Terms of service.
LAST UPDATED 5TH NOVEMBER 2024
We are KÍMA OFFICIAL LIMITED ("Company," "we," "us," "our"). Our operations, as well as any other related products and services that refer or link to legal terms (the "Legal Terms") (collectively, the "Services"). You can contact us by email at contact@kima-official.com.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and KÍMA OFFICIAL LIMITED, 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 at any time and for any reason. 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. We recommend that you print a copy of these Legal Terms for your records.
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.
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 Kingdom 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: contact@kimaofficial.com. If we ever grant you 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 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 acknowledgement or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services 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 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; warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions.
3. 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:
a. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our express written permission.
b. 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.
c. Use a buying agent or purchasing agent to make purchases on the Services.
d. Use the Services to advertise or offer to sell goods and services.
e. 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.
f. Engage in unauthorized framing of or linking to the Services.
g. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
h. Make improper use of our support services or submit false reports of abuse or misconduct.
i. Use the Services in a manner inconsistent with any applicable laws or regulations.
j. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
k. Use the Services in a way that could disable, overburden, damage, or impair the Services, or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.
4. 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 or through 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 in accordance with the Services' Privacy Policy.
By posting any Contributions on or through the Services, you represent and warrant that:
a. 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.
b. You are the creator of or have the necessary licenses, rights, consents, 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.
c. 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.
d. Your Contributions are not false, inaccurate, or misleading.
e. Your Contributions do not violate any applicable law, regulation, or rule.
f. Your Contributions do not violate the privacy or publicity rights of any third party.
g. Your Contributions do not contain any material that is defamatory, obscene, abusive, offensive, harassing, violent, or otherwise objectionable.
h. Your Contributions do not contain any malware or other malicious code.
i. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other form of solicitation.
j. Your Contributions are not used to harass or threaten any other person and to promote any illegal or harmful activity or substance.
5. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you grant us a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Contributions in any and all media, formats, and channels, including for promotional and marketing purposes.
The license you grant us is non-exclusive, worldwide, perpetual, irrevocable, and fully sublicensable and assignable. You waive any and all moral rights in and to your Contributions, and you warrant that you have the right to grant the license granted above.
6. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Services) 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. 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 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 review and agree to the applicable terms and policies of any third party before engaging in any transaction.
7. MANAGING YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices. You agree to accept responsibility for all activities or actions that occur under your account, whether your password is with our Services or a third-party service.
If you become aware of any unauthorized use of your password or account, you must notify us immediately. We reserve the right to suspend or terminate your account at any time, for any reason, including if we suspect that you have violated these Legal Terms.
8. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing your account, as well as data regarding your use of the Services. Although we perform regular 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.
9. TERMINATION
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including, without limitation, a breach of these Legal Terms.
If you wish to terminate your account, you may simply discontinue using the Services.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless KÍMA OFFICIAL LIMITED and our affiliates, licensors, and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs,and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of these Legal Terms or your use of the Services, including, but not limited to, your Contributions, any use of the Services' content, services, and products other than as expressly authorized in these Legal Terms, or your use of any information obtained from the Services.
11.LIMITATIONS OF LIABILITY
To the fullest extent permitted by applicable law, in no event will KÍMA OFFICIAL LIMITED, our affiliates, or our licensors, service providers, employees, agents, officers, or directors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
a. Your access to or use of, or inability to access or use, the Services;
b. Any conduct or content of any third party on or in connection with the Services;
c. Any content obtained from the Services; and
d. Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
If you are a resident of a jurisdiction that does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.
12. GOVERNING LAW
These Legal Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Legal Terms shall be brought exclusively in the courts of England and Wales.
If any provision of these Legal Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Legal Terms will remain in full force and effect.