KinCentral Terms and Conditions

Agreement between user and KinCentral

Welcome to www.KinCentral.com.  The www.KinCentral.com website (the “Site”) is comprised of various web pages operated by KinCentral, Inc. (“KinCentral”). www.KinCentral.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.KinCentral.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.

 

KinCentral is a Video and Photo sharing Site and Mobile Application

Kincentral brings families closer together by enabling them to privately share their family videos and pictures in real-time on their mobile phones; and by storing all family pictures in the cloud where family members can view, organize and share all of their photos. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Privacy

Your use of www.KinCentral.com is subject to KinCentral Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting www.KinCentral.com or sending emails to KinCentral constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement such as communications be in writing.

 

Your Account

If you use this site, you are responsible for maintaining the confidentially of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KinCentral is not responsible for third party access to your account that results from theft or misappropriation of your account. KinCentral and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

KinCentral collects personally identifiable information from children under age of thirteen.

KinCentral collects this information for the following reason(s):

 

KinCentral saves the names, emails, and photographs of all of family members including those under the age of 13. This information is only used for the purposes of allowing families to privately share photographs, tag photographs, and create associated likes and comments with others in their self selected family.

 

If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this agreement. If you are under 18, you may use www.KinCentral.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

You may cancel your subscription at any time. Any cancellations made after 30 days of service will not qualify for a refund. Please contact us at support@KinCentral.com with any questions.

 

Links to third party sites/Third party services

www.KinCentral.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of KinCentral and KinCentral is not responsible for the contents of any Linked Site, including without limitation any link contained in Linked Site, or any changes or updates to a Linked Site. KinCentral is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KinCentral of the site or any association with its operators.

 

Certain services made available via www.KinCentral.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.KinCentral.com domain, you hereby acknowledge and consent the KinCentral may share such information and data with third party which whom KinCentral has a contractual relationship to provide the requested product, service or functionality on behalf of www.KinCentral.com users and customers.

 

We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

 

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable to license to access and use www.KinCentral.com strictly in accordance with the terms of use. As a condition of you use of the Site, you warrant to KinCentral that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in manner which could damage, disable, overburden or impair the Site interface with any other party’s use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials of information through any means not intentionally made available or provided for through the Site.

 

All content included as a part of Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KinCentral or its suppliers and protected by copyright and other laws that protect intellectual property and propriety rights. You agree to observe and abide by all copyright and other propriety notices,

Legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

KinCentral content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any propriety rights or attribution notices in any content. You will protect content solely for your personal use, and will make no other use of the content without the express written permission of KinCentral and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any Licenses, express or implied, to the intellectual property of KinCentral or our licensors except as expressly authorized by the Terms.

 

Use of communication services

The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively,” Communication Services”), you agree to use the Communication Services only to post, end and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents: upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of other’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specially allows such messages; conduct or forward surveys, contents, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally  distributed is such manner; falsify or delete any author attributions, legal or other proper notices or propriety designations or labels of the origin or sources of software or other material contained in a file that is uploaded, restrict or inhibit any other use from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

KinCentral has no obligation to monitor the Communication Services. However, KinCentral reserves the right to review materials posted to a Communication Service and to remove any materials in it s sole discretion. KinCentral serves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

KinCentral reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KinCentral’s sole discretion.

 

Always use caution when giving out any personally identifying information about your self or you children in any Communication Service. KinCentral does not control or endorse the content, messages or information found in any Communication Service and, therefore, KinCentral specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KinCentral spokespersons, and their views do not necessarily reflect of KinCentral.

 

Materials uploaded to a Communication Service may ne subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Material provided to www.KinCentral.com or posted in any KinCentral web page

KinCentral does not claim ownership of the material you provide to www.KinCentral.com (including feedback and suggestion) or post, upload, input or submit to any KinCentral site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting KinCentral, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, edit, translate and reformat you Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein.

KinCentral is under no obligation to post or use any Submission you may provide and may remove any Submission at any time KinCentral’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

International Users

The Service is controlled, operated and administered by KinCentral from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KinCentral Content accessed through www.KinCentral.com in any county or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless KinCentral, its officers, directors, employees, agents and third parties, for any losses, cost, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out your use of on inability to use the Site of services, any user postings made by you, your violation of any applicable laws, rules or regulations. KinCentral reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KinCentral in asserting any available defenses.

 

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERE IN KINCENTRAL, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

KINCENTRAL, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHIC CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICSARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KINCENTRAL, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SEVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINCENTRAL, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCEDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SEVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTACT, TORT, NEGLIGENCE, STRICK LIABILITY OR OTHERWISE, EVEN IF KINCENTRAL, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVICED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/access restrictions

KinCentral reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of there Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KinCentral as a result of this agreement or use of the Site. KinCentral’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KinCentral’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to or gathered by KinCentral with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations ser fort above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KinCentral with respect to the Site and it superseded all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KinCentral with respect to the Site. A printed version of this agreement and of the notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

KinCentral reserves the right, in its sole discretion, to change the Terms under which www.KinCentral.com is offered. The current version of the terms will supersede all previous versions. KinCentral encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

KinCentral welcomes your questions or comments regarding the Terms and Conditions.

 

KinCentral, Inc.

101 Cooper Street

Santa Cruz, California 95060

 

Email Address:

support@kincentral.com

 

Effective as of January 1, 2014