KO Partners: Legal Policy
Last Updated: September 15, 2014
Privacy and the Protection of Your Personal Information:
You, the user, are solely responsible for your use of the APPLICATIONS, for any Content you post to the APPLICATIONS, any Content you share using the APPLICATIONS, and for any consequences that may ensue thereof. We designed KO Punchlist to be a stand-alone application which means that there is no communication between any server and the application. Therefore, we do not store any customer generated Content or information (other than what is specifically disclosed in these Terms) nor share any customer information with any third-party organizations or companies. The only person that can share Content is you, the user. You should only share Content using KO Punchlist that you are comfortable sharing with others under these Terms.
Should you choose to email us for technical support issues, we may retain your email communication for up to 18 months after your technical support issue case file has been closed in order to provide you with excellent customer service. We will use best efforts and standard industry safeguards to ensure that your email address is protected during such retention. We reserve the right to retain your email address, without any time limitation, to reply to your technical support questions, to provide you with updates regarding the APPLICATIONS, to provide you with marketing communications from KO Partners, and to solicit your feedback about the APPLICATIONS. You agree that your email address may be added to our marketing email list. Should you desire to “opt out” of or “unsubscribe” from marketing communications specifically, please follow the instructions on the email. We will make reasonable efforts to make sure your email address is thereafter removed from all marketing and feedback communications (does not include emails regarding application updates).
Deleting Your Application
Users are free to delete their KO Punchlist application (and any data contained within it) using standard application deletion procedures on user’s mobile device. KO Partners reiterates that since KO Punchlist is a stand-alone application that does not communicate with any server, it is impossible for KO Partners to retrieve any user Content or user preferences at any time, before or after deletion of the KO Punchlist application.
Our Policy toward Children
KO Partners complies with the US Children’s Online Privacy Protection Act (“COPPA”), if applicable, which requires us to notify and obtain consent from a parent or guardian before we collect, use and disclose the personal information of children who are under 13 years of age. We do not knowingly collect personal information from children under 13 years of age without such consent, even if sent to us via email, and if we learn that we have inadvertently done so, we will promptly delete it.
Security and Passwords
You are entirely responsible for safeguarding the Content that you put on KO Punchlist application and for any of your activities or actions while using KO Punchlist. As a stand-alone application that does not have any servers, we have not knowingly nor intentionally designed the KO Punchlist application with any avenues from which proprietary Content can be stolen; however, there is no guarantee that someone cannot steal Content through any improper means. KO Partners does not require users to create a password to use or access the KO Punchlist application. However, users have the option to add passwords to their projects in the Content. KO Partners encourages you to use the auto-lock and password-lock features on your device, and passwords that contain a combination of numbers, symbols, upper and lower case letters for your Content. We cannot and will not be liable for any loss of Content or unauthorized use of the Content you post or share.
Content displayed, used, or shared on the APPLICATIONS
Some key features of KO Punchlist include options to share Content via email and connectivity with DROPBOX™, BOX™, OneDrive™, and GOOGLEDRIVE™ , among others (hereinafter collectively and individually referred to as “THIRD PARTY SERVICE APPLICATIONS”). Users can use their own accounts with any of the THIRD PARTY SERVICE APPLICATIONS to store Content created on or saved in KO Punchlist. KO Partners does not collect nor retain any information related to user interaction with THIRD PARTY SERVICE APPLICATIONS, including without limitation, username and password login information. Users are required to abide by all terms of service and other legal policies, if any, set forth by the THIRD PARTY SERVICE APPLICATIONS. Any and all Content transmitted by you to other party or other parties, whether by email transmission or by using THIRD PARTY SERVICE APPLICATIONS, is the sole responsibility of the user who originated such Content. KO Partners cannot and will not take responsibility for any Content created on, used, or shared via the APPLICATIONS or THIRD PARTY SERVICE APPLICATIONS. Any use or reliance on any Content received via the APPLICATIONS or obtained by you through the APPLICATIONS is at your own risk. We cannot and do not endorse, support, represent, nor guarantee the completeness, truthfulness, accuracy, legality, or reliability of any Content or material shared via the APPLICATIONS. You understand and acknowledge that by using the KO Punchlist, you may be exposed to Content that might be inaccurate, deceptive, mislabeled, or otherwise inappropriate. Under no circumstances will KO Partners be liable in any way for any Content, including, but not limited to, Content that might be inaccurate, deceptive, mislabeled, inappropriate; 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 created on, posted, transmitted, or otherwise shared via the APPLICATIONS. As further elaborated in the limitation of liability section below, for the avoidance of doubt, KO Partners will not participate in any legal action of any kind between users, unless otherwise ordered by a court of competent jurisdiction.
KO Partners’ Rights; User Rights; Disclaimer of Third Party Trademarks
Content and Use Restrictions
We reserve the right to preserve and disclose any information as we reasonably believe, in our sole discretion, is necessary to comply with any applicable law, regulation, legal process or government request; enforce the Terms, including investigation of potential violations hereof; address fraud, security or technical issues; respond to user support requests; and/or protect the rights, property or safety of KO Partners, its users. The following is a list of actions that Users are prohibited from doing in conjunction with the users’ access or use of the APPLICATIONS: Users shall not,
- access or search or attempt to access or search the APPLICATIONS by any means other than through our currently available, published interfaces that are provided by KO Partners;
- breach or circumvent any authentication measures like password placed on Content by users;
- impersonate another person or falsely state or otherwise misrepresent your affiliation or employment with a person or entity, or adopt a false identity if the purposes of doing so is to mislead, deceive, or defraud another;
- display or share or produce any Content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, zoning ordinances, and laws governing trade secrets, rights to publicity or privacy;
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the APPLICATIONS to send altered, deceptive or false source-identifying information; or
- interfere with, or disrupt, or attempt to interfere with or disrupt, the access of any user, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the APPLICATIONS.
“KO Punchlist” is available for purchase from the Apple App Store, for the fee listed in the App Store. KO Partners reserves the right to change its fees, for access to or use of the APPLICATIONS at any time in the future. Your current use of the APPLICATIONS before such time shall not entitle you to use of the APPLICATIONS without fee change in the future.
DISCLAIMER OF WARRANTIES; APPLICATIONS AVAILABLE “AS-IS”
YOUR RELIANCE ON, USE OF, AND ACCESS TO THE APPLICATIONS OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE APPLICATIONS AND ALL CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, AND TO THE FULL EXTENT PERMITTED BY LAW, KO PARTNERS DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE APPLICATIONS OR ANY CONTENT THEREON. KO PARTNERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE APPLICATIONS, OR ANY CONTENT. YOU ALSO AGREE THAT KO PARTNERS HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE APPLICATIONS. WE MAKE NO WARRANTY THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KO PARTNERS OR THROUGH THE APPLICATIONS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KO PARTNERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SOFTWARE DEVELOPERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE APPLICATIONS; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATIONS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, INACCURATE, MISLEADING, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE APPLICATIONS; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KO PARTNERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions and Exceptions
Some jurisdictions do not allow the disclaimer, exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, KO Partners’ liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless KO Partners, its subsidiaries, agents, distributors, affiliates, and their officers, directors, and employees from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitations, attorney’s fees, resulting from your breach of any provision of these Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the APPLICATIONS and any related KO Partners APPLICATIONS and/or software. You agree to cooperate fully with KO Partners in the assertion of any available defenses in connection with a claim subject to indemnification by you under these Terms.
Waiver and Severability
The failure of KO Partners to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the APPLICATIONS will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
Arbitration; No Class Actions
Except if you opt-out or for disputes relating to: (1) your or KO Partners’ intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of provisions vi, vii, xiii of the “User Content and Use Restrictions,” above, you agree that all disputes between you and KO Partners (whether or not such dispute involves a third party) with regard to your relationship with KO Partners, including without limitation disputes related to these Terms, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and KO Partners hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor KO Partners will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if KO Partners is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either KO Partners or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You may opt out of this agreement to arbitrate. If you do so properly, neither you nor KO Partners can require the other to participate in an arbitration proceeding. To opt out, you must notify KO Partners in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out: KO Partners LLC, PO BOX 71718 Los Angeles CA 90071 You must include your name and residence address, the email address and username you use for your KO Partners account, and a clear statement that you want to opt out of this arbitration agreement. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with KO Partners.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your use of the APPLICATIONS or relationship with KO Partners, must be filed within one year after such a claim arose; otherwise, your claim is permanently barred.
Copyright Information; Open Source Components
Users acknowledge that KO Partners has used the following open source components in the development of the APPLICATIONS. The components and links to their respective copyright notices are listed below: Dropbox https://www.dropbox.com/developers/core/sdk Box https://github.com/box/box-ios-sdk PDF reader https://github.com/vfr/Reader/blob/master/LICENSE.md DiyCam https://github.com/thisandagain/cam/blob/master/LICENSE.md ToastView https://github.com/alexleutgoeb/ALToastView/blob/master/LICENSE.txt BlackRaccoon https://github.com/lloydsargent/BlackRaccoon/blob/master/LICENSE.txt SVProgressHUD https://github.com/TransitApp/SVProgressHUD/blob/master/LICENSE.txt OneDrive, part of ‘Live’ from Microsoft https://github.com/liveservices/LiveSDK-for-iOS/blob/master/LICENSE.txt
Changes to these Terms; Suspension of the APPLICATIONS
KO Partners reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms at any time without prior notice to you or agreement from you. Please review these Terms on our website http://kopunchlist.com/terms-and-conditions/ periodically for changes. Please download updates of KO Punchlist from the Apple App store whenever they become available to ensure that you are using the most current version of our application and have read the most current version of the Terms. Due to the fact that the APPLICATIONS are stand-alone applications without any communication to a server, we do not have a way to provide you with email notice of updates to the APPLICATIONS; therefore, it is your responsibility to download all application updates as they become available to ensure that you have read the most current version of the Terms that you are bound to. Your continued use of the APPLICATIONS constitutes your acceptance and agreement to be bound by the most current Terms without limitation, qualification, or change. KO Partners may also suspend its APPLICATIONS, temporarily or permanently, with or without prior notice to you.
These Terms are the entire and exclusive agreement between KO Partners and you regarding the APPLICATIONS, and these Terms supersede and replace any prior agreements between KO Partners and you regarding the APPLICATIONS. No other person or company will be third party beneficiaries to the Terms. We may revise these Terms from time to time; the most current version will always be at http://kopunchlist.com/terms-and-conditions/. By continuing to access or use the APPLICATIONS after those revisions become effective, you agree to be bound by the revised Terms. The APPLICATIONS are operated and provided by KO Partners LLC having a mailing address of PO BOX 71718 Los Angeles CA 90071. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.