Kinjo Terms of Service
Last Updated: November 3, 2021
PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT. PLEASE REVIEW THE ARBITRATION AGREEMENT CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
I. Authorized Use
Your log-in credentials and user account details may not be shared with or used by anyone other than you to access and/or use the Services. It is your responsibility to safeguard your login and password credentials and immediately notify us of any unauthorized use or breach of security. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Services with your user account. We have no liability or responsibility for any use of your user account caused by unauthorized access to or fraudulent attacks on the Services or Kinjo generally.
For the avoidance of doubt, access to the Services does not give you any ownership right to any part of the Services. The Services are the sole property of Kinjo.
II. Acceptable Use
By using the Services, you agree to:
- Comply with all applicable laws including, but not limited to, all international, federal, state and local laws, statutes, regulations, rules, executive orders, supervisory requirements, permitting or licensing requirements, export requirements, directives, circulars, opinions, decrees, interpretive letters, guidance or other official releases of or by any government, any authority, department or agency thereof, or any regulatory or self-regulatory organization.
- Be responsible for your use of and communications and content you upload, post to, or transmit through the Services.
- Upload, post to, or transmit through the Services only content and data that does not violate the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity.
- Use commercially reasonable efforts to prevent unauthorized access to or use of the Services.
- Keep passwords and other log-in information confidential.
- Promptly notify Kinjo if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of log-in information.
By using the Services, you agree NOT to:
- Upload, post to or transmit through the Services any unlawful, infringing, fraudulent, intentionally misleading, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, discriminatory, hateful, harmful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national, or international law.
- Permit any third party to use your username or password to access the Services.
- Use the Services in any manner that interferes with the normal operation of the Services or with any other user’s use or enjoyment of the Services (as determined by us in our sole discretion) including, but not limited to:
- uploading to, or transmitting from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Kinjo or any third party;
- accessing, tampering with, or using non-public areas of the Services, Kinjo computer systems and technical delivery systems;
- using any device, software, routine, or taking any other action that may interfere with the working of the Services or any Kinjo system;
- monitoring or crawling of the Services or Kinjo systems in a manner that impairs or disrupts the Services or systems; or
- probing, scanning, or testing the vulnerability of any system or network or breach or circumventing any security or authentication measures or system restrictions.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose including, but not limited to, monitoring or copying any data, information, or content from the Services or Kinjo system.
- Attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity or performance of the Services (including any mechanism used to restrict or control the functionality of the Service).
- Access the Services in order to build a similar or competitive product or service or copy any content, ideas, features, functions, or user interfaces of the Services.
- Use the Services in any manner that may harm minors.
- Use the Services to send unsolicited communications, promotions, advertisements, or spam or send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing.”
- Sublicense, resell, time share or similarly exploit the Services.
- Use contact information or other user information obtained from the Services (including, but not limited to, email addresses) to contact users outside of the Services without their permission or authority or to create or distribute mailing lists or other collections of contact or user information for users outside of the Services.
- Impersonate Kinjo, a Kinjo employee, another user, or any other person or entity (including, without limitation, an email address associated with the foregoing).
We reserve the right, but do not assume the obligation, to investigate any misuse of the Services. We may remove, disable access to, or modify any content or resource that violates these Terms or the spirit and intent of these Terms. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate user information. Where legally obligated to do so, we shall cooperate with any law enforcement or regulatory investigation and/or proceeding relating to your use of or access to the Services.
III. Your Information
IV. Intellectual Property
You acknowledge that the Services, and Kinjo’s designs, trademarks, service marks, logos (the “Marks”), graphics, text, sounds, pictures, and other files and the selection, and arrangement thereof, (collectively the “Materials”) are the property of Kinjo and are subject to and protected by applicable intellectual property laws and rights. All rights to the Services and the Materials not expressly granted in these Terms are reserved to their respective copyright owners. Any use of the Services or the Materials must keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms, you may not copy, modify, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use the Services or any of the Materials in any form or by any means without our prior written authorization. Kinjo Learning Marks contained or described in the Services or any of the Materials are the sole property of Kinjo and may not be copied, altered or otherwise used, in whole or in part, without our prior written authorization. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.
You may not support or allow any third party to access, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble, or reverse engineer any Services or the Materials for any purpose whatsoever.
You may provide suggestions, enhancement requests, recommendations, or other feedback to Kinjo concerning the functionality and performance of the Services (“Feedback”) from time to time. You hereby assign and agree to assign all of your right, title, and interest in and to such Feedback to Kinjo. To the extent that the foregoing assignment is ineffective for whatever reason, you hereby grant and agree to grant to Kinjo a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.
Your authorization to access and use the Services will commence upon your acceptance of these Terms and will remain in effect until your access to the Services has been terminated by you or by Kinjo. We may suspend your access to the Services for any reason or for no reason at our discretion without prior advance notice. Upon termination of these Terms all of your rights under these Terms shall immediately terminate.
Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Feedback,” “Indemnification and Limitation of Liability,” “Arbitration,” and “Applicable Law & Jurisdiction” sections of these Terms. You agree that we shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Services or your access to/ability to use the Services.
Your access to and/or use of the Services may be suspended for the duration of any unanticipated, unscheduled, or scheduled downtime or unavailability of any portion or all of the Services for any reason, including as a result of power outages, system failures, in the event of a denial of service attack or other attack on the Services or other event that we determine, in our sole discretion, may create a risk to the Services, to you or any of our other users or customers if not suspended, or other interruptions. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any such suspension of service.
VIII. Third-Party Sites
Any links to third-party websites within the Services are provided only as a convenience to you. If you use these links, you will leave the Services. We do not control or endorse any third-party websites. You agree that we will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such links or websites. You will use these links at your own risk. You are advised that other websites, including third-party websites linked from the Services may contain material or information that you may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. You should carefully review any third-party’s policies and practices to make sure you understand them before you access that third-party’s website or engage in any transaction with any third-party. Any complaints, claims, concerns, or questions regarding third-party websites, products, or services should be directed to the third-party. Kinjo expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services that appear on any third-party website.
You may have the option to receive push notifications and messages related to your use of the Services including, but not limited to, notifications of new gameplay, new insights, new content, and reminder notifications that you have set within the system. Any and all notifications/messages sent or received through the Services are subject to these Terms, including the mandatory arbitration provisions below. We are not responsible and will not be held liable for delayed or undelivered notifications/messages. You can opt out from receiving notifications/messages by changing your communication preferences in the Notification Settings within your mobile device.
X. Mobile Application
In order to use the Kinjo mobile application (the “Mobile Application”), you must have a compatible device to which the Mobile Application is downloaded (“Device”). By downloading the Mobile Application, you confirm that you either own the Device or, if not owned by you, you have obtained permission from the owner to install and use the Mobile Application on such Device. You accept responsibility for any use of the Mobile Application whether or not the Device is owned by you.
XI. Representations and Warranties
You represent and warrant:
- that you are solely responsible for your use of the Services and/or the Materials, including, without limitation, the accuracy, appropriateness, and completeness of your Content as well as any use of your user account, whether authorized by you or not;
- that you have the necessary rights and licenses, consents, permissions, waivers and releases to use and display your Content;
- that your Content (a) does not violate, misappropriate, or infringe any rights of Kinjo or any third-party; (b) does not constitute defamation, invasion of privacy or publicity, or otherwise violate any rights or any third-party; or (c) is not designed for use in any illegal activity or promote illegal activities including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegal or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age; and
- that you will abide by all applicable local, state, national, foreign and international laws and regulations applicable to your access and use of the Services and the Materials.
XII. Indemnification and Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR ACCESS TO AND USE OF THE SERVICES AND THE MATERIALS IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO COMMITMENT TO ANY FUTURE FUNCTIONALITY OR FEATURES. YOU ACKNOWLEDGE YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, KINJO, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “KINJO PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE KINJO LEARNING PARTIES MAKE NO WARRANTY THAT: (I) THE SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES OR THE MATERIALS WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) EXCEPT AS IN ACCORDANCE WITH APPLICABLE LAW, ANY ERRORS IN THE SERVICES OR THE MATERIALS WILL BE CORRECTED.
IN NO EVENT WILL THE KINJO PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR IN ABILITY TO USE, THE SERVICES OR THE MATERIALS, OR ANY CONTENT THEREON, INCLUDING FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO OR ARISING FROM THE SERVICES OR THE MATERIALS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND MAXIMUM LIABILITY OF THE KINJO PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO (AT KINJO’S OPTION) A PRO-RATA REFUND OF THE PRE-PAID FEES FOR YOUR ACCOUNT COVERING THE REMAINDER OF THE TERM OR TWENTY DOLLARS ($20) IN THE AGGREGATE. NO ACTION ARISING OUT OF THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES OR THE MATERIALS, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE). THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW AND DOES NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Notwithstanding the foregoing, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or violation of any intellectual property. Such proceedings shall be brought in the federal or state courts in Austin, Texas.
This provision shall not apply to users in countries that require agreements to be governed by the local laws of the user’s country.
XIV. Applicable Law and Jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the State of Texas. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause above.
XV. Force Majeure
Neither party will be liable for any failure or delay in its performance under these Terms due to any cause beyond its reasonable control, including acts of war, acts of God, terrorism, earthquake, flood, embargo, riot, sabotage, pandemic, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or omissions of Company), provided that the delayed party: (i) gives the other party prompt notice of such cause, and (ii) uses its reasonable commercial efforts to promptly correct such failure or delay in performance.
All notices under the Terms will be by email. Notices to Kinjo should be sent to: firstname.lastname@example.org. A notice will be deemed to have been duly given the day after it is sent. You agree that all notices we provide to you via email satisfy any legal requirement that such notices be in writing or be delivered in a particular manner.
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms or applicable law, you may reach us at email@example.com.