THE FOLLOWING KYON TERMS AND CONDITIONS OF USE (“THE KYON TERMS”) CAREFULLY
BEFORE USING THE GOODS AND SERVICES OFFERED BY THE WWW.KYONTRACKER.COM WEBSITE (“THE SITE”). THE WEBSITE WWW.KYONTRACKER.COM OPERATES ALSO AS AN ONLINE SHOP (E-SHOP) FOR THE GOODS LISTED THEREIN.
1. Introduction - Agreement
This is an agreement between KYON LTD (“we” or "us" or "our" or other
similar pronouns), Site operator and owner
of the KYON TRACKER device and all related software or applications or devices
that we provide through the Site ("Goods and Service") and you (“you” or “You”), the user of the Site, subject to and in accordance with the KYON
of the Site as well as your use and purchase of Goods and Services, excluding
any products and services provided to you by us under a separate written
some instances, using the Site requires that you install our software on your
computer or mobile device (the "Software").
visiting the Site or using the Goods and Services in any manner, you,
unreservedly and unconditionally, acknowledge and accept the KYON Terms and
agree to be bound by them, to the exclusion of any other KYON Terms. You may
terminate these KYON Terms at any time by uninstalling the Software (if any),
cancelling your account with us, and no longer accessing the Site. Some
provisions will continue to be effective after termination of these KYON Terms.
Do not access or use the Site or our Software and refrain from any relevant
transactions, if you are unwilling or unable to acknowledge and be bound by
these KYON Terms.
may modify these KYON Terms from time to time. When changes are made, we will
notify you by making the revised version available on this webpage and changing
the Effective Date at the end of these KYON Terms. You agree to revisit the
Site and carefully read the KYON Terms on a regular basis as revised versions
will be binding on you. Any such modification will be effective upon our
posting of new KYON Terms. You acknowledge and agree that your continued access
to or use of the Site or Software or the Goods and Services after any posted
modification to the KYON Terms indicates your full acceptance of any
notices published by us, shall constitute the entire agreement between you and
us concerning the access and use of our Site and our Goods and Services. If any
provision of the KYON Terms is deemed invalid by a court of competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of the KYON Terms, which shall remain in full force
and effect. No waiver of any term of this the KYON Terms shall be deemed a
further or continuing waiver of such term or any other term, and our failure to
assert any right or provision under the KYON Terms shall not constitute a
waiver of such right or provision. The KYON Terms neither exclude nor limit any
of your mandatory rights in your country of residence that cannot by law be
waived. If a provision of this agreement is found to be invalid, the validity
of the remaining provisions is not affected.
A "user" is someone who accesses, browses, crawls, scrapes, or in any
way uses the Site.
"Content" means text, images, photos, audio, video, and all other
forms of data or communication. "Your Content" means Content that you
submit or transmit to or through the Site, such as location information and any
message you may post on or through the Site or information that you display as
part of your account profile. "User Content" means Content that users
submit or transmit to or through the Site including Your Content. "Our
Content" means Content that we create and make available on the Site.
"Third Party Content" means Content that is made available on the
Site by parties other than us or our users, such as data providers who license
data to us for use on the Site. "Site Content" means all of the
Content that is made available on the Site, including Your Content, User
Content, Third Party Content, and Our Content.
Site and the Software are not intended for children under the age of 13 and we
do not knowingly collect information from children under the age of 13. If we become aware that a user is under the
age of 13 and has submitted any information to us for any purpose, we will
delete his or her information from our files. In addition, if a parent or
guardian becomes aware that a child has submitted personal information, that
parent or guardian should immediately notify us at the email address listed on
the Site and we then shall proceed with the removal of such information from
the Site and deletion from our records. If the user is 14 or older but under
the age of 18, the user shall review the KYON Terms with his / her parent or
guardian to make sure that the user fully understands the KYON Terms. Further, all
users represent and warrant that they (a) have not previously been suspended by
us or removed from the Site; (b) do not have more than one account for the Site
at any given time; and (c) have full power and authority to enter into these KYON
Terms and in doing so will not violate any other agreement to which they may be
and disclosure of information we collect from you. The information we collect
is stored and processed by us on servers in USA, Delaware and potentially other
countries. By installing the Software or using the Site you consent to any such
transfer of your information outside your country and/or outside the country
where you access or use the Site or have installed the Software.
5. Access and use of the Site and the Goods and
virtue of the Agreement, we grant you
permission to access and use the Site as well as the Goods and Services in
access and use is solely for your personal use, (ii) you are not permitted to
access and use the Site and the Goods and Services in any
manner that is inconsistent with the KYON Terms such as charging others for use
of or access to the Site; (ii) you will not duplicate, transfer, give access
to, copy or distribute any part of the Contents in any medium without our prior
written authorization; (iii) you will not attempt to reverse engineer, alter or
modify any part of the Goods and Services; and (iv) you will otherwise fully
Policy. We reserve the right to set limits on the use of the Site as well as
the Goods and Services at our discretion.
6. Restrictions on Access and Use.
agree that you will not, and will not assist or enable others to:
use the Site to threaten, stalk, defraud, incite, harass, or advocate the
harassment of another person, or otherwise interfere with another user's use of
use the Site to submit or transmit spam, chain letters, contests, junk email,
pyramid schemes, surveys, or other mass messaging, whether commercial in nature
use the Site for promotional or commercial purposes, except as expressly
allowed in writing by us;
use the Site in a manner that may create a conflict of interest, such as
trading reviews with other business owners or writing or soliciting shill
use the Site for keyword spamming or to otherwise attempt to manipulate natural
use the Site to promote bigotry or discrimination against protected classes;
use the Site to violate any third-party right, including any breach of
confidence, copyright, trademark, patent, trade secret, moral right, privacy
right, right of publicity, or any other intellectual property or proprietary
use the Site to submit or transmit pornography or illegal content;
use the Site to solicit personal information from minors or to harm or threaten
to cause harm to minors (or persons of any age);
use the Site in violation of these KYON Terms or any applicable law;
modify, adapt, appropriate, reproduce, distribute, translate, create derivative
works or adaptations of, publicly display, sell, trade, or in any way exploit
the Site or Site Content (other than Your Content), except as expressly
authorized by us;
reverse engineer any portion of the Software, the Goods and Services or the
remove or modify any copyright, trademark or other proprietary rights notice on
the Site or on any materials printed or copied off of the Site
record, process, or mine information about other users;
use any robot, spider, site search/retrieval application, or other automated
device, process or means to access, retrieve, scrape, or index the Site or any
access, retrieve or index the Site for purposes of constructing or populating a
searchable database of business reviews;
reformat or frame any portion of the Site;
take any action that imposes, or may impose in our sole discretion, an
unreasonable or disproportionately large load on our technology infrastructure;
attempt to gain unauthorized access to the Site, user accounts, computer
systems or networks connected to the Site through hacking, password mining or
any other means; use the Site or any Site Content to transmit any computer
viruses, worms, defects, Trojan horses or other items of a destructive nature
(collectively, "Viruses"); use any device, software or routine that
interferes with the proper working of the Site, or otherwise attempt to
interfere with the proper working of the Site; make excessive traffic demands;
use the Site to violate the security of any computer network, crack passwords
or security encryption codes; disrupt or interfere with the security of, or
otherwise cause harm to, the Site or Site Content; remove, circumvent, disable,
damage or otherwise interfere with any security-related features of the Site,
features that prevent or restrict the use or copying of Site Content, or
features that enforce limitations on the use of the Site.
7. User Accounts.
need to create an account and provide information about yourself in order to
use some of the features on the Site. You are responsible for maintaining the
confidentiality of your account password. You are also responsible for all
activities that occur in connection with your account. You agree to notify us
immediately of any unauthorized use of your account. We reserve the right to
close your account at any time for any or no reason. You will use your account
for your personal, non-commercial use only. In creating an account, you may not
impersonate someone else, create an account for anyone other than yourself,
provide an email address other than your own, or create multiple accounts. Some
features of the Site may allow you to send and receive text messages (SMS) on
your mobile device. You grant us authorization to send SMS to your account.
Message and data rates may apply and you will be responsible for paying such
charges. Check with your carrier if you have questions about your plan and
costs. To stop receiving text messages from this service, text STOP. Text HELP
for more information about the text messaging service.
authorize us and our affiliates, agents and independent contractors to contact
you at any telephone number or email or address you provide to us or through
which you communicate with us. If you
want to make a change in how we contact you please contact us. You explicitly
consent that we and our affiliates, agents and independent contractors may
listen to or record telephone calls between you and our representatives without
additional notice to you.
8. Permission to Use Your Content.
our sole discretion, we may display Your Content on the Site in order to
provide our service(s) and we may use Your Content to promote our Site,
Software, our Goods and Services and for any other business uses. Please note,
we reserve certain rights to preserve Your Content in our off-line servers as
be waived, any claims and assertions of moral rights or attribution with
respect to Your Content.
9. Responsibility for and use of User Contents.
are solely responsible for your conduct and any data, text, files, information,
usernames, images, graphics, photos, profiles, audio and video clips, sounds,
musical works, works of authorship, applications, links and other content or
materials (collectively "User Content") that you submit, post or
display on or via the Site. You acknowledge and agree that we are not
responsible for, and do not endorse, Content posted on the Site. We do not have
any obligation to prescreen, monitor, edit, or remove any Content. If your
Content violates these KYON Terms, you may bear legal responsibility for that
do not claim ownership of any User Content that you post on or through the
Site. You hereby grant to us a non-exclusive, fully paid and royalty-free,
transferable, sub-licensable, worldwide license to use the Content that you
represent and warrant that: (i) you own the Content posted by you on or through
the Site or otherwise have the right to grant the rights and licenses set forth
in the KYON Terms; (ii) the posting and use of your Content on or through the
Site does not violate, misappropriate or infringe on the rights of any third
party, including, without limitation, privacy rights, publicity rights,
copyrights, trademark and/or other intellectual property rights; (iii) you
agree to pay for all royalties, fees, and any other monies owed by reason of
posting the Content on or through the Site; and (iv) you have the legal right
and capacity to enter into the KYON Terms in your jurisdiction.
reserve the right to remove any Content from the Site for any reason, without prior
notice. Content removed from the Service may continue to be stored by us,
including, without limitation, in order to comply with certain legal
obligations, but may not be retrievable without a valid court order.
Consequently, we encourage you to maintain your own backup of your Content. You
agree that you will not rely on the Site for the purposes of Material backup or
storage. We will not be liable to you for any modification, suspension, or
discontinuation or the loss of any Content. You also acknowledge that the
Internet may be subject to breaches of security and that the submission of
Content or other information may not be secure.
non-confidential and non-proprietary and we will not be liable for any use or
disclosure of Content by third parties. You acknowledge and agree that your
relationship with us is not a confidential, fiduciary, or a special
relationship of any other type, and that your decision to submit any Content on
the Site does not place us in a position that is any different from the
position held by members of the general public, including with regard to your Content.
None of your Content will be subject to any obligation of confidence on the
part of us and we shall not be liable for any use or disclosure of any Content
10. Additional KYON Terms for Forums.
Site may provide one or more forums, testimonials, endorsements or other
interactive or social media features ("Forums") for users of our Site
to exchange information with each other and with us about the Site and the
Goods and Services offered through it (the "Purpose"). If you use the
Forums, in addition to any other KYON Terms we may require when you register to
use the Forums or otherwise posted at or on the Forums, you agree to the
You agree not to use the Forums for any reason other than the Purpose.. Except
as permitted through a "Share" function which we may provide on the
Forums (or with our express written permission), you may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute in any way any
material from the Forums including, but not limited to, any code or software we
Opinions expressed in the Forums or elsewhere on the Site and in any
corresponding comments are the personal opinions of the original authors, and
do not necessarily reflect our views, even if such opinion have been expressed
by individuals working for us or are by any means related to us. Additionally,
our Site and Forums may include advertisements, testimonials and endorsements
that feature users and convey his or her experience with our products and
services. In some cases, these users may have been provided our product or
service free of charge, for purposes of reviewing such product or service, and
providing his or her feedback, or may have been provided other remuneration or
consideration, such as the potential for a television appearance. While a
consumer may have received remuneration for our advertisements, testimonials
and endorsements, our policy is to solicit honest opinions, findings, beliefs
or experiences with our products and services.
All messages express the views of the author, and we will not be held
responsible for any message or associated content.
You take full responsibility for any and all messages and associated content
you post to the Forums or exchange through the Forums. In addition, if you post
any messages, upload files, input data, or engage in any other form of
communication through the Forums (a "Posting"), you represent and
warrant the following: (a) you own all right, title, and interest in and to the
Posting, or you have been granted sufficient rights in and to the Posting
allowing you to post such Posting, (b) you will not post any messages or other
materials that are obscene, vulgar, sexually-orientated, hateful, threatening,
or otherwise violate any laws, (c) you must not breach obligations of
confidentiality that you owe to another party either in posting or using a Posting,
(d) any Postings you make to the Site do not infringe any third party
copyright, trademarks, any other intellectual property rights or any applicable
law and (e) you will indemnify us and our affiliates, partners, licensors,
service providers, content providers, and their and our directors, officers,
employees and agents against all claims, losses, liabilities, costs, damages
and expenses incurred by us or them due to any breach by you of these KYON
Terms or your use of the Forums. For the purposes of this section, references
to "your use" of the Forums shall be deemed to include any use by a
third party where such third party accesses the Forums using your computer.
When using the Forums and viewing Postings, you need to be aware of the
the Forums may include contributions from various sources over which we have no
control (including any content submitted by third party users);
we do not pre-screen or exercise editorial control over Postings, and take no
responsibility for such Postings and
we reserve the right to edit or remove Postings at any time and in our sole
discretion, including those that are in breach of these KYON Terms or in breach
of any obligation of confidentiality You owe us, infringe or are alleged to
infringe the intellectual property rights of any third party, or are
defamatory, or otherwise are not relevant to the Forums and we will not be
liable in relation to the removal of, or failure to remove, any Postings.
Our Forums may allow you to send messages directly to other Forum users who
have made their contact information available for receiving such messages. You
agree to only send messages to other Forum users for the purpose of exchanging
information about the Purpose and any other use of the ability to send messages
to other Forum users is strictly prohibited. Moreover, you shall not use the
contact information made available through the Forum for any of the following:
(1) to send unsolicited commercial email (i.e., spam) or any other type of
unsolicited commercial message, or (2) to send any message that is vulgar,
sexually-orientated, hateful, threatening, or otherwise violates any laws.
By adding a Posting to the Forum, you are granting us a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use,
copy, sublicense, adapt, transmit, publicly perform or display any such
Posting, (b) use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, play, host, communicate, make
available and publish your Posting without restriction and (c) sublicense to
third parties the unrestricted right to exercise any of the foregoing rights
granted with respect to the Posting. The foregoing grants shall include the
right to exploit any ideas, concepts, intellectual property, or proprietary
rights in such Posting, including but not limited to rights under copyright,
trademark, service mark or patent laws under any relevant jurisdiction without
us owing any monies to you whatsoever.
Our Forums may contain additional rules or posting guidelines. In such case,
you agree to conform your Postings to any such additional rules or posting
guidelines found in such Forums.
11. Intellectual Property Rights.
to compliance with these KYON Terms, we are granting you a non-exclusive,
non-transferable, revocable limited license to access the Site as well as the
Goods and Services for your personal use only. You agree not to use the Site as
well as the Goods and Services for any other purpose. If you violate any of
these KYON Terms, we reserve the right to terminate your license without
design and lay-out of the Site as well as the Goods and Services along with its
created text, scripts, graphics, interactive features and logos contained
therein ("Marks"), are owned by or licensed to us, and are protected
under copyright, trademarks, patents and other intellectual property rights by
virtue of Greek and foreign laws and international conventions.
accessing and using the Site or the Software or the Goods and Services or
agreeing to these KYON Terms, we are not granting you any right, title,
interest or license in and to any of our intellectual property rights of those
of our affiliates, including but not limited to those related to (a) our KYON
trademarks, (b) system on the tracking devices and (c) any other hardware or
software is used with respect to such tracking devices.
12. Third Party Intellectual Property Rights.
as part of the Site and/or the Software and/or the Goods and Services provided
to you, there may be other elements (such as software) that are licensed and
available to you by virtue of third party license agreements, including but not
limited to Microsoft's Bing Maps service and Google’s Maps service. To the
extent that these KYON Terms may conflict with licenses or agreements governing
your rights to that elements, the KYON Terms and conditions of such third party
agreements are the prevailing ones.
Site and/or the Software may provide access to Microsoft's Bing Maps service.
Access to Microsoft's Bing Maps service is subject to the Microsoft Bing KYON
Terms”) and the Microsoft Privacy Statement at
http://go.microsoft.com/fwlink/?Linkid=81184, or such other locations as
Microsoft may specify from time to time. If you do not accept the Bing Maps KYON
Terms or Microsoft's Privacy Statement, including all limitations and
restrictions therein as may be updated by Microsoft from time to time, you may
not use the Bing Maps service. Your use of the Bing Maps service will
constitute your acceptance of the Bing Maps KYON Terms and Microsoft's Privacy
Site and/or Software may provide access to Google's Maps service. Access to
Google's Maps service is subject to the Android Maps APIs KYON Terms of Service
when accessed from an Android mobile application component of the Site, the
Google Maps KYON Terms of Service at http://code.google.com/apis/maps/iphone/KYON
Terms.html, when accessed from an iPhone mobile application component of the
Site (collectively, the "Google Maps KYON Terms"), and the Google
and restrictions therein as may be updated by Google from time to time, you may
not use the Google Maps service. Your use of the Google Maps service will
constitute your acceptance of the Google Maps KYON Terms and Google's Privacy
Site and/or Software may provide access to Apple Maps service. Access to Apple
Maps service is subject to the Apple Maps KYON Terms of Service at http://
www.apple.com/legal/internet-services/maps/KYON Terms-en.html (the "Apple Maps
reference into the Apple Maps KYON Terms and can be viewed at:
http://www.apple.com/legal/privacy/. If you do not accept the Apple Maps KYON
therein as may be updated by Apple from time to time, you may not use the Apple
Maps service. Your use of the Apple Maps service will constitute your
may make available third party products and services for purchase through the
Site. Descriptions and images of, and references to, third party products or
services available in connection with the Site do not imply our endorsement of
such third party products or services. All descriptions, images, references,
features, content, specifications, products and prices of products and services
described or depicted on the Site are subject to change at any time without
notice. Certain weights, measures and similar descriptions are approximate and
are provided for convenience purposes only. The inclusion of any products or
services on the Site at a particular time does not imply or warrant that these
products or services will be available at any time. It is your responsibility
to ascertain and obey all applicable local, state, federal and international
laws (including minimum age requirements) in regard to the possession, use and
sale of any item purchased from this Site. By placing an order, you represent
that the products ordered will be used only in a lawful manner. We reserve the
right, with or without prior notice, to limit the available quantity of or
discontinue any product or service, to impose conditions on the honoring of,
any coupon, coupon code, promotional code or other similar promotions, to bar
you from making purchase(s), and/or to refuse to provide you with any product
or service. You agree to pay all charges that may be incurred by you or on your
behalf through the Site, at the price(s) in effect when such charges are
incurred, including without limitation all shipping and handling charges. In
addition, you remain responsible for any taxes that may be applicable to your
purchases. The risk of loss and title to products purchased on the Site pass to
the purchaser upon delivery to the carrier.
13. Notices of Infringement of Intellectual
of claimed infringement of Intellectual Property Rights, including but not
limited to trademark, copyright, patent and design infringement, should be sent
In writing at the following address:
LTD, 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limmasol,
By phone at the following lines:
Kingdom, London 44-20-38070085
States, New York 1-917-2849501
c. By email at the following email address: email@example.com
be effective, the Notification shall be precise, expressly refer to the
infringed rights and the provisions of law invoked and shall be accompanied
with the relevant proof of ownership (such as ownership certificates, registry
a reasonable time after receipt of the written Notification, we will attempt to
look into the matter and, in our sole discretion, we may contact the alleged
infringer or remove or disable access to the Content that is allegedly
14. Site Availability.
it is our intention for the Service to be available as much as possible, there
will be occasions when the Service may be interrupted, including, without
limitation, for scheduled maintenance or upgrades, for emergency repairs, or
due to failure of telecommunications links and/or equipment. Also we reserve
the right to modify, update, or discontinue the Site at our sole discretion, at
any time, for any or no reason, and without notice or liability.
15. Unauthorized Access.
reserve the right to exercise whatever lawful means we deem necessary to
prevent unauthorized access to or use of the Site, including, but not limited
to, technological barriers, IP mapping, and contacting your Internet Service
Provider (ISP) regarding such unauthorized use.
16. Links to Third Parties.
Site may include links to other websites (each, a "Third Party
Site"). We do not control or endorse any Third Party Site, and you agree
that we are not responsible for the availability or contents of such Third
Party Sites. Some of the products and services made available through the Site
are provided in connection with third parties and subject to additional KYON
Terms posted here which you are bound by in accordance with its KYON Terms,
which KYON Terms are incorporated herein by reference.
17. Suggestions and Improvements.
sending us any ideas, suggestions, documents or proposals
("Feedback"), you agree that (i) your Feedback does not contain the
confidential or proprietary information of third parties, (ii) we are under no
obligation of confidentiality, express or implied, with respect to the
Feedback, (iii) we may have something similar to the Feedback already under
consideration or in development, and (iv) you grant us an irrevocable,
non-exclusive, royalty-free, perpetual, worldwide right and license to use,
modify, publish, distribute, create derivative works of and sublicense the
Feedback in our sole discretion.
We may terminate or suspend your account or ability to use the Site, in whole
or in part, at our sole discretion, for any or no reason, and without notice or
liability of any kind. For example, we may terminate or suspend your account or
ability to use the Site if you misuse the Site. Any such termination or
suspension could prevent you from accessing your account, the Site, Your
Content, Site Content, or any other related information.
You may terminate these KYON Terms at any time by closing your account,
discontinuing your use of any and all parts of the Site and if have installed
our Software, by uninstalling it. If you close your account, we may continue to
display Your Content where it implicates other users.
In the event of any termination, whether by you or us, these KYON Terms will
continue in full force and effect.
own Our Content, including but not limited to visual interfaces, interactive
features, graphics, design, compilation, computer code, products, software,
aggregate user review ratings, and all other elements and components of the
Site excluding Your Content and Third Party Content. We also own the
copyrights, trademarks, service marks, trade names, and other intellectual and proprietary
rights throughout the world (the "IP Rights") associated with Our
Content, the Software and the Site, which are protected by copyright, trade
dress, patent, trademark laws and all other applicable intellectual and
proprietary rights and laws. As such, you may not modify, reproduce,
distribute, create derivative works or adaptations of, publicly display or in
any way exploit any of Our Content or Software in whole or in part except as
expressly authorized by us. Except as expressly and unambiguously provided
herein, we do not grant you any express or implied rights, and all rights in
and to the Site, the Software and Our Content are retained by us.
20. Warranties, Disclaimers, and Limitations of
THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS"
BASIS. WE AND OUR AFFILIATES, WIRELESS CARRIER AND OTHER SERVICE PROVIDERS,
DISTRIBUTORS, ORIGINAL EQUIPMENT MANUFACTURERS, SUPPLIERS AND PARTNERS MAKE NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, REGARDING ANY IMPLIED WARRANTY OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
CONCERNING (1) THE OPERATION AND FUNCTIONALITY OF THE SOFTWARE OR SITE, (2) THE
ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND
IP RIGHTS OF ANY OF THE SOFTWARE OR SITE CONTENT, AND (3) THE PRODUCTS AND
SERVICES ASSOCIATED WITH THE SOFTWARE, SITE OR SITE CONTENT.WE CAN'T PROMISE
UNINTERRUPTED OR ERROR–FREE SERVICE, THAT DEFECTS WILL BE CORRECTED OR THAT THE
SITE IS FREE FROM VIRUSES OR OTHER HARMFUL OR MALICIOUS COMPONENTS AND WE DON'T
AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN'T DEPRIVE YOU
OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE MAKE NO REPRESENTATIONS
OR WARRANTIES ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY LOCATION OR
OTHER DATA MADE AVAILABLE TO YOU. YOUR USE OF ANY INFORMATION AVAILABLE THROUGH
THE SERVICES IS AT YOUR OWN RISK AND RESPONSIBILITY.
UNLESS THE LAW FORBIDS IT IN ANY PARTICULAR CASE, THE LIMITATIONS AND WAIVERS
IN THIS SECTION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER
STATUTORY, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY,
PRODUCTS LIABILITY OR ANY OTHER THEORY.
YOU WILL NOT BE ENTITLED TO SEEK ANY ATTORNEYS FEES, INDIRECT, SPECIAL,
TREBLE, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM THE US. YOU AGREE THAT WE ARE
NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY; BY BUILDINGS,
ACCIDENTS, HILLS, NETWORK CONGESTION, TUNNELS, TOWERS, WEATHER OR OTHER THINGS
WE DON'T CONTROL; OR BY ANY ACT OF GOD.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP
WHATSOEVER WITH ANY OF OUR SERVICE PROVIDERS AND YOU ARE NOT A THIRD PARTY
BENEFICIARY OF ANY AGREEMENT BETWEEN US AND SUCH SERVICE PROVIDERS. UNLESS YOU
HAVE A SEPARATE CONTRACT WITH OUR SERVICE PROVIDERS, SUCH SERVICE PROVIDERS
HAVE NO LEGAL, EQUITABLE OR OTHER LIABILITY OF ANY KIND TO YOU AND YOU WAIVE
ANY AND ALL CLAIMS OR DEMANDS FOR SUCH LIABILITY. OUR MAXIMUM LIABILITY TO YOU
UNDER ANY THEORY (INCLUDING BUT NOT LIMITED TO FRAUD, MISREPRESENTATION, BREACH
OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY) IS LIMITED TO US $100.
agree to indemnify and hold us, our parents, subsidiaries, affiliates, any related
companies, suppliers, licensors and partners, and the officers, directors,
employees, agents and representatives of each of them harmless, including
costs, liabilities and legal fees, from any claim or demand made by any third
party due to or arising out of (i) your access to or use of the Site, (ii) your
violation of these KYON Terms, (iii) claims for libel, slander or any property
damage, personal injury or death, (iv) the use, failure to use, or inability to
use the Site or Software or any products or services available through the
Site, caused directly or indirectly by you, or (v) the infringement by you, or
any third party using your account, of any intellectual property or other right
of any person or entity. 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 with our defense of these claims. You
agree not to settle any matter without our prior written consent. We will use
reasonable efforts to notify you of any such claim, action or proceeding upon
becoming aware of it.
22. Jurisdiction and Applicable law / Arbitration.
KYON Terms are governed by the laws of Cyprus. Any claim or dispute between
KYON and the Users that arises in whole or in part from or is in connection by
any means with the Site and the Goods and Services shall be decided exclusively
by a court of competent jurisdiction located in Limassol, Cyprus.
23. Contact and Violations.
contact us with any questions regarding these KYON Terms. Please report any
violations of these KYON Terms by email at firstname.lastname@example.org or write to us
at KYON LTD, 3, Christaki Kombou, Peter’s House, 1st Floor, 3300 Limassol,