Under the Terms, Kynitex offers users the ability to (i) use the Site; (ii) use the Applications; (iii) download and/or purchase content; (iv) participate in forums and chats; and (v) provide feedback to Kynitex. If you do not agree to the Terms, please do not use the Site and/or Kynitex’s Applications.
1. Ownership. The Site and Applications are the exclusive property of Kynitex. All rights not granted herein are reserved by Kynitex.
2. Grant of License and Restrictions. In accordance with these Terms, we grant you a non-exclusive, non-transferable, terminable license to view and use the Site and Applications only for the purposes of entertainment, downloading and/or purchasing content, accessing information and Applications, and posting, uploading and distributing content to and through the Site in accordance with these Terms. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site. You may NOT (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained therein without our prior written permission; (b) use any device, software or routine to damage, over-burden or impair the Site or any Applications or interfere with any other party’s use of the Site or any Applications; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (d) copy, reproduce, alter, modify, transfer, lease, loan, sell, create derivative works, or publicly display any Application or content from the Site; (e) alter or modify the copyright notices and any other proprietary legends that appear on the Site or any Application; or (f) access the Site by any means other than through the interface that is provided by us. You hereby acknowledge and agree that you have no property interest in any account, credits, characters or any virtual in-game items or other materials appearing on or generated by the Site or an Application.
3. Applications; Conduct. From time to time, we may offer you the ability to use our mobile applications and certain applications on the Site (collectively, "Applications"). For example, we may provide periodic newsletters, mobile games, forums, chat areas, bulletin boards, or e-mail functions. Kynitex grants you a limited license to use the Site, the Applications and to submit Materials (as defined below), provided that such license shall be conditioned upon your proper conduct, as judged by Kynitex in its sole discretion and judgment.
- Creating a user name, screen name or label, or uploading to, distributing through or otherwise publish through the Site or Applications, any Materials (as defined below) which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
- Uploading Materials or creating a user name, screen name or labeling Materials that contain expressions of hatred, bigotry, racism or pornography or be otherwise objectionable.
- Uploading Materials, or using a user name, screen name and labeling of Materials that disparage in any manner Kynitex, the Applications or the Site.
- Uploading Materials that infringe the copyrights, trademarks or other intellectual property rights of Kynitex or any third party.
- Uploading or sharing Materials that are commercial in nature or contain any solicitation of funds, promotion, advertising or solicitation for goods or services. You specifically acknowledge that soliciting other users to join or become members of any commercial online web site or other commercial organization through the Site or through the Applications is expressly prohibited.
- Uploading or sharing Materials that contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or Applications, or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Using or communicating exploits to gain an unfair advantage in the Applications.
- Posting or communicating personal information of other users using the Site or Applications.
- Using, developing or distributing “auto” software, “macro” software or other “cheat utility” software or applications.
- Attempting to get password, account information or other private or personal information from another user or from Kynitex.
You will obey all state and local laws, regulations and rules that apply to your activities when you access the Site or use the Applications.
Where the Applications utilize the account management of a social networking web site (such as Facebook) or a third-party payment provider, you are responsible for maintaining the confidentiality of your applicable web site passwords and account information; you are entirely responsible for all activities that occur under such accounts.
By subscribing to our newsletters, you understand that you may receive periodic information, by e-mail, regarding current and future Applications offered on or through Site. You may unsubscribe from receiving newsletters at any time by following the procedures made available through the newsletters.
You understand that all information, text, data, software, sounds, photographs, audiovisual material, artwork, graphics, messages and other materials that are transmitted to or via the Site or to or via the Applications ("Materials") are the sole responsibility of the person from whom the Materials originated. “Materials” also includes, but is not limited to, user-created levels or user-created beats and/or songs and related visual representation, which are submitted by you or other users. This means you and other users, not Kynitex, are entirely responsible for the Materials you transmit to or through the Site or through Applications. Further, you understand that by using the Site or the Applications, you may be exposed to Materials that are offensive, objectionable or indecent.
4. License to Kynitex. If you choose to submit Materials to Kynitex, you agree that by submitting Materials you grant to Kynitex an unrestricted absolute, royalty-free, perpetual, worldwide, irrevocable right and license to sublicense, reproduce, copy, modify, create derivatives in whole or in part, or otherwise use such Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature in any Application and in any of Kynitex’s advertising and promotional materials (Materials combined with any work created by Kynitex or another user are known as “Works”). The license you grant to Kynitex allows Kynitex to display, perform, exhibit, sell, distribute, transmit or broadcast the Works by any media, technology or other means, including those currently known or become known at a later date, without notice to you attribution or compensation of any kind to you or any third party, and to grant a sublicense to a third party to do any of the same actions with the Works and/or the Materials. You also agree that by submitting Materials you waive all rights to, release Kynitex from, and shall neither sue nor bring any proceeding against Kynitex for any claim or cause of action, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and or exploitation of the Materials or the Works. You warrant that all so-called "moral rights" in the Materials have been waived. You also agree that Kynitex is not obligated to utilize the Materials, and understand that Kynitex may or may not use the Materials in Works.
5. Use and Monitoring; No Endorsement. You may use the Site and Applications only for their intended purposes. While Kynitex has no obligation to monitor the Site or Applications and is not responsible for the content of any Materials or other messages, information or files transmitted on the Site or through the Applications, Kynitex reserves the right to delete, move, edit, refuse to post or take other appropriate action with respect to such Materials or other messages, information or files which Kynitex, in its sole discretion, deems objectionable or otherwise in violation of these Terms, including denying access to the Applications or the Site to anyone at any time. You are hereby notified that your use of the Site and/or the Applications constitutes consent to such actions, monitoring and auditing. Kynitex does not endorse any communications made by others through the Applications or any other communications on the Site.
6. Copyrights and Trademarks. The Site and the Applications are protected by intellectual property laws and you agree to respect them.
7. Submitting Feedback. In exchange for enabling any feedback, data, questions, comments, suggestions or the like ("Feedback") to the Site or Applications (collectively "User Content"), you automatically grant (or warrant that the owner of such rights has expressly granted) Kynitex a perpetual, complete, fully-paid, royalty-free, irrevocable, world-wide, non-exclusive right and license to sublicense, use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, sell, transmit, transfer, distribute, publicly display and publicly perform such User Content, or any portion thereof, or incorporate such User Content, or any portion thereof, into any form, media or technology now known or later developed throughout the world without any notice, attribution or compensation of any kind to you or any third party. Kynitex shall have the right to further sublicense these rights to third parties. You warrant that all so-called "moral rights" in the User Content have been waived.
To the extent User Content is accessible, visible or usable by other users, you also grant all other users the right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, publicly display and publicly perform such User Content, or any portion thereof, on the Site or in the Applications without any notice, attribution or compensation of any kind to you or any third party. You acknowledge that your chats, postings and other communications with other users or with us are public and not private communications and that you have no expectation of privacy concerning your use of these communication features of the Site.
8. Use Charges. Kynitex shall not have any liability to you for use charges related to any device or service that you use to access the Site or use Kynitex 's Applications, including, without limitation, usage charges for mobile telephones, smart phone devices, Internet service providers, car navigation systems, pagers, smart phones and other devices, whether wireless, wireline, requiring cradle synchronization or otherwise.
9. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site and/or the Application(s) may, at our option, be conducted electronically. You also agree that we may provide all agreements, disclosures and notices electronically, including any that we are otherwise required to provide in "writing."
11. Suspension, Termination or Cancellation. Kynitex may block your use of the Site or an Application, or direct you to cease using the Site or an Application, if we believe in good faith that you or a related person has breached or may breach these Terms or if you use the Site or the Applications to engage in illegal activity. You have the right to cancel your subscription to our newsletter at any time, and such cancellations will not affect your social networking web site account(s) or third party payment provider account(s). You agree that Kynitex may stop making the Applications available, at any time, without any liability to you.
12. No Warranties; "As Is." The site, applications, content and products offered at the site are provided to you "as is" without warranty of any kind. Kynitex hereby disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement; availability of the site; lack of viruses, worms, trojan horses, or other code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information on the site; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the site, content and materials on the site, and applications. The entire risk as to satisfactory quality, performance, accuracy and effort in connection with the site, content, materials and applications is borne by you. Kynitex shall not be responsible for any loss of data or other material.
13. Assumption of Risk. You assume all risks that the site and applications are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Your use of the site, materials and applications is at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data resulting there from. Similarly, you agree that by participating in forums, visiting chat rooms or using other applications, you may be exposed to rude, crude, indecent or other offensive language or references.
14. Linked Sites. Links may appear on the Site or in Applications that may be used to link to other web sites. These links are provided as a courtesy to our Site visitors and Application Users. Kynitex has no control over the linked web sites or the materials, information, goods or services available or contained on these linked web sites. Kynitex is not responsible for and does not endorse or warrant in any way any privacy or other practices of such web sites or any materials, information, goods or services available through such linked web sites. If you decide to access any of the linked web sites, you do so entirely at your own risk. Kynitex reserves the right to terminate any link at any time.
15. Amendments; Complete Agreement. You agree that we may from time to time amend or add to these Terms ("Amendments"). Please check this page periodically to be aware of any Amendments.