1.1 Use of KyMaLabs products, web sites and services (referred to as the "Services") is subject to the terms of a legal agreement between you and KyMaLabs, LLC. "KyMaLabs" means KyMaLabs LLC. This document explains the makeup of the agreement, and the terms of that agreement.
1.2 Unless otherwise agreed in writing with KyMaLabs, your agreement with KyMaLabs will always include the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 In addition to the Universal Terms, Your agreement with KyMaLabs will also include the terms of any Legal Notices applicable to the Services. All of these are referred to below as "Additional Terms". Where Additional Terms apply to a Service, these will be accessible, specific to, and via that Service.
1.4 The complete terms, made of The Universal Terms and the Additional Terms, form a legally binding agreement between you and KyMaLabs in relation to your use of the Services. This legal agreement is referred to below as the "Terms".
1.5 Any contradiction between the Additional Terms and the Universal Terms are resolved with the Additional Terms taking precedence in relation to that Service.
2.1 To use the Services, you must agree to the Terms. You may not use the Services if you do not agree and accept the Terms.
2.2 You can accept the Terms by:
(A) clicking the 'I Agree' button to accept or agree to the Terms, where this option is made available to you by KyMaLabs in the user interface for any Service; or
(B) by actually using the Services. Use of the Services implies acceptance of the Terms.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with KyMaLabs, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3.1 Where KyMaLabs has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with KyMaLabs.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4.1 KyMaLabs uses services provided by Google, Inc and other companies. Sometimes, these companies will be providing the Services to you on behalf of KyMaLabs itself. You acknowledge and agree that these companies will be entitled to provide the Services to you.
4.2 You acknowledge and agree that the form and nature of the Services which KyMaLabs provides may change from time to time without prior notice to you.
4.3 You acknowledge and agree that KyMaLabs may stop providing the Services (or any features within the Services) to you specifically or to users generally at KyMaLabs' sole discretion, without prior notice to you, and for any reason. You may stop using the Services at any time. You do not need to specifically inform KyMaLabs when you stop using the Services.
4.4 You acknowledge and agree that if KyMaLabs disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that KyMaLabs may set fixed upper limits or other limitations to the use of the Services at any time, at KyMaLab's discretion.
5.1 You may be required to provide information about yourself in order to access certain Services, such as identification confirmation or contact details, as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Google, Yahoo!, Twitter and KyMaLabs will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by KyMaLabs, unless you have been specifically allowed to do so in a separate agreement with KyMaLabs. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, but not limited to the use of scripts, robots or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with KyMaLabs, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that KyMaLabs has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which KyMaLabs may suffer) of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to KyMaLabs for all activities that occur under your account.
6.3 As KyMaLabs uses Google's, Yahoo!'s and Twitter's user authentication system, If you become aware of any unauthorized use of your password or of your account, you agree to notify Google, Yahoo!, Twitter and KyMaLabs immediately at:
7.2 In accordance with KyMaLabs' privacy policies, you agree to the use of your data.
8.1 You understand that all information which you may have access to through your use of the Services are the sole responsibility of the person from which such content originated (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images or other copyright or copyrightable protected assets). All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to KyMaLabs (or by other persons or companies on their behalf or second or third party providers of such content). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by KyMaLabs or by the owners of that Content, in a separate agreement.
8.3 KyMaLabs is under no obligation, but reserves the right to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree and understand that you are solely responsible for any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which KyMaLabs may suffer) by doing so.
8.6 You agree to not use KyMaLabs services to publish, link, transmit or otherwise make available content (data files, images, written text, computer software or other media) that is illegal or violates copyright, trade-mark or other similar intellectural property laws in your locality and the United States of America.
8.7 You are not permitted to publish, link, transmit or otherwise make available content that consists of hate speech or offensive, obscene, violent, dangerous activities, intimidating language, personal attacks, pornographic, threatening, libelous, defamatory, harassing, copyrighted or trade-marked material.
9.1 You acknowledge and agree that KyMaLabs owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by KyMaLabs and that you shall not disclose such information without KyMaLabs' prior written consent.
9.2 Unless you have agreed otherwise in writing with KyMaLabs, nothing in the Terms gives you a right to use any of KyMaLabs' trade names, trade-marks, service marks, logos, domain names, and other distinctive brand features.
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with KyMaLabs, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms as updated from time to time.
9.4 Other than the limited license set forth in Section 11, KyMaLabs acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with KyMaLabs, you agree that you are responsible for protecting and enforcing those rights and that KyMaLabs has no obligation to do so on your behalf.
9.5 You agree that you shall not alter, remove or obscure any proprietary rights notices such as copyright and trade-mark notices which may be contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by KyMaLabs, you agree that in using the Services, you will not use any trade-mark, service mark, trade-name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10.1 KyMaLabs gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by KyMaLabs as part of the Services as provided to you by KyMaLabs (referred to as the "Software" below).
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by KyMaLabs, in writing.
10.3 Unless KyMaLabs has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11.1 You understand that KyMaLabs, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit KyMaLabs to take these actions.
11.2 You confirm and warrant to KyMaLabs that you have all the rights, power and authority necessary to grant the above license.
12.1 The Terms will continue to apply until terminated by either you or KyMaLabs as set out below.
12.2 If you want to terminate your legal agreement with KyMaLabs, you may do so by (a) notifying KyMaLabs at any time and (b) closing your accounts for all of the Services which you use, where KyMaLabs has made this option available to you. Your notice should be sent, in writing, to KyMaLabs.
12.3 KyMaLabs may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) KyMaLabs is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom KyMaLabs offered the Services to you has terminated its relationship with KyMaLabs or ceased to offer the Services to you; or
(D) KyMaLabs is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by KyMaLabs is, in KyMaLabs' opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect KyMaLabs' rights regarding provision of Services under Section 4 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and KyMaLabs have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
13.1 Nothing in these terms, including sections 13 and 14, shall exclude or limit KyMaLabs' warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
13.2 You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available."
13.3 In particular, KyMaLabs, its affiliates and its licensors do not represent or warrant to you that:
(A) your use of the services will meet your requirements,
(B) your use of the services will be uninterrupted, timely, secure or free from error,
(C) any information obtained by you as a result of your use of the services will be accurate or reliable, and
(D) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.
13.4 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
13.5 No advice or information, whether oral or written, obtained by you from KyMaLabs or through or from the services shall create any warranty not expressly stated in the terms.
13.6 KyMaLabs further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
14.1 Subject to overall provision in paragraph 13.1 above, you expressly understand and agree that KyMaLabs, its subsidiaries and affiliates, and its licensors shall not be liable to you for:
(A) any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;
(B) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
(I) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;
(II) any changes which KyMaLabs may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);
(III) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
(III) your failure to provide KyMaLabs with accurate account information;
(IV) your failure to keep your password or account details secure and confidential;
14.2 The limitations on KyMaLabs' liability to you in paragraph 14.1 above shall apply whether or not KyMaLabs has been advised of or should have been aware of the possibility of any such losses arising.
15.1 It is KyMaLabs' policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, user profiles or other information.
16.2 The manner, mode and extent of advertising by KyMaLabs on the Services are subject to change without specific notice to you.
16.3 In consideration for KyMaLabs granting you access to and use of the Services, you agree that KyMaLabs may place such advertising on the Services and that you will not block such advertising through any means including but not limited to technical means (such as ad-blocking software, scripts or other methods).
17.1 The Services may include hyperlinks to other web sites or content or resources. KyMaLabs has no control over any web sites or resources which are provided by companies or persons other than KyMaLabs.
17.2 You acknowledge and agree that KyMaLabs is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that KyMaLabs is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
18.1 KyMaLabs may make changes to the Universal Terms or Additional Terms from time to time.
18.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, KyMaLabs will treat your use as acceptance of the updated Universal Terms or Additional Terms.
19.1 When you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and KyMaLabs and govern your use of the Services (but excluding any services which KyMaLabs may provide to you under a separate written agreement), and completely replace any prior agreements between you and KyMaLabs in relation to the Services.
19.3 You agree that KyMaLabs may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
19.4 You agree that if KyMaLabs does not exercise or enforce any legal right or remedy which is contained in the Terms (or which KyMaLabs has the benefit of under any applicable law), this will not be taken to be a formal waiver of KyMaLabs' rights and that those rights or remedies will still be available to KyMaLabs.
19.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 The Terms, and your relationship with KyMaLabs under the Terms, shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and KyMaLabs agree to submit to the exclusive jurisdiction of the courts located within the county of Loudoun, Virginia to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that KyMaLabs shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.