Terms of Service
Welcome to KIPI.
This agreement is in effect as of July 1, 2015.
WE RESERVE THE RIGHT TO CHANGE THIS USER AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS USER AGREEMENT PERIODICALLY TO FAMILIARIZE YOURSELF WITH ANY MODIFICATIONS. YOUR CONTINUED USE OF THE WEBSITE AND/OR THE SOFTWARE AFTER SUCH MODIFICATIONS WILL CONSTITUTE ACKNOWLEDGMENT AND AGREEMENT OF THE MODIFIED TERMS AND CONDITIONS.
I. Responsible Use and Conduct
By visiting the 2IP Website or using the KIPI Software, and by accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as "Resources"), you agree to use these Resources only for the purposes intended as permitted by:
1) The terms of this User Agreement, and
2) Applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
1. In order to access our Resources, you may be required to provide certain information about yourself (such as KIPI ID, email address, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will be accurate, correct, and up to date.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
3. Accessing (or attempting to access) any of our Resources in any way other than via the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you—as explained above—and may be held criminally or civil responsible for the same.
7. Content Submission:
KIPI Software and 2IP Website allow you and other users to post, link, store, share, deliver, exchange, and receive content. You understand that generally we do not pre-screen or monitor the content posted by users on the Website and the Software. Therefore, it is your personal responsibility to submit any type of content to our website or the Software in a responsible and ethical manner. By posting information or otherwise using the Software as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
a) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
b) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
c) Contains any type of unauthorized or unsolicited advertising;
d) Impersonates any person or entity, including any 2IP, Inc. employees or representatives.
We do not assume any liability for any content posted by you or any other 3rd party users of our website or the Software. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any content on the Website or the Software. We have the right at our sole discretion to remove any content that we feel, in our judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party party copyrights or trademarks. We are also not responsible for any delay in removing or failure to remove such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
a) We have the right to monitor your access to the Website or the Software, or to review, pre-screen, edit any content you posted, or to collect any information, to ensure your compliance with this Terms of Service, or to comply with applicable law or the order or requirement of a court, or other governmental body.
b) You acknowledge that we may turn over any information we hold to various law enforcement agencies under the order or requirement of a court, or other governmental body.
9. Content Copyright Policy:
i) By posting any content by you on our website or KIPI Software, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, you grant us the perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute the content as we see fit.
ii) We do not permit copyright infringing activities and infringement of intellectual property rights on the Website or the Software and will remove any such content if properly notified that such content infringes on another's intellectual property rights.
10. The Software does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and 2IP is not liable in any manner for such calls.
11. Some carriers may prohibit or restrict the use of Voice over Internet Protocol (VoIP) functionality over their network, and may also impose additional fees, or other charges in connection with VoIP. You agree to learn and abide by your carrier's network restrictions. 2IP will not be held liable for any charges, fees or liability imposed by your carrier for use of VoIP over their networks.
12. The Software does not guarantee the self-destructing messages you send will be self-destructed. Furthermore, someone could find a way to video capture 2IP, take a screen shot, or take a photo of the phone. 2IP cannot promise that your messages will not be copied by some alternative means and redistributed.
13. Although we use the highest standard encryption which is mathematically impractical to crack, 2IP does not guarantee the encryption algorithms used by the Software are unbreakable in any way as technology advances and the scientific understanding of computing methods and mathematics becomes ever more complex. 2IP will not be held liable for any loss, damages in connection with your information protected by the Software is decrypted, stolen, deleted, copied, hacked or intercepted.
14. Any purchase you make in KIPI Software or on our website is non-refundable.
15. You agree to indemnify and hold harmless 2IP, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account as incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In the event of these circumstances, you agree to provide us with all reasonably requested cooperation.
II. KIPI ID
1. Ownership: KIPI ID assigned to you are owned by 2IP or its supplies and, as an expression condition to your use of KIPI ID, you hereby agree not to claim, and expressively waive, any rights, titles or interests to KIPI ID. You acknowledge and agree that you do not have any rights to transfer KIPI ID or to use the KIPI ID separate and apart from the 2IP service.
2. Limitations on Use: You acknowledge and agree that:
a) The 2IP services are not a replacement for any phone lines, whether wired, wireless or Internet based.
b) You use KIPI ID with your true identity, and in compliance with applicable laws.
c) You will not send, cause to be sent or facilitate, spam using the 2IP service.
d) If the KIPI Software you purchased from 2IP expired, you immediately loose the rights to use the KIPI ID attached to the KIPI Software.
e) If your KIPI ID remain inactive for thirty (30) days or more, we have the right to reclaim the KIPI ID that were assigned to you, without refunding any fee you paid in connection to the KIPI Software that you using.
III. END USER LICENSE AGREEMENT
1. License Grant: 2IP agrees to provide you with a limited, personal, non-exclusive, non-transferable, non-sub licensable license to use the Software in accordance to the terms of this Agreement. All rights not expressly granted by 2IP are hereby reserved. You agree not to take any action to interfere with 2IP's ownership of or rights in the Software.
2. You agree that, unless otherwise permitted in this license or by law, you will not:
a) Reproduce, republish, redistribute, or transmit the Software;
b) To the extent permitted under applicable law, redistribute, encumber, sell, rent, lease, loan, sublicense, assign, or otherwise transfer rights to the Software;
c) Modify or create any derivative works based on the Software, including customization, translation, or localization;
d) Copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any software or files, or parts thereof, included as part of the Software;
e) Except to the extent expressly permitted by law, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Software, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Software, or the underlying ideas or algorithms of the Software;
f) Create or use any software not authorized by 2IP to access the Software;
g) Attempt to gain unauthorized access to the Software or to any account, application, platform, computer system or network associated with the Software;
h) Use the Software in any way that violates this Agreement, or any other agreements between you and 2IP or its affiliates, or any law; and
i) Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Services.
3. Third-Party Software: The Software may be incorporated into, and may incorporate itself, software and other technologies owned and controlled by third parties. Any such third party software or technology that is incorporated into the Software falls under the scope of this Agreement.
V. Limitation of Warranties
By using the Website or the Software, you understand and agree that all Resources we provide are "as is" and "as available." This means that we do not represent or warrant to you that:
a) The use of our Resources will meet your needs or requirements
b) The use of our Resources will be uninterrupted, timely, secure or free from errors
c) The information obtained by using our Resources will be accurate or reliable
d) Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
e) Furthermore, you understand and agree that: Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
f) No information or advice, whether expressed, implied, oral or written, obtained by you from 2IP, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
VI. Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. 2IP, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on kip.co—including but not limited to text, graphics, website name, code, images and logos—are the intellectual property of 2IP, Inc., and are protected by applicable copyright and trademark laws. Any inappropriate uses, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by 2IP, Inc.
VIII. Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of the Website, the Software and the Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Website, the Software and the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
IX. Governing Law
The Website and the Software are controlled by 2IP, Inc. from its U.S office, which is located in the state of California, U.S.A. The Website and Software can be accessed by the inhabitants of most countries around the world. As each country has laws that may differ from those of California, by accessing our website and the Software, you agree that the statutes and laws of California—without regard to the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods—will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the Federal or State courts located in California, U.S.A. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, 2IP, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
XI. Contact Information