Terms & Conditions
KVARNIK LTD. WITH AN OFFICE AT 63 - 66 HATTON
GARDEN, 5TH FLOOR, SUITE 23, LONDON, ENGLAND, EC1N 8LE ("KEY-KINGDOM,"
"COMPANY", "WE," "US," OR "OUR"). THIS
IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND KEY-KINGDOM. PLEASE READ
THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE PURCHASE BUTTON. YOUR PURCHASE
AND USE OF SOFTWARE, PRODUCTS, AND SERVICES THROUGH KEY-KINGDOM.COM IS GOVERNED
BY THESE TERMS OF SERVICE ("TERMS"), WHICH HEREBY INCORPORATE BY
REFERENCE THE KEY-KINGDOM PRIVACY POLICY (TOGETHER WITH ANY UPDATES OR
ADDITIONAL TERMS, THE TERMS AND PRIVACY POLICY ARE COLLECTIVELY REFERRED TO
HEREIN AS THE "AGREEMENT"). IF YOU DOWNLOAD SOFTWARE FROM ONE OF THE KEY-KINGDOM
WEBSITES OR IN CONNECTION WITH THAT SERVICE, YOUR USE OF THE SOFTWARE IS ALSO
GOVERNED BY THE APPLICABLE END USER LICENSE AGREEMENT PRESENTED TO YOU ON DOWNLOAD
OR INSTALLATION OF THAT SOFTWARE.
THESE TERMS CONTAIN A BINDING ARBITRATION
CLAUSE AND A CLASS ACTION WAIVER.
1. USE OF SERVICE
(a) Eligibility. You may use the Service only if you can form a binding
contract with Company, and only in compliance with this Agreement and all
applicable local, state, national, and foreign laws, rules and regulations. If
your minor children use the Service, you are solely responsible for such use,
including, without limitation, any purchases your minor children make through
the Service. Any use or access to the Service by anyone under 13 is strictly
prohibited and in violation of this Agreement and you agree that you will not
allow your minor children under the age of 13 to engage in such use. You may
not use the Service if you have previously been removed or banned from the
Service by KEY-KINGDOM.
(b) Restrictions. You agree not to engage in any of the following prohibited
activities: (i) copying, distributing, or disclosing any part of the Service in
any medium, including without limitation by any automated or non-automated
"scraping"; (ii) using any automated system, including without
limitation "robots," "spiders," "offline
readers," etc., to access the Service in a manner that sends more request
messages to the Company servers than a human can reasonably produce in the same
period of time by using a conventional on-line web browser (except that KEY-KINGDOM
grants the operators of public search engines revocable permission to use
spiders to copy materials from KEY-KINGDOM for the sole purpose of and solely
to the extent necessary for creating publicly available searchable indices of
the materials, but not caches or archives of such materials); (iii)
transmitting spam, chain letters, or other unsolicited email; (iv) attempting
to interfere with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (v) taking any action
that imposes, or may impose in our sole judgment an unreasonable or
disproportionately large load on our infrastructure; (vi) uploading invalid
data, viruses, worms, or other software agents through the Service; (vii)
collecting or harvesting any personally identifiable information, including
account names, from the Service; (viii) using the Service for any commercial
solicitation purposes; (ix) impersonating another person or otherwise
misrepresenting your affiliation with a person or entity, conducting fraud,
hiding or attempting to hide your identity; (x) interfering with the proper
working of the Service; (xi) accessing any content on the Service through any
technology or means other than those provided or authorized by the Service;
(xii) bypassing the measures we may use to prevent or restrict access to the
Service, including without limitation features that prevent or restrict use or
copying of any content or enforce limitations on use of the Service or the
content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or
grant rights in the Products, including, without limitation, through sublicense,
to any other entity without the prior written consent of such Products'
(defined below) licensors; (xiv) circumventing Service limitations on the
number of Products you may purchase, including, without limitation, creating
multiple accounts and purchasing a total number of Products through such
multiple accounts which exceed the per-user limitations; or (xv) except as
otherwise specifically set forth in a licensor's end user license agreement, as
otherwise agreed upon by a licensor in writing or as otherwise allowed under
applicable law, distributing, transmitting, copying (other than re-installing
software or files previously purchased by you through the Service on computers,
mobile or tablet devices owned by you, or creating backup copies of such software
or files for your own personal use) or otherwise exploiting the Products
(defined below) in any manner other than for your own private, non-commercial,
personal use. Accessing the audiovisual content available on the Service for
any purpose or in any manner other than Streaming (as defined below) is
expressly prohibited. "Streaming" means a contemporaneous digital
transmission of an audiovisual work via the Internet from the Service to a
user's device in such a manner that the data is intended for real-time viewing
and not intended to be copied, stored, permanently downloaded, or redistributed
by the user.
YOU ACKNOWLEDGE AND AGREE THAT KEY-KINGDOM HAS
THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION, WITHOUT ANY LIABILITY TO YOU OF ANY
KIND AND IN ADDITION TO ALL OF ITS OTHER RIGHTS UNDER THIS AGREEMENT, IN LAW
AND AT EQUITY, TO CANCEL ANY AND ALL DOWNLOAD PAGES, PRODUCT KEYS OR REDEMPTION
CODES FOR PRODUCTS YOU HAVE PURCHASED SHOULD KEY-KINGDOM DETERMINE IN ITS SOLE
DISCRETION THAT YOU HAVE VIOLATED ANY OF THESE RESTRICTIONS.
(c) Termination of Service or Access. We may, without prior notice, change the Service; stop
facilitating the Service or features of the Service, to you or to users
generally; or create usage limits for the Service, including, without limitation,
limiting the number of Products you may purchase at any given time or under any
given account or set of accounts. We may permanently or temporarily terminate
or suspend your access to the Service without notice and liability for any
reason, including if in our sole determination you violate any provision of
this Agreement, or for no reason. Upon termination for any reason or no reason,
you continue to be bound by this Agreement.
(d) Your Information. The Service is only for sales of products or product
rights (collectively, "Products") to end user customers for their
personal, non-commercial use. The personal information you submit to the
Service is subject to KEY-KINGDOM's Privacy Policy at KEY-KINGDOM.COM/privacy, which is expressly made part of these Terms. You agree to
provide accurate, current, and complete information required to register with
the Service and at other points as may be required in the course of using the
Service.
Once you make a purchase, you will receive a
unique download page. You shall not, directly or indirectly, disclose the
unique URL for your download page to anyone else or use anyone else's download
page. You are solely and entirely responsible for all activities that occur on
your download page. KEY-KINGDOM shall not be responsible for any losses arising
out of the unauthorized use of your download page.
(e) Objectionable Material. You understand that by using the Service and Products, you
may encounter content that may be deemed mature, offensive, indecent, or
objectionable, which content may or may not be identified as having explicit
language or adult themes, and which may be due to the content of the Products
or your interactions with other users in the course of using the Products. You
agree to use the Service at your sole risk and that KEY-KINGDOM shall have no
liability to you for content that may be found to be mature, offensive,
indecent, or objectionable.
(f) Product Requirements. Use of the Service and/or Products requires a compatible
computer, Internet access (fees may apply), and certain software (fees may
apply), and may require obtaining patches, updates or upgrades from time to
time. Because use of the Service and/or Products involves hardware, software,
and Internet access (high speed Internet access is strongly recommended), your
ability to use the Service and/or Products may be affected by these factors.
You are responsible for being aware of any particular system requirements of
any Product and for your ability to meet such requirements, which may change
from time to time. Applicable system requirements at the time of purchase can
be found on the information page for each Product. Certain Products also may
require you to register an account with a third party (which may require an
initial and/or ongoing fee) or to install third party software and content in
connection with their use. KEY-KINGDOM does not assume any responsibility or
liability for any such fee, account or third party software or content.
Physical copies Products are not available. If you are having difficulty
downloading the Product or encounter any other issues with the purchase,
download or activation of a Product, you should contact us via contact form.
2. PAYMENT, DELIVERY, AND REFERRALS
In these Terms, "total amount paid"
means the amount collected from the User which includes the purchase price
together with any amount donated to charity plus any applicable taxes and
"purchase price" means the price of the Product plus any applicable
taxes.
(a) Pricing of Products. Your purchase price will include the price of the Product
plus any applicable taxes in effect on the time of purchase, and based on
country data you provide on your download page.
(b) Orders. Your
receipt of an electronic or other form of order confirmation does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. KEY-KINGDOM reserves the right at any time after receipt of your order
to accept or decline your order for any reason. We may require additional
verification or information before accepting any order.
(c) Payment for Products. You agree to pay for all Products you purchase through the
Service, and that KEY-KINGDOM may charge your chosen payment for any Products
purchased, and for any additional amounts (including any taxes, late fees, and
any amounts donated to charity as applicable) as may be accrued by or in
connection with your account. All fees will be billed to the payment method you
designate during the checkout process. Billing to your selected payment method
occurs at the time of purchase. If you use the services of an alternate payment
method provider, you will be bound by that party's terms and conditions, which
are available on that party's website. KEY-KINGDOM reserves the right to change
the payment methods offered at any time. All information that you provide in
connection with a purchase or transaction or other monetary transaction
interaction with the Service must be accurate, complete, and current. You agree
to pay all charges incurred by users of your credit card, debit card, or other
payment method used in connection with a purchase or transaction or other
monetary transaction interaction with the Service at the prices in effect when
such charges are incurred. You will pay any applicable taxes, if any, relating
to any such purchases, transactions or other monetary transaction interactions.
3. CUSTOMER SERVICE
(a) Assistance with Orders. For assistance with billing questions or other order
inquiries, please contact us via contact form. If you cannot find the answers you are
seeking in our knowledge base, you can send us an email from that page.
(b) Refund Policy. Certain restrictions apply to sales of Products sold
through the Service that might not otherwise apply to physical goods. Refunds
will not necessarily be issued due to your dissatisfaction with the Product or
if your computer does not meet the minimum Product requirements. If you feel
you qualify for a refund, please contact Customer Service.
Refunds will be issued solely at KEY-KINGDOM's discretion.
4. TERM AND TERMINATION
Termination by KEY-KINGDOM. If you fail, or KEY-KINGDOM, in its sole and absolute
discretion, determines or suspects that you have failed, to comply with any of
these Terms, including but not limited to failure to make payment of fees due,
failure to provide KEY-KINGDOM with a valid payment method, failure to
safeguard your download page, or violation of our usage rules or any license to
the software, KEY-KINGDOM, at its sole discretion, without notice to you may:
(i) terminate these Terms and/or your download page, and you will remain liable
for all amounts due up to and including the date of termination; and/or (ii)
terminate the license to the software; and/or (iii) preclude access to the
Service (or any part thereof). No such termination by KEY-KINGDOM shall limit
any other rights KEY-KINGDOM may have in law or at equity.
5. DISCLAIMER OF WARRANTIES; LIABILITY
LIMITATIONS; INDEMNITY
(a) Disclaimer of Warranties. KEY-KINGDOM AND ITS LICENSORS DO NOT GUARANTEE, REPRESENT,
OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON
AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR
ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KEY-KINGDOM MAY REMOVE THE
SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME,
WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO
USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND
SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED
BY KEY-KINGDOM) PROVIDED "AS IS" AND "AS AVAILABLE" FOR
YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND KEY-KINGDOM
AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT
LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT,
AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT
AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
(b) Liability Limitations. IN NO CASE SHALL KEY-KINGDOM, AND ITS AFFILIATES AND ITS
AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS
(THE "KEY-KINGDOM PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE
SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR
ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT
NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF THE KEY-KINGDOM PARTIES UNDER THESE TERMS EXCEED THE
AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN LIMITATIONS OF
LIABILITY, INCLUDING FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
JURISDICTIONS THE LIABILITY OF THE KEY-KINGDOM PARTIES SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
(c) Indemnity. By using the Service, you agree to indemnify and hold KEY-KINGDOM,
its affiliates, and licensors, and their respective directors, officers,
shareholders, employees and agents, harmless with respect to any claims,
liability, damages, expenses and costs (including but not limited to reasonable
attorneys' fees) arising out of the actual or alleged breach of these Terms by
you or through your download page or your use or access of the Service. You
shall use your best efforts to cooperate with us in the defense of any claim.
We reserve the right, at our own expense, to employ separate counsel and assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you.
6. OTHER LEGAL TERMS
(a) Changes. KEY-KINGDOM
reserves the right, at any time and from time to time, to update, revise,
supplement, and otherwise modify these Terms and to impose new or additional
rules, policies, terms, or conditions on your use of the Service or Products.
If we amend these Terms, we will post the amended version of these Terms on the
Site. If a material change is made to these Terms, then KEY-KINGDOM will post a
notice on KEY-KINGDOM.COM. You understand and agree that you will be deemed to
have accepted the amended Terms if you use the Service after any such change.
If you do not agree to any of these terms or any future Terms, do not use or
access (or continue to access) the Service. No KEY-KINGDOM employee or agent
has the authority to vary any of the Service's policies or these Terms
governing any sale.
(b) Enforcement of These Terms. KEY-KINGDOM reserves the right to takes steps it believes
are reasonably necessary or appropriate to enforce and/or verify compliance
with any part of these Terms (including but not limited to KEY-KINGDOM's right
to cooperate with any legal process relating to your use of the Service and/or
Products, and/or a third party claim that your use of the Service and/or
Products is unlawful and/or infringes such third party's rights).
(c) No Responsibility for Third-Party
Materials or Web sites. Certain content,
Products, and services available via the Service may include materials from
third parties. In addition, KEY-KINGDOM may provide links to certain third
party websites. You acknowledge and agree that KEY-KINGDOM is not responsible
for examining or evaluating the content or accuracy of any such third-party
material or Web sites. KEY-KINGDOM does not warrant or endorse and does not
assume and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of
third parties. Links to other websites are provided solely as a convenience to
you.
(d) Governing Law. The Service is controlled and operated by KEY-KINGDOM from its offices in the United Kingdom. These Terms shall be governed by United Kingdom. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section.