License to use
Subject to the terms and restrictions herein and product configuration agreed upon, kPoint hereby grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Websites, including the software proprietary to, or licensed by, kPoint (the “Software”), for the limited purposes of:
- Authoring digital content.
- Viewing third party content where you are authorized do so.
- Using other features and functionality made available to you from time to time on the Website as well as product.
- Purchasing view access to third party content for your personal use, and/or
- Licensing copies of certain third party Presentations for use within your organization provided the integrity of the content of such Presentation, including the expression and organization of the Presentation, is preserved in its whole. Presentations may include information, data, text, music, sound, photographs, graphics, video, messages and/or other materials owned or licensed by third-party content providers.
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. kPoint cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You agree that you will not:
- Share your logon ID, username or password with any other party.
- copy, distribute, sell, resell, give away, or provide access to the Software or the Websites to third parties or the general public, including, without limitation, as an application service provider, service bureau or hosting services provider.
- Sell or provide access to content for a fee except under the terms of an agreement with kPoint.
- Rent, lease, loan, or time-share content or the use of, or access to, the Websites.
- Copy, modify, adapt, reverse-engineer or create derivative works of the Software.
- Use the Websites to upload, post, email or otherwise transmit any content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, indecent, obscene, pornographic, defamatory, invasive of another’s privacy or rights of publicity, hateful, or racially, ethnically or otherwise offensive or objectionable, harmful to minors, infringing of another’s proprietary rights, including, without limitation, copyrights, trademarks, patents and trade secrets, or damaging, corruptive or otherwise in any way harmful to the Websites such as but not limited to viruses, including any software, hardware or services associated with the Websites.
- Use the communication systems available on the Websites (e.g., posting comments, email) to further or make available any unsolicited or unauthorized advertising or promotional materials such as junk mail, spam, chain letters, pyramid schemes or any other form of abusive commercial solicitation, or
- Harvest or collect personally identifiable information from the Websites for use in any manner that violates governmental regulations and laws.
Ownership and Protection of Content and Intellectual Property
- kPoint Intellectual Property: kPoint or kPoint’s licensors retain all ownership of, and intellectual property rights in, the Software and the Websites. Except for the limited license granted to you herein, you have no right, title or interest in the Software or the Websites. All rights not expressly granted herein are reserved to kPoint, including the right to charge a fee access or use of the Websites.
- Intellectual for Property in content: ownership of, and intellectual property rights in, any unmodified content, are owned exclusively by the publisher of such content. Any permitted modification of the content is owned by the party making the modification to the content, provided ownership of the unmodified content remains with the publisher. You may not remove any identifications, attributions, copyright notices, or other notices or proprietary restrictions contained in any content; You shall not change or delete any copyright, trademark or other proprietary notices.
- Indemnity Obligations: You will defend, indemnify and hold harmless kPoint, kPoint’s affiliates, directors, officers, employees, stockholders, agents, co-branders or other partners from and against any claim or demand, made by any third party, arising from or related to (i) the content(s) you create, publish or share using the Software or Websites or (ii) your general use of the Software or Websites, and will pay all costs and damages including reasonable attorneys’ fees incurred as a result of such claim.
- ‘The site’ is controlled and operated by kPoint from its offices located at India. kPoint makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations may do so on their own initiative, risk and responsibility and are responsible for compliance with local laws, if and to the extent they are applicable.
Free Trial Account
You can choose to purchase a kPoint plan on the Websites. The service is billed in advance on a monthly basis and is non-refundable. All purchases are to be made using a major credit and in US Currency. kPoint is not responsible to transfer the content created using FREE account to your purchased domain. The information widgets on purchased domain belong to kPoint. kPoint can put / amend any type of information it feels appropriate. kPoint, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other kPoint service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. kPoint reserves the right to refuse service to anyone for any reason at any time. Subscription or license access is only valid for the version paid for. kPoint reserves the right, at its sole discretion, to modify or replace any of the Terms including prices.
Cancellation and Refund
- Either party may terminate this Agreement at any time. The subscription will terminate effective as of the last calendar day of the month in which your cancellation notice is received by kPoint, or in which you receive notice from kPoint. kPoint will not send confirmation of your cancellation. Upon cancellation of service, there will be no refunds for partial month’s or balance service.
- For thirty (30) days following the termination date or until such earlier time as per a your request, kPoint shall continue to store and you agree to permit kPoint to store your Content on kPoint’s server(s). The information that has been deleted cannot be recovered.
- Termination of this Agreement shall be without prejudice to any rights of either party against the other and such termination shall not relieve either party of any of its obligations to the other existing at the time of termination.
- kPoint reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- kPoint reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 day notice from us. Such notice may be provided at any time by posting the changes to the kPoint Website (kPoint.com) or the Service itself.
- kPoint shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Disclaimer of Warranties
The Websites and the software are provided “as is” without warranty of any kind either express, implied or statutory, including, but not limited to, warranties of merchantability or fitness for a particular purpose or non-infringement.
kPoint does not warrant that
- the service will meet your specific requirements.
- the service will be uninterrupted, timely, secure, or error-free.
- the results that may be obtained from the use of the service will be accurate or reliable.
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations
- any errors in the Service will be corrected.
- an unauthorized person will never gain access to the customer content or representations.
Limitation of Liability
- kPoint shall not be liable, whether in an action in negligence, contract, tort or based on any other legal theory, in any way to you for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, special, incidental, consequential or similar damages of any nature, whether foreseeable of not.
- kPoints maximum liability for any damages, regardless of form of action, shall not exceed the license fees, if applicable actually paid by you to kPoint for the use of the product.
Termination of Use of Website
You may terminate your use of the Websites at any time by terminating any agreements, if applicable, between you and kPoint associated with your use of the Websites and/or discontinuing your access of the Websites and destroying your access credentials (e.g., logon ID, password). No liabilities (including but not limited to refunds or credits for any fees paid for premium services) will be incurred by kPoint if you terminate your use of the Websites.
Neither party shall be liable for any failure or delay in fulfilling the terms of this Agreement due to fire, strike, war, civil unrest, terrorist action, government regulations, acts of Nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be construed as relieving either party from its obligation to pay any sum due the other party.
This Agreement shall be construed and governed by the laws of the State of Maharashtra, India. Any controversy or claim arising out of or related to this Agreement, or breach thereof, shall be settled by arbitration, to be held at Pune, India, in accordance with the applicable Government of India rules and the decision of the arbiters shall be binding on the parties thereto.
- Technical support is only provided to paying account holders.
- You understand that kPoint uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another Websites so as to falsely imply that it is associated with the Service, kPoint, or any other kPoint service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any kPoint customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by kPoint) of other kPoint customers, we reserve the right to immediately disable your account.
When YOU visit the site, or send e-mails to kPoint you unequivocally and unconditionally consent to receive communications from kPoint electronically.