These Terms and Conditions governs your use of all software applications (“App”) covering web and mobile applications that were published by Kess Kravings LLC.
2. GENERAL RULES RELATING TO CONDUCT:The App is made available for you to use subject to the account you sign up for. The App may also be provided to you to use without setting up an account or to be used for a specified free trial period. The App must not be used for any illegal or unauthorized purpose. When you use the App you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
- (a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
- (b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
- (c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law; or
- (d) Post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually explicit content on any Kess Kravings services provided through the App; or
- (e) Create accounts for others except yourself either for free or for a fee including but not limited to transfer, assign, license, sell your account, followers list and all other account information to others; or
- (f) Post unauthorized content on Kess Kravings; or
- (g) Post private information belonging to others including but not limited to phone numbers, email addresses, physical addresses, social security numbers etc ; or
- (h) Use Kess Kravings in your user ID; or
- (i) Make your account login credentials accessible to others; or
- (j) Use other users account without their knowledge and seek account information of other users; or
- (k) Use Kess Kravings Apps and services to spam, abuse, bully, threaten, harass, defame, stalk, impersonate or create a hostile social experience for any user; or
- (l) Use Kess Kravings on other media as if that media is associated with Kess Kravings; or
- (m) Post content that you don’t own the rights to post and will not hide any copyright information on any posted content; or
- (n) Post content that infringe on any intellectual properties of others and that you are solely responsible for any penalties that arise from your violation of copyright laws; or
- (o) Create multiple accounts for yourself; or
- Provide misleading information about your identity.
You further agree that;
- (a) Kess Kravings is not a data backup service and is under no obligation to backup your data and you will not expect Kess Kravings to restore any data you loose by using our services for any reason.
- (b) You indemnify Kess Kravings and its partners and affiliates in full and on demand from and against any loss, damage, costs or expenses which you suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
- (c) You will make all payment transactions and keep all communications related to Kess Kravings services on Kess Kravings using only payment and communication systems provided by Kess Kravings.
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
3. CONTENT:The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Kess Kravings LLC and its partners and affiliates as shown in the App . All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Kess Kravings’ express permission. The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by Kess Kravings LLC and its partners and affiliates or third party partners of Kess Kravings LLC. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Kess Kravings or the relevant partner or affiliate or the relevant third party partner of Kess Kravings.
4. LINK TO THIRD PARTIES:The App may contain links to websites operated by third parties (“Third Party Websites“). Kess Kravings may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, Kess Kravings does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(A) KESS KRAVINGS DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN KESS KRAVINGS AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED. Kess Kravings will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. IF KESS KRAVINGS IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL NOT EXCEED TEN US DOLLARS ($10). Nothing in these Terms shall be construed as excluding or limiting the liability of Kess Kravings and its partners and affiliates for death or personal injury caused by its negligence or for any other liability which cannot be excluded by US law.
7. SERVICE SUSPENSION OR REFUSAL: Kess Kravings reserves the right to:
- (a) Suspend or cease providing any services relating to the Apps published by it for any reason, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so. You can close your account through your control panel at any time. If you choose to close your account all your data will be deleted from our servers. If your account is suspended or closed in any way, all rights afforded to you by these terms also cease with immediate effect.
- (b) Refuse anyone, anytime for any reason the use of our services provided through our Apps. You agree that Kess Kravings is under no obligation to remove, edit, block, monitor content that at our sole discretion determine that such content violates the terms of the agreement. You are solely responsible for your interaction with others by using our services and agree that Kess Kravings is under no obligation to get involved in disputes between users.
- (c) To display advertising and promotions at anytime to pay for some of our free services.
- (d) To remove any content at anytime for any reason without notice to you and could keep such content to comply with certain laws as needed. Such content cannot be retrieved without a court order so you are advised to have your own backup of all content that is posted through our services.
8. ADVERTISERS IN THE APP:
If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Kess Kravings from time to time (“Competition Rules“) and by the decisions of Kess Kravings, which are final in all matters relating to the Competition. Kess Kravings reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
These Terms (as amended from time to time) constitute the entire agreement between you and Kess Kravings concerning your use of the App. Kess Kravings reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Kess Kravings. These Terms shall be governed by and construed in accordance with US law and you agree to submit to the exclusive jurisdiction of the US Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. Kess Kravings’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Kess Kravings in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits or otherwise in favor of any person other than you, Kess Kravings and its partners and affiliates.
11. CONTACT US:
You can contact Kess Kravings LLC at 5700 Tennyson Parkway, Suite 300, Plano TX 75024, email: email@example.com.
WHAT INFORMATION WE OBTAIN AND HOW IS IT USED?
1. USER PROVIDED INFORNATION:When you sign up for an account with us and access or download and use the App, you generally provide (a) your name, email address, user name, password , business name, phone number and other registration information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use Apps from us; (c) information you provide us when you contact us for help; (d) credit card information for purchases of goods and services and use of the App, and; (e) information you enter into our system when using the App. The App also obtains the information you provide when you download and sign up for an account to use the App. Sign up with us is optional but please keep in mind that you may not be able to use some of the features offered by the App unless you signup for an account. We may also use the information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions.
2. AUTOMATICALLY COLLECTED INFORMATION:In addition, the App may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device or computer, your operating system, the type of Internet browsers you use, and information about the way you use the App.
3: DOES THE APPLICATION COLLECT PRECISE REAL TIME INFORMATION OF THE DEVICE?The Application may collects precise information about the location of your mobile device or computer in order for certain features of the App to work including but not limited to searching for products and services based on your device location or your computer’s IP address. Please note that if you choose not to allow the App to use your precise location, you will not get accurate results for features that need your precise location.
4. DO THIRD PARTIES SEE AND/OR HAVE ACCESS TO INFORMATION OBTAINED BY THE APP?Only aggregated, anonymized data is periodically transmitted to external services to help us improve the App and our service. We will share your information with third parties only in the ways that are described in this privacy statement.
We may disclose User Provided and Automatically Collected Information:
- as required by law, such as to comply with a subpoena, or similar legal process;
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
- with our trusted service providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
- if Kess Kravings LLC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or use of this information, as well as any choices you may have regarding this information.
5. WHAT ARE MY OPT-OUT-RIGHTS:You can stop all collection of information easily by stopping the use of the App,uninstalling the App or closing your account if you have one. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or via the uninstall process through your operating system on your computer or server.
6. DATA RETENTION POLICY, MANAGING YOUR INFORMATION:We will retain User Provided data for as long as you use the App and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the App to function properly.
7. CHILDREN:We do not use the App to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
8. SECURITY:We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our App. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.