Kapesni, LLC Terms of Use

The Kapesni website (the "Site"), together with the Kapesni mobile application ("Kapesni App," or “App,”), and any other tours, content, features, website(s), and/or applications offered from time-to-time by Kapesni, LLC (referred to as “us,” “we,” or “our”) comprise the Kapesni Service (the "Service").



Kapesni, LLC reserves the right to suspend or terminate your registration, or your access to the Service, in the event that you breach any term of this Agreement. You are responsible for your own registration and all use of the Services under it. You should not share your password nor use the Service using the registration of any third party.

Privacy Policy
Kapesni, LLC is concerned about user privacy and operates the Services under the PRIVACY POLICY published at www.kapesni.com/privacy_policy. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

Proprietary Materials
All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this website, other than User Content as defined below ("Site Content"), and all software embodied in this website or otherwise used by Kapesni, LLC to deliver the Services ("Software") is proprietary to us or to third parties, and except as otherwise expressly permitted by this Agreement, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited.

User Names and Passwords
Several activities on the Site and use of the Service require user names and passwords (e.g., if you establish a user account with us). You understand and agree that if your user name and password is used on the Site, we may attribute all use to you and you will be legally bound by it even if the person using your user name and password had no actual authority to do so or failed to correct an error. You agree to protect your password as confidential information and to prohibit anyone you share it with from disclosing it to anyone not authorized by you. We recommend that you not share your password, but if you do, you agree to defend, indemnify and hold us harmless from and against any use claimed to be unauthorized.

Your Accuracy
You agree to supply only accurate, current and complete information when setting up an account on the Site, creating a Tour, reviewing a Tour, or otherwise using the Site or related Service. You also agree to review and correct all information that is supplied about you (such as if our Site pre-populates information that you would otherwise have to enter) to ensure that it is always accurate, current and complete.


Any computer software downloadable (such as the Kapesni App) or otherwise made available to you in connection with the Service is licensed subject to the terms of the applicable licensing agreement, which terms are incorporated into these Terms. In using the Service, you agree to:

  • use the Service ONLY as described in these Terms;
  • abide by any additional terms, codes of conduct, or other notices pertaining to the Service; and
  • comply with all applicable laws and use the Service in a lawful manner.

One of the features of the Service is the ability to create and publish your own Kapesni Tours and content (“Tours”) – such as a guide to a museum or other attraction. You agree that these Terms apply to Tours that you create using the Service. You acknowledge and agree as follows:

  • Copyright / Ownership.
    When you create a Tour using the content authoring feature of the Service, or otherwise post content to the Site, you retain ownership of any copyright you claim to your submitted materials. By making a Tour or other content available through the Service, you grant to us a non-exclusive, sublicensable, perpetual, irrevocable, royalty-free, worldwide license to reproduce, communicate, edit, adapt, publish, distribute, import, export, transmit and otherwise use your Tour and other content. This license will terminate once you withdraw your Tour or content from publication.

Digital Millennium Copyright Act
Kapesni, LLC complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints or objections to material posted on the Services you may contact our Designated Agent at the following address:

Kapesni, LLC
352 Pleasant Street Holyoke, MA 01040
Email: support@kapesni.com
Phone: 413 200 8687

Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Services;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Counter Notices
If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

  • a physical or electronic signature of the subscriber;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Kapesni, LLC may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
  • Removal of Content.
    We have the right to immediately delete any Tour and/or content (or part thereof) made available by you that violates any of the restrictions set forth in these Terms (in particular content that is offensive or violates the intellectual property rights of another person or entity) without notice to you.
  • No Backup or Storage Service.
    We do not provide any backup or data storage service for any of the materials that you publish in a Tour. When you publish a Tour on the Site, a copy thereof is published to our servers. Please note that any photos that you add to your Tour will be automatically resized to enhance functionality, and you should therefore NOT rely on the Site and Service to save any of your photos.

In using Kapesni, you may upload, post, or submit to Kapesni, LLC or distribute using Kapesni, LLC: photographs, text, graphics, video, audio, documents, and other materials and information (collectively, "User Content"). The User Content remains your property, and Kapesni, LLC does not claim any ownership of the copyright or other proprietary rights in such information and User Content. Notwithstanding the foregoing, you agree that:

  1. you are publishing and making your User Content available for viewing by third parties, that your User Content may be associated with your KAPESNI, LLC username, and that accordingly your User Content will be attributable to you, that third parties will gain access to your User Content through the Services, and KAPESNI, LLC shall in no event be liable to you for any use or misuse of your User Content by any third party.;
  2. you grant KAPESNI, LLC and its Partners a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable license, with right to sublicense, to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content in connection with operation of the Services, promotion of the Services, and any other purposes reasonably related to playing KAPESNI, LLC and for the purposes of promotions and advertising of KAPESNI, LLC and its Partners.
  3. all users of KAPESNI, LLC have the right to access your User Content, and to copy, modify, use, publish, distribute, prepare derivative works, publicly perform, publicly display and otherwise exploit the User Content for personal, non-commercial use;
  4. you represent and warrant that you own all proprietary rights in your User Content or, with respect to any User Content you do not own, you have the full authority and right to post the User Content and to grant the licenses granted hereunder, and that your posting of the User Content, and the exercise by KAPESNI, LLC, its Partners and Customers of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party; and
  5. if any royalties are payable to any third party for exploitation of User Content posted by you in accordance with the licenses granted by you in this Agreement, you shall be responsible for and pay such royalties.

KAPESNI, LLC is under no obligation to edit or control User Content that you and other users post to or distribute, and will not be in any way responsible or liable for User Content. KAPESNI, LLC does not vet or control the Customers or other individuals that use the Services. You post, access and use User Content at your own risk, and KAPESNI, LLC and its Partners shall not be liable for any loss or damage that any person may suffer as a result of using the Service or using or relying on the User Content. Customers should exercise caution in interacting with unknown persons that they meet playing KAPESNI, LLC in the same way that they would exercise caution in the physical world.


In using the Site and Service, you shall NOT:

  • use the Site or Service for any purpose that is prohibited by these Terms or is in violation of any local, state, national, or international laws;
  • Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Content;
  • use any means to modify or reroute the Service, except to create Tours and engage in activities permitted by the Service;
  • broadcast, reproduce, republish, post, transmit or distribute any part of the Service (other than as specifically allowed under these Terms);
  • post, share, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, profane, bigoted, obscene, hateful, racist, or otherwise objectionable, or that may be invasive of another’s privacy or exploitative of persons in a sexual manner (including without limitation content which contains nudity or links to an adult-themed website);
  • Contains material from other copyrighted works without the written consent of the owner of such copyrighted material, other than reasonable excerpts permitted under the copyright doctrine of fair use;
  • Infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party;
  • Contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury or damage to the material’s readers or others;
  • use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data;
  • use the Service in any way that harms us, our affiliates, partners, resellers, distributors, customers, service providers and/or suppliers, as we determine in our sole discretion;
  • use the Service in any manner that could damage, disable, overburden, or otherwise harm the Service and/or Site or interfere with any other party's use and enjoyment of the Service and/or Site;
  • post any materials (including software and other information) that could harm (or are designed to harm) other users’ computers (e.g., viruses) or would allow others to inappropriately access software or websites or cause damage to the Website;
  • “frame” or “mirror” the Website or otherwise make it look like you have a relationship with us or that we have endorsed you for any purpose;
  • reverse engineer any aspect of the Site or do anything that might bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as expressly permitted by applicable statutory law);
  • use the Service in any manner which is contrary to the provisions of any applicable third party terms of use or other agreements (including any requirement to secure written permission prior to making certain utilization of content);
  • except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent;
  • employ any technique to compile any false or misleading information or content;
  • harm minors in any way;
  • intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations that may be applicable to you;
  • upload content, files or post messages that contain photos, software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law, unless you own or control the rights thereto or have received all necessary consents;
  • use the Service to gain unauthorized access to any third party services, user accounts, computer systems, or networks;
  • “spam,” or post or transmit unsolicited advertising, junk mail, chain letters, pyramid schemes, or other form of solicitation; or
  • solicit login information or access an account belonging to another user or create an account for another user.


We reserve the right, in our sole discretion, to terminate your access to the Site and/or Service, remove any user name that you have developed, refuse to pose, edit, or remove any Tours that you have posted, and terminate your privileges, with or without prior notice to you, for violation of the letter or spirit of these Terms, applicable law, or if you create possible legal exposure for us or for any other reason. We shall have the right, but not the obligation, to monitor the content of the Site, including Tours and other user controlled areas to determine compliance with these Terms.
We reserve the right to disclose information maintained about you if required to do so by applicable law or court order or to enforce these Terms.
We reserve the right (but are not obligated) to do any or all of the following:

  1. record Customer Content;
  2. Investigate any allegation that Customer Content or Customer registration information does not conform to the terms and conditions of this Agreement;
  3. remove User Content or Customer registration Information that is abusive, illegal or disruptive, or that otherwise fails to conform with the terms and conditions of this Agreement;
  4. monitor, edit or disclose any Customer Content or Customer registration information; or
  5. edit or delete any Customer Content or Customer registration information, regardless of whether such content violates any terms and conditions of this Agreement.

Kapesni, LLC has no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the aforementioned activities.
If you feel that your rights have been violated (including if you believe that posted material infringes the intellectual property or other rights of a third party), please contact us using the contact information on the Site.


The Service may include content provided by third parties, including Tours posted on the Site by other users of the Service or official Tours that are sanctioned by a particular attraction. The inclusion of such third party content does not constitute or imply our endorsement or recommendation of any third party (including without limitation the content of any Tours). We make no representations or warranties regarding the accuracy or completeness of any such third party content. Statements and opinions in Tours and other materials on the Site are those of the individual contributors or advertisers, as indicated.


The Site may contain links to websites owned and operated by third parties (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation, any further link contained in a Linked Site, or any errors or omissions in the contents of any Linked Site. We provide these links to you only as a convenience, and the inclusion of a link does not imply any endorsement of or any affiliation or connection between us and the Linked Site or its owners. You are responsible for evaluating the accuracy, completeness, applicability, and usefulness of the contents of any Linked Site, including without limitation, any opinion, advice, information provided regarding services, products, or any other information.


There is no fee for using the Kapesni App or for viewing Tours via the Kapesni website. We may introduce a premium version in the future. We reserve the right to charge fees for any future versions of the Service and for any additional modules and/or content.
Organizations pay a monthly fee to create and maintain Kapesni Tours: for use of the software, for data and file storage, and for bandwidth. You acknowledge that the nature of the service furnished and the rates and charges have been communicated to you. You are aware that Kapesni, LLC may prospectively change the specified rates and charges from time to time.
Organizations may also choose to hire Kapesni, as consultants and billed on an hourly basis, for projects like content creation or customization of the Kapesni interface. Such consulting projects will be contracted separately and may have their own conditions in addition to these Terms.


Establishment of the Service is dependent upon receipt by Kapesni, LLC of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Unless other mutually agreed upon arrangements for payment have been made, your credit card will automatically be billed when payment is due. It is your responsibility to notify Kapesni, LLC of any changes to your billing information so that we may charge your credit card in a timely manner.

Service will be interrupted on accounts that reach 25 days past due. Accounts not paid within 14 days of due date are subject to a $50.00 late fee. Accounts that are not collectable by Kapesni, LLC may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay Kapesni, LLC a "Processing and Collection" Fee of not less than $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in these Terms.

Kapesni, LLC may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.


All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to sales@kapesni.com. You must have all account information to cancel.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.


We reserve the right to run advertisements and promotions within the Service, including in Tours that you post (the "Promotions"). You agree that we have the right to run such Promotions without any compensation to you. Any dealings, promotions, or transactions between you and any third parties with regard to the Promotions, and any other terms, conditions, warranties or representations associated with such dealings, promotions, or transactions, are solely between you and such third party; we are not responsible or liable for any part of any such dealings, promotions, or transactions.


We may update and/or revise the Site, the Tours, and/or the Service at any time for any reason. We shall not have any obligation to inform you of or furnish to you any such updates and/or revisions.


We reserve the right to modify the terms, conditions, and notices under which we offer the Service, including without limitation any modifications associated with the usage of the Site. You are responsible for regularly reviewing these Terms, conditions and notices, and any additional provisions posted on the Site. Your continued usage of the Service after the effective date of such modifications constitutes your acceptance of, and agreement to, such modifications.


Your use of the Site, Kapesni App, Tours, and the Service is at your own risk. We do not guarantee the accuracy of any information within the Site, Kapesni App, Tours, and/or the Service. We are not responsible for the actions or content of third parties, and you release us and our officers, directors, employees and agents from any claims and damages, known or unknown, arising in any way connected with any claim that you may have against a third party. You waive any law or statute that states in substance that “A general release does not extend to claims to which a party does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement.” WE provide the site, KAPESNI APP, TOURS and the SERVICE ‘AS IS’, ‘As available’ and ‘with all faults’ without any representations or warranties whatsoever, and we disclaim all warranties, express, implied or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, NONINFRINGEMENT, accuracy, results achieved, COMPLETENESS, privacy, security, or any warranties arising out of usage of trade, course of performance or course of dealing. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

By using the Site, Kapesni App, Tours and the Service, you agree to indemnify and hold harmless, us, our subsidiaries, affiliates, officers, and employees from any and all claims and expenses, including attorney's fees, arising from your use.

Warranty Exclusions and Limitations of Liability
KAPESNI, LLC warrants that the Services and KAPESNI, LLC Property will conform substantially to the descriptions set forth on the KAPESNI, LLC website. However, KAPESNI, LLC does not warrant that the Services or KAPESNI, LLC Property will operate error-free or without downtime. KAPESNI, LLC may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to KAPESNI, LLC. In the event of any breach of this warranty, the Customer’s sole and exclusive remedy, and KAPESNI, LLC’s sole and exclusive liability, shall be (at KAPESNI, LLC’s option) to remedy the failure or to refund the amount paid by the Customer, if any. Except as set forth in the foregoing sentence, KAPESNI, LLC makes no representations or warranties of any kind regarding the Services or the KAPESNI, LLC Property. Kapesni, LLC expressly disclaims any and all warranties, whether express or implied, including: all warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any and all warranties arising from course of dealing and usage of trade; that the services and Kapesni, LLC property will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error, as to the results that may be obtained from the operation, use or other exploitation of the services or Kapesni, LLC property, and as to the accuracy or reliability of any information obtained from the services or the Kapesni, LLC property. No advice or information, whether oral or written, obtained by you from KAPESNI, LLC or through the Services will create any warranty not expressly stated herein.

Under no circumstances will you be entitled to recover from Kapesni, LLC or any partner any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits or loss of use), whether based on contract, tort (including negligence), or otherwise arising from or relating to the services or Kapesni, LLC property, even if Kapesni, LLC or such partner has been informed or should have known of the possibility of such damages.

In any event, the maximum aggregate liability of Kapesni, LLC and its partners for any and all damages arising from the services or the Kapesni, LLC property shall be a refund of the amount paid by you to Kapesni, LLC, if any.

Some jurisdictions do not allow the limitation or exclusion of warranties or of liability, so some of the above limitations or exclusions may not apply to you.

Kapesni, LLC is pleased to hear from you and welcomes your comments about the Services. In the event that you submit ideas or suggestions for the Services ("Feedback"), the Feedback will be deemed, and will remain, the sole property of Kapesni, LLC. None of the Feedback will be subject to any obligation of confidence on the part of Kapesni, LLC, and Kapesni, LLC will not be liable for any use or disclosure of any Feedback. Without limiting the foregoing, Kapesni, LLC will be entitled to unrestricted use and other exploitation of the Feedback for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Feedback.


You may NOT use the Service if you are under 13 years of age. If you are under the age of 13, you are not permitted to register as a Customer or to send personal information to Kapesni, LLC.


In no event shall Kapesni, LLC be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Kapesni, LLC’s reasonable control.


Except as expressly stated herein, these Terms constitute the entire agreement between you and us with reference to your usage of the Site, the Kapesni App, Tours, and the Service. There are no agreements, conditions, understandings or representations, oral or written, express or implied, with reference to the subject matter of these Terms that are not merged herein, expressly referenced herein, or superseded hereby. These Terms do not limit any rights that we may have under trade secret, copyright, patent, trademark or other laws. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of law provisions. Any action under these Terms shall be settled by binding arbitration in Hampden County, Massachusetts under the rules of the American Arbitration Association. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

No delay or omission by KAPESNI, LLC in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by KAPESNI, LLC of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to" and the term "partner" is used solely to denote another entity with whom KAPESNI, LLC has a sponsorship or marketing agreement, not a participant in a legal partnership with a view to conducting a business enterprise in which participants share profits and losses. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and KAPESNI, LLC regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.

We may freely assign, sublicense, delegate or transfer all or any portion of our rights or responsibilities under these Terms by operation of law or otherwise without notice to you. Any assignment of these Terms by us in connection with a sale of its business shall relieve us from any further liability hereunder. All the terms and provisions of these Terms shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. The captions and section headings used in these Terms are inserted for convenience only and shall not affect the meaning or interpretation of these Terms.