KINNAMI SOFTWARE CORPORATION END USER LICENSE AGREEMENT. TERMS OF SERVICE.
IN ORDER TO USE THE PRODUCT, YOU MUST FIRST AGREE TO THESE TERMS.
YOU MAY NOT USE THE PRODUCT IF YOU DO NOT ACCEPT THESE TERMS.
YOU CAN ACCEPT THESE TERMS BY CLICKING TO ACCEPT OR AGREE TO THESE
TERMS, WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY US IN THE USER INTERFACE
FOR ANY SERVICE; OR BY ACTUALLY USING THE PRODUCT. YOU UNDERSTAND AND
AGREE THAT WE WILL TREAT YOUR USE OF THE PRODUCT AS ACCEPTANCE OF THESE
TERMS FROM THAT POINT ONWARDS.
This “Individual End User License Agreement” (referred to below as
this “EULA”) has been written to describe the conditions under we make
the Kinnami Software Corporation service and products (the “Product”)
available to you through our websites and mobile applications. In
this EULA, “we” and “us” means Kinnami Software Corporation, a Massachusetts
corporation and “you” means the person using the Product. This EULA
discusses important limitations about the way you may use and rely upon
materials you find on the Product. Read this EULA carefully. By using
the Product, you will be deemed to have accepted this EULA. If you do not
accept this EULA or if your right to use the Product has been terminated
(see below), you may not use the Product.
REGISTRATION REQUIREMENTS; AGE LIMITATION.
You hereby authorize us to verify your representations and warranties
herein, and you acknowledge that we reserve the right, but not the
obligation, to verify such representations and warranties, and to take
action we deem appropriate in our sole discretion, including but not
limited to terminating your right to use the Product, should we
determine, in our sole opinion, that you have violated any
representation or warranty or any other provision of this EULA.
We (or the third parties providing materials through the Product)
retain all copyright and other proprietary rights in the Product
or the materials that we make available through the Product (other
than your Submissions, as governed by section 4, below). You may
not modify the materials in the Product in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for
any public or commercial purpose. The materials in the Product are
copyrighted and any unauthorized use of any materials at the Product
may violate copyright, trademark, and other laws.
- YOUR SUBMISSIONS.
We make no claim of ownership of materials submitted transmitted,
stored or processed using the Product (your “Submissions”).
We also do not control, verify or endorse the Submissions that
you and others submit in your use of the Product. You grant us
the non-exclusive worldwide perpetual irrevocable right to use,
transmit, and disclose such Submissions on or using the Product.
We may also collect data concerning your Submissions and use such
data, and disclose such data in aggregate form, for benchmarking,
improvements to products and services, or marketing. You shall be
solely responsible for your own Submissions and the consequences of
submitting and publishing your Submissions with the Product.
We provide functions that allow you to control who may access your
Submissions. We are not responsible for the actions of others to whom
you may share your Submissions. You affirm, represent, and warrant
that you own or have the necessary licenses, rights, consents, and
permissions to publish Content you submit. You further agree that
the Submissions to us with the Product will not contain third party
copyrighted material, or material that is subject to other third
party proprietary rights, unless you have permission from the
rightful owner of the material or you are otherwise legally entitled
to post the material and to grant us all of the license rights
granted herein, and agree to indemnify and defend us against any
claim to the contrary.
- be solely responsible for the nature, quality
and accuracy of your Submissions;
- ensure that your Submissions (including the storage or
transmission thereof) complies with these Terms and any and all
applicable laws, and regulations;
- promptly handle and resolve any notices and claims relating to
your Submissions, including any notices sent to you by any person
claiming that your Submissions violates any person's rights,
such as take-down notices pursuant to the Digital Millennium
Copyright Act and any other notices; and
- maintain appropriate security, protection and backup copies of
your Submissions, which may include, your use of
additional encryption technology to protect your Submissions
from unauthorized access. We will have no liability of any
kind as a result of the deletion of, correction of, destruction
of, damage to, loss of or failure to
store or encrypt your Submissions.
You must immediately notify us in writing of any unauthorized use of:
any account; or
the Product that comes to your attention.
In the event of any such unauthorized use by any
third party that obtained unauthorized access through you,
you will take all steps necessary to terminate such unauthorized
use. You will provide us with such cooperation and assistance
related to any such
unauthorized use as we may reasonably request.
STORAGE IN THE U.S.
The Product is provided from the United States. By using and accessing
the Product, you understand and consent to the storage and processing
of Submissions and any other personal information in the United States.
We reserve the right to store and process Submissions and personal
information outside of the United States, and will use commercially
reasonable efforts to provide you with at least 30 days notice of any
such changes in the processing location.
We may charge those who access the Product. In such cases, we may
collect payments from users. Information on fees charged by us is
available at https://www.kinnami.com/
or otherwise provided to you
by us. We may increase fees at any time by posting the new fees
on our website [or giving you notice of the increase at least
thirty (30) days in advance of the fee increase].
We do not currently charge users to access or use the Product,
however we may, at any point and in our discretion, elect to begin
charging fees for use of various portions of the Product and/or
for different levels of subscription or account by users.
Fees charged by us may be paid through Paypal or another payment
processing system, or through the use of a credit card that you
enter when you create a billing account, unless otherwise
specifically agreed by us. You agree to pay all charges, recurring
fees, applicable taxes and other charges (collectively herein
“Charges”) incurred by you at the rates in effect for the billing
period in which those charges are incurred. Unless you have made
other arrangements, we will charge your Paypal (or similar
service) account or credit card without invoice as follows:
(i) for recurring fees, either in advance on or around the
first day of each billing cycle, or, at our option, in arrears
with your non-recurring fees; and (ii) for non-recurring fees,
on or around the date incurred, or on or around the first day
of the billing cycle that follows the date incurred, at our
option. Unless otherwise indicated, all fees are denominated
and to be paid in United States Dollars and are exclusive of
any applicable taxes.
You shall pay, indemnify and hold us harmless from all sales,
use, value added or other taxes of any nature, other than personal
property or taxes on or measured by our net or gross income,
including penalties and interest, and all government permit or
license fees assessed upon or with respect to any fees.
You must inform us of any billing problems or discrepancies within
90 days after the charge. If you do not bring them to our
attention within 90 days, you agree that you waive your right
to dispute such problems or discrepancies. Additionally, if
any charges are being collected by us on behalf of a supplier,
then such supplier shall be an express third party beneficiary
of this provision. If your account is delinquent, we may, at
our sole discretion, suspend or cancel your use of the Product.
If your account is suspended, regular charges will continue
to accrue until you cancel your account.
COMPLIANCE WITH STANDARDS OF CONDUCT.
You agree not to use the Product in a manner that would cause you or us
to violate any applicable local, state, national or international law,
including any rules and regulations of any securities exchange, any rules,
regulations, requirements, procedures or policies in force from time to
time relating to the Product, and any export or re-export laws, rules and
regulations; interfere with or disrupt the Product or take any steps to
interfere with or in any manner compromise any security measures with
respect to the Product or any data or file transmitted, processed or stored
on or through the Product.
In addition, you promise that you will not and will not encourage
or assist any third party to:
- modify, alter, tamper with, repair or otherwise
create derivative works of the Product;
- reverse engineer, disassemble or decompile the software used
to provide or access the Product, or attempt to discover or recreate
the source code used to provide or access the Product, except and only
to the extent that the applicable law expressly permits doing so;
- use the Product in any manner or for any purpose other than as
Guides or any other policy, instruction or terms applicable to the
Product that are available on the websites and applications where the
Product may be accessed ("Policies");
- sell, lend, rent, resell, lease, sublicense or otherwise transfer any
of the rights granted to you with respect to the Product to any third
- remove, obscure or alter any proprietary rights notice pertaining
to the Product;
- access or use the Service in a way intended to improperly avoid
incurring fees or exceeding usage limits or quotas;
- use the Service to: (i) engage in any unlawful or fraudulent
activity or perpetrate a hoax or engage in forgery or other
similar falsification or manipulation of data; (ii) store or
transmit inappropriate content, such as Submissions: (1)
containing unlawful, defamatory, threatening, pornographic,
abusive, libelous or otherwise objectionable material of any
kind or nature, (2) containing any material that encourages
conduct that could constitute a criminal offense, or (3) in
a way that violates or infringes upon the intellectual property
rights or the privacy or publicity rights of any person or
entity or that may otherwise be unlawful or give rise to
civil or criminal liability; (iii) store or transmit any
content that contains or is used to initiate a denial of
service attack, software viruses or other harmful or
deleterious computer code, files or programs such as
Trojan horses, worms, time bombs, cancelbots, or spyware; or
(iv) abuse, harass, stalk or otherwise violate the legal
rights of a third party;
- interfere with or disrupt servers or networks used by us to
provide the Product or used by other users' to access the
Product, or violate any third party regulations, policies
or procedures of such servers or networks or harass or
interfere with another user's full use and enjoyment of
- access or attempt to access any other user accounts, computer systems
or networks not covered by these Terms, through password mining or
any other means;
- cause, in our sole discretion, inordinate burden on the Product
or our system resources or capacity; or
- share passwords or other access information or devices or
otherwise authorize any third party to access or use the Product.
We reserve the right, in our sole discretion, to deactivate,
change and/or require you to change your user ID for any reason
or for no reason. We may exercise such right at any time, with
or without prior notice. We will make all judgments concerning
the applicability of these guidelines in our sole and exclusive
discretion. We reserve the right, in our sole discretion, to
determine whether and what action to take in response to each
such notification, and any action or inaction in a particular
instance will not dictate or limit our response to a future
complaint. We will not assume or have any liability for any action
or inaction with respect to any Content.
We collect personally identifiable information from the users of
https://www.kinnami.com/kinnami/amistamp/privacy for information
on how we treat the information we gather about you.
COPYRIGHT AND TRADE MARK POLICIES.
It is our policy to respond to notices of alleged copyright
infringement that comply with applicable intellectual property
law (including the Digital Millennium Copyright Act) and to terminate
the right of repeat infringers to use the Product. Details of our
policy can be found at
DISCLAIMERS AND LIMITATION OF LIABILITY.
The Product is provided “AS IS” without warranties of any kind
including warranties of merchantability, fitness for a particular
purpose, or non-infringement of intellectual property. Applicable
law may not allow the exclusion of implied warranties, so this
exclusion may not apply to you. In no event will we, our suppliers,
or other third parties be liable for any damages whatsoever
(including, without limitation, those resulting from lost profits,
lost data or business interruption) arising out of the use, inability
to use, or the results of use of the Product, whether based on
warranty, contract, tort or any other legal theory and whether
or not we have been advised of the possibility of such damages.
Applicable law may not allow the exclusion or limitation of
incidental or consequential damages, so these limitations or
exclusions may not apply to you.
You agree to indemnify, hold harmless and defend us and our
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, at your expense, against any
and all third party claims or demands, actions, proceedings
and suits and all related liabilities, damages, settlements,
penalties, fines costs and expenses (including, without limitation,
reasonable attorney's fees and other dispute resolution expenses)
incurred by us, due to or arising out of your Submissions, your use
or misuse of the Product, your violation of this EULA, or your
violation of any rights of another.
CHANGES TO THE PRODUCT; TERMINATION.
Certain provisions of this EULA may be superseded by expressly
designated legal notices or terms located on particular parts of
the Product. We may, at any time, modify the Product, or stop
(permanently or temporarily) providing the Product (or any features
within the Product) to you at our sole discretion and for any reason,
and without notice, without liability to you or any person, including
without limitation if we believe you have breached or may breach any
provision of this Agreement; or if the provision of the Product to you
is, in our opinion, no longer commercially viable. Upon any such
termination, the provisions of this EULA shall continue in effect
except you are no longer authorized to use the Product; termination
shall not relieve you for liability for breach occurring prior to
AMENDMENT AND UPDATING OF THIS AGREEMENT; ELECTRONIC SIGNATURES.
We may desire to make changes to this EULA from time to time to update
it, for example to add references to different products and services,
or provide for payment for the use of the Product. We may specify
amended or updated terms that apply to the use of Product after the
effective date of such amendment or update, and we will make a new
copy of this EULA available to you and may require you to accept it
as a condition to the continued provision of the Product to you.
In addition, the continued use of the Product after receipt of such
amended terms shall constitute your agreement to such amended terms.
In addition, any modification, amendment, or waiver of any provision
of this Agreement shall be effective if in writing and either signed
or accepted electronically by the party against whom the modification,
amendment or waiver is to be asserted. Pursuant to any applicable
statutes, regulations, rules, ordinances or other laws, you hereby
agree to the use of electronic signatures, contracts, orders and other
records and to electronic delivery of notices, policies and records of
transactions initiated or completed through the Product. Further, you
hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction
which require an original signature or delivery or retention of
We administer the Product from our offices in the Commonwealth
of Massachusetts, USA. We make no representation that the Product
is appropriate or available for use outside the United States, and
access to the Product from territories where its use is illegal is
prohibited. You may not use or export or re-export the Product or
materials found thereon or any copy or adaptation in violation of
any applicable laws or regulations including without limitation U.S.
export laws and regulations. If you choose to access the Product
from outside the United States, you do so on your own initiative
and are responsible for compliance with applicable local laws.
This EULA will be governed by and construed in accordance with the
laws of the Commonwealth of Massachusetts, without giving effect
to any principles of conflicts of laws. You and we agree to submit
to the exclusive jurisdiction of the state and federal courts
located in Suffolk County, Massachusetts, USA, to resolve any
legal matter arising from this EULA. Notwithstanding this, you
agree that we shall still be allowed to apply for injunctive
remedies (or an equivalent type of urgent legal relief) in any
If you have any questions about this EULA or the Product
you may contact: firstname.lastname@example.org