CYBERVOX LIMITED, 15101823 WITH AN OFFICE AT 20 Wenlock Road, London, England, N1 7GU ("KWEEKEY", "COMPANY", "WE," "US," OR "OUR"). THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND KWEEKEY. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE PURCHASE BUTTON. YOUR PURCHASE AND USE OF SOFTWARE, PRODUCTS, AND SERVICES THROUGH KWEEKEY IS GOVERNED BY THESE TERMS OF SERVICE ("TERMS"), WHICH HEREBY INCORPORATE BY REFERENCE THE KWEEKEY 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 KWEEKEY 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 KWEEKEY.
(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 KWEEKEY grants the operators of public search engines revocable permission to use spiders to copy materials from KWEEKEY 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 KWEEKEY 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 KWEEKEY 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 KWEEKEY's Privacy Policy at KWEEKEY.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. KWEEKEY 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 KWEEKEY 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. KWEEKEY 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. KWEEKEY 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 KWEEKEY 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. KWEEKEY 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 KWEEKEY's discretion.
4. TERM AND TERMINATION
Termination by KWEEKEY. If you fail, or KWEEKEY, 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 KWEEKEY with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, KWEEKEY, 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 KWEEKEY shall limit any other rights KWEEKEY may have in law or at equity.
5. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
(a) Disclaimer of Warranties. KWEEKEY 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 KWEEKEY 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 KWEEKEY) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND KWEEKEY 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 KWEEKEY, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "KWEEKEY 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 KWEEKEY 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 KWEEKEY PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) Indemnity. By using the Service, you agree to indemnify and hold KWEEKEY, 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. KWEEKEY 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 KWEEKEY will post a notice on KWEEKEY. 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 KWEEKEY 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. KWEEKEY 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 KWEEKEY'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, KWEEKEY may provide links to certain third party websites. You acknowledge and agree that KWEEKEY is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. KWEEKEY 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 KWEEKEY 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.