kin2kin Terms of Service
- Agreeing to the Terms
- Using the Service
- Mobile and Other Devices
- Service Usage
- User Content and Conduct
- Technology, Copyright, Trademark, Brands
- Social Media
- Modification to these Terms
- Your Warranty of Behaviour
- kin2kin Warranty Disclaimer and Limit of Liability
- Third Parties
- Termination of Usage
- Governing law
- Dispute Resolution
Agreeing to the Terms
If you are a minor under the age of 16, you can only use the service through a minor account, created and managed from your parent’s or guardian’s account.
If you are between the ages of 13 and 18, you represent that your parent or guardian has reviewed and agreed to you signing up to these Terms before you used the Service. If you don’t get your parent or guardian to read and agree to these Terms, you are not entitled to use the Service.
The Service is a safe, easy-to-use environment designed to create stronger direct relationships with those closest to you and your family. It is designed specifically to include and connect the younger and older generations.
Approved connections are unique to the individual, not set by a group. You (or your parent or guardian for minors) decide who has access to your personal page. Only these approved connections can see and respond to content submitted by you. Unlike a traditional group, with kin2kin, you can have two unconnected people with access to your personal page.
Using the Service
As long as you are complying with all of these Terms, kin2kin gives you permission to use the Service for your personal, non-commercial use.
We are constantly changing and improving the Service. We may add or remove functionalities or features, and we may suspend or stop a part of Service altogether, at any time. We may also stop providing Service to you, add or create new limits to the Service or restrict your access to all or a part of the Service at any time without notice or liability.
You can stop using the Service at any time by disabling you account.
You have no right to access and use the Service if you are in a jurisdiction where use of the Service is or may be prohibited.
There will be occasions when the Service is not available including, without limitation, for scheduled maintenance or upgrades, for emergency repairs or due to failure of telecommunications links and/or equipment. The Company does not warrant that the Service will be generally available or operate without any errors or defects.
Mobile and Other Devices
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
In the event you change or deactivate your mobile telephone number, it is your responsibility to update your account information on kin2kin to ensure that content is not sent to the person who acquires your old number.
You must establish an account in order to use the Service.
You are responsible for maintaining the confidentiality of your password and account details. You are responsible for any activity that occurs through your account. You agree to immediately notify the Company of any unauthorized use of your password or account or any other breach of security. You agree you will not sell, transfer, license or assign your account, followers, username, or any account rights to any other person.
You may not create an adult account for anyone other than yourself. Parents and guardians can created linked minor accounts for children under the age of 13 (“Minors”). You represent that all information you provide upon registration or at any other times is true, accurate, current and complete and you agree to update your information as necessary to maintain its truth, accuracy, currency and completeness. If you provide us with any information that is false, inaccurate, outdated or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we may suspend or terminate your account and/or your access to the Service.
User Content and Conduct
- As part of the Service, unless you are a minor and your parent or guardian has applied restrictions to your account, you will be provided the opportunity to post photos, text messages, video, audio and other content as permitted by the Service (collectively “User Content”).
- You acknowledge and agree that, if you are a parent or guardian and establish related minor accounts, any individual you have an approved connection with will have access to your related minor’s personal page. Your connections will also be able to share User Content with your related minor.
- Under no circumstances will the Company be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or for any loss or damage of any User Content or incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Service. THE COMPANY IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT.
- Though the Service is designed to be a safe place to share User Content, the Company cannot and does not guarantee that other users will not misuse the User Content that you share. If you have any User Content that you would like to keep confidential and/or do not want others to use do not post it to the Service. By using kin2kin you agree to the guidelines as detailed in point 5.
- kin2kin expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. kin2kin reserves the right to investigate and take appropriate legal action against anyone who, in kin2kin’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that: is defamatory, abusive, obscene, profane or offensive; infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service); violates any party’s right of publicity or right of privacy; is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; promotes or encourages violence; is inaccurate, false or misleading in any way; is illegal or promotes any illegal activities; promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; contains “masked” profanity (i.e., F*@&#); contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Nothing in these Terms will serve to transfer ownership of the Content or the Intellectual Property rights therein to kin2kin. You hereby grant to kin2kin:
- a non-exclusive, worldwide, perpetual, irrevocable licence for kin2kin to use your Content solely to provide the Service; and
- the right to grant to your Connected Users sub-licences in respect of your Content on the terms set out in clause 6.3
- kin2kin grants you a non-exclusive, worldwide, perpetual, irrevocable licence to view the Content made available to you by your Connected Users. For the express avoidance of doubt, you shall make no other use of another User’s Content except with the express written consent of the User who owns such Content.
- If you feel that any Content made available by another User is objectionable, please contact kin2kin using the contact details set out on the App. kin2kin shall use its reasonable endeavors to review the relevant Content as soon as is practicable and shall take such action as it deems necessary, if any at all.
- You shall not use any cheats, exploits or hacks or any other unauthorised third party software designed to modify or interfere with the Service.
- You further agree that at all times, you shall:
- Not use your Login Details with the intent of impersonating another person;
- Not allow any other person to use your Login Details.
- You represent and warrant that you own the User Content posted by you on or through the Service and that the posting of your User Content on or through the Service and the use of the User Content in accordance with these Terms does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person. You agree to indemnify the Company for any loss, damage or cost incurred by the Company because of any warranty given by you under this paragraph is untrue.
- You agree that you will not rely on the Service for the purposes of User Content backup or storage. kin2kin will not be liable to you for any loss of any User Content.
- We reserve the right to remove any User Content from the Service for any reason, without prior notice. User Content removed from the Service may or may not continue to be stored by us, including, without limitation, in order to comply with certain legal obligations.
- You understand that by using the Service, you may be exposed to User Content created by others that is offensive, indecent or objectionable as detailed in point 5. You also acknowledge that, if you are a parent or guardian and create an account for a Minor, that Minor may be exposed to User Content that is offensive, indecent or objectionable. The Company does not endorse or have control over what is posted as User Content. User Content is not reviewed by the Company prior to posting and does not reflect the opinions or policies of the Company. The Company makes no representations or warranties, express or implied as to the User Content or the appropriateness, accuracy and reliability of the User Content or any other material or information that you may access through the Service.
- Parents should use appropriate parental discretion in determining whether to grant authorization to Minors to access the Service.
You may be provided the opportunity to submit feedback using forms on the Service. Any comments, suggestions, or feedback relating to the Service (collectively “Feedback”) submitted to the Company shall become the property of the Company. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.
Technology, Copyright, Trademark, Brands
The Service and the kin2kin Technology are intended solely for the personal, non-commercial use of our users and may only be used in accordance with these Terms.
“kin2kin Technology” means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including kin2kin proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and “look and feel” of the Service, and all other intellectual property, including all kin2kin Marks.
“kin2kin Marks” means the trademarks, service marks, logos, or any other trade name, trademarks, service marks and other distinctive or proprietary brand features of kin2kin.
kin2kin Technology is protected by copyright and other intellectual property laws. You are not allowed to use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the kin2kin Technology for any purposes other than as expressly permitted under these Terms. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any kin2kin Technology.
Using the Service does not give you ownership of any intellectual property rights in the Service or the kin2kin Technology. You may not use content from our Service, including User Content, unless you obtain permission from its owner or are otherwise permitted by law.
The Company may, now or in the future, incorporate certain functions that allow you to interact with the Service through your accounts on supported third party services, such as social networks or network storage sites (“Linked Accounts”), such as with “Like” and “Share” buttons, or similar features. If you choose to use such features, you grant Company permission to access and use your Linked Accounts for the purpose of processing your requests. Your use of Linked Accounts is subject to the applicable third party terms.
Modification to these Terms
We may, in our sole discretion, modify these Terms at any time by publishing the updated Terms on the Service. By continuing to access and use the Service after these Terms have been modified, you are agreeing to such modifications. You should review the most recent version of these Terms prior to each use of the Service.
You expressly agree that, as part of the Service, you may receive communications by push notification and/or email, including promotional communications from time to time. You may stop receiving promotional alerts via email by emailing your request to opt-out, along with your cell phone number, to email@example.com or by disabling push notifications on your mobile device. You may not opt out of service-related emails.
Your Warranty of Behaviour
We do our best to keep the Service safe, but we cannot guarantee it. We need your help to keep the Service safe, which includes the following commitments by you when using our Service:
- You will not use any other person’s User Content outside the Service, including publishing any User Content on any other website or application or sharing any User Content with any other person.
- You must not attempt to obtain any other person’s contact details through the Service, or use any information or other details obtained through the Service to contact any person outside the Service.
- You will only use the Service as permitted by law, including applicable export or re-export control laws and regulations.
- You will not post unauthorized commercial communications (such as spam or advertisements) on or through the Service.
- You will not collect other users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You will not upload viruses or other malicious code, files or programs to the service .
- You will not collect, solicit or otherwise obtain login information of any other user or access an account belonging to someone else.
- You will not collect, use or disclose data, including personal information, about other users without their consent (or, in the case of minors, without their parent’s or guardian’s consent) or for any unlawful purpose or in violation of applicable law or regulations.
- You will not bully, intimidate, or harass any user or use the Service in any manner that is threatening, abusive, violent, or harmful to any person or entity.
- You will not post content or messages that are harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable in our opinion.
- You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory.
- You will not do anything that could disable, overburden or impair the proper working or appearance of the Service or prevent other users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
- You will not impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- You will not infringe, violate or misappropriate another’s intellectual property rights, rights of publicity or privacy, or other rights.
- You will not violate any applicable international, national, federal, state or local law, statute, ordinance or regulation or use the Service in a manner which would render Company in violation of any applicable law or regulation, including without limitation COPPA.
- You will not facilitate or encourage any violations of these Terms.
- If you violate any of the above we may suspend or terminate your account or your right to access or use the Service.
kin2kin Warranty Disclaimer and Limit of Liability
DISCLAIMER OF WARRANTIES. THE SERVICE (AND ANY ASSOCIATED CONTENT OR SOFTWARE) ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE kin2kin TECHNOLOGY, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF APPROPRIATENESS, QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, kin2kin MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL THE COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DEFAMATION, BREACH OF PRIVACY, DAMAGE TO REPUTATION, LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THESE TERMS; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICE, CONTENT, OR USER CONTENT; (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS; OR (iv) ANY USER CONTENT.
IF THE ABOVE EXCLUSION OF LIABILITY IS NOT EFFECTIVE FOR ANY REASON, IN NO EVENT WILL THE COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY LOSS OR DAMAGES SUFFERED OR INCURRED IN EXCESS OF THE GREATER OF AN AMOUNT EQUAL TO ANY FEES YOU HAVE ACTUALLY PAID TO COMPANY FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).
THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITS OF LIABILITY ONLY APPLY TO THE EXTENT PERMITTED BY LAW.
You will indemnify, defend, and hold Company, its parents, partners, subsidiaries, affiliates, officers, and employees harmless from and against all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys’ fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service, (ii) your violation of these Terms (including any failure to obtain or provide any necessary consent and/or violation of applicable laws or regulations), (iii) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including in connection with your User Content or (iv) any User Content submitted by you or by any minor linked to your account.
The Service may contain links to third party websites that are not owned or controlled by the Company, and includes features that allow you to interact and communicate with third parties. When you access third party websites or interact or communicate with third parties through the Service, you do so at your own risk. The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites, or which are posted to or through the Service by other users.
The Company is not responsible for the actions, content, information or data of other third parties, including other users. You are solely responsible for your interactions with other users of the Service, and any other parties with whom you interact through the Service.
Termination of Usage
Upon any termination of your account or your right to use the Service by us (i) you must promptly uninstall the Application, (ii) all achievements, virtual items and/or virtual currency that you have acquired may, in our sole discretion, be terminated and forfeited and (iii) any fees paid hereunder are non-refundable.
You and the Company agree that these Terms are governed by the laws of New Zealand.
- You and the Company agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort (including negligence), statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after your use of the Service. You understand and agree that, by entering into these Terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
- Notwithstanding subsection 1 above, you agree that nothing herein shall be deemed to waive, preclude, or otherwise limit our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
- A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or courier (signature required), or in the event that we do not have a physical address on file for you, by electronic mail (“Notice”). Company’s address for Notice is: Upstairs Office 145 Ardmore St, Wanaka New Zealand.
- The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but If we do not reach an agreement to do so within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding.
- Any arbitration hearings will take place in Christchurch, New Zealand under the Arbitration Act 1996 (NZ).
- You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.