Terms
User
Agreement
KindiBOX
Multimedia, having its office at Flat
no:37, Kopri Colony, Behind Anand Cinema, Thane, Company
Registration with MSME (“KindiBOX”, “we”, “us” or “our”), owns and operates
‘over the top” on demand digital services under the brand name “KindiBOX”, one
of the fastest growing on demand streaming services in India (the
“Service(s)”). The Services are made available by way of website 'www.kindibox.in'
along with associated mobile sites, applications and other variants.
This
user agreement (“User Agreement”) shall be read in conjunction and together
with the Privacy Policy forms an integral part of the User Agreement between KindiBOX
and you (“User”, “You” or “Your”) in relation to Your access to and use of the
Services. For the purposes of this User Agreement, the Service shall also mean
and include the Subscription Service (as defined hereunder), if opted by User.
User
Agreement shall be considered as an “electronic records” as read and construed
under Electronic Transaction Act, 2010 of Singapore and amendment thereof or as
construed under equivalent local law of Your jurisdiction and rules thereunder
as applicable. This User Agreement is generated by a computer system and does
not require any physical or digital signatures.
User
Agreement is a legal and binding agreement between the User of the Service and KindiBOX
and states the terms that govern Your use and access of the Service. By
accessing this Service, You consent, agree and undertake to abide, be bound by
and adhere to the User Agreement and if You do not agree to these User
Agreement, You should not access or use the Service or review the User
Agreement from time-to-time. We reserve the right, at our sole discretion, to
change, modify or otherwise alter these User Agreement at any time without
prior notice. Such changes and/or modifications shall become effective
immediately upon being posted/published on the Service herein. Your continued
use of the Service following the posting of changes and/or modifications shall
constitute Your acceptance of any revised User Agreement. We retain the right
at any time to deny or suspend access to all or part of the Services to anyone
who we believe will violate or has violated any of the terms of the User
Agreement.
1.
Terms of Use
User
Agreement governs Your access of the Services and any features, branding, data,
message, text, image, photographs, graphics, audio, sound, voice, codes,
computer programmes, software, database, service information, any form of
content (series, movies, sports, games etc.) as well as the interactive
elements/features etc. that you utilize and host, publish, share, transact,
display, upload and/or engage with in course of accessing and using the
Services.
Service
is offered and made available only to Users above the age of 18 years. By
accessing and using the Services, you agree to Age Suitability Terms. access to
and use of the Services is conditioned on your acceptance of and compliance
with the User Agreement with Age Suitability Terms Privacy Policy. accessing or
using the Services you agree to be bound by the User Agreement. may also use
YouTube API Services/SDK or any third party API services/SDK in some of our
products as permitted under the terms of YouTube policies, that means if you
are using a KindiBOX's service which makes use of YouTube APIs/SDK or any third
party API/SDK services, then you are agreeing to the YouTube Terms of
Service/Use or such or any third party Terms of Service/Use as well followed by
this User Agreement. Please note that YouTube or third party Terms of
Service/Use, inter alia, clearly requires the user to ensure that any content
so uploaded does not infringe the intellectual property rights of third
parties.
2.
Service Usage Terms
You
must access and use the Services only if You can form a binding contract with KindiBOX
and are not a person barred from receiving services under the laws of Singapore
or other applicable jurisdiction. If You are accepting these terms of User
Agreement and using the Services on behalf of a company, organization,
government, or other legal entity, You represent and warrant that You are
authorized to do so. You may use the Services only in compliance with the User
Agreement, Age Suitability Terms Privacy Policy, all applicable local, state,
national, and international laws, rules and regulations.
Services
offered to You are always evolving and the form and nature of the Services may
change from time to time without prior notice to You. In addition, KindiBOX may
stop (permanently or temporarily) providing the Services (or any features
within the Services) to You without any prior notice. We also retain the right
to create limits on use and storage at our sole discretion at any time without
prior notice to You.
To
facilitate Your access and viewership, the Service can be packaged by KindiBOX
through different models such as the Services may be accessible (a) free of
charge which may include advertisements or commercials or (b) via subscription
through payment of a subscription fee or (c) a pay-per-view model with or
without advertisements/commercials or (d) with a combination of the foregoing
on the Service.
Service
can be availed through platforms, software and devices, which KindiBOX approves
from time to time, the current list for which is as set out below
("Compatible Source"). In some cases, whether a device is (or
remains) a Compatible Source may depend on software or platform provided or
maintained by the device manufacturer or other third parties. As a result,
devices that are Compatible Source at one time may cease to be Compatible
Source in the future.
Services
may include interest-based ads which are online ads that are tailored to Your
likely interests based on Your use of various apps and websites across the
Internet. If You are using a browser, then cookies and web beacons can be used
to collect information to help determine Your likely interests. If You are
using a mobile device, tablet, or streaming media device that includes an
advertising identifier, then that identifier can be used to help determine Your
likely interests. The types and extent of advertising by KindiBOX on the
Services are subject to change. In consideration for KindiBOX granting You
access to and use of the Services, You agree that KindiBOX and its parent
company, third party providers and partners may place such advertising on the
Services or in connection with the display of any Content (defined hereunder)
or information from the Services whether submitted by You, us or third parties.
3.
Service Content, Third Party Content and User Content on the Services
In
addition to the content branded as KindiBOX Originals and other content
(including gaming content [if any] ) fully owned by KindiBOX (collectively
“Service Content”), we also host and transmit/distribute third party content
(including advertisements) as provided by content
owner/licensor/producer/aggregator/distributor on "as is" basis
without any modification or involvement in creation of such third party content
("Third Party Content") (hereinafter “Service Content” and Third Party
Content” shall be collectively referred to as “Content”). We also allow Users
to post/upload their content whilst using and accessing the Services through
interactive elements and features made available on the Services ( “User
Content”) (hereinafter “Third Party Content” and “User Content” shall be
collectively referred to as “Non-Service Content”). Therefore, for such
Non-Service Content, KindiBOX acts purely as an "Intermediary" as
read and construed under Electronic Transaction Act, 2010 of Singapore or any
relevant laws of Singapore or as construed under equivalent local laws of Your
jurisdiction and rules thereunder as applicable. KindiBOX expressly exclude any
kind of liability relating to Non-Service Content. Being an “Intermediary”, KindiBOX
has no responsibility and / or liability in respect of any Non-Service Content
on the Services, including without limitations, for intellectual property
rights infringement, defamation, illegal content or any other violation under
applicable law. All Non-Service Content, which is hosted and transmitted on the
Services, is the sole responsibility of the person who is
providing/originating/publishing/posting it whether on the Services or in other
platforms (which permits KindiBOX to carry content of such platform API
embedding mechanism).
Content
(subject to available rights) will be made available to You through different
modes, at the discretion of KindiBOX, including via video on demand basis for
viewing at the User's discretion at a time chosen by You and download for
offline viewing by You. For downloading any Content, please note that: (a) the
downloads are temporary in order to allow You to view the Content within a
specified period of time and You shall not attempt to or actually make a
permanent copy of the Content in any manner or form, and (b) not every Content
may be available for download for offline viewing. Please note that the
availability of, and Your ability to access, the Content or some part of
Services, (a) is subject to our sole discretion and (b) may be dependent upon
Your geographical location and (c) is on the condition that not all Content or
Services will be available to all User(s). On account of the nature of the
Internet, the Services may also be accessed in various geographical locations;
and You hereby agree and acknowledge that You are accessing the Services, at
Your own risk, choice and initiative and You agree and undertake to ensure that
Your use of the Services complies with all applicable laws including the local
laws in Your jurisdiction. Further, the Services and Content may vary from
place to place, time to time and device to device and would be subject to
various parameters such as specifications, device, Internet availability and
speed, bandwidth, etc. You agree and acknowledge that KindiBOX may monitor or
use certain technologies for monitoring of Your activities for the purpose of
giving You better user experience or improvise the Service in accordance with
our Privacy Policy.
KindiBOX
may categorize and classify certain Content and provide disclaimers with
respect to the Content, for viewers to choose such content for viewing. Some
content offered on the Service may not be suitable for some users and therefore
user’s discretion is advised. Also, some Content offered on the Services may
not be appropriate for viewership by children. Parents and/or legal guardians
are advised to comply with applicable laws and exercise discretion before
allowing their children and/or wards to access Content on the Service. Please
refer to our Age Suitability Policy this extent as applicable to You if You use
and access the Service.
KindiBOX
does not pre-screen the Non-Service Content and has no obligation to monitor
any Non-Service Content. Therefore, KindiBOX may not always have actual or
specific knowledge of any Non-Service Content on the Services. However, KindiBOX
at its discretion and in accordance with applicable law may monitor any
Non-Service Content and may remove any Non-Service Content from the Services if
KindiBOX determines in its sole discretion that such Non-Service Content is in
violation of this User Agreement or any applicable law. KindiBOX, at its
discretion, may review the Non-Service Content when, and only when, complaints
are received from You or any third party. Such actions do not in any manner
negate or dilute our position as an “Intermediary” or impose any liability on KindiBOX
with respect to Non-Service Content. Any use or reliance on any Non-Service
Content or materials posted via the Services or obtained by You through the
Services is at Your own risk.
You
are responsible for any User Content You post to the Services, and for any
consequences thereof. The User Content You submit, post, or display will be
able to be viewed by other users of the Services and through third party
services and websites. You should only provide User Content which You fully own
or have all the permissions/licenses and that You are comfortable sharing such
User Content with others under the User Agreement.
do
not endorse, support, represent or guarantee the completeness, truthfulness,
accuracy, or reliability of any Non-Service Content or communications posted
via the Services or endorse any opinions expressed via the Services. You
understand that by using the Services, You may be exposed to Non-Service
Content that might be offensive, harmful, inaccurate or otherwise inappropriate,
or in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will KindiBOX be liable in any way for any
Non-Service Content, including, but not limited to, any errors or omissions in
any Non-Service Content, or any loss or damage of any kind incurred as a result
of the use of any Non-Service Content posted, emailed, transmitted or otherwise
made available via the Services or broadcast elsewhere.
4.
Subscription Services
Some
of the Content under the premium category marked with KINDIBOX Original logo or
other marks can be availed only by Users who have opted for any specific
subscription plan as offered on the Service, from time to time
("Subscription User").
We
may offer different kinds of subscription plans (daily, monthly quarterly, half
yearly, yearly or any other period as offered on the Service) each of these
subscription plans will be subject to different limitations and restrictions,
the cost and/or period of each of these subscription plans may vary (each as
“Subscription Plan”). No freemium and/or free trial period shall be provided
for subscribing the Subscription Plan and even after subscribing to the
Subscription Plan unless otherwise offered by KindiBOX at its sole discretion.
We
shall have the discretion to make certain Content that is a part of the
subscription available to You on more than one end user compatible system
concurrently. We shall also have the discretion to make certain Content whether
forms a part of any subscription plan or otherwise, available to You under one
Account and more than one device concurrently.
To
become a Subscription User, You will be required to create an account by
logging in either through FB, Apple Sign in and phone number Some of this
information might need to be verified by You to proceed further through
one-time-passwords or account activation links. You should at all times while
accessing/using the Service (i) be a registered subscriber of KindiBOX; (ii)
hold a valid Account (as defined above) with KindiBOX. If You have reason to
believe that Your Account details have been obtained by another without
consent, You should contact KindiBOX at one.support@kindibox.com immediately to
suspend Your Account and cancel any unauthorized subscription orders or
payments (if any) that may be pending. Please be aware that subscription orders
or payments (if any) can only be cancelled up until provision of Services has
commenced. In the event that an unauthorized provision commences prior to Your
notifying as required under this section of the unauthorized nature of the
order or payment, We will suspend provision of Services and the withdrawal of
any scheduled payments pending investigation. Following investigation, it shall
be determined at sole discretion of KindiBOX, whether or not to cancel the
Services and permit a full or partial refund of the payment for unauthorized
order or revalidate Your Account post reverification and revalidation.
5.
Subscription Fee And Subscription Term
After
successful creation of the Account, You will be required to pay a subscription
fee for accessing the Service in the territory where You reside, depending on
one or more of the subscription packages options as made available by KindiBOX
from time-to-time (“Subscription Fee”).
The
Subscription Fee specified for each Subscription plan are inclusive of
applicable taxes.
You
will be required to pay the Subscription Fee either to third party payment
gateways as available on KindiBOX or to the app store which allowed You to
download and access KindiBOX (as the case may be). On successful completion of
the payment to the Subscription Fee, Service subscribed by You will become
active and You will be granted access to the Service. In certain cases, post
completion of the payment of the Subscription Fee, Your Service activation may be
delayed due to operational and/or technical reasons.
The
subscription packages opted by You will be applicable for a specified period
(“Subscription Term”) which may be either on quarterly basis or yearly basis,
or as indicated on the KindiBOX, from the date You subscribed the Service.
Service shall remain active for the relevant Subscription Term.
You
can access the status of Your subscription anytime through the "Me"
section on Your profile page.
We
reserve the right to change, terminate or otherwise amend the subscription
packages and/or Subscription Fees and/or billing cycles at its sole discretion
and at any time. Such amendments shall be effective upon posting on the KindiBOX
and/or our website and Your continued use of the Service shall be deemed to be
Your conclusive acceptance of such amendments however revised Subscription Fee
shall only be applicable upon completion of the ongoing Subscription Term
already availed by the User.
In
case of revision in the Subscription Fee for a particular membership plan for
any extension or renewal period, KINDIBOX may give You an advance notice of
such revision whether by way of notification on the Service itself or through
Your registered e-mail or registered mobile number (as the case may be). Your
continued use of the Service post such notification upon commencement of
renewal or extension period, shall be construed as acceptance of the revised
Subscription Fees.
The
Subscription Fees billed are non-refundable irrespective of whether the Service
have been availed and/or consumed. Your subscription plan will continue to
remain active till the end of the Subscription Term, irrespective of when You
cancel the Service. In the event of any fraudulent transaction or erroneous
subscription, we may refund the Subscription Fee during the Subscription Term Then
Your subscription will be deactivated, and Your entitlement to access to
Subscription Service shall be revoked. Any changes in the subscription plan
opted by You is effective only after the expiry of the current Subscription
Term for which You have already been billed. Accordingly, the Service as per
revised plan opted by You shall be effective only after the expiry of the then
current Subscription Term.
Post
cancellation of Your subscription, if You wish to re-subscribe to the Service,
You may do so from Your "Account" page.
6.
Terms for Billing, Payment and Cancellation
The
Subscription Fee will be billed as per Your Selected Payment Method (defined
hereunder) for the subscription plan elected by You at the beginning of Your
Subscription Term and on each subsequent renewal automatically (as per the
subscription plan chosen by You) unless and until You cancel the Service, or
the Service is otherwise suspended or discontinued pursuant to these User
Agreement. To see the commencement date for Your next renewal period or to
cancel the Service, You need to visit the "Account" section on Your
profile page. It may take a few days for Your payment made to KINDIBOX to be
reflected in Your "Account" section. On cancellation of the Service,
You may be notified by KINDIBOX, at its sole discretion.
Payment
Method shall mean a current, valid accepted payment method and in this case
refers to in app purchases of Appstore. Other approved recurring payment
options and one-time payment options shall be updated from time to time without
any further notification.
You
will be billed automatically as per Your Payment Method as approved recurring
payment options for each Subscription Term as per Your Subscription plan.
However, if You change Your Subscription Plan, this could result in changing
the day on which You are billed and the amount which You are billed.
If
a payment is not successfully settled, due to expiration, insufficient funds,
or otherwise, You shall be able to access the Service only after You set up the
revised valid payment method and subject to receipt of the Subscription Fee by
us.
You
cannot change Your Payment Method during a particular Subscription Term. If
Your Selected Payment Method is no longer available or expires or Your Payment
Method fails for whatsoever reason, You will be responsible and liable for any
uncollected amounts and we reserve the right to terminate the subscription
offered to You.
You
also understand and acknowledge that in addition to payment facility provided
by the app store (from where the User downloaded and accessed the Service) we
may also facilitate the third-party payment gateway for processing of payments
towards Subscription Fee. The third-party payment gateway service provider will
require certain financial information including Your credit card /debit card or
other banking information. Other than providing a confirmation upon receipt of
payment against a membership account, we disclaim any and all liabilities in
relation to Your payment processing by such third-party payment gateway service
provider and the collection and processing of any information provided to party
payment gateway service provider. While using such payment gateways to make
payments to us, You will be abided by the terms and conditions and privacy
policies of such payment gateway service provider. You undertake to make
Yourself familiar with such terms and conditions and privacy policies of Your
respective payment gateway service provider before using such service and
making the necessary payment.
You
can file any complaint related to payment processing by writing to us directly
on one.support@KindiBOX.com and the same will be forwarded to the concerned
third party payment gateway provider for redressal.
Upon
payment through any of the Payment Method and confirmation of receipt of such
payment from the payment gateway provider, an electronic invoice may be made
available to You or accessible in Your Account section.
Any
payments made under the User Agreement are non-refundable, and we do not
provide refunds or credits for any partial-month subscription periods for any
and all reason except if You have reason to believe that Your Account details
have been obtained by another without consent, You should contact us at
one.support@Kindibox.com immediately to suspend Your Account and cancel any
unauthorized subscription orders or payments (if any) that may be pending.
Please be aware that subscription orders or payments (if any) can only be
cancelled up until provision of Services has commenced. In event an
unauthorized provision commences prior to Your notifying as required under this
clause of the unauthorized nature of the order or payment, we will suspend
provision of Services and the withdrawal of any scheduled payments pending
investigation. Following investigation, it shall be determined at the sole
discretion of KINDIBOX, whether or not to cancel the Services and permit a full
or partial refund of the payment for unauthorized order or revalidate Your
Account post reverification and revalidation.
7.
Privacy Terms
The
information that You provide to KindiBOX is subject to our Privacy Policy,
governs our collection and use of Your information. You understand that through
Your use of the Services You expressly consent to the collection and use (as
set forth in the Privacy Policy) of this information, including the transfer of
this information to Singapore or any other countries of the world for storage,
processing and use by KindiBOX. As part of providing You the Services, we may
need to provide You with certain communications, such as service announcements
and administrative messages. These communications are considered as part of the
Services and Your KindiBOX account (if applicable).
8.
Account Security
You
are responsible for safeguarding the password or credentials that You use to
access the Services and for any activities or actions under Your KindiBOX
account. We encourage You to use "strong" passwords (passwords that
use a combination of upper and lower-case letters, numbers and symbols) with
Your account and with other accounts that You may connect to Your KindiBOX
account (such as Your social media account or Your email). KindiBOX cannot and
will not be liable for any loss or damage arising from Your failure to comply
with the above requirements.
9.
User Content License
We
retain Your rights to any User Content You submit, post or display on or
through the Services. In order to make the Services available to You and other
users, KindiBOX needs a license from You. By submitting, posting or displaying
User Content on or through the Services, You grant us a worldwide,
non-exclusive, royalty-free license (with the right to sublicense) to use,
copy, reproduce, process, adapt, modify, publish, transmit, display and
distribute such User Content in any and all media or distribution methods (now
known or later developed).You agree that this license includes the right for KindiBOX
to provide, promote, and improve the Services and to make User Content
submitted to or through the Services available to other companies,
organizations or individuals who partner with KindiBOX for the syndication,
broadcast, distribution or publication of such User Content on other media and
services, subject to our terms and conditions for such User Content use. Such
additional uses by KindiBOX, or other companies, organizations or individuals
who partner with KindiBOX, may be made with no compensation paid to You with
respect to the User Content that You submit, post, transmit or otherwise make
available through the Services.
We
may modify or adapt Your User Content in order to transmit, display or
distribute it over computer networks and in various media and/or make changes
to Your User Content as are necessary to conform and adapt that User Content to
any requirements or limitations of any networks, devices, services or media.
For example, if You choose to share a video through Your connected Twitter
account, we will adapt Your Content so that it can be attached to a Tweet in a
Twitter card. You are responsible for Your use of the Services, for any User
Content You provide, and for any consequences thereof, including the use of
Your User Content by other users and our third-party partners. You understand
that Your User Content may be syndicated, broadcast, distributed, or published
by our partners and if You do not have the right to submit User Content for
such use, it may subject You to liability. KindiBOX will not be responsible or
liable for any use of Your User Content by KindiBOX in accordance with these
terms of User Agreement. You represent and warrant that You have all the
rights, power and authority necessary to grant the rights granted herein to any
User Content that You submit.
10.
Grant of License to Use the Services
KindiBOX
gives You a personal, worldwide, royalty-free, non-assignable and non-exclusive
license to use the software that is provided to You by KindiBOX as part of the
Services. This license is for the sole purpose of enabling You to use and enjoy
the benefit of the Services as provided by KindiBOX, in the manner permitted by
the User Agreement. Save and except for accessing and using the Services as
permitted herein, You shall not separately use any portion of the Services
(such as codes, features, branding/trademarks/logos, look and feel, content, etc.)
in any manner whatsoever without express written approval from KindiBOX.
11.
Intellectual Property Rights
For
the purpose this User Agreement, the terms "Intellectual Property
Rights" shall mean all patents, trademarks, service marks, copyrights,
database right, trade names, brand names, trade secrets, design rights and
similar proprietary rights of KindiBOX and/or its licensors and/or other
respective owners, whether registered or unregistered and all renewals and
extensions.
The
rights, title and interest in the Intellectual Property Rights in the Service
including without limitation all its constituents, content, features,
functions, text, images, audios, audio-visuals, literary work, artistic work,
musical work, computer programme, dramatic work, sound recording, cinematograph
film, artistic work, literary work, musical work, a video recording, gaming
elements/content performance and broadcast as defined under the applicable
laws, specifications, instructions, abstracts, summaries, audio commentaries/content,
copy sketches, drawings, artwork, software, source code, object code, comments
on the source code and object code, domain names, application names, designs,
database, tools, icons, layout, programs, titles, names, manuals, graphics,
animation, games, applications, user interface instructions, photographs,
artist profiles, illustrations, jokes, memes, contests, gaming
elements/content, interactive elements and all other elements, data,
information and any other content/materials are the property of KindiBOX and/or
its licensors and/or other respective owners and are protected, without
limitation, pursuant to relevant Intellectual Property Rights laws of Singapore
and the world. KindiBOX retains full, complete and absolute title to the
Service and all Intellectual Property Rights therein.
The
Service including any Content thereon shall be deemed to be non-exclusively
licensed to You by us only for Your non-commercial personal use and only for
such period as we may, in our sole discretion, deem appropriate. You shall not
use, reproduce, redistribute, sell, offer on commercial rental, decompile,
reverse engineer, disassemble, adapt, communicate to the public, make a
derivative work, interfere with the integrity of the Service (including without
limitation the software, coding, constituents, elements, Content, etc.) in any
manner whatsoever.
You
expressly confirm not to, directly or indirectly, copy, reproduce, modify,
edit, re-edit, amend, alter, vary, enhance, improve, upgrade, create derivative
works, translate, adapt, abridge, delete, display, perform, publish,
distribute, circulate, communicate to the public, disseminate, broadcast,
transmit, sell, rent, lease, lend, assign, license, sub-license, disassemble,
decompile, reverse engineer, market, promote, circulate, exploit, digitally
alter or manipulate the Service and/or any parts thereof (including any and all
Materials therein) (in whole or in part) in any manner, medium or mode now know
or hereinafter developed.
12.
Conditions and Restrictions for Use of the Services
KindiBOX
reserve the right at all times (but will not have an obligation) to remove or
refuse to distribute any Content (including Service Content, Non-Service
Content and User Content) on the Services and to suspend or terminate User(s),
and to reclaim usernames and profile URLs without liability to You.
KindiBOX
also reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce the terms of
User Agreement, including investigation of potential violations hereof, (iii)
detect, prevent, or otherwise address fraud, security or technical issues, (iv)
respond to User support requests, or (v) protect the rights, property or safety
of KindiBOX, its users and the public. KindiBOX does not disclose personally
identifying information to third parties except in accordance with our Privacy
Policy.
You
agree that KindiBOX shall have the right but have no obligation, to monitor
User Content and to restrict or remove User Content that KindiBOX may
determine, in its sole discretion, is inappropriate or for any other reason.
You acknowledge that KindiBOX reserves the right to investigate and take
appropriate legal action against anyone who, in our sole discretion, violates
these terms, including, but not limited to, terminating their account,
terminate, suspend, limit, or use of the Services or access to Content and/or
reporting such User Content, conduct, or activity, to law enforcement
authorities, in addition to any other available remedies under law or equity.
In addition to the restrictions set forth above, You must adhere to the below
terms and conditions and not host, display, upload, modify, publish, transmit,
update or share any information /material/content that:
belongs
to another person and to which You do not have any right to;
is
violating any local laws of Your jurisdiction;
harms
minors in any way;
infringes
any patent, trademark, design, copyright or other proprietary rights;
impersonates
another person;
contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource;
threatens
the unity, integrity, defense, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to the
commission of any cognizable offence or prevents investigation of any offence
or is insulting any other nation. You also represent and warrant that the
posting of Your User Content on the Services does not violate any right of any
party, including privacy rights, publicity rights, and intellectual property
rights.
You
acknowledge that the User Content is not confidential and that You have no
expectation of privacy in it.
In
no event does KindiBOX assume any responsibility or liability whatsoever for
any User Content, and You agree to waive any legal or equitable rights or
remedies You may have against KindiBOX with respect to such User Content.
The
Service may contain articles/views contributed by several individuals under the
interactive features of the Services. The views are exclusively their own and
do not represent the views of KindiBOX, its group companies and respective
management. All liability in respect of the above is excluded to the extent
permitted by law including any implied terms.
You
will not do any of the following while accessing or using the Services: (i)
access, tamper with, or use non-public areas of the Services, KindiBOX's
computer systems, or the technical delivery systems of KindiBOX's providers;
(ii) probe, scan, or test the vulnerability of any system or network or breach
or circumvent any security or authentication measures; (iii) access or search
or attempt to access or search the Services by any means (automated or
otherwise) other than through our currently available, published interfaces
that are provided by KindiBOX (and only pursuant to those terms and
conditions), unless You have been specifically allowed to do so in a separate
agreement with KindiBOX; (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the Services to
send altered, deceptive or false source-identifying information; or (v) interfere
with, or disrupt, (or attempt to do so), the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, mail-bombing the Services, or by scripting the creation of the
Content in such a manner as to interfere with or create an undue burden on the
Services; or (vi) access or use the Service or the Content therein by means of
any mechanism or technology which conceals Your actual geo-location or provides
incorrect details of Your location [for example, use a virtual private network
(VPN)].
13.
Contests and Promotions
Any
and all contests, promotions, surveys and campaigns hosted or conducted on the
Service are subject to separate contest terms and conditions ("Contest
and/or Promotion T&Cs") and You are requested to read the Contest
and/or Promotion T&Cs as well as User Agreement before participating in the
same and upon participation it shall be deemed that the participant has read
and understood the Contest and/or Promotion T&Cs. User Agreement are deemed
incorporated by reference into Contest and Promotion T&Cs provided in
respect of a particular activity.
14.
Indemnity
You
agree to fully indemnify, defend and hold harmless KindiBOX, its affiliates,
associates and group companies, and their respective directors, key managerial
personnel, employees, officers, shareholders, agents, representatives,
sub-contractors, consultants and third-party providers from and against all
losses, claims and damages including legal fees, resulting from: (i) Your violation
of any terms of the User Agreement; (iii) Your violation of any third party
right, including without limitation any publicity, privacy, or intellectual
property right; (iv) Your breach of any applicable laws; (iv) any unauthorized,
improper, illegal or wrongful use of Your account by any person, including a
third party, whether or not authorized or permitted by You; and (v) Your breach
of any representation, warranty, covenant or undertaking under the User
Agreement or under applicable law. This indemnification obligation will survive
the expiry or termination of these User Agreement and Your use of the service.
15.
Copyright Policy
KindiBOX
respects the intellectual property rights of others and expects Users of the
Services to do the same. We will respond to notices of alleged copyright
infringement that comply with applicable law and are properly provided to us.
If You believe that Your User Content has been copied in a way that constitutes
copyright infringement, please provide us with the following information: (i) a
physical or electronic signature of the copyright owner or a person authorized
to act on their behalf; (ii) identification of the copyrighted work claimed to
have been infringed; (iii) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (iv) Your contact information,
including Your address, telephone number, and an email address; (v) a statement
by You that You have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law;
and (vi) a statement that the information in the notification is accurate, and,
under penalty of perjury, that You are authorized to act on behalf of the
copyright owner.
16.
Disclaimers and Limitations of Liability
You
have read this section carefully since it limits the liability of KindiBOX and
its parents, subsidiaries, affiliates, related companies, officers, directors,
employees, agents, representatives, partners, and licensors (collectively, the
"KindiBOX Entities"). Each of the subsections below only applies up
to the maximum extent permitted under applicable law. Some jurisdictions do not
allow the disclaimer of implied warranties or the limitation of liability in
contracts, and as a result, the contents of this section may not apply to You.
Nothing in this section is intended to limit any rights You may have which may
not be lawfully limited.
A.
The Services are Available "AS-IS"
The
access to and use of the Services or any Service Content and Non-Service
Content is at Your own risk. You understand and agree that the Services is
provided to You on an "AS IS" and "AS AVAILABLE" basis.
Without limiting the foregoing, KindiBOX Entities disclaim all warranties and
conditions, whether express or implied, of merchantability, fitness for a
particular purpose, or non-infringement.
KindiBOX
Entities make no warranty and disclaim all responsibility and liability for:
(i) the completeness, accuracy, availability, timeliness, security or
reliability of the Services or any Content; (ii) any harm to Your computer
system, loss of data, or other harm that results from Your access to or use of
the Services, or any Content; (iii) the deletion of, or the failure to store or
to transmit, any Content and other communications maintained by the Services;
(iv) whether the Services will meet Your requirements or be available on an
uninterrupted, secure, or error-free basis. No advice or information, whether
oral or written, obtained from KindiBOX Entities or through the Services, will
create any warranty not expressly made herein.
B.
Third Party Website Links
Services
may contain links to third-party websites or resources. You acknowledge and
agree that we are not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products,
advertisements, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by KindiBOX
Entities of such websites or resources or the content, products, or services
available from such websites or resources. You acknowledge sole responsibility
for and assume all risk arising from Your use of any such websites or
resources.
C.
Limitation of Liability
To
the maximum extent permitted by applicable law, the KindiBOX Entities shall not
be liable for any indirect, incidental, special, consequential or punitive
damages or any loss of profits or revenues, whether incurred directly or
indirectly, or any loss of data, use, good-will, or other intangible losses,
resulting from (i) Your access to or use of or inability to access or use the
Services; (ii) any conduct or content of any third party on the Services,
including without limitation, any defamatory, offensive or illegal conduct of
other users or third parties; (iii) any Content obtained from the Services; or
(iv) unauthorized access, use or alteration of Your transmissions or Content.
In
no event shall the aggregate liability of the KindiBOX Entities exceed the
greater of one hundred Singapore dollars (S $100.00) or the amount You paid KindiBOX
to subscribe the Service, if any, in the past three (3) months for the Services
giving rise to the claim.
The
limitations of this subsection shall apply to any theory of liability, whether
based on warranty, contract, statute, tort (including negligence) or otherwise,
and whether or not the KindiBOX Entities have been informed of the possibility
of any such damage, and even if a remedy set forth herein is found to have
failed of its essential purpose.
17.
General Terms
The
right, title and interest in and to the Services are and will remain the
exclusive property of KindiBOX and its licensors/owners. The Services are
protected by copyright, trademark, and other laws of Singapore and foreign
countries. KindiBOX reserves all rights not expressly granted in these terms of
User Agreement. You acknowledge and agree that any feedback, comments, or
suggestions You may provide regarding KindiBOX or the Services are entirely
voluntary and we will be free to use such feedback, comments or suggestions as
we see fit and without any obligation to You.
A.
Waiver and Severability
The
failure of KindiBOX to enforce any right or provision of these terms of User
Agreement will not be deemed a waiver of such right or provision. In the event
that any provision of these terms of User Agreement is held to be invalid or
unenforceable, then that provision will be limited or eliminated to the minimum
extent necessary, and the remaining provisions of these terms of User Agreement
will remain in full force and effect.
B.
Controlling Law and Jurisdiction
Terms
and any action related thereto will be governed by the laws of Singapore
without regard to or application of its conflict of law provisions or Your
state or country of residence. All claims, disputes, legal proceedings or
litigation arising in connection with the Services will be brought solely in
the competent courts of jurisdiction located in Singapore, and You consent to
the jurisdiction of and venue in such courts and waive any objection as to
inconvenient forum.
C.
Entire Agreement
User
Agreement and our Privacy Policy the entire and exclusive agreement between KindiBOX
and You regarding the Services (excluding any services for which You have a
separate agreement with KindiBOX that is explicitly in addition or in place of
the User Agreement), and the User Agreement supersedes and replaces any prior
agreements between KindiBOX and You regarding the Services.
D.
Changes
KindiBOX
may revise these terms from time to time without any further notification
(except for any material changes). If the revision, in our sole discretion, is
material we will notify You via email to the email associated with Your account
(if available) or through the Services. If You do not wish to be bound by any
such revisions, You must stop accessing and using the Services. By continuing
to access or use the Services after those revisions (from time to time) become
effective, You agree to be bound by the revised terms of User Agreement.
in
any contest and or games on the Service or viewing of certain Content may be
subject to further terms and conditions as may be updated herein or by way of a
separate link (capturing detailed terms of use) in relation to the games or
notified (but not an obligation) by KindiBOX from time to time on the Service
or otherwise.
In
case You have any questions about (a) any of the terms of User Agreement and/or
(b) Services are operated and provided by KindiBOX, please contact us at
support@KindiBOX.com.
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