THE FOLLOWING TERMS AND CONDITIONS OF USE (“ToU”) APPLY TO ANY AND ALL APPLICATIONS, BOOK APPLICATIONS, CONTENT AND PROGRAMS, ASSOCIATED WITH THE TRADENAME “KUAKOMEKIKI”, THAT IS PRESENTED ON OR/AND INSTALLED IN A COMPATIBLE PERSONAL COMPUTER OR A COMPATIBLE MOBILE DEVICE SUCH ARE SMARTPHONES, TABLETS ETC (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “APPS” AND EACH ONE AS THE “APP”) AND SHOULD BE READ CAREFULLY BEFORE ANY ACCESS, DOWNLOADING AND USE BY ANY USER (REFERRED TO AS “YOU” OR THE “USER”) OF THE WEBSITE http://www.kuakomekkiki.com (THE “WEBSITE”) AND THE BOOK APPS PUBLISHED, OWNED AND MANAGED BY THE COMPANY WITH THE TRADE NAME “KUAKOMEKIKI PC” BASED IN GREECE – 9B CHLOIS Str. NEO IRAKLIO (ALSO REFERRED TO AS “US”, “WE” or “OUR”).
1. Application of Terms & Conditions of Use
Our company creates and publishes electronic book apps. Book Apps (short for Book Applications) are in a nutshell digital books. That is, books in a non-print format, read via electronic devices such as tablets or smartphones. Our Apps are interactive and created with a special care for the small children and contain text, dialogues, drawings and illustrations specifically for the age category 3-5. Our Apps contain exclusively non-offensive material suitable for the tender ages.
You explicitly agree that by accessing and using the Website and by downloading, installing and using any App, you accept and agree with the present ToU as set herein below or/and as amended at any time later. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website and our Apps. If you are not capable or legally allowed of accepting these ToU you should not use our Website and the Apps in any way, without a prior due consent from a competent parent or guardian.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you should not access our Website and our Apps.
2. System Requirements
In order to use the Apps, you are required to have a compatible mobile electronic device (phone or tablet), internet access, and the following necessary minimum specifications: mobile phone or tablet or handheld device running on iOS or Android operating systems. a) For Android devices: Android OS 4.0 or later, 1GB RAM and medium or large size screen (Optimal screen size ratio 4:3). The apps DO NOT function in small screens. b) For iOS devices: iOS 7 or later, iPhone 4S or later, iPad 2 or later, iPod 5th generation or later. Best viewed on an iPad. Your device must be able to support English [US](primary) and/or Greek [EL](secondary) languages. Any fees you may pay for the purchase of any App do not include mobile data charges. If you are using the Apps through a mobile device registered with a local mobile telephony operator you should be aware that you may be charged a) for the mobile data used to download the App(s) and b) for any local taxes associated with the purchase of the App(s) through the Internet.
3. Privacy and Security
We will not store, collect or uphold any personal information – sensitive or general – except only in the case of User’s registration in our Newsletter Service, in which case the User is required to submit a valid e-mail address, his or her sex, year of birth (required fields) as well as a name, the country he or she lives and general comments (optional fields).
By accessing and using the Website and installing and using our Apps you certify that you are an adult person or at least an underage person who has been granted due consent by a competent parent or guardian beforehand in order to access and use the Website, provide personal data (as name and email address) and download the Apps and its Content.
We make no warranty that our Website, the App(s) and all related services and material will be uninterrupted, timely or error-free. In any case of Website and App(s) dysfunction we will take all reasonable measures to restore them and, in addition, we may occasionally need to carry out repairs, maintenance procedures or introduce new facilities and functions. In no case will we be held responsible for the malfunction of any App in any possible way, other than allow you to download a new copy of it. Your access to the Website and any App may be suspended or withdrawn in case you breach these ToU.
Please mind that you are using the Website and the Apps on your own risk. We cannot guarantee that the Website and our Apps will be compatible with all hardware and software which you may use. We shall not be liable for damage to or viruses or any other malicious code that might affect any equipment (including but not limited to your computer, mobile device or tablet), software, data or other property as a result of any download, installation, access to or use of the Website and the Apps by you or through obtaining any material from, or as a result of using, the Website and the Apps. We shall also not be held liable in relation to the actions of any third parties.
4. IP rights and Use of the App
In order to use the Apps we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and download the App(s), which provided hereon for your exclusively personal, non-commercial use and provided that you fully comply with the present ToU.
Our Website and Apps and all their content and material used remain the exclusive property of our company “KUAKOMEKIKI PC”, unless otherwise stated. All information, drawings, pictures, sketches, voices, texts, dialogues, code and software, photos, videos, graphics, music, sounds, questions and answers, suggestions, comments, feedback, ideas, recipes, notes, articles and all other materials including but not limited to the design, structure, selection, coordination, expression, “look and feel” (hereinafter collectively referred as the “Content”) and the arrangement of such Content that may be subject to IP rights are protected by copyright, patent, trademarks, trade secrets and/or other proprietary Law, rights in any form, media and technologies existing now or hereafter developed. All Content is copyrighted under the Greek and the E.U. copyright laws (and, if applicable, similar foreign laws). All trademarks and IP rights related to this App are either ours or belong to the indicated owners. You may not alter, resell, publish, distribute or in another way exploit the Content or any part of it, without our explicit prior written consent.
By installing and using the App and its Content, you certify that you’re an adult person or, otherwise, you have been granted due consent by a competent parent or guardian.
You shall not in any way use the App and any of its Content in any way that:
i) is in breach of any law, statute, regulation or bylaw of any applicable jurisdiction(s),
ii) it is fraudulent, criminal or unlawful;
iii) It may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or in any way harass any other user or person associated to this App.
iv) impersonates any other person or body or misrepresents a relationship with any person or body;
v) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights and broadcasting rights) or privacy or other rights of us or any third party;
vi) may be contrary to our interests;
vii) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors or any computer programming routines that are intended to damage, alter, intercept or expropriate any electronic system, data or personal information.
Anything transmitted or posted by the users in the Website, the Apps and its message or/and forum features, if any, shall not create any liability on us. In such case we will have the right to terminate the account of the offending user and share its personal data with any competent public authority legally requests us so. Under no circumstances we may be held liable in any way for any moral or physical damage caused to users by the content transmitted by other users of this App.
5. Links and Third Party Websites and Apps
In addition you are not entitled to:
a) use or copy the Content and generally any material from our Website and Apps onto other websites or in other mobile applications or in any other electronic presentation, or
b) frame our Website and Apps or any part of it onto your own or another person’s website or mobile application or any other electronic presentation.
Furthermore we are not liable for your purchase of any services, products or services sold by third parties advertised or linked in our Website and the Apps. We may host a link to third party’s mobile app, website or even the physical shop but these parties will be solely liable against you for any transaction between you and them. You explicitly acknowledge that we do not have any participation and liability against you when you reach and transact with these third party sellers.
6. Disclaimers of Warranties - Limitation of Liability
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
YOU KNOWINGLY AND FREELY ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF OUR WEBSITE AND THE APPS. THE WEBSITE AND THE APPS ARE PROVIDED “AS IS,” AND “AS AVAILABLE”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ARTISTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, CONTENT PROVIDERS AND ASSIGNEES) SHALL NOT BE LIABLE FOR ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE APP THE WEBSITE AND THE RELATED SERVICES AS WELL AS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR/AND THE APPS; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR/AND THE APPS OR ANY WEBSITE OR/AND APPS LINKED TO THIS WEBSITE OR/AND APPS, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE OR/AND THE APPS; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE OR/AND THE APPS; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE OR/AND THE APPS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU REGARDING ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR DOWNLOADING THE APPS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE AND THE APPS, OR WITH ANY OF THESE ToU, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND THE APPS. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. IF WE ARE HELD LIABLE TO YOU IN A COURT OF COMPETENT JURISDICTION FOR ANY REASON, IN NO EVENT WILL WE BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF TEN EUROS (€10,00) OR THE FEE PAID FOR THE APP, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE UNDER THIS AGREEMENT, AT LAW AND/OR IN EQUITY.
NEITHER WE (KUAKOMEKIKI PC), ANY OF OUR CONTENT PROVIDERS, ARTISTS AND AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE AND THE APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR/AND THE APPS IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CAUSED TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR TABLET OR LOSS OF ANY DATA RESULTED FROM DOWNLOADING ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THE WEBSITE OR/AND THE APPS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE ToU.
7. Governing Law and Choice of Forum – Severability
The present ToU shall be governed by and construed in accordance with the laws of Greece, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website and the Apps or these ToU shall be filed only in the courts located in Athens, Greece and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such action.
8. Miscellaneous Terms
If any provision of these ToU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights and obligations under these ToU. These ToU will inure to the benefit of our successors, assigns and licensees. The failure of either party of this agreement to insist upon or enforce the strict performance of any provision of these ToU or to exercise any right under the ToU will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
The App may be terminated at any time. Upon any termination your obligations, rights and licenses granted to you herein regarding the Content shall not be terminated unless you has already deleted the App(s) from your electronic devices. In such case we will not be liable for your inability to re-download or re-install it .
We reserve the right, at our sole discretion, to modify or replace these ToU at any time. If a revision is material we will try to provide at least 30 days’ prior notice on our Website. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms or you would like a copy of it, please contact us at firstname.lastname@example.org.
Effective as of November 1st, 2015