If you do not agree with one or more of the clauses in our legal documentation, please do not use our services.
In order to use the service, you must:
• You may accept and sign (by implication) our legal documentation.
• You must be a resident of the country from which you are signing the contract.
The user also guarantees that all data provided to Kionec at the time of signing the contract is true, accurate and complete and undertakes to keep it true.
Amendments to the agreements
From time to time, we may, at our discretion, make changes to the Service and/or our legal documentation. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of Kionec after such changes, implies an express acknowledgement and acceptance of the changes.
Kionec retains ownership of the website, its code and its main functionalities. You may not assign, transfer or sub-license any of your rights under this License to any third party.
All Kionec trademarks, service marks, trade names, logos, domain names and all other features of the Kionec trademark are the exclusive property of Kionec. This License does not grant any right to use the trademarks, Kionec service marks, trade names, logos, domain names, or other features of the Kionec trademark, whether for commercial or non-commercial use.
The user agrees not to use the Kionec Service (including but not limited to its content) in any way that is not expressly provided for by these Conditions.
Third party software collections included in the Kionec Service are licensed according to the rules set forth in these Terms.
Store Owners content
Store Owners may post, upload and/or contribute ("post") content to the Service, including photographs, text and other content (“Content”), including products and their prices. You have the right to post any Content within the System and warrant that such Content or your use by us, as provided in these Agreements, will not violate these Agreements, applicable law, intellectual property or the rights of others. You hereby grant us an international, non-exclusive, transferable, sub-licensable, royalty-free, royalty-free license to any Content posted on, or in connection with, Kionec. The above license will be in effect until you suspend your Kionec account except in the case of content posted, made public or shared with others. In addition to the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Content posted on the Kionec service, except that, where applicable under the laws of your country, you agree to waive your right to be identified as the author of any Content on the Kionec service and your right to object to derogatory treatment.
Kionec does not monitor, review or modify the Content posted but reserves the right to remove or disable access to it for any reason, including, but not limited to, Content that, in our sole discretion, violates these Agreements. Kionec may take such action without prior notice to you. Removal or disabling of access to the Content in question will be at our sole discretion, and we cannot guarantee the removal or disabling of any Content that violates these Agreements.
Kionec is not responsible for the Content posted and does not endorse any opinion contained therein. If you believe that any Content infringes any intellectual property rights, please contact us using the firstname.lastname@example.org.
Kionec respects intellectual property rights and expects users to do the same. Kionec has established some basic rules that users should follow when using the Service to ensure that Kionec remains a service that everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:
• copy, redistribute, reproduce, "extract", record, transfer, perform or publicly display, transmit or make available to the public any part of the Kionec Service or Content, or alternatively make any use of the Kionec Service or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the Kionec Service, Content or any part thereof;
• use the Kionec Service to import or copy local files for which you do not have the necessary legal rights to do so;
• reverse engineer, decompile, disassemble, modify or create derivative works based on the Kionec Service, Content or any part thereof, except as permitted by applicable law;
• circumvent any technology used by Kionec, its licensors or other third parties to protect Content or Service;
• sell, rent, subcontract or lease any part of the Kionec Service or Content;
• circumvent any territorial restrictions applied by Kionec or its licensors;
• remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the Kionec Service (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
• crawl within the Kionec Service, or use other automated means (including bots, scraper and spiders) to collect information from Kionec;
Please respect Kionec, the owners of the Content and other users of Kionec. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:
• offensive, disparaging, defamatory, pornographic, threatening or obscene;
• illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of Kionec or any third party;
• malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Service;
• conceived or capable of causing disturbance or harassment to other users;
• capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
• which uses automated means to artificially promote content;
• which involves the transmission of unsolicited mass messages or other forms of spam ("spam"), junk mail, chain letters or the like, including through the inbox of Kionec;
• that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorised by Kionec;
• that connects, refers to or otherwise promotes commercial products or services, unless expressly authorised by Kionec;
• that interferes with or in any way disrupts the Kionec Service, tampers with, violates or attempts to probe, examine or vulnerability test the Kionec Service or computer systems or network, rules of use or any other security component, authentication measure or other Kionec protection measure applicable to the Service, Content or any part thereof;
• that causes conflicts with the Agreements, as determined by Kionec.
Additionally, adding a store into the website, the store owner properly understands and agrees that he is the effective owner of the business and that he is not publishing that store and its inherent products for anyone else.
You understand and agree that the publication of such User Content may result in the immediate termination or suspension of your Kionec account. You also agree that Kionec may recall your username for any reason.
We do not directly store your password in our databases, but we use third-party services such as Facebook or Google as a bridge to access them. We are therefore not responsible for the storage or protection of the access data of individual users.
Payments & Refunds
Any store owner has the chance to pay for our services (store and products uploading & hosting) using major credit cards or a PayPal account. In any case, using a determined method of payment, the store owner expressly demonstrates to be the effective owner of that method or to have the full rights to use it.
Inherently to refunds, we will concede a full reimbursement in case of issues occurred during the entire process.
Limitations and Service modifications
Kionec will make reasonable efforts to keep the Kionec Service operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, Kionec reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the Kionec Service, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the Kionec Service or other related functions. @@@
Termination and cancellation
The Agreements will remain in force until terminated by the user or Kionec. However, the user understands and agrees that Kionec may at any time suspend or completely deny access to the services to any user, without any written notice.
Warranty and disclaimer
KIONEC TRIES TO PROVIDE THE BEST POSSIBLE SERVICE, BUT THE USER UNDERSTANDS AND AGREES THAT THE KIONEC SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR EXPRESS OR IMPLIED STATUS OF ANY KIND. YOU USE KIONEC SERVICE AT YOUR OWN RISK. TO THE MAXIMUM LIMITS LAID DOWN BY APPLICABLE LAW, KIONEC AND ALL CONTENT OWNERS DO NOT PROVIDE ANY INSURANCE AND DENY ANY WARRANTY OR SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KIONEC AND THE CONTENT OWNERS DO NOT WARRANT THAT IN ANY WAY THE KIONEC SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, KIONEC DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, AFFIRM OR ASSUME THE RESPONSIBILITY OF ANY APPLICATION OF THIRD PARTIES (OR ITS CONTENT), USER CONTENT OR OTHER PRODUCTS OR SERVICES PUBLISHED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE KIONEC OR A WEBSITE LINKED THROUGH HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT KIONEC IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUPPLIERS THIRD PARTIES OF APPLICATIONS OR THIRD-PARTY PRODUCTS OR SERVICES PUBLISHED ON OR THROUGH KIONEC SERVICE. IN THIS RESPONSE, NO ADVICE OR INFORMATION PROVIDED FOR ORAL OR WRITTEN BY THE USER TO KIONEC WILL CONSTITUTE ANY FORM OF WARRANTY FOR KIONEC. IF PROHIBITED BY APPLICABLE LAW, SOME ASPECTS OF THIS SECTION CAN NOT APPLY TO CERTAIN JURISDICTIONS.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY AND SOLELY REMEDY FOR ANY PROBLEMS OR DISSATISTS WITH THE KIONEC SERVICE CONSISTS IN UNINSTALLING THE KIONEC SOFTWARE AND STOPPING USING THE KIONEC SERVICE. EVEN IF KIONEC DOES NOT ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH THESE THIRD PARTY APPLICATIONS MAY BE ADJUSTED BY SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, TO THE EXTENT PERMITTED BY LAW ONLY AND ONLY REMEDY OFFERED BY KIONEC FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSIST IN UNINSTALLING AND / OR STOP USING THESE THIRD-PARTY APPLICATIONS.
IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIONEC AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, BRANCHES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS MAY BE CONSIDERED LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES , PUNITIVE, EXEMPLARY OR CONSEQUENT; (2) ANY LOSS OF USE, DATA, BUSINESS OR USEFUL (DIRECT AND INDIRECT).
Severability and waiver
Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.
Any failure by Kionec or third party beneficiaries to enforce the Agreements or related clauses shall not void Kionec's or third party beneficiary's right to do so.
Kionec may assign the Agreements or any part thereof, and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Kionec harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the Kionec Service; and (4) your violation of any law or the rights of any third party.
Kionec operates in full accordance with the applicable laws of Australia. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of the Australia.
If you have any questions about the Kionec Service or Agreements, please contact us at email@example.com.