END USER LICENSE AGREEMENT (EULA)
Latest Revisions May 5th 2017
READ CAREFULLY: This App License Agreement (“Agreement”) including computer App Application and associated documentation named Kompetes hereinafter referred to as the (“App“), is the Agreement which governs the use of the App by Kompetes, and www.kompetes.com and its subsidiaries hereinafter referred to as the (“Company “). By downloading, installing, copying, or otherwise using the App, you are hereinafter referred to as the (User) agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install the App.
User acknowledges that the App is downloadable through the Apple Store but that the EULA is concluded between Kompetes and not with Apple, and Kompetes, not Apple, is solely responsible for the Licensed Application and the content thereof.
- COPYRIGHT and INTELLECTUAL PROPERTY RIGHTS:
The App downloadable at www.kompetes.com at is protected by Universal DMCA NOTICE laws and international treaties, as well as other intellectual property laws and treaties. The App as is not sold, and instead is only licensed for your use, strictly in accordance with this Agreement. This Agreement sets forth the terms and conditions of the App. You and the end-user must acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
- LICENSE TO USE WEBSITE
2.1 Unless otherwise stated, Kompetes™ and/or its licencors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
2.2 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
2.3 Restricted access: Access to certain areas of Kompetes digital properties is restricted. Kompetes™ reserves the right to restrict access to areas of this website/mobile application, or indeed this entire website/mobile application, at Kompetes™ administration’s discretion.
2.4 If Kompetes™ provides you with a user ID and password to enable you to access restricted areas of this website/mobile application or other content or services, you must ensure that the user ID and password are kept confidential.
Kompetes™ may disable your user ID and password in Kompetes™ sole discretion without notice or explanation.
- ACCEPTABLE USE
3.1 You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution].
3.2 Where content is specifically made available for redistribution, it may only be redistributed in its original form and according to the terms under which it was provided to you.
3.3 You must not use the Kompetes website or mobile application in any way that causes, or may cause, damage to or impairment of the availability or accessibility of the website and mobile application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3.4 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer App.
3.5 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website or mobile application without the express written consent of Kompetes™ administration.
3.6 You must not use this website or mobile application to transmit or send unsolicited commercial communications.
3.7 You must not use this website or mobile application for any purposes related to marketing without express written consent of Kompetes™ administration.
3.8 You must not distribute the Company’s App files either in original or modified formats.
3.9 User shall not resell, rent, lease, assign, sub license or share any App files licensed to it by Company.
3.10 User shall not share, release, or in any other way disclose access codes, passwords, or other information used in or for the dissemination of App files licensed by Company.
3.11 User agrees to exercise due diligence and maintain safeguards on all App files licensed to it by Company.
User shall notify Company immediately of any unauthorised distribution of Company’s licensed material.
3.12 User agrees that all information it provides to Company in obtaining the license to use said App files is complete and not misleading in any material respect.
- OUR POLICY ON USER GENERATED CONTENT
4.1 “Your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
4.2 You grant to Kompetes™ a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Kompetes™ the right to sub-license these rights, and the right to bring an action for infringement of these rights.
4.3 In our capacity as owner and manager of the Kompetes website, we have the right in our sole discretion, to object to or refuse to, post any project or contest or content that breaches our Terms, or content we may find objectionable. Removal will be immediate with a 24-hour period of discovering content violation. The User may wonder what the objections may be; we have listed below what we consider distasteful:
- shall “not be fraudulent, misrepresent, mislead or pertain to the sale of any illegal, counterfeit, stolen goods and / or services; and
- shall not pertain to good, services of which you are not the lawful owner or you do not have the authority or consent to ‘list’ which do not belong to you or you do not have the authority for; and
- shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party; and
- shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party; and
- shall not be obscene, contain pornography or contain “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
- shall not distribute or contain spam, multiple / chain letters, or pyramid schemes in any of its forms; and
- shall not distribute viruses or any other technologies that may harm itsfreeads.com or the interests or property of itsfreeads.com users or impose an unreasonable load on the infrastructure or interfere with the proper working of itsfreeads.com; and
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
- shall not be placed in a wrong category or in an incorrect area of the site; and
- shall not be placed in any other itsfreeads.com site except on the site that relates to the city in which you are located; and
- k) Shall not list or post or pertain to information that is either prohibited or restricted under the laws of the Republic of India and such listing
- DISCLOSURE OF ACCOUNT INFORMATION
You acknowledge consent and agree that Kompetes.com., may disclose your account information and content if required to do so by law or disclosure is necessary to: (a) be compliant with a legal action; (b) enforcement of our Terms; (c) respond to DMCA claims; (d) for customer service requests; or (e) protect the rights of Kompetes.com. Users and the public.
- HOW WE OPERATE
Entry into the competition will be deemed as acceptance of proposed terms and conditions.
6.1 Personal Information: As a User tour website you must first register and open an account. You will be asked for a username and password. You will handle keeping your information private as we cannot and will not be held liable for any misconduct in your account or payment being erroneously sent to the wrong person. If we think any activity on your account is suspicious, we will reserve the right to hold your payment on any funds owed to you.
6.2 No Responsibility: Kompetes™ is not responsible for who does or does not win each competition, as terms and conditions will be individualized to each posted or proposed competition or contest and posted with such. No responsibility can be accepted for entries not received for whatever reason.
6.3 Eligibility: Employees of Kompetes™ or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
6.4 The rules of the competition and the prize for each winner will be stated separately with each proposed competition or contest.
6.5 The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
6.6 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
6.7 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
6.8 The competition and these terms and conditions will be governed by U.S. law and any disputes will be subject to the exclusive jurisdiction of the courts of the United States.
- SUPPORT SERVICES
Company will use reasonable efforts to provide User with maintenance and support for the App in accordance with its standard practices (as amended from time to time, Support Services). The current support policy is provided at: http://www.Kompetes.com shall have no obligation to support any version other than the then current and immediate prior version of the Licensed Products.
Users who encounter abusive or inappropriate content on the Kompetes™ website or mobile application should contact the Kompetes administrative team via email at firstname.lastname@example.org or by using the web contact form found at https://www.kompetes.com/contact-us/
Kompetes™ offer 24-hour support, so you should rest assured that your feedback and concerns will be addressed as quickly as possible. Inquiries and complaints will be answered in the order in which they were received, and in most cases, you will receive our reply in 24 hours or less.
The Company hereby warrants that it has the legal right to license all App files it makes available to the general public. This warranty is a condition upon the use of said App files within the parameters contained within this license agreement.
This website/mobile application is provided “as is” without any representations or warranties, express or implied. Kompetes™ makes no representations or warranties in relation to this website or the information and materials provided on this website/mobile application.
Without prejudice to the generality of the foregoing paragraph, Kompetes™ does not warrant that:
- this website/mobile application will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website/mobile application constitutes, or is meant to constitute, advice of any kind. This digital platform is intended solely for entertainment purposes. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
You hereby indemnify Kompetes™ and undertake to keep Kompetes™ indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Kompetes™ to a third party in settlement of a claim or dispute on the advice of Kompetes™ legal advisers) incurred or suffered by Kompetes™ arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
- LIMITATIONS OF LIABILITY
10.1 Kompetes™ will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/mobile application:
- to the extent that use of the website and mobile application is provided free-of-charge, for any direct loss; and
- any indirect, special or consequential loss; and
- any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Kompetes™ has been expressly advised of the potential loss.
Nothing in this website/mobile application disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Kompetes™ liability in respect of any:
- death or personal injury caused by Kompetes™ negligence;
- fraud or fraudulent misrepresentation on the part of Kompetes™, or
- matter which it would be illegal or unlawful for Kompetes™ to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website/mobile application, you agree that the exclusions and limitations of liability set out in this website/mobile application disclaimer are reasonable. If you do not think they are reasonable, you must not use this website/mobile application.
10.4 Other parties
You accept that, as a limited liability entity, Kompetes™ has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Kompetes™ officers or employees in respect of any losses you suffer in connection with the website/mobile application.
10.5 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website/mobile application disclaimer will protect Kompetes™ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Kompetes™.
- INJUNCTIVE RELIEVE
User agrees that in the event of misuse of licensed App files under this agreement, the Company shall be entitled to immediate injunctive relief without the requirement of posting bond. User agrees that by the nature of the licensing of materials mentioned herein irreparable injury to the Company or its App file libraries could be caused by improper use and that such injury may not be adequately compensated under normal damages.
- GOVERNING LAW
This agreement shall be governed by and interpreted in accordance with the laws of the United States. Both parties hereby agree that any action by either party to enforce any of the terms or conditions of this agreement shall be brought in the United States. Company and User agree that the prevailing party in such action shall be entitled to receive, in addition to any other relief, which might be granted by the court having jurisdiction over the action, reasonable attorney’s fees and costs.
- ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between you and Kompetes™ in relation to your use of this website/mobile application, and supersede all previous agreements in respect of your use of this website/mobile application.
Company and User agree that this instrument constitutes the entire agreement between the parties and cannot be modified except by written instrument signed by the parties hereto.
If any provision of this website/mobile application disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Phone: +44 7736 466095
Address: Kompetes Ltd
71-75 Shelton Street, London WC2H 9JQ