Last updated August 20, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Kanboo App LLC (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in the United
Arab Emirates at Sharjah.
We operate the mobile application Kanboo App (the ‘App’), as well as any other related
products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively,
the ‘Services’).
You can contact us by email at info@kanboo.app.
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (‘you’), and Kanboo App LLC, concerning your access to
and use of the Services. You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE
WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING
THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to these Legal Terms from time to
time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal
Terms, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay informed of updates. You will
be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Services after the date such
revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of
18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.TABLE OF CONTENTS
10.SOCIAL MEDIA
12.ADVERTISERS
13.SERVICES MANAGEMENT
14.PRIVACY POLICY
15.COPYRIGHT INFRINGEMENTS
17.MODIFICATIONS AND INTERRUPTIONS
18.GOVERNING LAW
19.DISPUTE RESOLUTION
20.CORRECTIONS
21.DISCLAIMER
23.INDEMNIFICATION
24.USER DATA
25.ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26.CALIFORNIA USERS AND RESIDENTS
27.MISCELLANEOUS
28.CONTACT US
The information provided when using the Services is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country. Accordingly, those people who choose to access the Services from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The Services are 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 the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including
all source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics in the Services (collectively, the ‘Content’), as well as the
trademarks, service marks, and logos contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States
and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non
commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES’
section below, we grant you a non-exclusive, non-transferable, revocable licence to:
gained access, solely for your personal, non-commercial use or internal business
purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and
no Content or Marks may be copied, reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express prior
written permission.If you wish to make any use of the Services, Content, or Marks other than as set out in this
section or elsewhere in our Legal Terms, please address your request to: info@kanboo.app.
If we ever grant you the permission to post, reproduce, or publicly display any part of our
Services or Content, you must identify us as the owners or licensors of the Services, Content,
or Marks and ensure that any copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the ‘PROHIBITED ACTIVITIES’ section carefully prior to using
our Services to understand the (a) rights you give us and (b) obligations you have when you
post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback,
or other information about the Services (‘Submissions’), you agree to assign to us all
intellectual property rights in such Submission. You agree that we shall own this Submission
and be entitled to its unrestricted use and dissemination for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during which you may create,
submit, post, display, transmit, publish, distribute, or broadcast content and materials to
us or through the Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions, personal
information, or other material (‘Contributions’). Any Submission that is publicly posted shall
also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and
possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your name,
trademarks, and logos): By posting any Contributions, you grant us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish,
broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image,
name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare
derivative works of, or incorporate into other works, your Contributions, and to sublicense
the licences granted in this section. Our use and distribution may occur in any media
formats and through any media channels.
This licence includes our use of your name, company name, and franchise name, as
applicable, and any of the trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or
posting Contributions through any part of the Services or making Contributions accessible
through the Services by linking your account through the Services to any of your social
networking accounts, you: confirm that you have read and agree with our ‘PROHIBITED
ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable
law, waive any and all moral rights to any such Submission and/or Contribution; warrant that
any such Submission and/or Contributions are original to you or that you have the necessary
rights and licenses to submit such Submissions and/or Contributions and that you have full
authority to grant us the above-mentioned rights in relation to your Submissions and/or
Contributions; and warrant and represent that your Submissions and/or Contributions do
not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly
agree to reimburse us for any and all losses that we may suffer because of your breach of (a)
this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any
Contributions, we shall have the right to remove or edit any Contributions at any time
without notice if in our reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such Contributions, we may also
suspend or disable your account and report you to the authorities.
Copyright infringementWe respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately refer to the ‘COPYRIGHT INFRINGEMENTS’ section below.
By using the Services, you represent and warrant that: (1) all registration information you
provide is true, accurate, current, and complete; (2) you will maintain the accuracy of this
information and promptly update it as necessary; (3) you have the legal capacity to agree to
these Legal Terms and will comply with them; (4) you are not a minor in the jurisdiction in
which you reside; (5) you will not access the Services through automated or non-human
means, such as bots, scripts, or otherwise; (6) you will not use the Services for any illegal or
unauthorized purposes; and (7) your use of the Services will not violate any applicable laws
or regulations.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, we have
the right to suspend or terminate your account and deny any and all current or future use of
the Services (or any part thereof).
You may be required to register to use the Services. You agree to keep your password
confidential and are responsible for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select if we determine, at our sole
discretion, that it is inappropriate, obscene, or otherwise objectionable.
Billing and Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to
our charging your payment method on a recurring basis without requiring prior approval for
each recurring charge, until you cancel the applicable order. The length of your billing cycle
will depend on the type of subscription plan you selected.
Cancellation
You may cancel your subscription at any time by cancelling it in the application or by
contacting us using the contact information provided below. Your cancellation will take effect at the end of the current billing term. If you have any questions or are unsatisfied with
our Services, please email us at info@kanboo.app.
Fee Changes
We may make changes to the subscription fee from time to time and will notify you of any
price changes in accordance with applicable law.
You may not access or use the Services for any purpose other than their intended use. The
Services may not be used for commercial endeavors except those specifically endorsed or
approved by us.
As a user of the Services, you agree not to:
directly or indirectly, a collection, compilation, database, or directory without our
written permission.
information such as user passwords.
those that prevent or restrict the use or copying of any content or enforce limitations
on the Services and/or the content.
person.
material, including excessive use of capital letters and spamming, that disrupts the
uninterrupted use of the Services or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Services.
or messages, or using data mining, robots, or similar tools.
passive or active information collection mechanism, such as clear graphics
interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices.
services connected to the Services.
part of the Services to you.
Services.
JavaScript, or other code.
engineer any software that comprises or is part of the Services.
cheat utilities, scrapers, or offline readers, to access the Services or use or launch
any unauthorized script or software.
addresses of users for unsolicited emails, or creating user accounts by automated
means or under false pretenses.
commercial enterprise.
The Services may invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionalities, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text, writings, videos, audio,
photographs, graphics, comments, suggestions, or other materials (collectively,
‘Contributions’). Contributions may be viewable by other users of the Services and through
third-party websites. As such, any Contributions you transmit may be treated as non
confidential and non-proprietary. When you create or make available any Contributions, you
represent and warrant that:
accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade
secret, or moral rights of any third party.
releases, and permissions to use and authorize us and other users of the Services to
use your Contributions in any manner contemplated by the Services and these Legal
Terms.
individual person in your Contributions to use their name or likeness to enable
inclusion and use of your Contributions in any manner contemplated by the Services
and these Legal Terms.
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
libelous, slanderous, or otherwise objectionable (as determined by us).
violence against a specific person or group of people.
protection of minors.
origin, gender, sexual preference, or physical disability.
provision of these Legal Terms or any applicable laws or regulations.
Any use of the Services in violation of the foregoing may result in, among other things,
termination or suspension of your rights to use the Services.
By posting your Contributions to any part of the Services or making Contributions accessible
through linking your account from the Services to any of your social networking accounts,
you automatically grant, and represent and warrant that you have the right to grant, us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free,
fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial or otherwise, and to
prepare derivative works of, or incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license applies to any form, media, or technology now known or hereafter developed
and includes our use of your name, company name, and franchise name, as applicable, and
any trademarks, service marks, trade names, logos, and personal and commercial images
you provide. You waive all moral rights in your Contributions and warrant that no moral rights
have otherwise been asserted in your Contributions.
We do not claim ownership of your Contributions. You retain full ownership of all your
Contributions and any intellectual property rights or other proprietary rights associated with
them. We are not liable for any statements or representations in your Contributions provided
by you on any part of the Services. You are solely responsible for your Contributions to the
Services and expressly agree to release us from any and all liability and refrain from any legal
action against us regarding your Contributions.
We reserve the right, at our sole and absolute discretion, to (1) edit, redact, or otherwise
change any Contributions; (2) re-categorize any Contributions to place them in more
appropriate locations on the Services; and (3) pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to monitor your Contributions.
Use License
If you access the Services via the App, we grant you a revocable, non-exclusive, non
transferable, limited right to install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices strictly in accordance
with the terms and conditions of this mobile application license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the App; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from
the App; (3) violate any applicable laws, rules, or regulations in connection with your access
or use of the App; (4) remove, alter, or obscure any proprietary notice (including copyright or
trademark notices) posted by us or the App’s licensors; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed
or intended; (6) make the App available over a network or other environment allowing access
or use by multiple devices or users simultaneously; (7) use the App to create a product,
service, or software that is competitive with or a substitute for the App; (8) use the App to
send automated queries to any website or unsolicited commercial email; or (9) use any
proprietary information or our interfaces or intellectual property in the design, development,
manufacture, licensing, or distribution of any applications, accessories, or devices for use
with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple App Store
or Google Play (each an ‘App Distributor’) to access the Services: (1) the license granted to
you for our App is limited to a non-transferable license to use the application on a device
that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the App Distributor’s terms of service; (2) we are responsible
for providing any maintenance and support services with respect to the App as specified in
these Legal Terms or as required under applicable law, and you acknowledge that each App
Distributor has no obligation to provide maintenance and support services with respect to
the App; (3) in the event of any failure of the App to conform to any applicable warranty, you
may notify the App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and to the maximum extent
permitted by applicable law, the App Distributor will have no other warranty obligation with
respect to the App; (4) you represent and warrant that (i) you are not located in a country that
is subject to a US government embargo or designated as a ‘terrorist-supporting’ country by
the US government and (ii) you are not listed on any US government list of prohibited or
restricted parties; (5) you must comply with applicable third-party terms of agreement when
using the App, e.g., if you have a VoIP application, you must not violate their wireless data
service agreement when using the App; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions in this mobile
application license and that each App Distributor will have the right (and is deemed to have
accepted the right) to enforce the terms and conditions of this mobile application license
against you as a third-party beneficiary.
As part of the Services’ functionality, you may link your account with online accounts you
have with third-party service providers (each such account, a “Third-Party Account”) by
either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms
and conditions that govern your use of each Third-Party Account. You represent and warrant
that you are entitled to disclose your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without violating any terms and conditions that
govern your use of the applicable Third-Party Account, and without obligating us to pay any
fees or subjecting us to any usage limitations imposed by the third-party service provider of
the Third-Party Account. By granting us access to any Third-Party Accounts, you understand
that (1) we may access, make available, and store (if applicable) any content that you have
provided to and stored in your Third-Party Account (the “Social Network Content”) so that it
is available on and through the Services via your account, including, without limitation, any
friend lists, and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the Third-Party
Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings you have set in such Third-Party Accounts, personally identifiable information that
you post to your Third-Party Accounts may be available on and through your account on the
Services. Please note that if a Third-Party Account or associated service becomes
unavailable, or if our access to such Third-Party Account is terminated by the third-party
service provider, then the Social Network Content may no longer be available on and through
the Services. You will have the ability to disable the connection between your account on
the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including, but not limited to, accuracy,
legality, or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a
Third-Party Account and your contacts list stored on your mobile device or tablet computer
solely for identifying and informing you of those contacts who have also registered to use
the Services. You can deactivate the connection between the Services and your Third-Party
Account by contacting us using the contact information below or through your account
settings (if applicable). We will attempt to delete any information stored on our servers that
was obtained through such Third-Party Account, except the username and profile picture
associated with your account.11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the App) links to other websites (“Third
Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music,
sound, video, information, applications, software, and other content or items belonging to
or originating from third parties (“Third-Party Content”). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. The inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval
or endorsement thereof by us. If you decide to leave the Services and access the Third-Party
Websites or use or install any Third-Party Content, you do so at your own risk, and you should
be aware that these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which you
navigate from the Services or regarding any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and
from other companies, and we take no responsibility whatsoever in relation to such
purchases, which are exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such
products or services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas
of the Services, such as sidebar advertisements or banner advertisements. We simply
provide the space to place such advertisements, and we have no other relationship with
advertisers.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion,
violates the law or these Legal Terms, including, without limitation, reporting such user tolaw enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Services or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise
manage the Services in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy, in the
applicaction. By using the Services, you agree to be bound by our Privacy Policy. Please be
advised that the Services are hosted in the United Arab Emirates. If you access the Services
from any other region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in the United Arab Emirates,
then through your continued use of the Services, you are transferring your data to the United
Arab Emirates, and you expressly consent to have your data transferred to and processed in
the United Arab Emirates.
We respect the intellectual property rights of others. If you believe that any material
available on or through the Services infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a “Notification”). A
copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to applicable law, you may
be held liable for damages if you make material misrepresentations in a Notification. Thus,
if you are not sure that material located on or linked to by the Services infringes your
copyright, you should consider first contacting an attorney.
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN
OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE
OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS
OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, we reserve the right to take appropriate legal action, including,
without limitation, pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time
or for any reason at our sole discretion without notice. However, we have no obligation to
update any information on our Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Services during any downtime
or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases
in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in
accordance with the laws of the United Arab Emirates applicable to agreements made and
to be entirely performed within the United Arab Emirates, without regard to its conflict of law
principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to
these Legal Terms (each a ‘Dispute’ and collectively, the ‘Disputes’) brought by either you or us (individually, a ‘Party’ and collectively, the ‘Parties’), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal negotiations commence
upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Legal Terms, including
the determination of the scope or applicability of these Legal Terms to arbitrate, shall be
determined by arbitration in the United Arab Emirates before one arbitrator. The arbitration
shall be administered by the Dubai International Arbitration Centre (DIAC) pursuant to its
Arbitration Rules and Procedures. The arbitrator’s award shall be final, and judgment may
be entered upon it in any court having jurisdiction. This clause shall not preclude parties
from seeking provisional remedies in aid of arbitration from a court of appropriate
jurisdiction.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class
action basis or to utilize class action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that court.20. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies,
or omissions that may relate to the Services, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without prior
notice.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’
CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL
ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD
PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.22. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING OR $250.00 USD. 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 OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of
the Services; (3) breach of these Legal Terms; (4) any breach of your representations and
warranties set forth in these Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt harmful act toward
any other user of the Services with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree to cooperate,
at your expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups of data, you are solely responsible for all data
that you transmit or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of
such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
These Legal Terms and any policies or operating rules posted by us on the Services or in
respect to the Services constitute the entire agreement and understanding between you and
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations to others at any
time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision
of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture, partnership,
employment, or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be construed against
us by virtue of having drafted them. You hereby waive any and all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information
regarding use of the Services, please contact us at: info@kanboo.app
Gear up, game on, and welcome to Kanboo - Your Gateway to Gaming Paradise!
Gear up, game on, and welcome to Kanboo - Your Gateway to Gaming Paradise!