Lifekee LLC Corporation (d/b/a “Lifekee”) offers you (“you” or “your”) services that allow you to manage and exchange contact information through Lifekee’s website (“Site”) and licensed software application for mobile devices or other portable devices (“Application”) available through an application store. The Site, the Application, any software we provide or use in connection with our services and your interaction with the various Lifekee services offered to you may be collectively referred to in these terms as the “Services.”Our Application is licensed, not sold, to you for use only under the terms of this license, unless a product or service is accompanied by a separate license agreement executed by both you and Lifekee, in which case the terms of that separate license agreement will govern. We reserve all rights not expressly granted to you.
This License is a limited, non-exclusive, non-transferable, non-sublicensable license to use the Application on any mobile device or personal computer that you own or control. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (unless the foregoing restriction is prohibited by applicable law, or permitted by the licensing terms governing the use of open sourced components of the Application, if any). In addition, any commercial copying or distribution, publication or exploitation of the Site, or any content, software, code, data or materials on or from the Site, are strictly prohibited unless you have received express prior written permission from us or the applicable rights holder. Any attempt to do so is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by us that replace and/or supplement our Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
We are entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Service or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Service or for any of the reasons for termination as mentioned below.
- To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Lifekee account, (3) are not a competitor of Lifekee or are not using the Services for reasons that are in competition with Lifekee; (4) will only maintain one Lifekee account at any given time; (5) will use your real name and only provide accurate information to Lifekee; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Lifekee or third parties, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.
- The Services allows users to submit, modify, update and delete their dynamic Lifekee contact information (collectively, the “User Submissions”), submit contact information for others, as well as obtain contact information from other Lifekee users. These User Submissions may be hosted, shared, and/or published as part of the Service, and may be visible to other users of the Service who you agreed to connect to through the Lifekee Services. You acknowledge and agree that your User Submissions may be viewed by other users with whom you have shared such data. You retain your ownership rights in your User Submissions. You understand that Lifekee does not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your own User Submissions and the consequences of sharing them. User Submissions do not necessarily represent the views or opinions of Lifekee, and Lifekee makes no guarantees as to the validity, accuracy or legal status of any User Submission. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lifekee to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your User Submissions in the manner contemplated by the Service and this License; and (ii) you have the written consent, release, and/or permission of each identifiable individual person referenced in your User Submission to use their name and likeness in your User Submission. You hereby grant every user of the Service with whom you are connected a non-exclusive license to access your User Submissions through the Service. You further agree that you will not violate any of the restrictions listed in Prohibited Uses set forth in Eligibility Section. Lifekee does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions.
- Pursuant to this license, and in accordance with your settings, Lifekee may grant other members of Lifekee access to your content and information. You choose which members of the Lifekee community with whom to share your contact information.
- In the course of using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable. Nevertheless, you agree to use our Service at your sole risk and we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You agree not to exploit the Service in any unauthorized way whatsoever, including but not limited to, trespassing or burdening network capacity.
- Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
- It is your responsibility to keep your Lifekee contact profile information accurate and updated.
- We make no representation that our Service is available for use in any particular location. To the extent you choose to access our Service, you do so at your own initiative and are responsible for compliance with all applicable laws. We reserve the right to change, suspend, remove, or disable access to our Service at any time without notice. In no event will we be liable for the removal of or disabling of access to our Service. We may also impose limits on the use of or access to our Service without notice or liability.
- Lifekee may automatically check your version of the Application. Lifekee has no obligation to make available any updates. However, Lifekee may (a) require you to download and install updates; or (b) automatically download and install updates to your device.
- Lifekee does not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”) to be confidential information. If you send any Feedback to Lifekee through the Site, social networks or otherwise, you acknowledge and agree that Lifekee shall not be under any obligation of confidentiality with respect to the Feedback and nothing in this License limits or restricts Lifekee’s right to independently use, develop, evaluate, or market products, whether incorporating the Feedback or otherwise.
- You may link to the Site from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Lifekee where none exists. You may not frame the Site on any other website. Lifekee may revoke the permission to link to the Site at any time at its sole discretion
LIMITATION ON USE
The Service may only be used with platforms and by owners of profiles on social networks or platforms approved by the Company (“Approved Platforms”). You hereby warrant that you have all necessary and sufficient right to share such information with the Service and other users of its community.
You hereby warrant that you will not:
- Impersonate any person or entity or otherwise misrepresents affiliation, connection or association with any person or entity, or use any fraudulent, misleading or inaccurate contact information;
- Make any copies of, modify, adapt, disassemble, translate, decompile, distribute or otherwise transfer, rent, lease, loan, resell, sublicense or reverse engineer our Service or any part thereof;
- Remove, circumvent, disable, damage or otherwise interfere with any features of the Service, or attempt to gain unauthorized access to any portion of the Service through any means, or interfere with, corrupt, or disrupt the operation or performance of the Service or the ability of any other person to use the Service, including, without limitation, transmitting Content that contain any viruses, worms, Trojan horses, or other destructive items or harmful codes, or placing excessive load on the servers, or attempting to degrade the performance of the servers in any way;
- Violate other users’ or third parties’ rights to privacy, publicity and other rights, or harvest, scrap, data aggregate, data mine, screen scrap, index or collect data and information about other Users or third parties without their consent, whether manually, or automatically with the use of any means, including without limitation Bots, Crawlers, Spiders, Robots, Sifters and Load Testers, without the express written consent of the Company, or engage in testing, pen-testing, sniffing or monitoring of the Service, its systems, software or hardware in any way;
- Use the Service in connection with any advertisements, solicitations, chain letters, pyramid schemes, spamming or any other commercial communication;
- Use the Service in connection with material which a reasonable person could deem to be: stalking, offensive, inaccurate, incomplete, abusive, obscene, objectionable, defamatory, libelous, fraudulent or deceptive, indecent, pornographic, profane, threatening, advocating harassment or intimidation, distressing, vulgar, hateful, malicious, harmful for minors, racially or ethnically offensive, advocating racism, bigotry, hatred or physical harm of any kind against any group or individual, or disparaging the religious, political, or legal agenda of any person or entity;
- Use the Service in connection with material which promotes illegal activities, or the violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights (including, but not limited to, patents, trademarks, trade secrets, copyrights, or any confidential, proprietary or trade secret information of any third party), information protection and privacy, including, but not limited to, content which disseminates another person’s personal information without his or her permission.
COMMUNICATIONS WITH OTHER USERS
You are solely responsible for all of your communications and interactions with other users and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that the Company does not make any attempt to verify the statements of users of the Services or to review or vet any advertisers or promotions offered by third parties. The Company makes no representations or warranties as to the conduct of users of the Services or their compatibility with any current or future users of the Services. You agree to take reasonable precautions in all communications and interactions with other users of the Services and with other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person and give or receive advertised services or participate in third party promotions. The Company explicitly disclaims all liability for any act or omission of any users or third parties.
The Company retains all rights, titles and ownerships in and of the Service or any part thereof, including without limitation, the design and layout of the Service, all contents of the Service, copyrights, patents, trademarks, service marks and logos, database, registered or not (the “Materials”), except as expressly excluded in this Agreement. You may not use, sell, copy, modify, distribute, redistribute, license, publicly perform or display, publish, edit, create derivative works from, or otherwise make unauthorized use of the Materials, without the Company’s prior explicit written consent. You are granted only a limited and revocable right to use the Service, subject to the terms of this Agreement, and for personal use only, and under no circumstances are you acquired any right, interest or title to any part of the Materials.
LIMITATION ON WARRANTIES
You expressly acknowledge and agree that use of the service, including the site and application are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, our service is provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the service, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the service or that the service will be uninterrupted or error-free, or that defects in the service will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction.
You agree to indemnify, defend, and hold the Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages (compensatory, direct, incidental, consequential or otherwise), expenses, and any other liabilities of any kind, including without limitation attorneys’ fees, arising out of or related in any manner to your use or misuse of the Service, including without limitation your access to or use of the Service, any breach or alleged violation of the rights of any other person or entity by you, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right and any breach or alleged violation of this Agreement.
If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.
LIMITATION ON LIABILITY
You hereby expressly agree, that to the fullest extent not prohibited by the applicable law, neither the Company nor any other party involved in creating, producing or delivering the Services will be liable, in any event (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose), for:
- a. Any direct, indirect, special, incidental, consequential or exemplary damages, under any theory of liability, including but not limited to contract, tort (including negligence), damages for loss of data, profits and goodwill, arising out of the use, misuse or inability to use the Service, or by any form of malware, whether or not the Company was or should have been aware or advised of the possibility of such damages;
- b. Any information stored, processed or transmitted via the Service, including User Submissions;
- c. The validity, correctness or accurateness of any content disseminated, provided or otherwise delivered in connection with your use of the Service.
You hereby acknowledge and warrant that your use of any information obtained in connection with your use of the Service is at your sole discretion and risk. Your sole and exclusive remedy with respect to any problems or dissatisfaction with the Service it to uninstall and cease your use of the Service. Please be advised that despite its great efforts, the Company cannot guarantee that its Service will not be abused; we urge you to be cautious whenever you are asked to provide personal or sensitive information with strangers.
THIRD PARTY SERVICES
This Agreement applies only to your use of the Service. The Company has not reviewed, has no control over, nor does it endorse, screen, promote or otherwise assume any responsibility for the content of third party websites or applications or offline services of third parties accessible through the Services (“Third Party Services”), or the information, advertisements, services, practices or other material contained on, or accessible through Third Party Services, including without limitation third party websites to which hyperlinks are contained in the Service.
LIFEKEE FEES AND TAXES
In connection with certain Services, the Company may charge certain fees (“Fees”). Fees for any products or services will be shown in policies or terms provided to you before you use such products or services. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if the Company cannot charge a credit card, PayPal or other payment method for any reason, we reserve all rights permissible under law to recover payment and all costs and expenses incurred, including attorneys’ fees, in our pursuit of payment. You explicitly agree that all communication in relation to Fees due will be made by electronic mail or by phone. Such communication may be made by the Company or anyone on its behalf, including but not limited to a third party collection agent. If you cancel your account at any time, you will not receive any refund. If you have a balance due on any account, you agree that the Company may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. All sales on the Site and Appliation are final and non-refundable.
Most disputes can be resolved without resort to litigation. You can reach our support department at firstname.lastname@example.org. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Lifekee support department, and good faith negotiations shall be a condition to either party initiating a lawsuit. These terms and the relationship between you and the Company shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against the Company must be resolved by a court located in Miami-Dade County, Florida, or a United States District Court located in Miami-Dade County, Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida or the United States District Court located in Miami-Dade County, Florida, for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS AND THE RELATIONSHIP BETWEEN YOU AND THE COMPANY IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS THESE TERMS AND THE RELATIONSHIP BETWEEN YOU AND THE COMPANY. YOU CERTIFY AND ACKNOWLEDGE THAT (A) NO REPRESENTATIVE OF THE COMPANY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE COMPANY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) YOU HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER, AND (C) YOU MAKE THIS WAIVER VOLUNTARILY.
NOTICE AND TAKEDOWN
The Company does not allow using the Service or any of its features for intellectual property infringement. If you encounter what you believe to be a violation of your intellectual property rights in the Service, please notify us via e-mail to: email@example.com
Such notice (“Takedown Notice”) must include your full name, contact details (address and phone number), a reasonably detailed description of the alleged infringement and adequate evidence of your right in the relevant IP (for example, trademark registrar certificate or a signed affidavit). Once an adequate Takedown Notice is sent, the Company will either remove the alleged infringement or put you in touch with the person responsible for it.
If you receive notification from the Company stating that a Takedown Notice was received regarding content or activity for which you are responsible, you may contest the Takedown Notice within seven days, in which case only your contact details will be given to the Notice’s sender. If you infringe third parties’ IP your access to the Service may be restricted or blocked at the Company’s sole discretion.
ASSIGNMENT OF RIGHTS, SEVERABILITY AND WAIVER
The Company may assign its rights according to this Agreement to any third party at its sole discretion. You may not assign or delegate your rights according to this Agreement, without the Company’s prior written consent. If any part of this Agreement is deemed void, unlawful, or for any reason unenforceable or invalid, then that part shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of the Agreement.
Failure to assert, at any time, any right, or require performance in regard to this Agreement by or on behalf of the Company shall not constitute concession, yield, waiver or relinquishment of any sort, and shall not limit the Company’s rights with respect to such breach or any subsequent breaches. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
The Company reserves the right (but has no obligation), at its sole discretion and without prior notice to:
- a. Terminate your account or your access to the Service, with or without prior notice and at any time for any reason.
- b. Monitor or review any content submitted by you in connection with the Service, reject any content submitted or remove any content from the Service, or refuse your requests in connection with the Service.
AMENDMENTS TO THE AGREEMENT
The Company reserves the right, at its sole discretion, to periodically amend or revise the terms of this Agreement; material changes will be effective immediately upon the publication of the amended Agreement. Your continued use of the Service, following the amendment of the Agreement, constitutes your acknowledgement and consent of such amendments to the Agreement. The last revision will be reflected in the “Last modified on” heading above.
ADDITIONAL TERMS FOR USERS IN BOLIVA:
- The information entered or updated by the user will be replicated for all contacts or companies with whom the user has shared this information. The Application may only share the information authorized by the client in order to comply with Art.176 of the Regulation to the Telecommunications Law as of November 2016.
- The user can decide what information to share with other users or companies. The user can group his/her contacts in “circles” to which he/she can apply rules of information visualization. The use of this information is in conformity with the established in Art. 176 of the Regulation to the Law of Telecommunications to the date of November of the year 2016.
- Telephone communications, text messages, emails and any other generated through the Application or Site will be charged to the users by the service providers at the rates established by each of them with the users.