Updated September 5th, 2022.
These terms and conditions (“Terms”) govern your use of Kakariko Herald (“KH”, “Website”, “Services”); by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, Kakariko Herald and/or its licensors own the intellectual property rights on the Website, as well as the material displayed on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not, at any point:
- republish material from this website (including, but not limited to republication on another website, social media platform, or “blog”)
- sell, rent or sub-license material from the website
- show any material from the website in public without clear and proper attribution (“Credit”)
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution].
You are free to embed, display, or otherwise utilize the content on this Website for educational or informational purposes, so long as it is non-commercial.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, but not limited to: scraping, data mining, data extraction and data harvesting) on or in relation to this website without Kakariko Herald’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Kakariko Herald’s express written consent.
Kakariko Herald reserves the right to restrict access to any areas of this website, or indeed this entire website, at Kakariko Herald’s discretion.
If Kakariko Herald provides you with a user ID and password (“Account”) to enable you to access restricted areas of this Website, other content, or Services, you must ensure that the user ID and password are kept confidential. Information about your Account and information regarding your specific use of our Website is encrypted by our servers and your browser.
We reserve the right to terminate your Account, at our sole discretion, with or without notice.
You may not share your Account with anyone other than yourself.
Multiple users may not at any time share an Account. Multiple users who wish to sign up for our Services must make their own Account.
In these Terms, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Kakariko Herald a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and/or distribute your user content in any existing or future media. You also grant to Kakariko Herald the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Kakariko Herald or a third party (in each case under any applicable law). Kakariko Herald is not liable for copyright infringement by its users on this Website and will take down any copyrighted content and permanently ban your Account from the Website with or without notice.
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Kakariko Herald reserves the right to edit or remove any material submitted to this Website, or stored on Kakariko Herald’s servers, or hosted or published upon this Website.
Notwithstanding Kakariko Herald’s rights under these Terms in relation to user content, Kakariko Herald does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided as is without any representations or warranties, express or implied. Kakariko Herald makes no representations or warranties in relation to this website, or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Kakariko Herald does not warrant that:
- This website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
Limitations of liability
Kakariko Herald will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Kakariko Herald has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Kakariko Herald’s liability in respect of any:
- death or personal injury caused by Kakariko Herald’s negligence
- fraud or fraudulent misrepresentation on the part of Kakariko Herald
- matter which it would be illegal or unlawful for Kakariko Herald to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Kakariko Herald has an interest in limiting the personal liability of its officers and employees. Â You agree that you will not bring any claim personally against Kakariko Herald’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Kakariko Herald’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kakariko Herald.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Kakariko Herald and undertake to keep Kakariko Herald indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kakariko Herald to a third party in settlement of a claim or dispute on the advice of Kakariko Herald’s legal advisers) incurred or suffered by Kakariko Herald arising out of any breach by you of any provision of these Terms, [or arising out of any claim that you have breached any provision of these Terms].
Breaches of these Terms
Without prejudice to Kakariko Herald’s other rights under these Terms, if you breach these Terms in any way, Kakariko Herald may take such action as Kakariko Herald deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Kakariko Herald may revise these Terms from time-to-time with or without notice. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website. Please check this page regularly to ensure you are familiar with the current version.
Kakariko Herald may transfer, sub-contract or otherwise deal with Kakariko Herald’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These Terms constitute the entire agreement between you and Kakariko Herald in relation to your use of this website and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These Terms will be governed by and construed in accordance with United States law, and any disputes relating to these Terms will be subject to the [non-]exclusive jurisdiction of the Courts of the United States of America and/or the Courts of the Commonwealth of Australia.
Kakariko Herald’s details:
- The full name of our publication is Kakariko Herald.
- Kakariko Herald is located in both the United States of America and the Commonwealth of Australia. We abide by both US and Australian law.
- You can contact Kakariko Herald by emailing [email protected].
OFFICIAL COPYRIGHT NOTICE
Copyright © 2018-2022, Kakariko Herald
Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Kakariko Herald and its licensors.
Kakariko Herald grants to you a worldwide non-exclusive, royalty-free, and revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser
- copy and store this website and the material on this website in your web browser
cache memory; and
- print pages from this website for your own personal, educational, informational and/or non-commercial use.
Kakariko Herald does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) for commercial purposes without Kakariko Herald’s prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to [email protected].
Enforcement of copyright
Kakariko Herald takes the protection of its copyright very seriously.
If Kakariko Herald discovers that you have used its copyright materials in contravention of the license above, Kakariko Herald may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Kakariko Herald’s copyright materials that contravenes or may contravene the license above, please report this by email to [email protected].
If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to [email protected]. We will respond within 48 hours.