Koino may change
the Terms of Use at any time and such
changes shall be effective immediately.
You are responsible for regularly reviewing
the Terms of Use, which can be found
on the Koino PCAny service website.
Your continued use of the Service affirms
your agreement to the Terms of Use and
any changes. Koino is not obligated
to provide updates or improvements to
the Service. However, if Koino, in its
sole discretion, updates or improves
the Service, these Terms of Use shall
apply to such updates and improvements
unless expressly noted otherwise.
2. SOFTWARE USE LIMITATION
This Koino PCAny
software is provided to you under the
terms and conditions of this Terms of
Use. This software will not install
on your computer unless or until you
agree to the Terms of Use. You may only
use Koino authorized software to access
and/or use the Service. You may not
use any software or services in conjunction
with Koino software or authorized third-party
software which modifies or reroutes,
or attempts to modify or reroute, the
Service. You may not authorize any third
party to access and/or use the Service
on your behalf without a separate written
agreement with Koino. You may not modify,
copy, distribute, transmit, display,
perform, reproduce, publish, license,
create derivative works from, transfer,
or sell any information, software, products
or services that are part of the Service
except as expressly provided in these
Terms of Use.
3. NOW UNLAWFUL OR
PROHIBITED USE; RESPONSIBILITY FOR YOUR
ACCOUNT
As a condition of
your use of the Service, you will not
use the Service for any purpose that
is unlawful or prohibited by these Terms
of Use. You may not use the Service
in any manner that could damage, disable,
overburden, or impair the Service or
interfere with any other party¡¯s use.
You may not attempt to gain unauthorized
access to any account, computer systems
or networks associated with the Service
or to otherwise interfere with or disrupt
the Service. You may not obtain or attempt
to obtain any materials or information
through any means not intentionally
made available or provided for through
the Service. You may not use access
to the Service to obtain information
necessary for you to design, develop
or update unauthorized software that
you use or provide to others to use
or to access the Service.
Koino does not control or endorse the
content or information exchanged by
means of the Service and, therefore,
Koino specifically disclaims any liability
with regard to the Service and any actions
resulting from your use of the Service.
You are responsible for all activities
that occur in your use of the Service.
You agree to notify Koino immediately
of any unauthorized use of the Service
or breach in security known to you related
to the Service.
Koino reserves the right at all times
to monitor communications on the Service
and disclose any information Koino deems
necessary to (i) ensure your compliance
with this Agreement; (ii) satisfy any
applicable law, regulation or legal
process; or (iii) protect the rights,
property, and interests of Koino, its
employees, or the public. Koino also
reserves the right to edit, refuse to
transfer or to remove any information
or materials, in whole or in part, in
Koino¡¯s sole discretion.
4. INTERACTION WITH
THIRD PARTY SERVICES
The Service may allow
you to interact with third-party services,
software, and other content or information
which is not under the control of Koino
and Koino is not responsible for any
events resulting from their use. You
are responsible for viewing and abiding
by any privacy statements and terms
of use in connection with third-party
services, software, and other content
or information. You are solely responsible
for any dealings with third parties.
5. INTERACTION WITH
THIRD PARTIES
The Service may allow you to interact with external users, clients,
customers, employees, and any other
third parties (collectively, ¡°Third
Parties¡±). Any relationship between
you and Third Parties are subject to
the terms of agreement between yourself
and the Third Parties. Koino claims
no knowledge or responsibility of any
actions or events in the use of this
Service by yourself and Third Parties.
Any exchange of information, files,
content, media, or other exchange is
not the responsibility of Koino.
6. SOFTWARE AND CONTENT
AVAILABLE ON THE SERVICE
All Koino content
and software (if any) that is made available
to view and/or download in connection
with the Service (¡°Software¡±) is owned
by and is the copyrighted work of Koino
and/or its suppliers and is licensed
and/or sold. Your use of the Software
and Service is governed by the terms
of the Terms of Use, if any, which accompanies
or is included with the Software. You
may not install or use any Software
that is accompanied by or includes a
Terms of Use unless you first agree
to the terms. You may not lend, lease,
rent or sublicense the Software or any
aspect of the Service.
You will not disassemble, decompile,
or reverse engineer the Software. All
Software is protected by copyright laws
and international treaty provisions.
Any unauthorized reproduction or redistribution
of the Software is expressly prohibited
by law, and may result in severe civil
and criminal penalties. Without limiting
the foregoing, copying or reproduction
of the software to any location for
further reproduction or redistribution
is expressly prohibited. The software
is warranted, if at all, only according
to the terms listed herein.
7. NO WARRANTIES; LIABILITY
DISCLAIMER; EXCLUSIVE REMEDY
Koino provides the Service and Software ¡°AS IS¡±, ¡°WITH ALL FAULTS¡±,
and ¡°AS AVAILABLE,¡± and the entire risk
as to satisfactory quality, performance,
accuracy, and effort is with you. Koino,
its affiliates, its resellers, distributors,
service providers and/or suppliers (collectively,
the ¡°Koino Parties¡±) make no warranties.
The Koino parties disclaim any and all
warranties, express, statutory and implied,
including without limitation (1) warranties
of merchantability, fitness for a particular
purpose, workmanlike effort, accuracy,
title, quiet enjoyment, no encumbrances,
no liens and non-infringement, (2) warranties
arising through course of dealing or
usage of trade, and (3) warranties that
access to or use of the service will
be uninterrupted or error-free. There
are no warranties that extend beyond
the face of this agreement. Koino may
change the Service or Software and any
features contained within in any way,
at any time, for any reason.
In no event shall any of the Koino Parties
be liable for any direct, indirect,
consequential, special, incidental,
or punitive damages arising out of,
based on, or resulting from this agreement
or your use of the Service, including,
without limitation, damages for loss
of use, data or profits, with the delay
or inability to use the Service, the
provision of or failure to provide support
services, or for any information, software,
products, or services obtained through
the Service, or otherwise arising out
of the use of the Service, whether based
on contract, tort, negligence, strict
liability or otherwise, even if Koino
Parties has been advised of the possibility
of damages.
8. INDEMNITY
You agree to indemnify and hold Koino, its parents, subsidiaries,
affiliates, officers, and employees,
harmless from any claim or demand, including
reasonable attorneys¡¯ fees, made by
any third party due to or arising out
of your use of the Services, the violation
of these Terms of Use by you, or the
infringement by you, or other user of
the Services using your computer or
identity, of any intellectual property
or other right of any person or entity.
9. CUSTOMER SUPPORT
Koino may, but is not required to provide you with customer
support (¡°Support¡±). Unless you have
entered into a separate written support
agreement with Koino with respect to
the Service, Koino may terminate any
Support it provides at any time in its
sole discretion.
10. TERMINATION/ACCESS
RESTRICTION
Unless you, or a third party on your behalf, have entered into
a separate written agreement with Koino
that modifies these Terms of Use, Koino
reserves the right, in its sole discretion,
to terminate your access to and use
of the Service or any portion thereof
at any time, without notice.
11. ELECTRONIC NOTICES
You consent to Koino providing you any information regarding
the Service in electronic form. Koino
may provide such information to you
via e-mail at the e-mail address you
specified when you registered for the
service, or by access to the Koino PCAny
service website. As long as you access
and use the Service, you will have the
necessary software and hardware to receive
such notices and are therefore responsible
for understanding the notice and the
information included therein.
12. GENERAL
You agree that no joint venture, partnership, employment, or
agency relationship exists between you
and Koino as a result of this Agreement
or use of the Service unless otherwise
specified in a written agreement between
you and Koino. Koino may assign this
Agreement, in whole or in part, at any
time. Koino¡¯s performance of this Agreement
is subject to existing laws and legal
process, and nothing contained in this
agreement is in derogation of Koino¡¯s
rigt to comply with governmental, court
and law enforcement requests or requirements
relating to your use of the Service
or information provided to or gathered
by Koino with respect to such use.
The provisions of this Agreement governing disclaimers of warranties,
liability limitation, indemnity obligations,
intellectual property and governing
law shall survive termination of the
Agreement. This Agreement constitutes
the entire agreement between the user
and Koino with respect to the Service
and such agreements supersede all prior
or contemporaneous communications and
proposals, whether electronic, oral
or written, between the user and Koino
with respect to the Service.
You and Koino agree
that any cause of action arising out
of or related to the Service must commence
within one (1) year after the cause
of action accrues. Otherwise, such cause
of action is permanently barred.
