Kimavi mobile apps, web apps, product and services including:
- Kimavi.com website
- Kimavi branded mobile apps
And any other product bearing Kimavi brand.
Last Revision Date: April 1, 2019;
Written by security and privacy team at Kimavi.
For any questions related to this document please email: Admin@Kimavi.Com
Welcome to Kimavi® a set of apps
provided by Kimavi.Com
This document covers all services provided by Kimavi under following brand: "Kimavi".
The brand, web sites and mobile apps will be further referred to as "we", "our", or "us" or "Kimavi®".
- Description of the Platform.
This provides a general description of the Platform, its features and functionality.
- Your Kimavi Account
This section explains your responsibilities should you choose to register for a Kimavi® account.
- Your Use of the Platform
This section sets out your right to use the Platform, and the conditions that apply to your use of the Platform.
- Your Content
This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else's rights.
- Grant of License
This section explains how your content will be used on Kimavi® and the permissions that you grant by uploading your content - for example, the right for other qualified users to view to your content.
- Representations and Warranties
This section includes important promises and guarantees that you give when uploading content to Kimavi® - in particular, your promise that everything you upload and share is owned by you and won't infringe anyone else's rights.
- Liability for Content
This section explains that Kimavi is a hosting service and that its users are solely liable for material that they upload to Kimavi®.
- Reporting Infringements
- Third Party Websites and Services
Through Kimavi® you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of Kimavi.
- Blocking and Removal of Content
This section makes it clear that Kimavi may block or remove content from the Platform.
- Repeat Infringers
This section explains that Kimavi® cannot give any guarantees that the Platform will always be available – sometimes even a platform as awesome as ours will have a few problems.
- Limitation of Liability
This section explains some of those things that Kimavi will not be liable for. Please make sure you read and understand this section.
If you use the Platform in a way that results in damage to us, you will need to take responsibility for that.
- Data Protection, Privacy and Cookies
This section deals with Kimavi® meetups and explains that these are not “official’ Kimavi events, so we cannot be responsible for anything that happens at meetups.
- Competitions and Other Promotions
This section deals with competitions, contests and sweepstakes on Kimavi®. These are not run by Kimavi, and therefore we cannot be responsible for them. If you want to run your own competition on Kimavi, make sure you read and understand our Competition Terms.
- Premium accounts and Gift Codes
This section links you to information explaining how to purchase ”Pro” accounts and gift codes and how you can cancel your purchases in certain circumstances.
- Changes to the Platform, Accounts and Pricing
From time to time, we may need to make some changes to Kimavi®. This section explains your rights in this situation.
This section explains how you can terminate your Kimavi® account, and the grounds on which we can terminate your use of Kimavi®.
- Assignment to Third Parties
This section deals with Kimavi's right to transfer this agreement to someone else.
This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
- Entire Agreement
- Third Party Rights
- Applicable Law and Jurisdiction
All of our documents are generally governed by laws of USA.
This section provides information about Kimavi, including how to contact us
4. Description of the Platform
The Platform is a hosting service. Registered users of the Platform may submit, upload and post audio, Video, text, photos, pictures, graphics, comments, and other content, data or information (“Content”), which will be stored by Kimavi at the direction of such registered users, and may be shared and distributed by such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, and to and share Content uploaded and made available by registered users.
5. Your Kimavi Account
You are not obliged to register to use the Platform. However, access to the Apps and certain Services is only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Kimavi in writing, and should change your password at the earliest possible opportunity.
You may terminate your account at any time as described in the Termination section below.
6. Your Use of the Platform
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Platform or any part of the Platform, other than by means of download in circumstances where the relevant Uploader has elected to permit downloads of the relevant item of Content.
(iii) You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
(v) You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, view Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
(vi) You must not alter or remove, attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
(vii) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
(viii) You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Kimavi's reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Kimavi's reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
(ix) You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
(x) You must not rent, sell or lease access to the Platform, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
(xi) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
(xii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Kimavi employee. (xiii) You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
(xiv) You must not sell or transfer, or offer to sell or transfer, any Kimavi account to any third party without the prior written approval of Kimavi.
(xv) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
7. Your Content
Any and all video, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by Kimavi.
Kimavi does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rights holder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and Kimavi shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
8. Grant of License
Removal of Content from your account will automatically result in the deletion of the relevant files from Kimavi’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Kimavi is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
9. Representations and Warranties
You hereby represent and warrant to Kimavi as follows:
(ii) Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.
(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, performance or likeness in Your Content and to publish the same on the Platform and via any Linked Services.
(iv) Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
(v) Your Content does not and will not create any liability on the part of Kimavi, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
Kimavi reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
10. Liability for Content
You hereby acknowledge and agree that Kimavi (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, Kimavi excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
Kimavi and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Kimavi or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
11. Reporting Infringements
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using any of the methods outlined on our Copyright Information pages.
If you would prefer to send us your own written notification, please make sure that you include the following information:
- a statement that you have identified Content on Kimavi® that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the Kimavi URL(s) where such Content can be located;
your full name, address and telephone number, a valid email address on which you can be contacted, and your Kimavi® user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- Your electronic or physical signature (which may be a scanned copy).
12. Third Party Websites and Services
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, Linked Services (hereinafter “External Services”).
Kimavi does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, Kimavi does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
Kimavi disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Kimavi with respect to the content or operation of any External Services.
13. Blocking and Removal of Content
Please also note that individual Uploader have control over the Content that they store in their account from time to time, and may remove any or all Content without notice. You have no right of continued access to any particular item of Content and Kimavi shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by Kimavi or the relevant Uploader.
14. Repeat Infringers
If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Platform terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Kimavi at its discretion.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
WHILST Kimavi USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO Kimavi’S ATTENTION, Kimavi MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. Kimavi DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kimavi DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
Kimavi AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
16. Limitation of Liability
IN NO EVENT SHALL Kimavi'S AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO Kimavi DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Kimavi AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
1. ANY LOSS OR DAMAGE ARISING FROM:
(A) YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
(B) ANY CHANGES THAT Kimavi MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
(C) ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY Kimavi OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
(D) ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
You hereby agree to indemnify, defend and hold harmless Kimavi, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Kimavi.
18. Data Protection, Privacy and Cookies
Kimavi has an active community of users, many of whom organize and attend face-to-face meetings at venues all over the world (“Meetups”). While Kimavi is generally supportive of Meetups and may provide branded promotional materials to help organisers promote their Meetups, Kimavi does not sponsor, oversee or in any way control such Meetups. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Kimavi does not bear any responsibility or liability for the actions of any Kimavi users or any third parties who organize, attend or are otherwise involved in any Meetups.
20. Competitions and Other Promotions
From time to time, some Kimavi® users may promote competitions, promotions, prize draws and other similar opportunities on the Platform (“Third Party Competitions”). Kimavi is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competition and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence.
If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms.
21. Changes to the Platform, Accounts and Pricing
Kimavi reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Kimavi shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Kimavi and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that Kimavi may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
Kimavi may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Premium accounts from time to time. In the event of any increase in the price or material reduction in the features of any Premium account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Kimavi proposes to make changes to any type of account to which you subscribe (Premium account or otherwise), and these changes are material and to your disadvantage, Kimavi will notify you of the proposed changes by sending a message to your Kimavi® account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your account.
You may terminate this Agreement at any time by sending notice in writing to WAG Mobile Inc. at Redmond WA, 98052, USA confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have a Premium account, and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your content), will be irretrievably deleted by Kimavi, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Kimavi assumes no liability for any material that is irretrievably deleted following any termination of your account. Kimavi is not able to provide you with any .csv or other similar file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website.
23. Assignment to Third Parties
Kimavi may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Kimavi. You may not assign this Agreement or the rights and nsent of Kimavi.
25. Entire Agreement
26. Third Party Rights
27. Applicable Law and Jurisdiction
Except where otherwise required by the mandatory law of the United States:
(i) this Agreement is subject to the laws of the United States, and
(ii) you hereby agree, and Kimavi agrees, to submit to the exclusive jurisdiction of the courts in WA state, USA for resolution of any dispute, action or proceeding arising in connection with this Agreement.
- Our principles with respect to your information and your privacy
- The information we collect about you
How we use your information
- How we share your information
- Your choices with respect to your information
- How to contact us regarding privacy issues
29. Our Principles
We have a pretty simple approach to data protection and privacy, which can be summarized as follows:
30. You should know exactly what we do with your information
31. You should have full control over your information
We've designed the Website to give you control over the information you publish and share using Kimavi® and other sites and services to which you connect your Kimavi® account. Please take full advantage of these tools and make sure you only share what you want to share.
32. Information we collect about you
We collect information about you from various sources:
Information provided by you
You don't need to provide us with any personal data in order to visit the Website. However, certain Services do require that you register for a Kimavi® account and, by doing so, you will provide us with certain information:
- Essential information: When you register any kind of Kimavi® account, you will need to provide your email address, your month and year of birth, and choose a password. In addition, if you register a premium account, you will also need to provide your real name, address and payment verification information.
- Non-essential information: Your gender if you wish to provide it.
- Profile information: You may choose, at your discretion, to provide additional information for your public profile on Kimavi® – for example:
- your real name
- a user name (which may be your real name or a pseudonym)
- the city and country in which you live
- a profile picture or avatar
- information about how you categorize yourself with respect to your content
- details of your other websites and social media profiles, including links to those websites and profiles
None of this profile information is mandatory, and any information you do provide may be deleted, edited, changed or amended by you at any time. For more information, see the Choice and Control section below.
- Information from correspondence: You will provide certain personal data if you contact us by email, use any of the webforms on the Website, or contact us by mail, fax or other offline means.
- Survey information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.
- Information that you post: You may provide personal data when you upload content to the Platform, or when you post comments, or contribute to community discussions.
Information we collect automatically
There is certain information that we collect automatically as the result of your use of the Platform, or through the use of web analytics services as described in our Cookies Policy. This information includes:
- the Internet Protocol (IP) address of the device from which you access the Platform (this can sometimes be used to derive the country or city from which you are accessing the Platform)
- the site that you visited immediately prior to visiting the Website
- the specific actions that you take on the Platform, including the pages that you visit, streaming or downloading content, uploading content, connecting your Facebook or Google+ account, sharing a track with another user, following or unfollowing another user, joining or leaving a group, posting a comment, or performing a search
- any search terms that you may enter on the Website
- the time, frequency and duration of your visits to the Platform
- your browser type and operating system
- the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
- the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
- the nature of the device from which you are accessing the Platform, for example, whether you are accessing the Platform from a personal computer or from a mobile device
Information from other sources
33. How we use your information
We use the information that we collect about you for the following purposes:
Use of and interaction with the Platform:
- To operate and maintain your Kimavi® account, and to provide you with access to the Website and use of the Apps and any Services that you may request from time to time. Your email address and password are used to identify you when you log into the Platform.
- To identify you as the creator of the content that you upload, the comments that you post and/or the other contributions that you make to the Platform.
- To seek your participation in surveys, and to conduct and analyze the results of those surveys if you choose to participate.
- To provide you with technical support.
- To respond to you about any comment or enquiry you have submitted.
- To provide other users with data regarding people downloading their content.
- We use your month and year of birth to enable age restriction.
- Any additional information that you provide as part of your public profile, such as your real name, and links to your website and other social media profiles (but not your email address), will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Website, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about yourself.
- If you subscribe to a premium account, your name, address and payment verification information will be used to process your account subscription and to collect your payment. All payment verification information is transmitted using industry-standard SSL (Secure Socket Layer) encryption. Kimavi also complies with the Payment Card Industry Security Standards.
- Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications. For information about how to change your preferences, and to unsubscribe from newsletters, marketing messages and email notifications please see the Choice and Control section, below.
- If you are a Facebook or Google+ user, and one of your Facebook or Google+ friends registers for a Kimavi® account, we will suggest to your Facebook or Google+ friend that you might be someone they may wish to follow on Kimavi.
- If you are a Facebook or Google+ user and sign up using Facebook or Google+ , we may also use the information we receive about you from Facebook or Google to suggest or connect you to users that you may wish to follow on Kimavi®. It will be up to you if you choose to follow these users and you can unfollow them at any time.
Improving and customizing the Platform and advertising:
- To analyze the use of the Platform, and the people visiting the Website and using the Apps and Services, in order to improve Kimavi®.
- To show you ads on behalf of advertisers, we use information that you make available to us when you interact with the Platform. This allows us to show you ads that are more relevant and interesting to you. Please note that we do not share personal data with advertisers. Instead, advertisers pre-define a specific audience by certain generic criteria (e.g. the city of residence, the age range, or the number of followers of an unidentified user) for a specific ad campaign. If your profile matches these generic criteria, we may choose to display a suitable ad to you. We may also display ads based on the content that you have recently viewed or searched, however no personal data is used for such ads. We don't use any of your information to display ads across other websites to you.
- To customize your use of the Platform and/or the content of any email newsletter or other material that we may send to you from time to time.
For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.
34. Sharing of your information
- Other users: Any information in your public profile (other than your email address) will be accessible by other users of the Platform, who may view your profile information, view to and comment on any of your public content, add themselves to your list of followers, and send you messages. If you view any content uploaded by a premium user, the fact that you have viewed to those content will be shared with that premium user, so that they can track the popularity of their content. Similarly, if you comment on any content on the Platform, your comments will be available to all users of the Platform.
- With your consent: We will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.
- Service providers: We use certain reputable third parties, some of whom may be located outside of the US, to provide us with certain specialized services related to the Platform. These third parties will have access to certain information about you, but only where this is necessary in order for those third parties to provide their services to us. Where we transfer personal data to these third parties, we ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and to the extent necessary to provide their services to us.
- Users of our API: Kimavi has an open API, which enables application developers to integrate elements of the Platform into exciting new apps. Some of these developers may be located outside of the US. Any information that you choose to make public on the Platform, including your public profile information and any public content, may be accessible to these developers. Please bear this in mind when deciding what information to publish on your profile. For information on how to limit the information that is available over the API, please see the Choice and Control section below.
- Other networks and connected apps: If you choose to connect your Kimavi® account to other apps or social networks such as Facebook, Google+, Tumblr, LinkedIn or Twitter, you will be sharing certain information with these apps or networks. In the case of Facebook, Google+, LinkedIn, Tumblr or Twitter, any new public content that you post or view to on Kimavi® or any new favorites will be shared to those networks and will be visible to your followers and friends on those networks. In the case of connected apps, you will need to provide the app developer with full access to your Kimavi® account in order to upload and download content, or comment on, favorite or repost content from within the app. This will mean sharing your public information, plus access to your private content. Kimavi is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust. For information on how to control the information that your share, and how to disconnect your account from other networks or apps, please see the Choice and Control section below.
- As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.
- If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
- To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Kimavi® community.
- In the context of a business transfer: We may transfer your information to any person or company that acquires all or substantially all of the assets or business of Kimavi, or on a merger of our business, or in the event of our insolvency.
35. Cookies and similar technology
36. Choice and control
We do our best to give you as much choice as possible regarding the amount of information you provide to us, and the control you have over that information.
It is not necessary for you to provide us with any personal data in order to visit the Website, although certain information will be collected automatically by virtue of your visit (as described above). However, if you do decide to register a Kimavi® account, you can control your information in the following ways.
Check out the Email tab within your Settings page on the Website. When you are logged in to your account, you can access your Settings by clicking on your profile picture at the top of the screen, and selecting Settings from the drop down menu.
From the Email tab you can tell us:
- which email notifications (if any) you would like to receive from us; and
- any additional or alternative email addresses that you may wish us to use to communicate with you.
You can also turn off email notifications from the Account page within your Settings. This will immediately disable all email notifications, other than essential account notifications such as important service updates, reports of copyright infringement and other essential information relating to your account and your use of the Platform.
It is also possible to unsubscribe from email newsletters and notifications (other than essential account notifications) at any time by clicking on the link at the end of each email.
Sharing with other apps and networks
The Connections tab within your Settings on the Website enables you to control the information you share with other networks and applications. As well as selecting those of your social networks you wish to share to, you can also control access to other services and applications to which you have connected your Kimavi® account.
If you sign up for Kimavi® using your Facebook or Google+ account, your Kimavi® account and your Facebook or Google+ account respectively will be connected automatically. Information regarding the public content that you post, view or favorite on Kimavi®, will be shared with the connected Facebook or Google+ account. Content that you share with Facebook will appear on your timeline and in your Facebook friends’ newsfeeds. Content you share with Google will be seen by the people from your Google+ circles when they visit your Google+ profile, make relevant Google searches, on Google-served ads, and the services selected in your Google account settings. If you do not want this information shared with Facebook or Google, please change your Settings.
Sharing with app developers
Kimavi® has an open API, which allows third party developers to build some really cool apps as an extension of the Platform. If you would prefer that your contents are not made available to third party app developers, you can disable API access within the content page for each of the content that you upload. Click on the pencil icon in the waveform player, and uncheck the “Apps enabled” box at the bottom of the page. Please note that your public profile information will still be accessible, but this does not include anything that is not publicly available on the Website.
Information on how to block or disable cookies is included in our Cookies Policy.
You can use the settings within our iOS device or within the Android app to opt-out of analytics tracking and bug reporting. For the opt-out, if you are using our iOS app, go to the settings of your iOS device and open the Kimavi® tab. With an Android device you need to open the Kimavi® app and open the basic settings tab within. From there you can simply disable analytics and/or bug reporting to stop any analytics data or bug reporting information being sent from the app. Further information is available in our Cookies Policy.
Deleting your account
You can delete your account from the Account page within your Settings on the Website at any time. Please bear in mind that, if you delete your account, all data associated with your account, including the content that you have uploaded and the usage data associated with those content, will be deleted and may not be recoverable. You are therefore advised to copy or back up all content uploaded to your account before you delete your account.
Even if you delete your Kimavi® account, it is possible that your information may still show up in some internet search results for a short while afterwards, if the search engine maintains a temporary cache of web pages. Search engines' caching processes are outside of Kimavi’s control and therefore we cannot be responsible for any information that remains cached by search engines after that information has been removed from the Platform.
37. Access to your data
As described above, most of the personal data and other information you provide to us can be accessed and updated in the Settings page of your Kimavi® account. If you wish to access, amend or delete any other personal data we hold about you, or if you have any objection to the processing of any personal data that we hold about you, please contact us at Admin AT Kimavicom, or the address provided below.
If you ask us to delete your account (either via the Settings page or by email), we will do so within a reasonable period of time, but we may need to retain some of your personal data in order to satisfy our legal obligations, or where we have a legitimate reason for doing so.
38. International data transfers
Kimavi® is not intended for use by children. Anyone under the age of 13 is not permitted to use the Platform and must not attempt to register an account or submit any personal information to us. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately at Admin AT Kimavicom
WAG Mobile Inc. at Redmond WA, 98052, USA
III. Kimavi Cookies Policy
42. What are cookies?
Cookies are small text files that are placed on your computer by websites that you visit. These text files can be read by these websites and help to identify you when you return to a website. Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your computer when you have gone offline, while session cookies are deleted as soon as you close your web browser.
43. Kimavi Cookies
We use our own cookies to recognize you when you visit our website or use our apps. This means that you don’t have to log in each time you visit, and we can remember your preferences and settings.
Those cookies with one- or two-letter names (such as “a”, “c” or “w”) are Kimavi cookies.
44. Third Party Cookies
45. Google Analytics and Google Website Optimizer
Google cookies are those beginning “__ut”.
To opt out of this analysis by Google, please see the Opting out section below.
46. Google AdWords and Google Remarketing
We use the online advertising program Google AdWords and the Google Remarketing technology, both operated by the company Google Inc. ("Google").
For measuring conversion with Google AdWords, a conversion tracking cookie is placed when a user clicks on a Kimavi advertisement delivered by Google (“Ads”). Conversion tracking cookies expire after 30 days and are not used for personal identification. Google uses a different cookie for each Google AdWords customer and there is no consolidation of the cookie data with other data. If you click on one of our Ads and proceed to a page equipped with a conversion tag and the cookie has not yet expired, the conversion is documented. With the help of the conversion tracking cookie we see the total number of conversions and are able to review the performance of our Ads. You can find more information about Google AdWords.
When you click on one of our Ads, a Google Remarketing cookie is placed. This cookie helps to serve our Ads to you at a later time when you browse pages of the Google content network. Remarketing cookies expire after 30 days and are not used for personal identification. For more information on Google Remarketing, please see here.
Google cookies are those beginning “__ut”.
To opt out of personalized ad serving by Google, please see the Opting Out section below.
47. Similar Technologies
In addition to cookies, we also use the following standard Internet technologies in connection with your use of the Platform:
- Clear GIFs: We use “clear GIFs”, sometimes known as “web bugs”, which are small image files that we embed into our email newsletters. These clear GIFs tell us whether you opened the newsletter, clicked on any of the content or forwarded the newsletter to someone else. This provides us with useful information regarding the effectiveness of our email newsletters, which we can use to ensure that we are delivering information that is relevant to our users.
- Flash cookies: We use Flash cookies to synchronize information between multiple Kimavi® players. This ensures that one player is stopped when another player starts. We do not use Flash cookies for the purposes of collecting any personal data, and do not use Flash cookies to respond any cookies that you might previously have deleted.
- HTML5 local storage: We use HTML5 local storage to store your default learning data and, in the case of premium users, to set the community progress. If you access the mobile version of our website, we use HTML5 local storage to store certain cookie data, including your user plan, authentication data, your username and your display preferences. We do not use HTML5 local storage to collect any personal data.
48. Opting Out
We think it’s important that you are able to control the collection of personal data relating to your use of Kimavi®, and have therefore made sure that you can opt out of any personal data collection using cookies or other technologies as set out below. (Please note that you cannot opt out of our use of Flash cookies or HTML5 local storage as these are necessary for the technical operation of the platform. However, we do not use these technologies to collect any personal data.)
You can use the settings within your browser to control the cookies that are set on your computer or mobile device. However, please be aware that cookies are important to many aspects for the Platform – if you set your browser to reject cookies, you may not be able to enjoy all of the features of the Platform. To find out how to see what cookies have been set and how to reject and delete cookies, please visit http://www.aboutcookies.org.
• To opt-out of analysis by Google Analytics on our website and other websites, please visit http://tools.google.com/dlpage/gaoptout.
• To opt-out of personalized ad delivery on the Google content network, please visit Google’s Ads Preferences Manager.
Clear GIFs are included in our email newsletters. You can unsubscribe from our newsletters at any time by following the link in the newsletter itself, or by changing your email preferences within your Settings in your Kimavi® account.
Activity Tracking and Bug Reporting:
You can use the settings within our iOS device or within the Android app to opt-out of analytics tracking and bug reporting. For the opt-out, if you are using our iOS app, go to the settings of your iOS device and open the Kimavi® tab. With an Android device you need to open the Kimavi® app and open the basic settings tab within. From there you can simply disable analytics and/or bug reporting to stop any analytics data or bug reporting information being sent from the app.
49. Consent to Cookies and Similar Technologies
IV. Community Guidelines
• Respect others
• Create, upload and share
Kimavi enables you to express yourself through your content, and lets you share those content across the web. So, be creative, be expressive and let the world know how awesome you are. But remember – only share content that you have created yourself and have permission to share. If you are unsure whether you can upload something, check out our Copyright Information pages.
• Give us a link
Our widgets enable you to take tracks from Kimavi and embed them on other websites. This is really great, but we're picking up the bandwidth bill each month, so we'd really appreciate it if you could link back to us whenever you post Kimavi hosted content elsewhere on the web.
• Criticize, but do it constructively
Criticism can be really valuable, but only when it's done constructively. So, please share your opinions, but before posting anything, ask yourself "Would I appreciate receiving the same comment?".
• Upload things that aren't yours to upload
Uploading and sharing means you must always be 100% certain that you are the creator of what you're uploading, or have permission from all relevant rights holders. Anyone who repeatedly uploads other people's content risks having their account suspended or terminated. If you need more information about copyright, check out our Copyright Information pages.
• Use someone else's name
Kimavi usernames are allocated on a first come, first served basis. Please don't register accounts in the name of another person, or using someone else's trademark, even if this is meant as a tribute. If you feel that someone is impersonating you on Kimavi, or is infringing your trademark, you can tell us about it by sending an email.
• Rant, flame, troll or be an asshole
Kimavi is a social place but it's not the place for you to act outrage from other parts of your life. Don't let a personal issue strain the rest of the community. Inappropriate behavior, including abusive, defamatory, obscene, racist or offensive comments, will put you at risk of having your account suspended or terminated.
There's a fine line between promoting your content and spamming. The more you can make your messages and actions personal and relevant, the less likely you are to be reported for spam. Faking your own popularity, or using content or comments to promote other products or services can be considered as spam and isn't welcome on Kimavi.
52. If you break these rules
We take these rules seriously, and expect you to as well. If you break these rules we will take action. If we receive notification from a rights holder that any content, text or images in your account infringe their copyright, or if we believe that your behavior is inappropriate, we will send you a warning. If we have to send you more than two of these warnings, we will suspend your account. In the most extreme cases, we may suspend your account without warning.
53. Tell us about it
If you feel that someone is infringing your copyright, you can tell us about it.
Remember, we want Kimavi to be a community where everyone feels comfortable and respected - it's up to all of us to make sure this happens.
54. To Sum It Up
Basically, be nice, respect the law and think before you post. In most cases, we'll send you a warning before we take other measures and we'll always try to act reasonably. We think this is fair but if you don't agree, maybe Kimavi is not the place for you.
These guidelines have been written down to ensure that everyone within the community has the experience they want. We're not trying to set up rules and regulations for exactly how you should and shouldn't act but rather to make clear that this should be a place of respect between people and a place for responsible content posting. We hope you agree and understand. If you do, don't or have any other questions or comments please let us know.
The Kimavi Team