Kenness Ltd - Terms of Use

LAST UPDATED: 29 June 2022

THIS TERMS OF USE IS A LEGALLY BINDING AGREEMENT between you and Kenness Ltd (“Kenness”, “we” or “us”). By using the kenness.co.uk website (“Site”) or any other Kenness Services (as defined below) to which these terms are applied, you agree to all the terms and conditions of this Terms of Use (“Terms of Use”). This Terms of Use governs our Site and our apps, games, services, features and content (collectively, the “Service”), whether accessible or downloadable from the Site or third-party app stores or other sources. Whenever you use the Services, you agree to be bound by all of the terms and conditions of these Terms of Service.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SERVICE.

1. Your Acceptance of the Terms of Use

Please carefully read these Terms of Use, which affect your legal rights and obligations. By registering for an Account or otherwise using the Service, you represent that (1) you are age 13 or older, (2) you understand and agree to these Terms of Use, and (3) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms of Use. By accepting these Terms of Use, you are also consenting to the collection, use and disclosure of your information as described in our Privacy Policy at www.kenness.co.uk/privacy-policy, which is incorporated herein by reference in its entirety.

2. Changes to the Terms of Use and the Service

Kenness reserves the right to change or modify these Terms of Use at any time in its sole discretion. Any such change or modification will be effective immediately upon posting on the Service, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.

YOU AGREE THAT Kenness SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

Kenness reserves the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability.

3. Relationship to Other Agreements

Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third-party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service by means of a third-party website or source. In the case of any conflict between any Third-Party Agreement and these Terms of Use with respect to Kenness or any aspect of the Service, these Terms of Use will control.

4. Registration, User Data and Accounts

You may register for a user account that enables you to use the Service (an “Account”). You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current, Kenness has the right to suspend or terminate your Account and refuse any and all current or future use of the Service by you.

Each user of the Service is allowed a maximum of one Account per Device. A “Device” must embed Apple’s operating system or the Android operating system. You may not sell, trade, or otherwise transfer or assign your Account to another party, except as expressly provided in Section 5 of these Terms of Use. You are responsible for maintaining the confidentiality of your password and Account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or Account with or without your knowledge. You agree to immediately notify Kenness of any unauthorized use of your password or Account or any other breach of security.

5. Rights to Use the Service

Subject to your compliance with these Terms of Use, Kenness grants you a limited, revocable, non-exclusive, non-transferable, nonsublicensable license to use and display, solely for your personal, non-commercial use, solely on a single computer to access the Site and solely on a Device to access Kenness’ applications, the following: (a) such portions of the Service as are freely accessible from the Kenness Site or that are, with Kenness’ authorization, made freely accessible from third party websites or sources, and (b) provided that you have paid the applicable fees and satisfied applicable conditions, such other portions of the Service accessible on a for-payment basis. You may transfer your Account or portions of the Service from one Device to another only as expressly authorized and enabled by Kenness through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the Account being transferred. After you transfer the Service to a new Device, it will be automatically removed from the old Device. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, derive the source code from, reverse engineer, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Kenness or its licensors, except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of Section 2 above, Kenness reserves the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with the terms and conditions of these Terms of Use, including without limitation by charging fees for such license. Kenness reserves the right to cease providing service at any time, for any reason.

6. Service Materials, Ownership, Trademarks and Feedback

Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, as between you and Kenness, Kenness and its licensors own and will retain ownership of all right, title and interest in and to the Service and the Service Materials. “Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or portions thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by obtaining any Free Virtual Currency or purchasing any Paid Virtual Currency or Virtual Goods (each as defined below).

You acknowledge and agree that the Service Materials are protected by, and their use, copying and dissemination may be restricted by, applicable intellectual property and other laws in both the United Kingdom and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by Kenness and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by Kenness and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

The term Kenness, the Kenness logo and other Kenness logos and product and service names are trademarks and service marks of, and are owned by, Kenness. Except as expressly set forth herein, you may not use or display such trademarks in any manner without Kenness’ prior written permission. All third-party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any Kenness trademarks or service marks as “metatags” on other websites is prohibited.

If you provide Kenness with comments, suggestions or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such Feedback shall be the exclusive property of Kenness. You agree that unless otherwise prohibited by law, Kenness may use, sell, disclose and otherwise exploit the Feedback in any way and for any purpose, without restriction and without compensation to you.

7. User Content

The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to Kenness and other users of the Service, whether via e-mail or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). Kenness has no obligation to accept, display, review, maintain or otherwise exploit any User Content.

You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. Kenness has no obligation to pre-screen, review, examine, evaluate or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness or any other quality. Kenness makes no, and hereby disclaims any and all, warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable or that does not otherwise meet your needs. You agree that you must evaluate, and bear all risks associated with, the use of any User Content available in connection with the Service. Under no circumstances will Kenness be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content, or any loss or damage of any kind incurred as a result of the use of such User Content.

Notwithstanding the foregoing, Kenness reserves the right in its sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, disable access to or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may bring User Content that you believe violates these Terms of Use, or other inappropriate user behavior, to Kenness’ attention by emailing contact@kenness.co.uk.

8. Your Content

User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that Your Content will not be returned to you.

You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without Kenness incurring any third-party obligations or liability arising out of its exercise of such rights and licenses. Kenness does not claim any ownership rights in Your Content and, except as expressly set forth herein, nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

You hereby grant to Kenness a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant to Kenness the right to sublicense and authorize others to exercise any of the rights granted to Kenness under these Terms of Use. You further perpetually and irrevocably grant Kenness the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless whether Your Content is altered or changed in a manner not agreeable to you.

Kenness has no obligation to monitor or enforce your intellectual property rights in or to Your Content.

9. Restrictions and Rules of Use

You may only register an account and/or use the Service if use of the service is legal from where you access it.

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer or sell for any commercial purposes any portion of the Service, use of the Service or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

You agree to not use the Service to transmit, make available or otherwise promote or support:

(a) any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libelous, invasive of another’s privacy, hateful, discriminatory or disparaging or otherwise objectionable or inappropriate;

(b) any User Content that promotes illegal activity, such as drug use;

(c) any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(d) any User Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;

(e) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(f) any spyware, passive collection mechanism or any other code or material that acts as a passive or active information collection or transmission mechanism;

(g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or

(h) unreleased Service content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any portion of the Service.

You further agree not to:

(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(ii) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service;

(iii) use the Service to intentionally or unintentionally violate any applicable local, state, national or international law;

(iv) use the Service to harm minors in any way;

(v) use the Service to reveal any personal information about another individual, including any information that may be used to track, contact or impersonate that individual;

(vi) defraud or mislead Kenness or other users or otherwise engage in any suspicious activity;

(vii) use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind;

(viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(ix) create any Account by automated means or false pretenses, create more than one Account per Device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;

(x) cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs or other “cheat utility” software program or applications which are designed to modify the Kenness experience to the detriment of fair play; or

(xi) sell or transfer the Service (or any portion thereof), your Account or access to your Account in exchange for legal tender or other actual currency, or for other goods, services or items of monetary value.

You also agree not to access the Service: (x) by any means other than through the interface that is provided by Kenness for use in accessing the Service; (y) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (z) by forging or manipulating identifiers in order to disguise the origin of any access to the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content, and you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the country in which you reside.

These rules of use are not meant to be exhaustive, and Kenness reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services and to take action – up to and including termination of your Account and exclusion from further participation in the Services.

10. Free and Paid Virtual Currency and Virtual Goods

The Service may include virtual currency, such as coins, points or similar that may be provided to you at no charge by Kenness, earned through game-play or otherwise obtained at no cost to you through game-play on the Service, the (“Free Virtual Currency”). In addition, you may purchase, for legal tender or actual currency and subject to applicable law, virtual currency, the (“Paid Virtual Currency”). Kenness reserves the right, at any time and at its sole discretion, to manage, regulate, control, modify or eliminate Free and Paid Virtual Currency, and Kenness shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service in accordance with these Terms of Use any Free and Paid Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by Kenness. You have no other right, title or interest in or to any such Virtual Currency appearing or originating in the Service.

Kenness prioritizes the use of Free and Paid Virtual Currency in game-play such that any Paid Virtual Currency is first consumed, and secondly, any Free Virtual Currency is then consumed.

Kenness prohibits transfer of Free and Paid Virtual Currency out of your account (e.g., to another user account) except in such cases in which Kenness provides a feature to do so. Additionally, Kenness prohibits transfers of accounts between users. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.

You hereby acknowledge and agree that the sale, gift, leasing, sharing, license, or other transfer of Virtual Currency, whether Free or Paid, is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem or otherwise transfer any Free and Paid Virtual Currency to any other user of the Service or any other party.

You agree that all purchases by you of Paid Virtual Currency are final and, except as determined by Kenness in its sole and absolute discretion, non-refundable. You acknowledge and agree that upon termination of these Terms of Use, your Account or the Service for any reason, including upon Kenness’ discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency, whether Free or Paid, will be forfeited by you, and Kenness will have no liability to you in connection therewith.

11. Posting On Other Websites and Linking to the Service

Subject to these Terms of Use, Kenness agrees to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as Kenness may authorize in writing, for non-commercial purposes only and only on your personal website or on a third party website that permits posting of such content at the direction of users, provided that such third party website (i) is not a commercial competitor of Kenness, (ii) does not criticize, or take other actions that could reasonably expected to result in harm to, Kenness, (iii) does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction, (iv) does not charge for access to such content and does not associate products, services or advertising with such content, and (v) together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party and does not host, post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third party website, an “Authorized Website”). Kenness agrees to grant you a non-exclusive, limited license, revocable at Kenness’ discretion, for you to link to Kenness’ home page from any Authorized Website. You may not display the Service or any portion thereof in frames or “in-line links” without express written permission from Kenness.

12. Termination

These Terms of Use will remain effective until terminated by either party. You may terminate these Terms of Use at any time and for any reason by (a) uninstalling the Kenness app (or, if you have not installed any Kenness apps, by sending an email to contact@kenness.co.uk notifying Kenness of your termination), (b) deleting or otherwise destroying all Service-related materials and (c) ceasing use of the Service.

Kenness may terminate these Terms of Use, your Account and your access to the Service (or, at Kenness’ sole option, applicable portions of the Service) at any time and for any reason. Kenness may, at its option and in its sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that Kenness is not required to provide you with any such notice or warning prior to any such termination under this Section. In addition, Kenness may notify authorities or take any actions it deems appropriate (including without limitation suspending your Account and your access to the Service), without notice to you if Kenness suspects or determines that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by Kenness; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Kenness, any third parties or the Service itself.

You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your usernames, achievements, and all Free and Paid Virtual Currency, as applicable. You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or Kenness, you will not be entitled to and Kenness will not be liable to you or any third party for any refund, reimbursement or other liability. If Kenness terminates your Account, you may not participate in the Service or any other Kenness service without Kenness’ express written permission. To request permission for post-termination participation in a Kenness service, email contact@kenness.co.uk. Kenness reserves the right to refuse to keep Accounts for, and provide Kenness services to, any individual. You shall not allow individuals whose Accounts have been terminated by Kenness to use your Account.

13. Disputes With Others

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. Kenness hereby disclaims any and all liability to you or any third party relating to your use of the Service. You will cooperate fully with Kenness to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Kenness access to any password-protected portions of your Account. Kenness reserves the right, but has no obligation, to monitor and manage disputes between you and other users of the Service.

14. Disclaimers of Warranties and Damages, Limitations of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.

THE Kenness PARTIES (AS DEFINED BELOW) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Kenness PARTIES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

THE “Kenness PARTIES” ARE COMPRISED OF Kenness Ltd AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS.

UNDER NO CIRCUMSTANCES SHALL THE Kenness PARTIES BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Kenness PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Kenness or any other Kenness Party may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Kenness and such Kenness’ liability shall be the minimum permitted under such applicable law.

15. Links to External Locations and Third-Party Websites

The Service may contain links to third-party websites or resources. You acknowledge and agree that Kenness is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Kenness of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Kenness may remove any links at any time for any reason or for no reason.

16. Indemnification

You agree to indemnify, defend and hold the Kenness Parties harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (1) information in your Account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (2) your (or anyone accessing the Service using your password) use of the Service, (3) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (4) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

17. APPLICABLE LAW

These Terms and our relationship will be governed by the law of England and Wales.

18. VENUE FOR LEGAL DISPUTES

You and Kenness both consent to venue and personal jurisdiction in England and Wales.

19. SEVERABILITY

If any part of these Terms or the Privacy Policy is not enforceable, the rest of these Terms of Use and Privacy Policy still applies and is binding and any unenforceable term will be substituted reflecting our intent as closely as possible.

20. Miscellaneous

You agree to be responsible for obtaining and maintaining all telephone, computer hardware mobile devices and other equipment needed for access to and use of the Service, and all charges related thereto.

Kenness operates and controls the Service from its offices in the United Kingdom. Kenness makes no representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Kenness to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service 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.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Kenness as a result of these Terms of Use or your use of the Service. These Terms of Use constitute the entire agreement between you and Kenness with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by Kenness. The failure of Kenness to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use may not be assigned by you without Kenness’ prior written consent, but are freely assignable by Kenness. The section headings used herein are for convenience only and shall not be given any legal import. Upon Kenness’ request, you will furnish Kenness any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against Kenness by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account or the Service: Section 6 (Service Materials, Ownership, Trademarks and Feedback), Section 8 (Your Content), Section 12 (Termination), Section 13 (Disputes with Others), Section 14 (Disclaimers of Warranties and Damages, Limitations of Liability), Section 16 (Indemnification), Section 18 (Applicable Law) and Section 21 (Miscellaneous).

21. Terms Applicable to Apple iOS Users

The following terms are applicable solely if, and to the extent, you use the Services on an Apple iOS device:

Acknowledgement: This Terms of Use is concluded between you and us only, and not with Apple LLC (“Apple”). We, not Apple, are solely responsible for the Service and the content thereof.
Scope of License: The license granted to you for the Service is limited to a non-transferable license to use the Service on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
Product Claims: We, not Apple, are responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms of Use does not limit our liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: In the event of any third-party claim that the Service or your possession and use of that Service infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact: Any questions, complaints or claims with respect to the Service should be directed to Kenness at the email address listed below.
Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Service, e.g., if you use the Service through a social network, you must not be in violation of the social network agreement or terms of use when using the Service.
Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use and will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof.