The following terms and conditions (“Agreement”) govern all use of services offered by Kodesi IMG DOO (“Company” or “We”) including (but not limited to) digital content, digital products, websites, mobile applications and the associated use of our backend infrastructure (collectively referred to as “Services”).
By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services.
Subject to the terms of this Agreement, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable limited right to access, download, where applicable install, and use the Services for your own personal, non-commercial purposes strictly in accordance with this Agreement. You must only use, download, install or access the Services on devices owned or otherwise controlled by you.
You shall use our Service's in accordance with the terms of the related Agreements and shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any Services; (2) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services; (3) violate any applicable laws, rules or regulations in connection with your access or use of the Services; (4) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Our Services allow you to upload to your account, post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are responsible for the User Content that you post on or through our Services, including its legality, reliability, and appropriateness.
By posting User Content on or through our Services, You represent and warrant that: (i) the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) all of your User Content does and will comply with this Agreement.
You retain any and all of your rights to any User Content you submit, post or display on or through our Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for User Content you or any third party posts on or through our Services. However, by posting User Content using our Services you grant us the right and license to use, modify, perform, display, reproduce, and distribute such User Content on and through our Services.
Your use of our Services must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. This means all User Content created, transmitted, stored or displayed in your account, is your sole responsibility as the person who created the Content or introduced it into our Services. This applies whether the Content is kept private, shared or transmitted using the Service or any third-party application or service integrated with our Services. If we find that any shared User Content in your account violates our Terms (including by violating another person’s intellectual property or privacy rights), we reserve the right to un-share or take down such content.
Company may from time to time in its sole discretion develop and provide updates of our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your Devices are connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that our Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of our Services and be subject to all terms and conditions of this Agreement.
We respect the intellectual property rights of others and take claims of copyright infringement seriously. If you believe that material located on or linked to by our Service violates your copyright, you are encouraged to notify us. Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Company will terminate a visitor’s access to and use of our Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Company or others. In the case of such termination, Company will have no obligation to provide a refund of any amounts previously paid to Company.
Our Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Company may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. Company reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in our sole discretion. If you wish to terminate this Agreement you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided “as is” and with all faults and defects without warranty of any kind. Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Company nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you access, or otherwise obtain content or services through, our Services at your own discretion and risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES OR THE CONTENT AND SERVICES FOR:
• PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
• DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of our Services or your breach of this Agreement, including but not limited to the content you submit or make available through our Services.
If you have any questions about this Agreement or our other policies and Terms & Conditions, please contact us at email@example.com