TERMS OF USE
Acceptance of Terms and Conditions
By using this application (the “Application”), you ("you") agree to the terms and conditions in this Agreement between you and KJK Apps, LLC (hereinafter, “KJK”). If you do not agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Application.
The Application is for entertainment purposes only. KJK reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If KJK make changes to this Terms of Use and/or Privacy Policy and you continue to use the Application, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
If you have any questions about these terms, contact KJK at support at support@KJKapps.com.
General Information
1. Entertainment Purposes Only. The use of the Application is for non-commercial entertainment purposes only. You agree and acknowledge that you will not use the Application in any way that is a violation of your local, state, or federal laws.
2. Users. KJK welcome all users who are 13 years of age and older.
3. Modified Terms. KJK reserves the right at all times to modify any conditions of these Terms of Use and/or our Privacy Policy as KJK deems necessary or desirable without prior notification to you. Such changes may include, among other things, the adding, or changing of certain fees or charges, the deletion of certain rights, changes to the availability and terms of use for the Application, and the requirement of more personal information to use the Application. If KJK makes changes to our Terms of Use and/or Privacy Policy and you continue to use the Application, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon KJK’s posting thereof.
Account Information
4. Account Features. KJK shall have the right at any time to change or discontinue any aspect or feature of KJK, including, but not limited to: the type of information that you must provide in order to use the Application, the costs involved to use the Application, the ability to have your score listed in the Application and/or on sites such as Apple Game Center (“Score Boards”), the length of time content is available, and the equipment or software needed for access or use of the Application. KJK may discontinue or eliminate features on the Application, change or eliminate any transmission method of change transmission speeds or other signal characteristics on the Application. Further, KJK may request additional information at any time from you to enhance the benefits and/or use of the Application.
5. Account Information. Information about you may be released to KJK and/or its partners, including advertising partners, including, but not limited to, your location, information about your use of the Application, information about the device and network that you use, and information that you make available based on your preferences on your device.
6. Termination. You may terminate your use of the Application at any time. All information associated with your account, including your scores on any applicable Score Boards, may be deleted immediately after you terminate your use of the Application.
7. Termination by KJK. KJK may terminate this Agreement at any time for any reason.
Use of Application
8. Your Use of the Application. You may use the Application only as permitted by these Terms of Use and only in a manner consistent with all applicable local, state, and federal laws, rules, and regulations, and generally accepted practices or guidelines in relevant jurisdictions, including any laws governing the export of data to or from the United States. KJK reserve the right to take measures to prevent any such activity. You further agree: (a) not to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails, or other unsolicited communications; (b) not to use the Application in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Application; (c) not to use automated scripts to collect information from or otherwise interact with the Application; (d) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to KJK on or through the Application or any service offered on or through the Application; and/or, (e) not to impersonate or pretend that you are any other person or falsely claim you represent another person.
9. User Communications and User Content. By submitting material through the Application (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, forum postings, comments on blogs, techniques, questions, comments or other communication, whether such submission is by a public feature of the Application or by private transmission, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted KJK a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You hereby grant KJK the right to edit, copy, publish and distribute any material made available on this Application by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that KJK may use any User Communication for any purpose in its sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that KJK shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. KJK has no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to KJK to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with these Terms of Use.
10. User-Generated Content Rules. If you become aware of any violation of these Terms of Use or other unacceptable behavior by any user, you should report such activity to KJK by emailing KJK at support at support@KJKapps.com. If you post information on through the Application, you are solely responsible for each User Communication that you post on the Application or transmit to other users and agree that you will not hold KJK responsible or liable for any User Communication from another user that you access on the Application. Moreover, KJK reserves the right to delete any User Communication, including scores from the Score Boards, from the Application for any reason.
11. Monitoring. KJK shall have the right to monitor the content of the Application at all times. Without limiting the foregoing, KJK shall have the right to remove any material that KJK, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including listings on any Score Boards.
12. Privacy. KJK cares about the privacy of our users. Please view KJK’s Privacy Policy, which is incorporated into this Agreement.
13. Security and Uptime. You acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of KJK. While KJK makes reasonable precautions against loss or theft of data, KJK shall not be responsible for any data lost or stolen while transmitting information on the Internet.
14. Purchases. The purchase of the Application and all purchases made within the application (commonly referred to as “in-app purchases”) are final. No refunds will be issued.
Intellectual Property
15. Copyright. All content on the Application, including, but not limited to, designs, text, graphics, pictures, video, information, music, sound, and other files, and their selection and arrangement (the "Application Content"), are the proprietary property of KJK with all rights reserved. No Application Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without KJK’s prior written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. The Application contain copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of KJK protected by copyright as a collective work under the United States copyright laws. You agree that you will not use any material from KJK except through the Application without written permission of KJK.
16. Trademarks. KJK, KJKapps.com, Submarine Destroyer, EZ Tip Calculator, Space Truckin, Little Shelby Coloring Book, Little Shelby, and KJK Apps are trademarks of KJK Apps, LLC. All rights in respect of these trademarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on KJK are the property of their respective owners. Trademarks that are located on the Application shall not be deemed to be in the public domain but rather the exclusive property of KJK Apps, LLC, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of KJK, unless otherwise stated.
Third Party Sites
17. Third Party Websites and Content. The Application may contains links to other websites and downloadable applications ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications to be downloaded, and/or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by KJK and in many cases are paid advertisements. KJK is not responsible for any Third Party Sites accessed through the Application or any content posted by any Website Users on this Application or any Third Party Sites regarding KJK. If you decide to leave the Application and access the Third Party Sites, you do so at your own risk and you should be aware that KJK’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Application. This includes any use of KJK’s Facebook Fan Page that is governed by the Facebook Terms of Service.
18. Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) and not of KJK. Neither KJK nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
Warranties and Disclaimers
19. Disclaimer of Warranty; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THIS APPLICATION IS AT YOUR SOLE RISK. IN NO EVENT WILL KJK OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APPLICATION. NEITHER KJK, ITS AFFILIATES NOR ANY OF THEIR DIRECTORS, MEMBERS, RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS APPLICATION, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED ON THIS APPLICATION. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, EITHER BODILY OR FINANCIALLY, CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION RESULTING FROM THE USE OF THIS APPLICATION. YOU SPECIFICALLY ACKNOWLEDGE THAT KJK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH THAT USER AND/OR THIRD PARTY. IN NO EVENT SHALL KJK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS APPLICATION OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS APPLICATION. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS APPLICATION.
20. No Liability of Partners. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER KJK, NOR ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS APPLICATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION INJURIES, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
21. As-Is Basis. USE OF THIS APPLICATION IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
22. Limitation of Liability. KJK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $5.00 OR THE AMOUNT PAID TO KJK, WHICHEVER IS GREATER. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO KJK BY YOU, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM KJK, REGARDLESS OF THE CAUSE OF ACTION.
23. State Law Limitations. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Miscellaneous
24. Waiver. The waiver by KJK of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by KJK.
25. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
26. Governing Law; Venue and Jurisdiction. By using this Application, you agree that the laws of the State of Colorado in the United States, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and KJK or any of KJK’s affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Colorado located in Denver, Colorado, United States and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.
27. Attorney Fees and Collection Costs. In the event that litigation results from or arises out of this Agreement or the performance thereof, you agree that should KJK prevail, you will reimburse KJK’s reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which KJK may be entitled, including, but not limited to, any costs of collection.
28. Indemnity. You agree to indemnify and hold KJK, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Application, your conduct in connection with the Application or any violation of this Agreement or of any law or the rights of any third party.
Privacy Policy
KJK Apps, LLC (hereinafter “KJK”) has established this privacy policy to explain to you how your information is protected, collected, and used through the KJK Application (the “Application”). KJK may update this policy at any time. KJK will provide notice of materially significant changes to this privacy policy by posting notice on the KJK site or through the KJK's Application.
Use of Application by Minors
KJK nor the KJK's Application does not knowingly collect any information from persons under the age of 13 years of age or who cannot legally enter a binding agreement.
Protecting Your Privacy
KJK makes all attempts to protect your private information. KJK will not share your personal information with any third parties without your consent unless otherwise stated in this Privacy Policy.
Data KJK Collects
KJK may collect your name, email address, birthday, physical address, and phone number if you use the KJK's Application.
KJK sometimes collects your email address, for purposes such as sending email newsletters, information about KJK and the KJK Application, and authenticating your account. By submitting your email KJK, you consent to emails from KJK.
KJK will release limited information to third parties who use the KJK Application. These include releasing information such as your email address, name, number of times that you have used the KJK Application, and geographical location (if the release of such is enabled in your device) to third parties, including, but not limited to, advertising companies.
KJK may collect personal information if you provide such information in feedback or comments or if you contact KJK directly. Any information posted on the Application is not confidential. Please do not post anything on KJK that you would like to keep private.
KJK's collect information from the Application, including the type of device you are using, the number of times you use the Application, times that you use the Application, and other information. This information helps KJK diagnose problems with Application, to administer the Application, and to otherwise provide the Application and service to you. In addition, KJK may collect other information from your interaction with our Application, services, content, and advertising, including connection information, statistics on usage, traffic to and from the Application, ad data, IP address, demographic and navigational data, and standard log information. This information may be obtained for KJK from a third party provider. KJK may use this information for marketing, commercial, or any other purpose as KJK sees fit, including providing it to third parties who advertise through the Application.
Data KJK Stores
All information posted to this Application, including account and Application usage information, is stored in KJK's database, even after "deletion," and may be archived elsewhere.
KJK's logs and other records, including those regarding the Application, are stored indefinitely. This may include any information you supply to KJK and your usage history. However, KJK cannot guarantee access to these records by third parties for more than seven business days after the original information was submitted, except for purchase information that is available until the items have been delivered.
Although KJK makes good faith efforts to store the information in a secure operating environment that is not available to the public, KJK cannot guarantee complete security.
KJK may store information in an off-site location, which may or may not be located in the United States and may not be bound by the laws of the United States.
Circumstances in which KJK may release information
KJK may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
KJK may disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of KJK, its users, or the general public.
KJK may disclose your information to third parties for use by KJK. This may include disclosure to email marketing providers to provide targeted marketing for our users. If you do not wish to receive email marketing from KJK, you will have the option to unsubscribe from the service.
KJK may disclose your information to other business entities should KJK plan to merge with or be acquired by that business entity.
International Users
KJK welcomes international users to use the Application. International Users consent to all the terms of service and this privacy agreement. International users waive any and all remedies that they may have based on the laws of their country.