Welcome to kiungor. The kiungor website (the "Site") and app (the "App") are comprised of various
pages operated by KIUNGOR ("KIUNGOR").
This service is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of KIUNGOR Site and App constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
KIUNGOR is a Social Networking Site and App.
Connecting people with similar backgrounds, Providing a support network, Facilitating cultural
exchange, Offering language translation services and Offering events and activities.
Visiting KIUNGOR Site and App or sending emails to KIUNGOR constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use KIUNGOR Site and App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and phone, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that KIUNGOR is not responsible for third party access to your account that results from theft or misappropriation of your account. KIUNGOR and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
KIUNGOR does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use KIUNGOR Site and App only with permission of a parent or guardian.
KIUNGOR Site and App may contain links to other websites ("Linked Sites"). The Linked Sites are not
under the control of KIUNGOR and KIUNGOR is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. KIUNGOR is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by KIUNGOR of the site or any association with its operators.
Certain services made available via KIUNGOR Site and App are delivered by third party sites and
organizations. By using any product, service or functionality originating from the KIUNGOR Site and
App, you hereby acknowledge and consent that KIUNGOR may share such information and data
with any third party with whom KIUNGOR has a contractual relationship to provide the requested
product, service or functionality on behalf of KIUNGOR Site and App users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use KIUNGOR
Site and App strictly in accordance with these terms of use. As a condition of your use of the Site
and App, you warrant to KIUNGOR that you will not use the Site and App for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site and App in any manner which could
damage, disable, overburden, or impair the Site and App or interfere with any other party's use and
enjoyment of the Site and App. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available or provided for through the Site
and App.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site and App, is the property of KIUNGOR or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site and
App. KIUNGOR content is not for resale. Your use of the Site and App does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for your
personal use, and will make no other use of the content without the express written permission of
KIUNGOR and the copyright owner. You agree that you do not acquire any ownership rights in any
protected content. We do not grant you any licenses, express or implied, to the intellectual property
of KIUNGOR or our licensors except as expressly authorized by these Terms.
The Site and App may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the particular Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid
schemes or chain letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or
delete any author attributions, legal or other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in a file that is uploaded; restrict or
inhibit any other user from using and enjoying the Communication Services; violate any code of
conduct or other guidelines which may be applicable for any particular Communication Service;
harvest or otherwise collect information about others, including e-mail addresses, without their
consent; violate any applicable laws or regulations.
KIUNGOR has no obligation to monitor the Communication Services. However, KIUNGOR reserves
the right to review materials posted to a Communication Service and to remove any materials in its
sole discretion. KIUNGOR reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
KIUNGOR always reserves the right to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in KIUNGOR's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. KIUNGOR does not control or endorse the content,
messages or information found in any Communication Service and, therefore, KIUNGOR
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized KIUNGOR spokespersons, and their views do not necessarily reflect those of KIUNGOR.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
KIUNGOR does not claim ownership of the materials you provide to KIUNGOR (including feedback
and suggestions) or post, upload, input or submit to any KIUNGOR Site and App or our associated
services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting KIUNGOR, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
KIUNGOR is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in KIUNGOR's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
The Service is controlled, operated and administered by KIUNGOR from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the KIUNGOR Content accessed through KIUNGOR Site and App in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless KIUNGOR, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. KIUNGOR reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KIUNGOR in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties.
The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions.
The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and KIUNGOR agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE AND APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KIUNGOR AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AND APP AT ANY TIME.
KIUNGOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. KIUNGOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KIUNGOR
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE AND APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND APP,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
KIUNGOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE AND APP, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
SITE.
KIUNGOR reserves the right, in its sole discretion, to terminate your access to the Site Aand App
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby
consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or
relating to the use of the Site and App. Use of the Site and App are unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and KIUNGOR as a result of this agreement or use of the Site and App. KIUNGOR's performance
of this agreement is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of KIUNGOR's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the Site and App or information
provided to or gathered by KIUNGOR with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and KIUNGOR with respect to the Site and App and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and KIUNGOR with respect to the Site and App. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed form. It is the
express wish to the parties that this agreement and all related documents be written in English.
KIUNGOR reserves the right, in its sole discretion, to change the Terms under which the Site and App are offered. The most current version of the Terms will supersede all previous versions. KIUNGOR encourages you to periodically review the Terms to stay informed of our updates.
KIUNGOR welcomes your questions or comments regarding the Terms:
KIUNGOR
Delaware, USA
Email Address:service@kiungor.com
Telephone number:
_________________
Effective as of March 04, 2024