Arkett Solutions, Inc. (referred to as “Koiino”, “us”,”we” or “our”) provides the mobile app and various related Services (“Services”) (together referred to as this “Site and Application”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular Services or materials on this Site and Application, users shall be subject to any posted guidelines or rules applicable to such Services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
BY ACCESSING OUR SITE AND APPLICATION YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE. BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE AND APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE AND/OR APPLICATION NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR APPLICATION, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE AND/OR APPLICATION, IS TO STOP USING THE SITE, APPLICATION AND/OR THOSE PARTICULAR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE AND APPLICATION.
These Terms of Use are effective as of October 1st, 2021. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site and/or after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, Application and/or its contents.
Koiino provides clients with the opportunity to create shared experiences with those around them through our Application. Our Application allows users to create experiences, interact with others and form groups centered around common interests.
We reserve the sole right to either modify or discontinue the Site and Application, including any features therein, at any time with or without notice to you. We shall not be liable to you, or any third party should we exercise such right. Modifications may include, but are not limited to,
changes in the pricing structure, the addition of fee-based Services, or changes to limitations on allowable activities and experiences. Any new features that augment or enhance the then-current Services on this Site and/or Application shall also be subject to these Terms of Use. You understand and agree that there may be temporary interruptions of Services available through this Site and/or Application. You further understand and agree that we have no control over any third-party networks you may access during use of this Site and/or Application, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that Services available on this Site and/or Application are provided “AS IS” and that we assume no responsibility for the timeliness, technical difficulties and failure to store any user communications or personalization settings.
In order to access Services on this Site and/or Application, you may be required to create an account by completing our online registration form, which requests certain information and data (“Registration Data”). You are solely responsible for maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site and/or Application, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
By using our Services you agree to pay all fees associated with such Services. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, telephone number, and to provide us with any changes in such information within ten (10) days of the change, or risk your access being suspended. If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.
We may offer subscription services, and you agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
Your use of the Site and/or Application is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Site and/or Application. By posting information in or otherwise using any communications service, chat room or message board, that may be available to you on or through this Site and/or Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards or other interactive services that may be available on or through this Site and/or Application unless users report abusive or inappropriate use, content or behavior by other users. However, we have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site and/or Application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site and/or Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site and/or Application may be available to you or other authorized users of the Site and/or Application. You shall not interfere with anyone else’s use and enjoyment of the Site and/or Application or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This Site and/or Application may link you to other Sites on the internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These Sites may contain information or material that some people may find inappropriate or offensive. These other Sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.
Copyright © 2021 Arkett Solutions, Inc. All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and Services that can be viewed by users on our Site and/or Application. This includes, but is in no way limited to, message boards, chat, and other original content.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site and/or Application is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Arkett Solutions, Inc. and/or our Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site and/or Application in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site and/or Application. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site and/or Application will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site and/or Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Arkett Solutions, Inc. or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Arkett Solutions, Inc. or our Affiliates.
Subject to our Privacy Policy, any communication or material that you transmit to this Site and/or Application or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes our copyright, trademark or other property rights have been infringed by a posting on this Site and/or Application, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Arkett Solutions, Inc.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site and/or Application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE AND/OR APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE AND/OR APPLICATION, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THIS SITE AND/OR APPLICATION MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE AND/OR APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE FURTHER DISCLAIM ANY LIABILITY, BODILY INJURY OR DEATH THAT OCCURS AS A RESULT OF OTHER USERS NOT ATTENDING AN EXPERIENCE OR FAILING TO BRING ANY SAFETY EQUIPMENT TO AN EXPERIENCE. WE PROVIDE NO GUARANTEES THAT ANY USERS SHALL ATTEND EXPERIENCES FOR WHICH THEY SIGN UP NOR DO WE PROVIDE ANY GUARANTEES THAT CREATED EXPERIENCES WILL BE SAFE IN ANY WAY. YOU ASSUME ALL RISKS BY PARTICIPATING IN A CREATED EXPERIENCE. BY USING OUR SITE AND/OR APPLICATION YOU AGREE THAT WE DISCLAIM ANY FINANCIAL LOSS YOU MAY EXPERIENCE AS A RESULT OF ANY EXPERIENCES YOU PARTICIPATE IN OR ANY LOSSES AS A RESULT OF YOUR INTERACTION WITH OTHER USERS.
Through your use of the Site and/or Application, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE AND/OR APPLICATION, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site and/or Application often represents the opinions and judgments of an information provider, Site and/or Application user, or other person or entity not connected with Arkett Solutions, Inc., or our affiliates. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Arkett Solutions, Inc. spokesperson speaking in his/her official capacity.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site and/or Application shall be limited to the amount you paid us for Services on the Site and/or Application during the two (2) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, PROPERTY DAMAGE, BODILY INJURY, OR DEATH, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE TO RELEASE OUR COMPANY AND AFFILIATES FROM ANY CLAIMS, ACTIONS, DEMANDS, DIRECT DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES AND ANY DAMAGES OF ANY KIND WHATSOEVER (“CLAIMS”), ARISING OUT OF OR RELATED TO ANY INTERACTION WITH OTHER SITE USERS OR IN CONNECTION WITH A CREATED EXPERIENCE IN ANY WAY WHATSOEVER. YOU FURTHER AGREE TO RELEASE US AND OUR AFFILIATES FROM ANY CLAIMS ARISING OUT OF RELATED TO AN EXPERIENCE CREATOR OR EXPERIENCE PARTICIPANT’S NEGLIGENCE, CRIMINAL OR TORTIOUS CONDUCT THAT RESULTS IN DEATH, SERIOUS BODILY INJURY, ILLNESS OR DISABILITY OR ANY DAMAGES TO YOU OR YOUR PROPERTY IN ANY WAY WHATSOEVER. YOU ACKNOWLEDGE THAT EXPERIENCES CAN CARRY INHERENT DANGERS AND YOU KNOWINGLY CHOOSE TO ASSUME THESE RISKS. YOU FURTHER AGREE THAT WE HAVE NO LIABILITY FOR ANY CANCELLED OR UNENJOYABLE EXPERIENCES AND YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY MONETARY LOSS OR FOR ANY INFORMATION THAT YOU SHARE WITH OTHER SITE USERS AND/OR APPLICATION OR ANY DAMAGES THAT OCCUR AS A RESULT OF SHARING THAT INFORMATION.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE, APPLICATION OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE AND/OR APPLICATION, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site, Application or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
From time to time, this Site and/or Application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
You acknowledge that we may establish general practices and limits concerning use of Services available on our Site and/or Application, including without limitation the maximum number of days that uploaded content will be retained on the Site and/or Application, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site and/or Application. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee 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 provide storage space and access for material through our Site. For purposes of these Terms of Use, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this Site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Your Conduct on the Site” above. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Software available on or through this Site is subject to United States Export Controls. No software from this Site and/or Application may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this Site and/or Application may be accessible worldwide, we make no representation that materials on this Site and/or Application are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site and/or Application from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with this Site and/or Application is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site and/or Application with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use Services available on this Site and/or Application immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
This Site and/or Application (excluding any linked Sites) is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Site and/or Application both of us agree that the statutes and laws of the State of Texas, without regard to its choice or conflict of laws principles thereof and will apply to all matters relating to the use of this Site and/or Application and the purchase of services available through this Site and/or Application. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the County Court of Travis County and the United States District Court for Austin with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Customer Service at PO BOX 8434 ROUND ROCK, TX 78683 or legal@arkettsolutions.com, if by e-mail, or at Arkett Solutions, Inc. PO BOX 8434 ROUND ROCK, TX 78683 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site and/or Application to inform you of changes to the Site and/or Application or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or Services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site and/or Application is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any other party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site and/or Application, or use of or access to this Site and/or Application.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS OR SERVICES OFFERED THROUGH THIS SITE, APPLICATION OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE AND/OR APPLICATION, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Services available through our Site and/or Application arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on this Site and/or Application, Services available through this Site and/or Application are offered by Arkett Solutions, Inc. , a Texas Corporation, located at PO BOX 8434 ROUND ROCK, TX 78683. Our telephone number is +1 512-645-1295. If you are a Texas resident, you may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. The Department of Consumer Affairs may be contacted in writing at Consumer Protection | Office of the Attorney General (texasattorneygeneral.gov), or by telephone at 1-800-621-0508.
Koiino App
Arkett Solutions
P.O BOX 8434
Round Rock, TX 78683
+1 512-645-1295