PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THE SERVICE.
Introduction and Overview
further agree that KIK may change, alter, or modify the settings or configurations on your Device (defined below) in use of the Service.
It’s important that you read these entire Terms; but to help facilitate your review, here are some of the more significant initial attention that are further detailed below. The summaries of provisions and section headings are provided for limit the full Terms. The full provisions shall govern. Capitalized terms have the meanings given to them where defined
- Each time you use the Service, these Terms, and any applicable Additional Terms (defined below), then posted apply (subject check back each time you return for any updates.
- Click herefor a summary of each section of these Terms. You may click on the topic heading or the “More” link for full details.
- Many types of disputes that may arise in connection with your access to and use of the Service are subject to mandatory waiver of a right to a jury trial. (Section 10)
- Carrier charges may apply to use of our mobile app. You may uninstall our mobile app at any time. Special terms apply geo-location or other location-based features on our mobile app, your Device location will be tracked and may be shared 17)
- WE ARE PROVIDING THE SERVICE TO YOU ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, AND CONNECTION WITH YOUR USE OF THE SERVICE IS VERY LIMITED. Many other limitations and disclaimers relate 11 and Section 12)
If You Want to Use The Service,
then carefully read these entire Terms (including all links to details), as they constitute a written agreement between legal rights and obligations. Each time you access and/or use the Service (other than to simply read these Terms), comply with the Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service business realities associated with operating the Service are such that, without the limitations that are set forth in these and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – available to you.
It is important that you read and understand these entire Terms before using the Service. To ease review, brief introductory summary and a link to the full explanation. Please note that the complete provisions, summaries shall govern. You can click on the headings and “More” buttons to be taken to the full explanation.
the meanings given to them where defined in the Terms.
- Service Content, Ownership, Limited License, and Rights of Others: We only grant you a limited revocable license use subject to rules and limitations. More
- Content You Submit and Forum Usage Rules: You grant us a broad license, which we may sublicense, to the content have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. Use of our Service usage rules and we have the right to manage our Service to keep its content appropriate. More
- Service and Content Use Restrictions: Your use of our Service is subject to various restrictions designed to protect the change or discontinue our Service in whole or in part. More
- Accounts: You may have the opportunity to open, revise and close your accounts, subject to certain rules. We may offer regarding how and to whom some aspects of your account are used and seen, but these may not be completely effective.
- Notices, Questions and Customer Service: Click here to contact us for customer service or questions. You agree we new terms and conditions, by posting notice on the home page, changing the “Last Updated” date at the beginning of these means that we may elect, such as to the e-mail address you provided. More
- Product-Related Matters: Terms may change and errors may occur. Consult Additional Terms regarding each product.
- Links By You to the Service: You may link to our Service, subject to some basic rules. More
- Third-Party Sites; Advertisements; Dealings With Third Parties: We are not responsible for third parties or their content, products and/or services. We may make advertisements and third-party content or services available to you on or via our caution when dealing with third parties. More
- Wireless and Location-Based Features: Wireless carrier charges may apply to use of the Service via wireless networks details may be used for purposes such as connecting you with local retailers. More
- Dispute Resolution: You agree to arbitrate most disputes and waive jury trial and class actions and to bring many types Disclaimer of Representations and Warranties: We disclaim warranties to the extent permitted by applicable law, and Limitations of our Liability: Our liability is greatly limited. More
- Waiver of Injunctive or Other Equitable Relief: You waive equitable or injunctive relief. More
- Updates to Terms: These Terms and Additional Terms posted on the Service at each time of use apply to that use, and updated as our Service evolves. Posting of new Terms is notice to you thereof. More
- General Provisions: You agree to various other terms and conditions, which you should read here, including regarding law that governs these Terms; (c) your indemnity of us; (d) accessing the Service from outside of the United States and/for those countries subject to United States export controls; (f) enforcement and interpretation of these Terms; (g) communications cooperation with law enforcement, termination and survival; (i) limit on assignment and delegation of rights and obligations; your responsibility for your connectivity and access; and (l) some special notices for residents of California. More
- Procedure For Alleging Copyright Infringement: Users may not post content they do not own or control, and may be Copyright owners may give us notice of infringement by following specific instructions specifically addressed in this section.
- Terms Applicable For Apple iOS: There are some other things you should know if you are accessing or using the Service
Service Content, Ownership, Limited License, and Rights of Others
- Content. The Service contains a variety of: (i) materials and other items relating to KIK and its products and services, licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of KIK (collectively, “Trademarks”); and (iii) other forms of intellectual property (all of the foregoing, collectively “
- Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled third parties. All right, title, and interest in and to the Content available via the Service is the property of KIK or our and is protected by U.S., Canadian and international copyright, trademark, trade dress, patent, and/or other intellectual rights and laws to the fullest extent possible. KIK owns the copyright in the selection, compilation, assembly, arrangement, Content on the Service.
- Limited License. Subject to your strict compliance with these Terms and the Additional Terms, KIK grants you a assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest immediately suspended or terminated for any reason, in KIK’s sole discretion, and without advance notice or liability. you to have greater access to and use of Content, subject to certain Additional Terms.
- Rights of Others. In using the Service, you must respect the intellectual property and other rights of KIK and others. may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result potential criminal liability. KIK respects the intellectual property rights of others. If you believe that your work has posting or distribution of it via the Service, then please see Section 16 below.
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Content You Submit and Forum Usage Rules
- User-Generated Content. KIK may now or in the future offer users of the Service the opportunity to create, build, distribute, transmit, broadcast, or otherwise make available on or submit through the Service (collectively, “submit graphics, photos, comments, responses, information, music, videos, content, ratings, reviews, data, questions, suggestions, information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content through forums, message boards, “contact us” tools, e-mail, and other communications functionality (“Forums grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated ultimately responsible for it.
- Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service’s posted you agree that (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark the like – and will not be returned, and (b) KIK does not assume any obligation of any kind to you or any third party Content. Upon KIK’s request, you will furnish us with any documentation necessary to substantiate the rights to such compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider Generated Content and do so at your own risk. In your communications with us, please keep in mind that we do not seek any unsolicited ideas or materials for products improvements to products or services (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and via the Service are deemed User-Generated Content and licensed to us as set forth below. In addition, KIK retains the general public with regard to your Unsolicited Ideas and Materials. Your transmission of Unsolicited Ideas and receipt and/or access to same. Furthermore, KIK’s receipt of your Unsolicited Ideas and Materials is not an admission priority, or originality, and it does not impair KIK’s right to contest existing or future intellectual property rights relating Materials.
- License to Us of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms which specifically govern the submission of your User-Generated Content, you hereby grant to us, and you agree unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any hereafter developed, and to advertise, market, and promote the same. The granted rights granted by the preceding configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or rights and license that you grant to us to your User-Generated Content, you also hereby grant to us, and agree to perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.C.
- Our Exclusive Right to Manage our Service. We may, but will not have any obligation to, review, monitor, display, otherwise make use of, any of your User-Generated Content, and we may, in our sole discretion, reject, delete, move, or otherwise make use of User-Generated Content without notice or any liability to you or any third party. Without content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, otherwise objectionable or inappropriate, or to enforce the rights of third parties or to enforce these Terms or any Generated Content submitted by you or others need not be maintained on the Service by us for any period of time submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere.
- Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content Generated Content: (a) you are the sole author and owner of the intellectual property and other rights to the User-lawful right to submit the User-Generated Content and grant us the rights to it that you are granting by these Terms any obligation of KIK to obtain consent of any third party, and without creating any obligation or liability of KIK; (b) accurate; (c) the User-Generated Content does not, and as to our permitted uses and exploitation set forth in these intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms injury or harm to any person.
- Enforcement. KIK has no obligation to monitor or enforce your intellectual property rights to your User-Generated protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of appointment is coupled with an interest).
- Forum Usage Rules. As a user of the Service, these Forum Usage Rules (“Rules”) are here to help you understand members of the Service’s Forums
- Nature of Rules. Your participation in any Forum is subject to all of the Terms, including these Rules:
- Your User-Generated Content. All of your User-Generated Content either must be original with you in it from third parties in order to permit you to comply with these Terms and any Additional Terms. not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any User-other people and pass it off as your own; this includes any content that you might have found elsewhere contributes to your User-Generated Content or has any rights to your User-Generated Content, or User-Generated Content, then you must also have their permission to submit such User-Generated someone has taken a picture of you and your friend, and you submit that photo to KIK as your User-obtain your friend’s and the photographer’s permission to do so.)
- Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends submit photos to the Service, link to embedded videos, or include other images of real people, then and someone you know – and only if you have their express permission to submit it.
- Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. comments so we can continue to build Forums for everyone to enjoy. If you think your User-Generated be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated or harm others, and it must not include any negative comments that are connected to race, national physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, explicit.
- Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise other commercial activity, or a politician, public servant, or law.
- Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, inappropriate activity.
- Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, that misrepresents your identity or affiliation with a person or company.
- Others Can See. We hope that you will use the Forums to exchange information and content and other members. However, please remember that the Forums are public or semi-public and User-Generated Service within a Forum may be accessible and viewable by other users. Do not submit personally identifying name together, password, phone number, address, credit card number, medical information, e-mail information or contact information) on Forum spaces and take care when disclosing this type of information
- Don’t Share Other Peoples’ Personal Information. Your User-Generated Content should not reveal number, e-mail address, social security number, credit card number, medical information, financial may be used to track, contact, or impersonate that individual, unless, and in the form and by the method,
- Don’t Damage the Service or Anyone’s Computers or Other Devices. Your User-Generated Content horses, spyware, or any other technologies or malicious code that could impact the operation of the Device.
- If you submit User-Generated Content that KIK reasonably believes violates these Rules, then we may take any legally deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by law. We the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other Content in question being removed from the Service.
- Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have involved in disputes between you and other users. Exercise common sense and your best judgment in your you submit any personal or other information) and in all of your other online activities.
- Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to alleged infringements of intellectual property rights, see Section 16 below.
Service and Content Use Restrictions
Service Use Restrictions. You agree that you will not: (i) aside from your purchase of goods or services offered parents, subsidiaries and affiliates (“Affiliate(s)”), use the Service for any commercial purpose (including, without soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” any activities through or in connection with the Service that seek to, attempt to or actually harm any individuals or obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, us; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with proper operation of the Service, or otherwise causes harm to the Service, KIK, or other users of the Service; (vi) feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, (vii) harvest or otherwise collect or store any information (including personally identifiable information about other addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or Content Use Restrictions. You also agree that, in using the Service: (i) you will not monitor, gather, copy, or distribute result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) techniques to enclose any such Content (including any images, text, or page layout); (iii) you will keep intact all Trademark, intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with of KIK or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or any way that adversely affects any user experience.
Availability of Service and Content. We may immediately suspend or terminate the availability of the Service and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.
Reservation of All Rights Not Granted as to Content and Service. These Terms and any Additional Terms include to make use of Content and to use and access the Service. No other right or license may be construed, under any industry custom, or otherwise. All rights not expressly granted to you are reserved by KIK and/or its licensors or other use of any Content or the Service for any purpose is prohibited.
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If you register for any feature that requires a password and/or username, then you will select your own password at the an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; current, and complete registration information about yourself in connection with the registration process and, as permitted, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality access to your Device so that others may not access any password protected portion of the Service using your name, username, immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; assign your account or any account rights.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is or violates these Terms, any Additional Terms, or any applicable law, then we may suspend or terminate your account. We broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, advance notice or liability.
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Notices, Questions and Customer Service
You agree that: (i) we may give you notices of new, revised or changed terms and other important matters by prominently
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the Service, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or e-mail sent to the to promptly notify us if you change your e-mail or mailing address.
If you have a question regarding these Terms or wish to send us a legal notice, you may contact us by sending an e-mail have a customer service inquiry, please visit the “Contact Us” section on the Service and follow the instructions posted acknowledge that the provision of customer support is at our sole discretion and that we have no obligation to provide you Return to Terms summary and navigation
We try to describe the products and/or services offered on this Service as accurately as possible. However, we are human, product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. Additional consult the Additional Terms for each product or service.
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Links By You to the Service
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest other confusion, and (c) the links and the content on your website do not portray KIK or its products or services in a false, offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking sole discretion, without advance notice or any liability of any kind to you or any third party.
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Third-Party Sites; Advertisements; Dealings With Third Parties
Third-Party Content and Sites; Advertisements. The Service may contain links to third-party sites, such as those controlled or operated by KIK, and the Service may also include third-party ads, tools and or other content on the (collectively, “Third-Party Sites”), including services operated by advertisers, our retailers, distributors and certain business relationships with KIK. We may also host our content, apps and tools on Third-Party Sites. KIK may have operations, policies, terms, or other elements of Third-Party Sites, and KIK does not assume any obligation to review endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, Furthermore, KIK is not responsible for the quality or delivery of the products or services offered, accessed, obtained FINALLY, KIK will under no circumstances be liable for any direct, indirect, incidental, consequential, punitive or special arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, distribution or exploitation of any information or content contained within Third-Party Sites. Any activities you engage are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator disclaims all liability in connection therewith.
Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have through the Service (including on or via Third-Party Sites) are solely between you and the third party (including issues delivery of goods, warranties (including product warranties), privacy and data security, and the like). KIK disclaims Return to Terms summary and navigation
Wireless and Location-Based Features
Wireless Features. The Service may offer certain features and services that are available to you via your wireless may include the ability to access the Service’s features and upload content to the Service, receive messages from applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions Terms of Wireless Features. You agree that as to the Wireless Features for which you are registered, we may send or apps to your wireless Device regarding us or other parties. Further, we may collect information related to your have registered via the Service for Wireless Features, then you agree to notify us of any changes to your wireless number) and update your account(s) on the Service to reflect the changes.
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environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the directly to death, personal injury, or severe physical or property damage. The location-based services are not suited purposes, fleet tracking, or any other type of business or enterprise use.
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If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 10 are deemed to be a “written the Federal Arbitration Act. You and KIK agree that we intend that this Section 10 satisfies the “writing” requirement of the First – Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or your User-Generated Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, actual or alleged intellectual property rights (an “Excluded Dispute”), which includes those actions set forth in Section send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with notice to you will be sent to you based on the most recent contact information that you provide us. But if no such is not current, then we have no obligation under this Section 10(A). Your notice to us must be sent via email to:
of sixty (60) days from the date of receipt of notice from the other party, KIK and you will engage in a dialogue in or Excluded Dispute, though nothing will require either you or KIK to resolve the Dispute or Excluded Dispute on KIK, in each of our sole discretion, are not comfortable.
Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 10(A) (or agree to arbitration in writing within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND KIK STATUTE, REGULATION, ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER INTENTIONAL —COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT OR SERVICE PURCHASED ADVERTISING AVAILABLE ON OR THROUGH THE SERVICE. For U.S. residents, the Federal Arbitration Act (“
arbitrability of all disputes between KIK and you regarding these Terms (and any Additional Terms) and the Service, Matters” Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT HEARD BY A JUDGE OR JURY. KIK and you agree, however, that the applicable state, federal or provincial law, below, shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, choice of law principles.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Arbitration Association (“AAA”), except as modified herein, and the arbitration will be administered by the AAA. If the AAA for formal arbitration and the AAA is unwilling to set a hearing then either party can elect to have the arbitration Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or service that you and an officer or legal representative of KIK consent to in writing. If an in-person arbitration hearing resident, then it will be conducted in Gwinnett County, Georgia. If an in-person arbitration hearing is required and be conducted in Toronto, Ontario and in the English language. You and we will pay the administrative and arbitrator’s with the applicable arbitration rules; but if applicable arbitration rules or laws require KIK to pay a greater portion this Section 10 to be enforceable, then KIK will have the right to elect to pay the fees and costs and proceed to arbitration. conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE NOT A EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY FORTH IN SECTION 10(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER applicable: (a) by delivery of written notice as set forth above in Section 10(A); (b) filing for arbitration as set forth in state, Federal or provincial court.
Injunctive Relief. The foregoing provisions of this Section 10 will not apply to any legal action taken by KIK to seek in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any and/or KIK’s intellectual property rights (including such KIK may claim that may be in dispute), KIK’s operations, No Class Action Matters. YOU AND KIK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable agreement in Section 10(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant any other provision of this Section 10, any and all issues relating to the scope, interpretation and enforceability of contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent
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arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted, if you are a resident court in State of Georgia in Gwinnett County, or if residing in Canada, in the Ontario Superior Court of Justice in KIK consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us (but not Excluded Disputes) in small claims court of competent jurisdiction.
Governing Law. These Terms and any Additional Terms will be governed by and construed in accordance with, will be resolved in accordance with, if you reside in the United States, the laws of the State of Georgia, or if you reside Province of Ontario and the laws of Canada applicable therein, without regard to its conflicts of law provisions.
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DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest Custom Products Inc., its Affiliates, and each of their respective officers, employees, directors, members, managers, shareholders, licensees, contractors, customers, successors, and assigns (collectively, “KIK Parties”) hereby disclaim and make no representations, endorsements, or promises, express or implied, as to:
the Service (including the Content and the User-Generated Content);
the functions, features, or any other elements on, or made accessible through, the Service;
any products, services, or instructions offered or referenced at or linked through the Service;
security associated with the transmission of your User-Generated Content transmitted to KIK or via the Service;
whether the Service or the servers that make the Service available are free from any harmful components (including technologies that could adversely impact your Device);
whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, whether any defects to, or errors on, the Service will be repaired or corrected;
whether your access to the Service will be uninterrupted;
whether the Service will be available at any particular time or location; and
whether your use of the Service is lawful in any particular jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY EXTENT PERMITTED BY APPLICABLE LAW, KIK PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
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LIMITATIONS OF OUR LIABILITY
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KIK PARTIES FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, or consequential losses or damages that are directly or indirectly related to:
the Service (including the Content and the User-Generated Content);
the products and services made available through the Service (including, without limitation, our water testing app your use of or inability to use the Service, or the performance of the Service;
any action taken in connection with an investigation by KIK Parties or law enforcement authorities regarding your any action taken in connection with copyright or other intellectual property owners or other rights owners;
any errors or omissions in the Service’s technical operation; or
any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, equipment failure or malfunction.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable
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© 2015 SOLSKYN PERSONAL CARE LLC
advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications of the Service).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are limitation or exclusion may not apply to you.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY EVENT WILL KIK PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EQUAL TO THE AMOUNT YOU HAVE PAID KIK IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT PRODUCT WARRANTY THAT IS PROVIDED BY US.
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Waiver of Injunctive or Other Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL USED OR CONTROLLED BY KIK (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR Return to Terms summary and navigation
Updates to Terms