The Internet Gateway For Kids

KoiniSecure WEBSITES
TERMS OF SERVICE

Welcome to KoiniSecure. The KoiniSecure children's Internet security platform (collectively, "Our Websites") are owned and operated by Networking Partners Inc., and its affiliates and subsidiaries (collectively, "KoiniSecure," "we, " "us," "our" or similar pronouns).
We've created KoiniSecure to offer you and your Children a safer, more enjoyable online social networking experience. To do that, we require all of our users to agree to the terms and conditions contained in this "User Agreement."

  1. ACCEPTANCE OF TERMS

Our Websites are made available to you and your children, or the children under your legal guardianship, under the age of 18 (collectively, "Your Children") subject to the terms and conditions contained in this User Agreement, which we may update from time to time without notice to you, which updates shall take effect as of the date of its posting. You can review the most current version of this User Agreement at any time at: Terms of service.

Continued use of Our Websites following the effective date of any changes to this User Agreement constitutes your acceptance of such changes. In this User Agreement, "you" and its variants refer to you on your own behalf and on behalf of Your Children identified in the Account (defined below), as may be applicable according to the context.

THESE TERMS OF SERVICE ARE A LEGAL AGREEMENT BETWEEN YOU, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR CHILDREN, AND KoiniSecure. BY CLICKING "ACCEPT" AND/OR BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS OUR WEBSITES. PLEASE PRINT A COPY OF THIS USER AGREEMENT FOR YOUR RECORDS.


In addition, when you and Your Children use particular services on Our Websites, you shall be subject to any additional posted guidelines, rules, and policies that are applicable to those specific services. All such guidelines, rules, and policies are hereby incorporated into this User Agreement.

  1. GENERAL ASPECTS OF OUR SERVICE

Our Websites offer you and Your Children a unique online social network where (subject to the installation of our Software, defined below) you may control certain aspects of Your Children's Internet navigation and online communication activities, and Your Children (subject to your control preferences) may create profiles, post User Content (defined below), and participate in activities, discussion forums, blogs, live chat, instant messaging and internal and external e-mail messaging collectively, the "Service"). The Service also may include certain communications from us, such as service announcements and administrative messages. You agree that these communications are considered part of your membership and that you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features, functionality and Content that augment or enhance the current Service shall be subject to this User Agreement. You understand and agree that the Service is provided "AS-IS." We cannot and do not guarantee that it will work without error or that its security features are not impossible to circumvent. We assume no responsibility for the deletion, mis-delivery, delayed delivery, or failure to deliver or to store any user communications or to store or maintain User Content (defined below) or personalization settings.

You are responsible for obtaining access to the Service, including by providing and maintaining all software and equipment necessary to obtain access, including our KoiniSecure software client (the "Software"), which you must download and install, if you wish to have access to the online social networking and interactive communication tools available via Koini.com. Access to the Service may involve third-party fees (such as but not limited to those charged by your Internet service provider). The Service may include or provide links to Content for which additional fees for access may be charged to you by us or by third parties (collectively, "Paid Content"). We reserve the right to vary the Content that is provided free of charge (the "Free Content"). We do not guarantee that the Free Content will remain free of charge, and do not guarantee that we will continue to offer premium or Paid Content. The Service may include advertisements by and links to third parties.

Once a child is listed in your Account, he or she may access the Service from one or more computers or devices, so long as such computer or device has the necessary Software installed and the necessary Hardware is available to access the Service according to your subscription level (if any). Download, installation and use of the Software is subject to our End User License Agreement to which you must also agree before activating the Software on any of your devices.

We have created and offer the Service to help protect your and Your Children's safety and privacy, but as parent or legal guardian you are ultimately responsible for Your Children's use of the Service. By adding a child to your Account, you may be giving your child permission to access many areas of the Service, including e-mail, message boards and instant messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined below) are appropriate for your child.

  1. YOUR REGISTRATION OBLIGATIONS

Certain features, products, services, information and materials provided by KoiniSecure through Our Websites may be accessed and/or used without registration or login to Our Websites (collectively, the "Public Features"). Other features, products, services, information and materials provided by KoiniSecure through Our Websites do require registration in order to be accessed and or used by you (collectively, the "Member Features"). You must be of legal majority to open a parent account membership on koinisecure.com. As a condition of registration, and in consideration of your registration and Your Children's use of the Member Features, you represent and certify that you are at least of legal majority and that you are the parent or legal guardian of the children listed on your Account. You also agree to: (a) provide true, accurate, current and complete information about yourself and Your Children and credit card or other payment information as prompted by the Service's registration form (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have, in our reasonable judgment, grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and to refuse any and all current or future use of the Member Features or any portion thereof.

WE RESERVE THE RIGHT IN OUR SOLE DISCRETION TO REJECT ANY REGISTRATION OR ATTEMPTED REGISTRATION FOR ANY REASON, INCLUDING ANY REGISTRATION OR ATTEMPTED REGISTRATION BY OR ON BEHALF OF A PERSON WHO IS A REGISTERED SEX OFFENDER.

The Service and associated Software are subject to United States export controls. Thus, no Software may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service and/or downloading any 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.

  1. YOUR OBLIGATIONS FOLLOWING REGISTRATION

It is your sole responsibility to set the access and communication controls under which Your Children may access and use the Service by adjusting the settings for each child listed in your account on your Account dashboard. Your post-registration obligations related to Your Children's safe and age-appropriate use of the Service include, without limitation: (a) allowing or disallowing Your Children's use of specific features; (b) allowing or disallowing Your Children's access to activities, promotions, networks and groups where they may be exposed to related User Content or other forms of Content that you may feel is not age-appropriate for Your Children; (c) allowing or disallowing Your Children from navigating to certain websites or categories of websites; and (d) allowing or disallowing Your Children from communicating with specific individuals or categories of individuals.
You expressly agree to bear all risk associated with your and Your Children's use of the Service as configured by you for Your Children. To the full extent permitted by law, we will not be liable, and we disclaim all liability, in connection with any harm, loss or damages of any amount or type arising from your and Your Children's access to or use of the Service as so configured.
We may suggest standard whitelists of age appropriate websites that you may use to restrict Your Children's navigation of the Internet. You acknowledge and agree that these whitelists are merely suggestions and we do not assume any obligation to review, nor do we endorse any such websites. If you feel that one of the websites on any of our standard whitelists is not appropriate for the age group designated, please let us know your opinion here.
Please note that we do NOT invite adults, not even you, to chat with or to send instant messages to Your Children under any circumstances.

  1. PRIVACY POLICY

Registration Data and certain other personal information about you and your child/children are subject to the KoiniSecure Privacy Policy (the "Privacy Policy"). You understand and agree that by registering for and/or using the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for our storage, processing and use by KoiniSecureSecure .

  1. PASSWORDS AND SECURITY

Upon completing the registration process, you will be asked to create a user name and password (collectively, your "Account"), which you will use to access the Member Features on Our Websites. DO NOT use any personally identifiable information (e.g. your full name, e-mail, phone number or other information that can identify who you are) in your user name. You may change your password at any time, and it is a good security practice to do so regularly. You are solely responsible for maintaining the confidentiality of your Account and for all activities that occur through the use of your Account. If you disclose your Account to another, you are effectively authorizing them to change the parental settings and restrictions applicable to Your Children. In the event that you know or have a reasonable suspicion of any unauthorized use of your Account or any other breach of security, you shall notify us immediately by sending an e-mail. If in our reasonable judgment, we have grounds to believe that your Account has been compromised, or that you have misused or are misusing your Account, we may, in our sole discretion, require you to change your password, or suspend or terminate your access to the Member Features. KoiniSecure cannot and will not be liable for any loss or damage arising from your failure to comply with this section
Remember - No member of our staff will EVER ask you for your password! Please contact us using this form if anyone asks you for your password.

  1. CONTENT &  MEMBER CONDUCT

Our websites contain a rich variety of information, data, text, software, music, sound, photographs, graphics, video, messages, posts, comments, tags, and other materials that may originate with KoiniSecure, you, other users or third parties (collectively, the "Content").
Certain areas of Our Websites and the Service will permit you to send to us materials, information and other submissions. We value your feedback, and to help us better understand your remarks, we request that you be as specific as possible in your comments on Our Websites and the Service. By submitting such ideas, suggestions, documents, and/or proposals (your "Contributions") to us through our suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become our property without any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
You and Your Children hereby grant (or warrant that the owner of such rights has expressly granted) to us, subject to the terms of our Privacy Policy, a worldwide, royalty-free, perpetual, irrevocable and nonexclusive right and license to use, reproduce, modify, sublicense, edit, adapt, publish, translate, broadcast, create derivative works from, distribute, perform, display and publicize all information, data, text, software, music, sound, photographs, graphics, video, messages, posts, comments, tags, and other materials which may originate with you(collectively, the "User Content"), submitted, posted or made available by you on Our Websites anywhere, for any purpose and in any form, through any media or technology now known or later developed, without any compensation to you. You and Your Children also hereby waive any "moral" or author's rights or rights to attribution therein completely and irrevocably.
We may, but are not obligated to, use and publish your User Content on Our Websites or elsewhere for purposes that include, without limitation, contest announcements, new or enhanced products or services, marketing (including endorsement of our products and services) and public relations.

You represent and warrant that you have the right and authorization to post or make available on Our Websites any User Content that you post or make available thereon without the need for additional permissions or consent of any third party.
You are solely responsible for all User Content that you and Your Children upload, post, e-mail, transmit or otherwise make available on Our Websites using the Service. WE HAVE NO RESPONSIBILITY FOR CONTENT PROVIDED BY YOU, OTHER USERS OR THIRD PARTIES ON OUR WEBSITES. We will not assume any obligation to monitor, filter, censor, edit or regulate such Content, although we reserve the right to do so, in our sole discretion, to enforce this User Agreement and detect unauthorized use of the Service. Without limiting the foregoing, we shall have the right, in our sole discretion, to remove any Content that violates this User Agreement or is otherwise objectionable to us and may deny future access to you, Your Children or any user who has provided such Content. We do not endorse or warrant the accuracy or reliability of, or assume any liability in connection with Content provided by you, other users or third parties. While accessing Content through the Service, you or your child may be exposed to Content that you find offensive or objectionable or that is inaccurate, misleading or illegal. You expressly agree to bear all risk associated with the use of any such Content and your exposure thereto, including any reliance by you on the accuracy, integrity, usefulness or completeness of such Content. To the full extent permitted by law, we will not be liable, and we disclaim all liability, in connection with any harm, loss or damages of any amount or type arising from your access to or use of the Service and any Content posted, e-mailed, transmitted or otherwise made available via the Service by you, other users or third parties.

All User Content that contains or constitutes personally identifiable information shall be subject to our Privacy Policy.

We provide the Service and Member Features to be used in a safe and enjoyable fashion by our entire community of users. You are responsible for all User Content you submit. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you and Your Children shall not:
(a) upload, post, e-mail, transmit or make available via e-cards, chat or otherwise (collectively, to "Make Available") any Content that is unlawful, harmful, threatening, abusive, bullying, harassing, tortious, defamatory, vulgar, indecent, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) attempt to harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a KoiniSecure employee, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) 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);
(f) Make Available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) Make Available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "spim," "chain letters," "pyramid schemes," or any other form of solicitation;
(h) 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;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) 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;
(k) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
(l) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization;
(m) "stalk," bully or otherwise harass another;
(n) collect or store personal data about other users;
(o) attempt to circumvent the security systems of the Service or Our Websites;
(p) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service; and/or
(q) attempt to use the Service for any purpose other than those intended by us.
We encourage you to report any suspected violations of this User Agreement, in particular as they may relate to inappropriate behavior or activity in live chat and other community features, by either right clicking on the offending post or content and following the reporting instructions, or by sending us an e-mail. We reserve the right, in our sole discretion, to notify applicable law enforcement and/or government agency officials of any behavior by you or Your Children in contravention of this Agreement.
You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this User Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of KoiniSecure, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and may require changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or Content providers who provide Content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

  1. COMMUNICATIONS USING THE SERVICE

You acknowledge and agree that by using the Service to send electronic communications (including but not limited to e-mail messages, instant messaging, e-cards, live chat, posting to forums, uploading photos and files, and other Internet activities), you will be causing your communications to be sent through our computer networks, portions of which may be located in various locations in the United States and portions of which may be located in various locations outside of the United States. As a result, and also as a result of our network architecture and business practices and the nature of electronic communications, even communications that may seem to be made within a single jurisdiction, may actually constitute interstate or international communications regardless of where you and the persons you are communicating with are physically located at the time of transmission. Accordingly, by agreeing to this User Agreement, you acknowledge that use of the Service may result in interstate and international data transmissions and that such data may, as a result, become subject to the applicable laws of the jurisdictions where such data is processed and/or stored.

Instant messaging, message boards, forums and live chat features ("Public Forums") offer an opportunity for you and Your Children to communicate and make submissions for viewing by one or more other users of the Service. You acknowledge that Public Forums and related features are for public and not private communications and that you have no expectation of privacy with regard to any submission you and Your Children may make to such Public Forums. We cannot guarantee the security of any information you or Your Children disclose through Public Forums and you make such disclosures at your own risk. We also reserve the right to store your communications for a limited period of time for our own purposes relating to safety and security of our users. Your agreement to this User Agreement constitutes your consent to allow KoiniSecure to store and to access these communications on its servers when, in our sole discretion, a reasonable request is made for such access and disclosure by, without limitation, law enforcement or government agency officials. All personally identifiable information contained in communications stored by us shall be subject to our Privacy Policy.
From time to time KoiniSecure will send you notices to your Account through the Service. Your agreement to this User Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

  1. INDEMNITY

You agree to indemnify and hold KoiniSecure and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this User Agreement, or your violation of any law or the rights of another. You will cooperate with us in the defense of any claim against us relating to the foregoing. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you.

  1. LIMITATIONS ON USE AND STORAGE; MODIFICATIONS TO THE SERVICE

You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail or other types of messages that may be sent from or received by your Account on the Service, the maximum size of any e-mail message that may be sent from or received by your Account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off Accounts that are inactive for an extended period of time or for which payment has not been made. You further acknowledge that we reserve the right to modify these general practices and limits from time to time without notice to you.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. SUSPENSION AND TERMINATION OF ACCOUNTS

You agree that we may, under certain circumstances and without prior notice, immediately suspend or terminate your Account and/or your access to all or part of Our Websites, the Service and/or any products or services (including Paid Content) in the event that (a) we determine, after reasonable investigation, that you have breached this User Agreement, our Privacy Policy or other of our rules, guidelines or regulations or that your conduct violates applicable law or is otherwise harmful to our interests or other third parties; (b) we are requested to terminate your Account by law enforcement or other government agencies; (c) you request that we deactivate your Account; (d) we experience unexpected technical or security related problems; (e) you fail to pay Fees owed by you in connection with your use of the Services; and/or (f) we determine to cease our operations and/or provision of any products or services in connection with Our Websites and/or the Service.
Termination of your Account includes (a) removal of access to all offerings within the Service, including but not limited to mail, instant messenging, chat, and message boards, as well as Paid Content; (b) deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof); and (c) in certain cases, in our sole discretion, barring you from further use of the Service. You agree that all Account terminations for the reasons set forth in the preceding paragraph shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your Account, any associated e-mail address, or your access to the Service.

  1. THIRD PARTY LINKS; DEALINGS WITH ADVERTISERS

Our websites may contain links to or from third party websites ("Linked Sites"), including links to websites operated by advertisers and our promotional and business partners. We have no control over the Content of Linked Sites and we do not assume any obligation to review any Linked Sites and any Content, advertising, information, materials, products, services or other items available on or from them, and we disclaim all liability in connection therewith, including any loss or damage incurred as the result of your dealings with such Linked Sites and third parties, which are solely between you and them.
While we may provide links to Linked sites as a convenience to you, the Linked Sites are not owned or operated by us, nor are they part of Our Websites or the Service. Therefore, these Linked Sites have different policies than we do regarding the collection, use and disclosure of your personal information. Please be sure to review the applicable agreements and privacy policies carefully when visiting Linked Sites.

  1. KoiniSecure'S PROPRIETARY RIGHTS

All products, services, Content, information displayed, performed or otherwise accessible through Our Websites (except for User Content and your e-mail correspondence displayed on our Service through the use of third party e-mail services), including, without limitation, Public Features, Member Features, Software (as defined below), designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the "KoiniSecure Materials") are the property of Networking Partners Inc, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, the "KoiniSecure Group"), and are protected, without limitation, by United States and other copyright, trademark and patent laws. Without limiting the generality of any other provisions of this User Agreement, the use of any KoiniSecure Materials on any other website or networked computer environment is prohibited.

This User Agreement grants to you a limited license to access and use Our Websites, the Public Materials, and if applicable, the Member Materials, for your personal, non-commercial use, provided that this license is limited to the display of the KoiniSecure Materials in their entirety, including but not limited to advertisements that adjoin Content. Any attempts to access the KoiniSecure Materials in a manner that obscures or blocks advertisements is a violation of the license granted hereunder. You may print and retain a copy of pages of Our Websites only for your own personal, non-commercial use. Except as expressly provided above, you agree that no portion of Our Websites may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained herein shall be construed as conferring any other right. You may not use the KoiniSecure Materials in a manner that suggests an association with any of our products. You may not make any modifications to any KoiniSecure Materials other than as expressly permitted by us.

Without limiting the generality of the foregoing, you agree that you shall not: (i) download or copy pages of Our Websites, except as may occur through the normal caching function of your browser and except to print and retain a copy of such pages for your own personal, non-commercial use; (ii) download or copy information from Our Websites for the commercial benefit of you or a third party; (iii) make any resale or commercial use of Our Websites or the KoiniSecure Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of Our Websites or any Content contained therein; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to Our Websites and the information contained therein; (vii) frame or use framing techniques to enclose or obscure any trademark, logo, trade name or other Content (including images, text, page layout, or form) of KoiniSecure or its licensors; or (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of KoiniSecure or its licensors.

The Software you download in connection with your use of Our Websites and the Service, including any files, codes, images, and audio or video clips incorporated in or generated by the software, and data accompanying the Software are licensed to you for your personal, non-commercial use pursuant to a personal, non-exclusive, non-assignable, non-transferable license on a per child basis (i.e., one license per one child). The KoiniSecure Group keeps full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render the Software to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KoiniSecure AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF YOU ARE USING A PRE-RELEASE VERSION OF OUR WEBSITES AND/OR SOFTWARE, YOU AGREE THAT SUCH WEBSITES AND SOFTWARE ARE MEANT FOR EVALUATION AND DEVELOPMENT PURPOSES ONLY AND SHOULD NOT BE USED IN A COMMERCIAL OPERATING ENVIRONMENT OR WITH IMPORTANT DATA. BEFORE INSTALLING PRE-RELEASE SOFTWARE, YOU SHOULD BACK UP ALL OF YOUR DATA AND REGULARLY BACK UP DATA WHILE USING THIS SOFTWARE.

b. KoiniSecure DOES NOT WARRANT THAT THE IDENTIFICATION, AUTHENTICATION AND AUTHORIZATION TOOLS COMPRISING THE SERVICE ARE IMPOSSIBLE TO CIRCUMVENT AND/OR THAT PERSONS INCLUDING, WITHOUT LIMITATION, SO-CALLED "PREDATORS" AND/OR "CYBER BULLIES" WILL ALWAYS BE PREVENTED FROM ACCESSING OR USING THE SERVICE.

c. KoiniSecure AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

d. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR OTHER MATERIAL.

e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KoiniSecure OR THROUGH OR FROM THE SERVICE DIRECTLY OR INDIRECTLY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

f. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KoiniSecure AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KoiniSecure HAS 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.
NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILILTY OF KoiniSecure AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATED TO THE USE OF OR THE INABILITY TO USE OUR WEBSITES AND/OR THE SERVICE AND/OR KoiniSecure MATERIALS, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON OUR WEBSITES; OR (II) US $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

We reserve the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of Our Websites' security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on Our Websites, (c) involve and cooperate with law enforcement authorities in investigating any such matters and (d) prosecute violators of this User Agreement to the full extent of the law.

  1. REVISIONS TO OUR WEBSITES AND THIS USER AGREEMENT

We may, in our sole discretion, make changes to any aspect of Our Websites and the Service, including any Content, any activities available through Our Websites and any products or services offered through Our Websites. We may also, in our sole discretion, revise or make changes to this User Agreement by updating or revising it, with the revised terms taking effect immediately upon the date of posting the updated and/or revised version on Our Websites. Continued use of Our Websites following the effective date of any such update or revision constitutes your acceptance of any and all changes to this User Agreement. We may, but assume no obligation to, inform you and ask for your acceptance of any revised or updated version of this User Agreement via notification on Our Websites, or by e-mail or message to your Account message box. If you do not agree to the revised or updated terms of this User Agreement as of the effective date of such revised or updated terms, you may not continue to access or use Our Websites or the Services.

 

  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

KoiniSecure respects the intellectual property of others, and we ask our users to do the same. We may, in our sole and absolute discretion, disable and/or terminate the Accounts of users who violate this provision. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide KoiniSecure's Copyright Agent the following information in a written notice (a "Copyright Infringement Notice") which includes the following:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
KoiniSecure will only receive Copyright infringement Notices by e-mail

  1. GENERAL PROVISIONS

Entire Agreement. This User Agreement constitutes the entire agreement between you and KoiniSecure and governs your use of the Service, superseding any prior agreements between you and KoiniSecure with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other KoiniSecure services, affiliate services, third-party Content or third-party software.

Choice of Law and Forum. This User Agreement and the relationship between you and KoiniSecure shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and KoiniSecure agree irrevocably to submit to the personal and exclusive jurisdiction of and venue in the courts located within the county of Dade and state of Florida.

Waiver and Severability of Terms. The failure of KoiniSecure to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If any provision of this User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this User Agreement remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Account is non-transferable and any rights to the Content within your Account terminate upon your death. Upon receipt of a copy of a death certificate, your Account may be terminated and all Content therein permanently deleted. KoiniSecure may transfer or assign this User Agreement or assign or delegate its rights and obligations under this User Agreement, in whole or in part, without the need to obtain your consent. You may not assign this User Agreement, by operation of law or otherwise, without KoiniSecure's prior written consent.  Subject to that restriction, this User Agreement will be binding on and enforceable against the parties and their respective successors and assigns. 

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or to this User Agreement must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.
Section Titles. The section titles in this User Agreement are for convenience only and have no legally binding or contractual effect.

  1. VIOLATIONS

Please report any suspected violations of this User Agreement by either right clicking on the offending content and following the reporting instructions, or by sending an e-mail to us.
Effective Date: March 03, 2011

TwitterFacebookKoini