KinectUs Terms of Use

(Last updated August 08, 2020)

Thank you for your interest in KinectUs. These Terms of Use, along with the KinectUs Privacy Policy, are referred to as the "Terms" and constitute a legal, binding agreement between you and KinectUs LLC ("KinectUs LLC" or "we" or "us"). By signing up for or using the KinectUs mobile app and associated web site and services ("KinectUs"), you agree to these Terms. Please read them carefully and if you desire, print or save a copy for your records. You may contact us at hello@kinectus.net if you have any questions about these Terms.

Acceptance of Terms

In order to use Kinectus, you must first agree to the Terms. You may not use KinectUs if you do not accept the Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE KINECTUS.

Users

You may not use KinectUs and may not accept the Terms if (a) you are under the age of 13, or (b) you are a person barred from using KinectUs under the laws of the United States or other countries including the country in which you are resident or from which you use KinectUs, or (c) we have barred you from KinectUs without permission to return. If you are under 18 years old, you may use KinectUs only with the approval of your parent or guardian. In addition, if you use KinectUs, you represent and warrant that you have never been convicted of a felony and are not required to register as a sex offender with any government entity.

English Language

The Terms are provided in English. If a translation is provided, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with KinectUs.

Use of KinectUs

You have the limited, non-exclusive, non-transferable right to use KinectUs solely for your personal, non-commercial purposes. KinectUs regularly changes and enhances its app and web site with the goal of providing the best possible experience for its users. You acknowledge and agree that we may change KinectUs from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing KinectUs, or any features within KinectUs, at KinectUs' sole discretion, with or without prior notice.

You may stop using KinectUs at any time. You do not need to specifically inform us when you stop using KinectUs. If you make no use of KinectUs for a substantial amount of time, we may in our discretion determine that you have stopped using KinectUs and terminate your account.

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing KinectUs, your account details or any information which relates your account.

We may set limits on your use of KinectUs, even if KinectUs does not currently have any such limits.

KinectUs Account

KinectUs may provide the ability to connect with Facebook™, LinkedIn™, and other social networking sites ("Social Networks") as an application or in other similar ways. If you allow this connection to occur, you authorize KinectUs to collect, store, retain and use information that you agreed the social networking site could provide to KinectUs through its application programming interface. By allowing us to access your Social Networks, you also acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Social Networks friends/connections who are common friends/connections with other KinectUs users in your network or location.

We may require you to provide information about yourself as part of the registration process for KinectUs and as part of your continued use of KinectUs. You represent and warrant that the user information you provide when using KinectUs is and will at all times be accurate, complete and up to date. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account or any features or benefits associated with your account to any other person or entity. You agree that you will not copy, sell, trade or resell KinectUs for any purpose. You agree and understand that you are responsible for maintaining the confidentiality of your user name and password associated with any account you use to access KinectUs. You are solely responsible to Kinectus for all activities that occur under your account. You should use particular caution to make sure that others are not able to view or record your password or other personal information.

If you become aware of any unauthorized use of your user name/password or of your account, or any other breach of security relating to KinectUs, you agree to notify us immediately at hello@kinectus.net.

Prohibited Activities

You agree to use KinectUs only for purposes that are permitted by (a) these Terms and (b) all applicable laws, regulations and generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of software to and from the United States and other countries). You represent and warrant that you will:

(a) Access KinectUs only through the interface that is provided by KinectUs. You specifically agree not to access (or attempt to access) any part of KinectUs through any automated means (including use of scrapers, scripts, robots, spiders, or web crawlers), or in any way circumvent the navigational structure or presentation of KinectUs;

(b) Not engage in any activity that interferes with or disrupts KinectUs or systems and networks supporting KinectUs;

(c) Not advertise or solicit any user to buy or sell any products or services through KinectUs. You may not transmit any chain letters, junk or spam communications to other users;

(c) Not use KinectUs for any phishing, trolling or similar activities; to redirect users to other sites or encourage users to visit certain web sites; harvest or collect email addresses or other contact information of other users from KinectUs by electronic or other means;

(d) Not provide or use tracking or monitoring functionality in connection with KinectUs;

(e) Not enter or attempt to enter unauthorized parts of KinectUs or any KinectUs computers or servers used to provide KinectUs, or perform functions that you are not authorized to perform hereunder;

(e) Not impersonate or attempt to impersonate a KinectUs employee, administrator or moderator, another user, or any other person or entity; and You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which KinectUs may suffer) of any such breach.

Interactions with Other Users

You are solely responsible for, and assume all liability regarding, your online and offline interactions with other KinectUs users. You should always act cautiously when interacting with any stranger who wants to meet you.

KINECTUS MAY BUT IS UNDER NO REQUIREMENT TO SCREEN OR INQUIRE ABOUT THE BACKGROUND OF ANY OF ITS USERS. TO THE EXTENT THAT KINECTUS UNDERTAKES ANY BACKGROUND SCREENING OR INQUIRIES OF USERS, YOU ACKNOWLEDGE AND AGREE THAT KINECTUS MAKES NO REPRESENTATONS, WARRANTIES OR GUARANTEES AS TO THE EFFECTIVENESS OF SUCH SCREENINGS OR THE CONDUCT OF ANY OF ITS USERS. KINECTUS DISCLAIMS ALL LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS OR CONDUCT OF ITS USERS.

We reserve the right, but have no obligation, to become involved in disputes between you and other users and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary or appropriate to maintain KinectUs or to enforce the terms of this Agreement.

Privacy

For information about our data protection practices, please read our Privacy Policy. This policy explains how KinectUs treats your personal information and protects your privacy when you use KinectUs. You agree to the use of your data in accordance with our Privacy Policy.

Content

The term "Content" as used in the Terms means all information (including but not limited to text, sound, images, videos, and web links) which may be accessed or used in connection with KinectUs, including but not limited through messages and in your profile. You are solely responsible for all Content that you contribute, post, transmit or otherwise make available through KinectUs.

You understand that by using KinectUs you may be exposed to Content that you find inaccurate, offensive, indecent or objectionable, or that otherwise violates these Terms, and that, in this respect, you use KinectUs and all such Content at your own risk. KinectUs does not adopt, endorse, or accept responsibility for any opinion, advice, or statement made by any party using KinectUs. Under no circumstances will KinectUs or its affiliates be liable for any loss or damage resulting from your reliance on Content posted on KinectUs or transmitted to or by any users.

You represent and warrant that the Content uploaded, e-mailed, posted or otherwise provided by you to KinectUs or any other user in connection with KinectUs:

(a) Is owned by you, or you have the full right to provide the Content to KinectUs;

(b) Does not infringe or misappropriate any copyright, trademark, trade secret or other intellectual property right of any third party;

(c) Does not violate any person's right of privacy or publicity;

(d) Does not contain any obscene, pornographic, harassing, abusive, defamatory, harmful, profane, offensive, threatening, violent, sexist, racist or illegal material;

(e) Does not contain any viruses, time bombs, Trojan horses, cancelbots, worms, spyware, adware or other harmful or disruptive computer code or files;

(f) Does not include junk mail, chain letters, spam, or advertisements for commercial activities of any kind, including but not limited to contests, sweepstakes, barter,

advertising, and pyramid schemes; and

(g) Does not promote illegal conduct of any kind, including by providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files.

(h) Is accurate and complete. All photos posted to your profile are of you and were taken within the last 3 years, and you agree to update your profile accordingly. KinectUs reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from KinectUs. KinectUs may use software to do this. In addition, commercially available services and software may be used to limit access to material that may be objectionable. You are solely responsible for maintaining backup copies of your Content.

Proprietary Rights of Kinectus

You acknowledge and agree that Kinectus LLC and its licensors own and retain all right, title and interest in and to KinectuUs, including all intellectual property rights associated with KinectUs. Except for information that is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any information, materials, or software associated with KinectUs.

Nothing in the Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within KinectUs. You agree that in using KinectUs, you will not use any trademark (including any logo) of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks or logos.

You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software associated with KinectUs ("Software") or any part thereof, unless this is expressly required by law, or unless you have been specifically told that you may do so by Kinectus, in writing. Unless KinectUs has given you specific written permission to do so, you may not transfer or assign your rights to use KinectUs.

Content License to Kinectus

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, KinectUs. By submitting, posting or displaying such Content, you give KinectUs LLC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through KinectUs. This license is for the purpose of enabling us to provide, distribute and promote KinectUs.

You understand and agree that KinectUs LLC, in performing the required technical steps to provide KinectUs to its users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.

Termination

The Terms will continue to apply until terminated as set out here.

KinectUs LLC may, at any time, terminate or suspend the Terms and Kinectus with you if:

(a) You breach any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with, the provisions of the Terms); or

(b) We are required to do so by law (for example, where the provision of KinectUs to you is, or becomes, unlawful); or

(c) We are transitioning to no longer providing KinectUs to users in the country in which you are resident or from which you use the service; or

(d) The provision of KinectUs to you is, in our opinion, no longer commercially viable. When these Terms end, all of the legal rights, obligations and liabilities that you and KinectUs LLC have benefited from, been subject to (or which have accrued over time while the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this termination, including injunctive remedies described in these Terms, shall continue to apply to such rights, obligations and liabilities indefinitely.

EXCLUSION OF WARRANTIES

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF KINECTUS IS AT YOUR SOLE RISK AND THAT KINECTUS IS PROVIDED "AS IS" AND "AS AVAILABLE." KINECTUS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

KINECTUS LLC, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF KINECTUS WILL MEET YOUR REQUIREMENTS OR PROVIDE YOU WITH ANY SPECIFIC RESULTS,

(B) YOUR USE OF KINECTUS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR

(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF KINECTUS WILL BE CORRECTED.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KINECTUS LLC, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY BODILY INJURY, EMOTIONAL DISTRESS, DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF KINECTUS OR PERSONS YOU MEET THROUGH KINECTUS, LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON KINECTUS;

(C ) ANY CHANGES WE MAY MAKE TO KINECTUS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF KINECTUS (OR ANY FEATURES WITHIN KINECTUS);

(D) YOUR FAILURE TO PROVIDE KINECTUS WITH ACCURATE ACCOUNT INFORMATION; AND

(E) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET IN PERSON. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IN NO EVENT SHALL KINECTUS LLC BE LIABLE TO YOU IN AN AMOUNT EXCEEDING US $10.00. THE LIMITATIONS ON OUR LIABILITY TO YOU HEREIN SHALL APPLY WHETHER OR NOT KINECTUS LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You agree to indemnify, defend and hold KinectUs LLC and all of its officers, directors, owners, employees, agents, suppliers, affiliates, partners, and licensors (collectively, the "KinectUs Parties") harmless from and against any and all liability, damages, injuries, losses, costs, and expenses (including attorneys' fees) incurred by any KinectUs Party in connection with any claim, including, but not limited to, claims for personal injury or intellectual property infringement, arising out of: KinectUs reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Apple-Enabled Software Applications

KinectUs LLC offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product, in addition to the other terms set forth in these Terms, you acknowledge and agree that:

Access to Internet and Communications

You acknowledge and agree that you are responsible for obtaining your own access to required data/voice networks and that KinectUs does not provide such access or any related services. You acknowledge and agree that most information shared or communicated between you and KinectUs occurs in an unsecured environment, is not treated as confidential, and may be intercepted and read by others. KinectUs is not liable for any damages related to communications that take place in connection with KinectUs.

Copyright and trade mark policies

If you believe that any Content on KinectUs constitutes copyright infringement, please notify KinectUs immediately of the infringing Content and provide the following information:
Upon our receipt of a proper notice of claimed infringement, KinectUs will respond expeditiously to remove, or disable access to, the Content claimed to be infringing and will follow the procedures specified in the Digital Millennium Copyright Act ("DMCA") to resolve the claim between the notifying party and the alleged infringer who provided the Content at issue.

Advertisements

Some of KinectUs may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on your location, content, and/or preferences. The manner, mode and extent of advertising on KinectUs are subject to change without specific notice to you. In consideration for KinectUs LLC granting you access to and use of KinectUs, you agree that we may place such advertising on KinectUs.

Links

KinectUs may include links to web sites or other content or resources. KinectUs may have no control over any web sites or resources which are provided by companies or persons other than KinectUs. You acknowledge and agree that KinectUs is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that KinectUs is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Feedback

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information submitted to us relating to modifying or improving KinectUs ("Feedback"), whether solicited or unsolicited, are non-confidential and shall become our sole property. KinectUs may use Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. In the event your jurisdiction does not allow intellectual property rights to be transferred as described above, you grant to KinectUs a worldwide, non-exclusive, royalty-free, perpetual license for the use of Feedback, and in the event perpetual license terms are not allowed by law, the term shall be for the longest period as allowed by applicable law.

Special Provisions for International Use

Different countries have different laws and regulations. KinectUs makes no representations that the Content or KinectUs is appropriate or legally available for use in locations outside the United States. If you are accessing KinectUs from jurisdictions where the Content or KinectUs may be illegal, you are solely responsible for complying with all local laws regarding acceptable Content and KinectUs. By submitting any Content in connection with KinectUs, you understand and agree that by submitting such Content from your country and submitting it to Our servers in the United States.

Changes to the Terms

KinectUs may change the Terms from time to time. When these changes are made, KinectUs will make a new copy of the Terms available on its web site and will use reasonable efforts to notify you.

You understand and agree that your use of KinectUs after the date on which the Terms have changed constitutes acceptance of the updated Terms.

Additional Terms

The Terms constitute the entire legal agreement between you and KinectUs LLC regarding KinectUs, and supersede and replace any prior agreements between you and KinectUs LLC in relation to KinectUs, including but not limited to any prior version of the Terms. Any FAQ's or similar documents found on our web site are for informational purposes only and are not deemed to be part of the Terms.

The failure of KinectUs LLC to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is held invalid, the remainder of the Terms will continue in full force and effect.

Both you and KinectUs LLC acknowledge and agree that no partnership, agency, joint venture, or employment relationship is formed between you and KinectUs by your use of KinectUs, and neither you nor KinectUs have the power or the authority to obligate or bind the other. You acknowledge and agree that no person or company shall be third party beneficiaries to the Terms, other than as expressly set forth herein.

The Terms, and your relationship with KinectUs LLC under the Terms, are governed by the laws of the State of Massachusetts without regard to its conflict of laws provisions. You agree that sole and exclusive jurisdiction and venue for any claim, cause of action or dispute arising out of or relating to these Terms or Kinectus shall be in a state or federal court in Boston, Massachusetts. Notwithstanding this, you agree that KinectUs shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

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