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that KOBOLD 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 advertising, products, or other materials on or available from such websites or resources.

 

8. Limitation of Liability

To the maximum extent permitted by law, you expressly understand and agree that KOBOLD and its licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, damages for loss of profits, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (even if KOBOLD have been advised of the possibility of such damages), resulting from the use or the inability to use the Site or any matter relating to the Site including without limitation: (i) any changes which KOBOLD may make to the Site, or for any permanent or temporary cessation in the provision of the Site (or any features on the Site); or (ii) the deletion of, corruption of, or failure to send, display or store, any ads, Content and other communications data maintained or transmitted by or through your use or other users’ use of the Site.

You expressly understand and agree that to the maximum extent permitted by law:

1. Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. KOBOLD assume no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any communications or Content. KOBOLD expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.

2. KOBOLD make no warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; and (iv) the quality of any products, the Site, information, or other material purchased or obtained on you through the Site will meet your expectations.

3. Any material downloaded or otherwise obtained through the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

4. No advice or information, whether oral or written, obtained by you from KOBOLD or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

Notwithstanding any other provision of these Terms of Use, we do not exclude or limit our liability for any statutory rights which are not capable of being excluded.

Any exclusions and limitations of liability in these Terms of Use shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

If you are dissatisfied with the Site or any of these Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. The foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose.

 

9. Indemnity

You agree to indemnify and hold KOBOLD and licensors (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees), harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of these Terms of Use, your use of the Services, your connection to the Site, or your violation of any rights of another or your violation of any law or the rights of a third party.

 

10. Changes to Terms of Use

These Terms of Use are effective on March 13, 2019. No changes to these Terms of Use are valid or have any effect unless agreed upon by us in writing. We reserve the right to vary these Terms of Use from time to time. Our new Terms of Use will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms of Use from time to time to verify such variations.

 

11. General

Unless otherwise expressly stated in these Terms of Use, all notices from you to us must be in writing and sent to us at info@koboldinc.com and all notices from us to you will be displayed on our website from time to time.

If any part of these Terms of Use are unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms of Use will not be affected. If we choose not to enforce any right that we have against you at any time, this does not prevent us from later deciding to exercise or enforce that right.

These Terms of Use, together with the Privacy and Cookie Policy and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.

These Terms of Use shall be construed in accordance with and governed by the laws in effect within the Province of Alberta. You agree to attorn to the exclusive jurisdictions of courts within the Province of Alberta.

The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.