Kojai – Terms of Service

Last Updated: 8th Febuary, 2017

The following are important conditions you need read and understand about accessing and using the Kojai apps, website and / or service (collectively, “Service”). These are our terms of service (“Terms”).

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. Before you use the Service, please read all of the terms and if you do not agree to all of the terms below, please do not use the Service.

Changes to these Terms

We reserve the right to modify these Terms at any time due to changes to the App, the addition of other functionality, or changes to laws over which we have no control of.

Whenever we make changes to these Terms, the changes are effective four (4) weeks after we post such revised Terms to our website, or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms, such as a click-through confirmation or acceptance button.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the revised Terms.

Privacy Policy

Kojai collects personal data on its servers for the purposes described below in our Privacy policy

Third-Party Services

Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies.

We encourage you to read the terms and conditions and privacy policy of these or any other third party application, website or service that you visit or use. Note that while Kojai itself does not work directly with advertisers, third party applications may contain advertising or marketing materials provided by such third parties.

Creating Accounts

You do not need to create an account to use Kojai, however to use certain features you will be required to create an account.

Your Content & Conduct

Please do not post, link or otherwise make available on or through our Service any of the following:

  • Pornography or graphically explicit content;
  • Content that is libelous, defamatory, offensive, racist, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  • Mass or repeated promotions, political campaigning or commercial messages;
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, social security numbers and credit card numbers); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Futhermore, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 13 years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

Kojai Content and application

All of the code, graphics and content provided as part of the Service is owned by us or our licensors and it is protected by international copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise or as allowed by our Developer Terms of Service, your rights do not include:

  1. publicly performing or publicly displaying the Service, modifying or otherwise making any derivative uses of the Service or any portion thereof;
  2. using any data mining, robots or similar data gathering or extraction methods;
  3. downloading (other than page caching) of any portion of the Service or any information contained therein;
  4. reverse engineering or accessing the Service in order to build a competitive product or service; or
  5. using the Service other than for its intended purposes.
  6. If you do any of this, we can terminate your use of the Service without notice or appeal.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service, but, you may not use, frame or utilize framing techniques to enclose any Kojai trademark, logo or other proprietary information without our express written consent.

We make no claim or representation regarding, and accept no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

A lot of the content on the Service is from you and others, and we do not review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

Disclaimer

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL KOJAI PTY LTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorney fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Copyright Complaints

Kojai takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Kojai has adopted a policy of terminating, in appropriate circumstances and, at Kojai’s sole discretion, the accounts of users who are deemed to be repeat infringers.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of Western Australia, without regard to conflicts of law principles.

Jurisdiction & Waiver of Representative Actions

You expressly agree that exclusive jurisdiction for any dispute with Kojai, or in any way relating to your use of the Kojai website or Service, resides in the courts of the State of Western Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Western Australia located in Perth Western Australia in connection with any such dispute including any claim involving us. You further agree that you and Kojai will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and Kojai regarding the use of the Service, superseding any prior agreements between you and Kojai relating to your use of the Service.