1. Introduction
PLEASE READ THESE TERMS OF WEBSITE & APPS CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms and Conditions Agreement (“Agreement”) for Kleeso.com and Kleeso Apps (“Kleeso”, “Website & Apps”, “Service”, “we,” “us,” or “our”), an Internet Website & Apps owned and operated by Kleeso Ltd. This Agreement governs only the Service, content, features, and activities related to this Website & Apps.
This Website & Apps is offered and made available only to users seventeen (17) years of age or older. If you are not yet 17 years old or the required greater age for certain features, please discontinue using the Website & Apps immediately, or if for any reason, you do not agree with all of the Terms and Conditions contained in this Agreement, please discontinue using the Website & Apps immediately because by using or attempting to use the Website & Apps, you certify that you are at least 17 years of age (or other required greater age for certain features, where applicable) and meet any other eligibility requirements of the Website & Apps. If you are found to be underage, your account may be terminated without notice, but your account can be reinstated when you turn 17 by having your parents send us proof of your birthdate via our contact page. These Terms and Conditions regarding your use of the Website & Apps constitute a legally binding agreement between you and the Website & Apps. In this Agreement, the term “Website & Apps” includes all sites, Apps and web pages within the Website & Apps as well as any equivalent, mirror, replacement, substitute or backup Website & Apps and web pages that are associated with the Website & Apps. By using this Website & Apps, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services. The words “use” and/or “using” in this Agreement mean any time an individual (a “User”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Website & Apps, transmit, receive or exchange data or communicate with the Website & Apps, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Website & Apps, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Website & Apps and it cannot be modified, except as specifically described below.
We use cookies and other similar technologies. Cookies are small files which store some information on your computer or mobile device. We may use cookies and similar technologies:
By accessing our Website & Apps you consent to our use of cookies in accordance with our Privacy Policy. You can disable cookies through your web or phone browser settings but you may find you are not able to enjoy all the features of our Website & Apps if you do so.
2. Copyright notice
The Website & Apps include various content that is protected by trademarks, copyrights, or other means for the benefit of Kleeso or third parties. Unless explicitly permitted within these general Terms and Conditions, users may not edit, copy, distribute, publicly reproduce, use for advertising purposes, or use beyond the contractually agreed purposes Kleeso’s Website & Apps or the content or any portion thereof. Only technical copies intended for browsing purposes and permanent copies intended solely for private use shall be permitted. Copyright information and brand names may not be changed, hidden, or removed. The term “Content” includes all data, images, text, graphics, music, sounds, sound sequences, videos, software programs and codes, and other information provided by Kleeso. The term “Content” also includes, in particular, all services available for download. Users are obliged to abstain from any measure which may compromise or interrupt the proper functioning of Kleeso’s Website & Apps, any individual services and/or offers there. Users are also required to abstain from any measure which may allow unauthorized access to data. Content may only be called up in a manner that does not affect other users’ use of Kleeso Website & Apps and Content. The transfer of data or software that may affect the hardware or software of recipients is not permitted. Any use of Kleeso Website & Apps for commercial purposes, especially advertising purposes, requires the express prior written consent of Kleeso. Users are not entitled to publish content on Kleeso Website & Apps or other services. Kleeso Website & Apps may not be used via an anonymization service that hides the user’s true IP address.
3. User conduct and Content
3.1 You must comply with all applicable local, state, national laws and regulations and, in some cases, international treaties. If any laws applicable to you restrict or prohibit you from using our Website & Apps, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Website & Apps.
3.2 You promise that all the information you provide to us on accessing and/or using our Website & Apps is and shall remain true, accurate and complete at all times.
3.3 You understand and agree that all Content that you may be sent when using our services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our services.
3.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
3.5 You agree that you will not:
4. Registration and use of Password
Kleeso has two types of Users:
We may require each user to have a unique user name and password combination in order to use the Website & Apps and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Website & Apps. As part of the registration process, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use them under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of, disclosure, or you’re authorizing anyone else to use your user name or password. You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE WEBSITE & APPS WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Website & Apps for which you will be legally responsible. In consideration of your use of the Website & Apps (and/or software or services purchased through the Website & Apps) you agree to provide true, accurate and complete information about yourself as prompted by the Website & Apps registration or ordering process, provided that in connection with registration, you do not need to, and should not, use your full or true name for your screen name or username.
5. Termination
.
These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Website & Apps and destroying all materials obtained from the Website & Apps and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise. We may immediately terminate these terms with respect to you in our absolute discretion including, without limitation, if you are, or we suspect that you are failing to comply with any material term or provision of these Terms and Conditions. Upon termination, you must cease use of the Website & Apps and destroy all materials obtained from the Website & Apps and all copies thereof, whether made under this Agreement or otherwise
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright
Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law enforcement agencies. The provisions of this Agreement, which by their nature should survive the termination of these terms, shall so survive such termination.
6. Ads & Campaigns:
Registered Business Users have the following rights:
6.1 You may not upload any Ads which violate the rights of artists, inventors, and creators, whose names, images, likenesses, and other attributes or content may be protected by copyright.
6.2 Campaign Offers. You may include a contest, voucher, sweepstakes, or other promotional offer (“Offer”) in your Ad if permitted by law. In addition to these Terms, if you include an Offer in your Ad, then your Offer is subject to the below rules:
7. Payment Terms
For Individual Users, the Service is completely for Free
For Business Users, the Service will be Free for the First Three Months (Free Trial Period).
7.2.1 You confirm that you are permitted to use that Payment Instrument, and you authorize Kleeso to confirm that your Payment Instrument is in good standing with the issuing financial institution and/or carrier (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association or carrier rules as applicable. If you cancel a transaction before completion, that payment authorization may result in your funds not otherwise being immediately available.
7.2.2 You authorize Kleeso or its designated third-party payment processor to store the Payment Instrument, along with other related transaction information, and bill the designated Payment Instrument up to the applicable maximum spend amount during the Service term, and if applicable, in a recurring fashion during the subscription Service term
7.3 Your Payment Instrument will be billed for non-recurring Services at the time of purchase or shortly thereafter. Your Payment Instrument will be billed each period for subscription Services based on the date of the subscription purchase. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
7.4 You are obligated to fulfill your payment obligations for the Services in a timely fashion. If you fail to do so, Kleeso will be entitled to a compensation equaling the amount due plus interest at the highest rate permissible under applicable law. In addition, if you fail to make any payment to Kleeso when due under these Terms, Kleeso will be entitled to cancel the Service and remove your Ads from the Service, without prior notice, and you will not have any claims against Kleeso in connection therewith.
7.5 Kleeso reserves the right to issue refunds or credits at its sole discretion.
7.6 Current Pricing can be found in the Pricing Page on our Website
8. Your content: license
Any information, Content, or material you have created and submitted or transmitted through our Website & Apps and that is covered by intellectual property rights (or similar rights) shall be licensed to us as a nonexclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license, and we are entitled to use such intellectual property on or in connection with the Website & Apps, except in the case where we have signed an exclusive agreement with you.
When you provide information, content, or material, every visitor to the Website & Apps will have access to such information, and we have no control over that information or what users do with it.
Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyright, trademarks, patents, trade secrets and other intellectual property rights you own or control, to use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform and otherwise exploit such Content, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes in any media format and through any media channels including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Content License”).
By communicating a Content, you represent and warrant that the Content and your communication of that Content conform to the Rules of Conduct (outlined above in Section 3 labeled “User Conduct and Content”) and other requirements of these Terms and Conditions and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Content in all manners contemplated by these Terms and Conditions (including the Content License). These Terms and Conditions (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Content. To the extent that any Content submitted by you contain original songs or recordings, you hereby represent that you are a member of the applicable mechanical and/or performing rights society and that all musical compositions (including lyrics) contained in such Content are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any such society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive, irrevocable, fully paid, royalty free, sub licensable and transferable worldwide license to publicly perform each and every musical composition (including lyrics) and sound recordings contained in such Content. You may edit your content to the extent permitted using the editing functionality made available on our Website & Apps.
Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, un-publish or edit any or all of your content.
9. Report abuse
We do not control Content posted on our Website & Apps by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using our Website & Apps, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Website & Apps. We have the right to remove uploaded Content from our Website & Apps if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Website & Apps into disrepute. However, you acknowledge that we do not actively monitor Website & Apps that is contributed by people that use our Website & Apps and we make no undertaking to do so. If you are concerned that someone else is not complying with any part of these terms, please contact us here: (info@Kleeso.com).
10. Disclaimer of Warranties
THIS WEBSITE & APPS, AND ALL MATERIALS, PRODUCTS, APPLICATIONS, AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE & APPS WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website & Apps. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Website & Apps, including, without limitation, postings and materials associated with your use of the Website & Apps. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS, APPLICATIONS, OR SERVICES, EXCEPT AS SPECIFICALLY MADE IN WRITING. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, APPLICATIONS, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS WEBSITE & APPS, DEFY, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE & APPS OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
11. Indemnification
You agree to the fullest extent permitted by law, to indemnify, defend (at our election) and hold harmless Kleeso, its parents, subsidiaries and affiliated companies, its and their licenses, distributors, licensors, representatives, authorized users, third party service providers, suppliers, successors and assigns, and each of its and their offices, directors, agents and employees, from any and all expenses, liabilities, damages costs, liens, penalties and losses whatsoever, including, without limitation attorney’s fees, arising out of any claims, demands, counterclaims, actions, lawsuits or judgments, regardless of the merit, whether threatened or actual, fixed or contingent, known or unknown, arising out of or relating to the actual or alleged breach by you of these Terms and Conditions, yours use of the Website & Apps, or your account.
12. Breaches of these Terms and Conditions
We reserve the right to suspend or terminate your access to our Website & Apps immediately without notice (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 3.4 or 3.5 are likely to be considered material breaches. You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
13. Third Party Website & Apps
Our Website & Apps may include links to other Website & Apps or resources. Since We have no control over such Website & Apps and resources, You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible for any content, advertising, products or other materials on or available from such Website & Apps or resources. Our Terms and Conditions policy do not apply to your use of those other Website & Apps and resources. We cannot guarantee the completeness or accuracy of the Website & Apps or URLs to which Website & Apps’ content link or refer. The process of including Third Party Website & Apps in our Website & Apps’ content is largely automatic. Kleeso does not screen the Third Party Website & Apps included in the content, and these other Website & Apps are maintained by persons over whom we exercise no control. For these reasons, you further acknowledge and agree that we shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website & Apps or resources. Kleeso accepts no responsibility for any third party advertisements that may appear on Kleeso Website & Apps. You understand that clicking on a third party advert link engages you. Third party is responsible for that advert. We have no control over these companies, or over the content of the Website & Apps. You further acknowledge and agree that we shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website & Apps or resources.
14. Intellectual Property Rights
Kleeso, our logos and our other registered trademarks are trademarks of Kleeso (collectively Our Trademark). Our Website & Apps, including its content, is protected under international intellectual property by rights such as trademark and copyright law. You agree not to use, copy, download or exploit Our Trademark without the prior written consent of KleesoYou agree not to use Our Trademark, or copyrights, in a manner that creates confusion. Consistent with trademark infringement law, you are prohibited from using any of Our Trademark. You may not register in any jurisdiction, a domain name using all, or a part, of Our Trademarks in a manner that may imply a partnership with Kleeso, or that may create, in any way confusion between Kleeso and your brand, services or products. You may not imitate Our Trademark, logo, or other elements of the Website & Apps in any of your advertising, on your personal Website & Apps, for promotional matters or other materials. In no case shall you use our copyrights and/or Trademarks in a disparaging or degrading way. You are aware that upon infringement of this clause, you will be liable for trademark infringement, and that We have the right to pursue legal actions. If you are aware of any illegal usage by any person of Our Trademark, please contact us through our CONTACT FORM.
15. Changes to the Terms and Conditions
If you do not agree with any of these Terms and Conditions, you must not use this Website & Apps. Occasionally, these Terms and Conditions may change – it is your responsibility to check these Terms and Conditions regularly so that you are aware of any such changes. Your continuing use of the Website & Apps constitutes your agreement to the changes.
16. Severability
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions.
17. Entire agreement
This Agreement, and any operating rules for the Kleeso Website & Apps established by Kleeso, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
18. Law and jurisdiction
This Agreement, together (if any) with any additional terms, rules, privacy policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Website & Apps and supersedes any and all prior or inconsistent understandings relating to the Website & Apps and your use of the Website & Apps. This Agreement cannot be changed or terminated orally. Any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed in accordance with the laws of Greece.
This Terms and Conditions was last modified 10/04/2021 and is effective immediately.
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