These terms and conditions outline the rules and regulations for the use of Klokbox’s Website and Klokbox Application, located at https://klokbox.com/.
By accessing this website and application we assume you accept these terms and conditions. Do not continue to use Klokbox if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logs on to this website and application and is compliant to the Company’s terms and conditions. “The Company”, “Website”, “Application”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Klokbox (hereinafter: Application) is a piece of software created to save memories, preserve information and pass it down to future generations – and customized for web and mobile devices. It is used to The Application’s main use is to save, share and klok data.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Website the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Scope of License
- You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application and Website on You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the Host Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
- This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application unless a separate license is provided for such update in which case the terms of that new license will govern.
- You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Klokbox PLC’s prior written consent).
- Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
- Licensor reserves the right to modify the terms and conditions of licensing.
- Nothing in this license should be interpreted to restrict third-party terms. When using the Application and Website, You must ensure that You comply with applicable third-party terms and conditions.
A valid payment method, including a credit card, is required to process the payment for the release of Data. You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise us to charge all fees incurred through your account to any such payment instruments.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that:
- the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and
- the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” via our contact us page and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Klokbox and its licensors. The Service is protected by copyright, trademark, and other laws of both Ireland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Klokbox.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Us.
We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately without prior notice or liability for any reason whatsoever including but without limitation, if you breach our Terms.
Upon termination, your right to use the service will immediately cease. If you wish to terminate your account you may simply discontinue using the Service.
Limitation Of Liability
We shall not be held responsible for any content that appears on your Website and Application. You agree to protect and defend us against all claims that are rising on your Website and Application. No link(s) should appear on any Website and Application that may be interpreted as libellous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
In no event shall Klokbox nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages including without limitation loss of profits, data, use, goodwill, or other intangible losses resulting from
- your access to or use of, or inability to access or use the Service.
- any conduct or content of any third party on the Service.
- any content obtained from the Service. and
- unauthorized access use or alteration of your transmissions or content whether based on warranty, contract, tort (including negligence), or any other legal theory whether or not we have been informed of the possibility of such damage and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind whether express or implied and including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or to non-infringement or course of performance.
Klokbox its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Ireland without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Unless otherwise stated, Klokbox and/or its licensors own the intellectual property rights for all material on Klokbox. All intellectual property rights are reserved. You may access this from Klokbox for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Klokbox
- Sell, rent, or sub-license material from Klokbox
- Reproduce, duplicate or copy material from Klokbox
- Redistribute content from Klokbox
Parts of the Klokbox website and application offer an opportunity for users to post and exchange opinions and information in certain areas of the website and application. Klokbox does not filter, edit, publish or review Comments and Content prior to their presence on the website and application. Comments and Content do not reflect the views and opinions of Klokbox, its agents, and/or affiliates. Comments and Content reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Klokbox shall not be liable for the Comments and Content or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments and Content on Klokbox website and application.
Klokbox reserves the right to monitor all Comments and Content to remove any Comments and Content which can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments and Content on our website and application and have all necessary licenses and consent to do so.
- The Comments and Content do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party.
- The Comments and Content do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy.
- The Comments and Content will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Klokbox a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments and Content in any and all forms, formats, or media.
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Hyperlinking to our Content
The following organizations may link to our Website and Application without prior written approval:
- Government agencies.
- Search engines.
- News organizations.
- Online directory distributors may link to our Website and Application in the same manner as they hyperlink to the Websites and Applications of other listed businesses. and
- System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website and Application. These organizations may link to our home page, to publications, or to other Website and Application information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services. and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources.
- dot.com community sites.
- associations or other groups representing charities.
- online directory distributors.
- internet portals.
- accounting, law, and consulting firms. and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Klokbox; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website and application, you must inform us by sending an e-mail to Klokbox. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website and Application, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website and Application as follows:
- By use of our corporate name. or
- By use of the uniform resource locator being linked to. or
- By use of any other description of our Website and Application being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Klokbox’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website and Application.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website and Application. You approve to immediately remove all links to our Website and Application upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website and Application, you agree to be bound to and follow these linking terms and conditions.
Removal of Links From Our Website and Application
If you find any link on our Website and Application that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website and application is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website and application remain available or that the material on the website and application is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and application and the use of this website and application. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury.
- limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- limit any of our or your liabilities in any way that is not permitted under applicable law. or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and application and the information and services on the website and application are provided free of charge, we will not be liable for any loss or damage of any nature.
All fees and costs of using the Klokbox service are freely available on our website and/or Application https://klokbox.com/pricing.
If you have any questions about these terms, please contact us.