When you participate in, access or sign up to any of Kywix's services, activities or online content, such as newsletters, competitions, live chats, message boards, telephone or text Kywix, vote, donate money to a Kywix charity appeal, book tickets for a Kywix event or create an account using Kywix's online registration system or iOS applications we may receive personal information about you. This can consist of information such as your name, email address, postal address, telephone or mobile number or date of birth, depending on the activity, very often we receive startical information about your engagement with our software.
By submitting your details, you enable Kywix (and where applicable its contractors) to provide you with the services, activities or online content you select.
Please note that sometimes we will require you to provide additional personal information, and sometimes sensitive personal information (e.g. if you're sending in an application to be a contributor on a specific project). When we do this we will provide further information as to why we are collecting your information and how we will use it.
When you interact with Kywix we sometimes receive personal information about you.
For example, if you write to us or sign up to a newsletter or use an application for the Apple App Store, you might tell us who you are, how we can contact you and what you think of Kywix and its services.
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1. ACCEPTANCE OF TERMS
From now on “SITES” is referred to any web property operated by Kywix Inc.
We provide services under certain terms and conditions that we call Terms of Service ("TOS"). We may update these from time to time, without notice to you.
2. WHAT WE DO
One of our services is to provide Italian language content on the SITES (herein the "Service"). We assume no responsibility for information posted on this site originated by others, including, but not limited to users and advertisers. You are responsible for any and all costs associated with accessing this site.
3. FEES AND COSTS
Basic profile is FREE. A basic profile offers a limited number and length of content. In order to access additional features and services, you must pay for a Premium profile. There are two different payment plans, please check our offer page as this may change over time.
4. PROFILE ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account, and you are responsible for all activities that occur under your account. You agree to protect and safeguard it against unauthorized use. You must immediately notify us of any unauthorized use of your account or any other breach of security. You must exit from your account at the end of each session. You agree that you will be solely liable for any loss or damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
You agree and represent that you, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise use or make available via the Services and this site.
You agree to NOT use the Service for any illegal or inappropriate purpose, and affirmatively represent and warrant:
1. that you will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, religiously or otherwise objectionable;
2. that you will not harm minors in any way;
3. that you will not impersonate any person or entity, including, but not limited to, any employee, officer or director of SITES, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. that you will not forge headers or otherwise manipulate identifiers in order
5. disguise the origin of any Content transmitted through the Service;
6. that you will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. that you will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
8. that you will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
9. that you will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
10. that you will not 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; or
11. that you will not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. You acknowledge that SITES and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or remove any Content on the site for any reason we deem reasonable, in our sole discretion.
We may preserve Content in our sole discretion and we may also disclose such information to third parties to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety or the rights, property and personal safety of our users and the public. We do not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason.
You understand that your Content may be transmitted over a number of different networks and people other than those on this site could gain access to it.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do not own any of the Content submitted by our users. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant us the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available to us, you grant us the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sublicense the Content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, attorneys or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available to us.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any of the information or services from our site, including Content.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of our site, including but not limited to time Content and other information will remain on our site, limitations on what Content may be posted and when and how long we will retain it.
We may at any time destroy or log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We may terminate your account at any time, if we believe it to be in our best interests or in the best interests of our users. In the event of a termination, you will be refunded the balance of your account.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
(a) Membership. You may become a Member of the Service at no cost. As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. (b) Premium Membership. In order to access additional features and services, including the ability to download and print our Lessons, you must become a Premium Member to the Service for a monthly fee of $5. The first $5 will be charged at the time of subscription, then again on the same day every month thereafter. (c) Term. This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or Premium Membership at any time, for any reason. After receiving notice of Premium Membership cancellation, charges will immediately stop and your Premium Membership will be cancelled and you will not receive a refund for the remaining portion of the month. (d) General. BimboKid bills you through an online account (your "Billing Account") for use of the Service. You agree to pay BimboKid charges at the prices then in effect for any use of the Service by you or other persons using your Billing Account, and you authorize BimboKid to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. (e) Recurring Billing. By entering into the Premium Member Agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. (f) Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). (g) Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that BimboKid is authorized to charge your Payment Method.