By downloading or installing KISS60 mobile client application (KISS60), downloading or uploading any content (the Service) from/to KISS60 web site (the Site), you hereby confirm that you have read and understood and agree to these Terms of Service and this Site's Privacy Policy.

If you do not agree to this Terms of Service, please do not download, install or use any content from the Site and discontinue using the Service immediately.

Use of Service

Please use the Service at your own risk. The Service may need Internet connection, which may be subject to a seperate charge. We don't accept any responsibility for the payment of such fees or the use of the Service.

The Service is provided only for personal/private and non-commercial purposes.

By submitting any information or material ( the Content) to KISS60, you understand and agree that you are solely and fully responsible for any and all aspects of the Content submitted, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and we shall not be liable in any way for such Content.

You can not post any Content that infringes any patent, copyright, trademark, trade secret or any other proprietary intellectual property rights of others. You also warrant us that your content does not infringe the trademarks, copyrights, patents, or other intellectual property rights of any third parties.

Your postings or Content submissions can not cause harm to any person or entities.

Obligations and Restrictions 

You shall not distribute, sell, rent, lease, sublicense, or by any commercial means use KISS60 or otherwise transfer for value KISS60. You agree not to challenge our rights in or otherwise attempt to assert any rights in KISS60.

You agree not to use KISS60 except as expressly permitted by us. We shall have right to audit the use of KISS60 for the compliance with these terms at any time, with a reasonable notice. In a case that you use KISS60 in any other way than under the terms and conditions stated Terms of Service agreement, you agree to compensate our expenses related to such audit and any other liabilities you may incur in result of such non-compliance and license shall be deemed  canceled, and you shall immediately stop using the Service.

Submitted Content

Any Content you submit belongs to you. However, you allow us make any use of your content related to our service and business.

Privacy  

We are committed to the protection of privacy of the users of our Service. We handle and store personal information only in connection with the related purpose, and to supply new services and track the possible illegal use of the Service.

By submitting personal Information on the Site, you acknowledge and agree to us collecting, using, disclosing and processing your personal Information in accordance related purposes. You accept and give your consent that your personal Information obtained in connection with your use of this Site may be transferred, if permitted by applicable local legislation, across international borders (also outside the European Union) to server locations supporting this Site (including but not limited to transfers from those locations back to the country of your location) for operating and developing this Site and the Service, including transfers to subcontractors or agent service providers who perform tasks related to this Site, or the Services, or for the purposes of storing personal Information in relevant databases, which may be located in Finland or in any other country where we have operations.

No Warranty

The Service is provided "as is" without any warranty or such.

Proprietary rights and indemnification

You agree that you will not use the Service to infringe the copyrights or other intellectual property rights of others in any way. You agree that any such infringement constitutes a material breach of this agreement and would cause irreparable harm to us. You agree that you will indemnify and defend us against all liabilities, damages, claims, fines and expenses (including reasonable attorney's fees) arising out of any claim that You have infringed the copyrights or intellectual property rights of others.

Limitation of Liability

YOU EXPRESSLY AGREE THAT WE SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE.

Governing law and dispute resolution

This agreement shall be governed by and shall be construed in accordance with the laws of Finland excluding its choice of law rules. All disputes relating to KISS60, the Service and this agreement shall be settled at District Court of Oulu, Finland having the sole jurisdiction.

General

We reserve the right to make any change to this agreement without any notice.

The services hereunder are offered by Kuneri Ltd. located at Valkkyla 3 A 5, 90100, Oulu/Finland and email hello(at)kuneri.net.

© Kuneri - Last reviewed September 2007