TERMS AND CONDITIONS
Last updated March 13, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Katinka Digital Ltd ("Company," "we," "us," "our"), a company
registered in Cyprus at 26 Anthypolochagou Georgiou M. Savva, Shop 1-2,
Paphos, Paphos 8201.
We operate the mobile application (the "App"), as well as
any other related products and services that refer or link to these
legal terms (the "Legal Terms") (collectively, the "Services").
You can contact us by email at info[at]katinkadigital.com or by mail to
26 Anthypolochagou Georgiou M. Savva, Shop 1-2, Paphos, Paphos 8201,
Cyprus.
These Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and Katinka
Digital Ltd, concerning your access to and use of the Services. You
agree that by accessing the Services, you have read, understood, and
agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH
ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Legal Terms from time to time. We will alert
you about any changes by updating the "Last updated" date of these Legal
Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal
Terms to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in
any revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
The Services are intended for users who are at least 13 years of age.
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Services. If
you are a minor, you must have your parent or guardian read and agree to
these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. SUBSCRIPTIONS
6. PROHIBITED ACTIVITIES
7. USER GENERATED CONTRIBUTIONS
8. CONTRIBUTION LICENSE
9. MOBILE APPLICATION LICENSE
10. THIRD-PARTY WEBSITES AND CONTENT
11. ADVERTISERS
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use
the Services. You may not use the Services in a way that would violate
the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in
our Services, including all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
in the Services (collectively, the "Content"), as well as the
trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws)
and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS"
for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive,
non-transferable, revocable license to:
access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access,
solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms, no
part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express
prior written permission.
If you wish to make any use of the Services, Content, or Marks other
than as set out in this section or elsewhere in our Legal Terms, please
address your request to: info[at]katinkadigital.com. If we ever grant
you the permission to post, reproduce, or publicly display any part of
our Services or Content, you must identify us as the owners or licensors
of the Services, Content, or Marks and ensure that any copyright or
proprietary notice appears or is visible on posting, reproducing, or
displaying our Content.
We reserve all rights not expressly granted to you in and to the
Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a
material breach of our Legal Terms and your right to use our Services
will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights you
give us and (b) obligations you have when you post or upload any content
through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality during which you may create, submit, post, display,
transmit, publish, distribute, or broadcast content and materials to us
or through the Services, including but not limited to text, writings,
video, audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material ("Contributions").
Any Submission that is publicly posted shall also be treated as a
Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting any Contributions, you
grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions
(including, without limitation, your image, name, and voice) for any
purpose, commercial, advertising, or otherwise, to prepare derivative
works of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media
channels.
This license includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade
names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us
Submissions and/or posting Contributions through any part of the
Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social
networking accounts, you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES"
and will not post, send, publish, upload, or transmit through the
Services any Submission nor post any Contribution that is illegal,
harassing, hateful, harmful, defamatory, obscene, bullying, abusive,
discriminatory, threatening to any person or group, sexually explicit,
false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral
rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to
you or that you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority to
grant us the above-mentioned rights in relation to your Submissions
and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and
you expressly agree to reimburse us for any and all losses that we may
suffer because of your breach of (a) this section, (b) any third party's
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms.
If we remove or edit any such Contributions, we may also suspend or
disable your account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Legal Terms; (4)
you are not under the age of 13; (5) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Services; (6) you will not access the
Services through automated or non-human means, whether through a bot,
script or otherwise; (7) you will not use the Services for any illegal
or unauthorized purpose; and (8) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Services (or any
portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep
your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled.
You consent to our charging your payment method on a recurring basis
without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. The length of your billing
cycle will depend on the type of subscription plan you choose when you
subscribed to the Services.
Cancellation
Subscriptions may be managed and auto-renewal may be turned off by going
to your third party account settings (such as iTunes, Google Play Store
or App Store) any time after purchase. Your cancellation will take
effect at the end of the current paid term. If you have any questions or
are unsatisfied with our Services, please email us at
info[at]katinkadigital.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will
communicate any price changes to you in accordance with applicable law.
6. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that
for which we make the Services available. The Services may not be used
in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt
to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related
features of the Services, including features that prevent or restrict
the use or copying of any Content or enforce limitations on the use of
the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in order to harass,
abuse, or harm another person.
Make improper use of our support services or submit false reports of
abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters
and spamming (continuous posting of repetitive text), that interferes
with any party's uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any
Content.
Attempt to impersonate another user or person or use the username of
another user.
Upload or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange
formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive collection
mechanisms" or "pcms").
Interfere with, disrupt, or create an undue burden on the Services or
the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making
up a part of the Services.
Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Services, or use or launch any
unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the
Services.
Make any unauthorized use of the Services, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise
use the Services and/or the Content for any revenue-generating endeavor
or commercial enterprise.
7. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the
Services, and other users of the Services to use your Contributions in
any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person
to enable inclusion and use of your Contributions in any manner
contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as
determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against a
specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or
rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
8. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services, you
automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial, advertising, or otherwise, and to prepare derivative works
of, or incorporate into other works, such Contributions, and grant and
authorize sublicenses of the foregoing. The use and distribution may
occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are
solely responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the
Services; and (3) to pre-screen or delete any Contributions at any time
and for any reason, without notice. We have no obligation to monitor
your Contributions.
9. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the
App on wireless electronic devices owned or controlled by you, and to
access and use the App on such devices strictly in accordance with the
terms and conditions of this mobile application license contained in
these Legal Terms. You shall not: (1) except as permitted by applicable
law, decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work
from the App; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the App; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for
any revenue-generating endeavor, commercial enterprise, or other purpose
for which it is not designed or intended; (6) make the App available
over a network or other environment permitting access or use by multiple
devices or users at the same time; (7) use the App for creating a
product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App
to send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an "App Distributor") to access the
Services: (1) the license granted to you for our App is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as applicable, and
in accordance with the usage rules set forth in the applicable App
Distributor's terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the App as specified in
the terms and conditions of this mobile application license contained in
these Legal Terms or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the App;
(3) in the event of any failure of the App to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the
purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you
represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the
US government as a "terrorist supporting" country and (ii) you are not
listed on any US government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when
using the App, e.g., if you have a VoIP application, then you must not
be in violation of their wireless data service agreement when using the
App; and (6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Legal Terms, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a third-party
beneficiary thereof.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the
Services or any Third-Party Content posted on, available through, or
installed from the Services, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the
Services and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware
these Legal Terms no longer govern. You should review the applicable
terms and policies, including privacy and data gathering practices, of
any website to which you navigate from the Services or relating to any
applications you use or install from the Services. Any purchases you
make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in
relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall
hold us blameless from any harm caused by your purchase of such products
or services. Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party
Websites.
11. ADVERTISERS
We allow advertisers to display their advertisements and other
information in certain areas of the Services, such as sidebar
advertisements or banner advertisements. We simply provide the space to
place such advertisements, and we have no other relationship with
advertisers.
12. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the
Services for violations of these Legal Terms; (2) take appropriate legal
action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Services or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Services.
13. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://katinkadigital.com/privacy. By using the Services, you
agree to be bound by our Privacy Policy, which is incorporated into
these Legal Terms. Please be advised the Services are hosted the United
States. If you access the Services from any other region of the world
with laws or other requirements governing personal data collection, use,
or disclosure that differ from applicable laws in the United States,
then through your continued use of the Services, you are transferring
your data to the United States, and you expressly consent to have your
data transferred to and processed in the United States. Further, we do
not knowingly accept, request, or solicit information from children or
knowingly market to children. Therefore, in accordance with the U.S.
Children's Online Privacy Protection Act, if we receive actual knowledge
that anyone under the age of 13 has provided personal information to us
without the requisite and verifiable parental consent, we will delete
that information from the Services as quickly as is reasonably
practical.
14. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,
WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil, criminal, and
injunctive redress.
15. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays,
or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
16. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of
Cyprus, and the use of the United Nations Convention of Contracts for
the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess
the protection provided to you by obligatory provisions of the law in
your country to residence. Katinka Digital Ltd and yourself both agree
to submit to the non-exclusive jurisdiction of the courts of Paphos,
which means that you may make a claim to defend your consumer protection
rights in regards to these Legal Terms in Cyprus, or in the EU country
in which you reside.
17. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy,
or claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or us (individually,
a "Party" and collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court
of Arbitration being part of the European Centre of Arbitration having
its seat in Strasbourg, and which are in force at the time the
application for arbitration is filed, and of which adoption of this
clause constitutes acceptance. The seat of arbitration shall be Paphos,
Cyprus. The language of the proceedings shall be English. Applicable
rules of substantive law shall be the law of Cyprus.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for
injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
18. CORRECTIONS
There may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Services at any time, without prior notice.
19. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE three (3) MONTH PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING OR $100.00 USD. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses,
made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Services; (3) breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these
Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Services with whom you
connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree
to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware
of it.
22. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular
routine backups of data, you are solely responsible for all data that
you transmit or that relates to any activity you have undertaken using
the Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Services, satisfy any legal requirement that such communication
be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
24. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on
the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise
or enforce any right or provision of these Legal Terms shall not operate
as a waiver of such right or provision. These Legal Terms operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity
and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between
you and us as a result of these Legal Terms or use of the Services. You
agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack of
signing by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact us at:
Katinka Digital Ltd
26 Anthypolochagou Georgiou M. Savva
Shop 1-2
Paphos, Paphos 8201
Cyprus
info[at]katinkadigital.com