Kinectify Terms of Use
Online Terms of Use
These Online Terms of Use (“Terms”) govern usage of the websites and online services (“Web Services”) provided by Kinectify, Inc., a Nevada corporation (“we,” “us,” “our”). These Terms form a legal contract between Kinectify and you. Your use of the Web Services means that you agree to follow and be bound by these Terms.Updates to these Terms will be posted to our website, and we are under no obligation to notify you of such updates. You should access these Terms via our website from time to time because your use of our Web Services constitutes your acceptance of these Terms. If you do not agree to the Terms, you may not use our Web Services.If you or your organization has executed a Master Services Agreement, a Statement of Work, a Nondisclosure Agreement, or any other formal agreement with Kinectify, please refer to such agreement(s), as such agreement(s) may supercede these Terms and/or may alter our and your rights and obligations.
Scope
Our Web Services consist of protected areas, which are only accessible with a subscription, and generally accessible areas. Except as provided in any separate agreement(s) we may have with you, these Terms govern both areas.
Trademark Information
The KINECTIFY brand, Kinectify logos and product names are trademarks and/or service marks of Kinectify. Unless directly authorized by us, you agree not to use or display such brands, logos or names.
Proprietary Rights
You acknowledge and agree that the Web Services and any software provided by Kinectify, including application program interfaces (“APIs”), may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content and information presented to you through the Web Services may be protected by patent, trademark, copyright, and other intellectual property rights and laws.Unless directly authorized by us in writing, you agree not to modify, sell, lease, rent, distribute, or create derivative works based on the information, content, or other protected material of Kinectify. You also agree not to copy, modify, reverse engineer, or otherwise attempt to discover any source code, or sell, sublicense, grant a security interest in, or otherwise transfer any right in the software.You agree not to access or attempt to access the Web Services by any means other than through the approved interface that is provided by us.
Prohibited Contact
You agree that you will not use the Web Services for any unlawful purpose. You further agree that you will not download, transmit, or otherwise use any copyrighted or otherwise protected material of which you are not the owner or any other information in violation of applicable laws or regulations, including data protection or privacy laws. You agree that you are bound by, and will comply with, all local laws, regulations, and rules to which you are subject.Violation of these Terms may result in civil or criminal liability. We may investigate such violations and work with law enforcement authorities to prosecute users who violate these Terms.
Notice of Infringement
If you believe that your protected work or information is available through our Web Services in a way that constitutes infringement of your patent, trademark, copyright, or other intellectual property rights please contact us at: legal@kinectify.comPlease include the protected work or information that you claim to be infringed and request to be altered or removed. We may request additional information or documentation to help us evaluate your request.
Third Party Links and Content
Some of our Web Services may contain links to third party websites and sources. Such links are provided for your information only. We have no control over, and accept no responsibility for, the content or accuracy of any information contained therein, or any loss or damage that may arise from your use of such information.
Information Displayed
You acknowledge and accept that the content and information is presented to you through our Web Services “as is.” We accept no responsibility for the content or accuracy of the information you provide to us, or that we collect from third parties, and present to you. We accept no responsibility for your use of our Web Services, including any modifications you may make to the configurations, settings, and provided information.To the extent permitted by law, we and affiliated third parties hereby disclaim:
- All conditions, warranties, and other Terms which might otherwise be implied by statute, common law, or the law of equity; and
- Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with the Web Services or in connection with their use, inability to use, or results of their use of the Web Services, any third party links, and any materials posted therein, including, without limitation, any liability for loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, or any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Without limiting the foregoing, in no event shall our aggregate liability for any claim arising out of or in connection with the Web Services exceed one hundred U.S. dollars ($100.00).
Indemnification
You agree to defend, indemnify, and hold us, our partners, employees, and agents harmless from and against any and all claims, damages, liability, settlement, attorneys’ fees and expenses arising from or connected with any information you submit, post, or transmit through the Web Services, your use or misuse of the Web Services, your violation of these Terms, or your violation of any rights of another person or entity.
Termination
We reserve the right to terminate your access to the Web Services or your account at any time for any reason including, without limitation, violation of applicable laws or breach of these Terms. You agree that any termination of your account may be effected without prior notice. You further acknowledge that we will not be liable to you for any termination of your access to or use of the Web Services.
Jurisdiction and Applied Law
These Terms and your use of the Web Services shall be governed by and construed in accordance with the laws of the State of Nevada without regard to the conflicts of laws provisions thereof and of applicable federal law of the United States. If any dispute arises under these Terms, the venue for such dispute will be in Nevada state or federal court, and you hereby irrevocably submit to the exclusive jurisdiction of such courts. Any judgment issued by a court or other tribunal may be enforced to the fullest extent of the law in the jurisdiction in which a party resides, is located, or owns assets.
Severability
In the event that any provision of these Terms shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Last update: May 5, 2021
Contact
Please contact us for questions or concerns: legal@kinectify.com
