Terms of Service
Introduction
Please read KKVibe 's ("KKVibe ", "We", "Our") Terms of Service carefully, which include and incorporate KKVibe 's Privacy Policy. KKVibe provides a service that allows KKVibe Account holders (as defined below) to register unique personal profiles and communicate with other members based on location. These Terms govern and apply to your access and use of KKVibe 's services available via applications owned, controlled, or offered by KKVibe (the "KKVibe"). To make these Terms easier to read, the KKVibe Software, our services and the KKVibe Site are collectively called the "KKVibe". Users who access, download, use, purchase, pay to use and/or subscribe to the KKVibe (collectively or individually "You" or "User" or "Users") must do so under these Terms. Your use of the KKVibe is contingent on your acceptance of these Terms and all the terms and policies incorporated herein.
BY ACCESSING, DOWNLOADING, USING, PURCHASING, PAYING TO USE AND/OR SUBSCRIBING TO THE KKVibe, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE KKVibe.
Please also note that if you subscribe to the KKVibe, your subscription will automatically renew for certain periods of time if you do not cancel prior to the end of the term. See the terms and our Virtual Goods and Currency Terms of Service for additional terms where applicable for more information on the automatic renewal terms applicable to subscriptions.
Eligibility
The KKVibe are only available for individuals eighteen (18) years of age or older. By accessing or using the KKVibe, you represent and warrant that you are currently eighteen (18) years old or over and that you are capable of lawfully entering into and performing all the obligations set forth in these Terms. You also represent and warrant that you have never been convicted of an indictable offense or any criminal offense involving sexual misconduct or otherwise. You further confirm that you (i) have not previously been suspended, removed, deactivated, terminated or blocked from the KKVibe; and (ii) are not a competitor of KKVibe and are not using the KKVibe for reasons that are in competition with KKVibe or other than for its intended purpose.
Who Can Use the Services
No one under 18 is allowed to create an account or use the Services.
By using the Services, you state that:
- You can form a binding contract with KKVibe;
- You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
No one under 18 is allowed to create an account or use the Services.
You hereby warrant that you are at least 18 years old. Our services are not intended for—and we don’t direct them to—anyone under 18. Anyone under 18 is not allowed to use our Services. Therefore we do not collect the user information of anyone under the age of 18. In the event that the information you provide in this regard is not truthful, KKVibe shall not be liable as it cannot verify the age of its users. If you are under 18 years old, do not attempt to register or use the App or the Service. If you are under the age of 18, you may NOT use the Service, with or without the approval of a parent or guardian.
Rights We Grant You
KKVibe grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our usage policies.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
User Content
a) Definition; Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to KKVibe through the Services or to other Users (collectively referred to as " post "), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are " User Content "). KKVibe does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is KKVibe liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.
b) Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to the Services or to any other User through the Services. You agree that all images posted to your KKVibe Account are of you. You may be required to supply certain information and post a photo of yourself to use the Services.
c) No Duty to Review User Content. Although you understand and acknowledge that KKVibe has no duty to prescreen, review, control, monitor or edUser Content
The Content of Others
Much of the content on our Services is produced by users, publishers, and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although KKVibe to the best of our resources and abilities will review all content that appears on the Services and to remove any content that violates these Terms, we cannot—and do not—take responsibility for any content that others provide through the Services.
Through these Terms, we make clear that we do not want the Services put to bad uses. But because we may not have the ability and resource to review every single piece of content on the Services, we cannot guarantee that content on the Services will always conform to our Terms.
We do not endorse, represent or guarantee the truthfulness, accuracy, or reliability of any content contributed by users or endorse any of the opinions expressed therein. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You acknowledge that any reliance on User Contributed Content of any KKVibe user will be at your own risk.
Privacy
Redwine takes the protection of your personal information seriously. Please refer to our Privacy Policy for information about how KKVibe collects, uses, stores and discloses personal information from its Users. You understand and agree that if you post any User Content, information or material of a personal or private nature in your profile or in any private or public areas of the Services or post or provide to KKVibe any information or content which is intended to be shared with other Users, such content, information and materials will be shared with others accordingly, and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of your personal information as described in our Privacy Policy .
Respecting Copyright
You agree to only upload, post, submit or otherwise transmit User Contributed Content: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). KKVibe respects the legal rights of others, and asks that its users do the same.
KKVibe honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if KKVibe becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user's account.
If you file a notice with our Copyright Agent, must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Safety
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
- You will not use the Services for any purpose that is illegal or prohibited in these Terms.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user's information.
- You will not use or develop any third-party applications that interact with the Services or other users' content or information without our written consent.
- You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another user's account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, guns or other weaponry, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of our Services or any system or network.
- You will not encourage or promote any activity that violates these Terms.
We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law.We will also fiercely honor and assist any legal investigations requested by any parties of the law enforcement agencies. We may involve and cooperate with law enforcement authorities in prosecuting KKVibe users who violate these Terms of Service. You acknowledge that we have the right to monitor your access to or use of the App and/or the Service for operating purposes, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
We also care about your safety while using our Services. So do not use our Services in a way that would distract you from obeying traffic or safety laws. And never put yourself or others in harm's way.
Your Account
You are responsible for any activity that occurs in your account. So it's important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.
By using the Services, you agree that, in addition to exercising common sense:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission to do so.
- You will not buy, sell, rent, or lease access to your KKVibe account without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
Purchases and Payments
We may offer various friends making Services that you can purchase and use through the Services. You don't own these Services; instead you buy enough app virtual coins to use them. You'll always be shown the price for Services before you complete a purchase. But KKVibe does not handle payments or payment processing for any purchases; those are handled by third-party payment providers or service providers (such as, Apple's iOS Store and Google's Google Play Store, among others). Some third-party service providers may charge you sales tax, depending on where you live. Please check the third-party service provider's relevant terms for details.
Subject to any applicable additional terms and conditions, all purchases are final and non-refundable. And because our performance begins once you tap buy and we give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it's completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT KKVibe IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Some of the Virtual Products we offer are for one-time use only, while others are for repeated use. But please note that "repeated" does not mean "forever." We may change, modify, or eliminate Virtual Products at any time, with or without notice. You agree that we will bear no liability to you or any third party if we do so. If we suspend or terminate your account, you will lose any Products you purchased through the Services.
It's your sole responsibility to manage your purchases.
KKVibe does not transmit any funds and is not a money-services business. To the extent such functionality is made available in the Services, it is provided by an unaffiliated third party, and like any other third-party service, subject to that third party's separate Terms of Service.
KKVibe offers in-app purchases ("IAP") through iTunes, Google Play or other application platforms authorized by KKVibe. If you choose to make an IAP, you will be prompted to enter details for your account with your application platform, and your application platform account (e.g. iTunes Account) will be charged for the IAP in accordance with the terms disclosed to you at the time of purchase as well as the general terms for IAP that apply to your application platform account. Some application platforms may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription IAP, your application platform account will continue to be billed for the subscription until you cancel the IAP. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you can do so within the KKVibe app or log in to your application platform account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the KKVibe application from your device. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. Deleting your account on KKVibe or deleting the KKVibe application from your device does not cancel your subscription; KKVibe will retain all funds charged to your application platform until you cancel your subscription.
Generally, all charges for IAP are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not KKVibe. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.
If you subscribed using your Google Play Store account: please contact Google Play customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet).
Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.
Third Party Content
Redwine may provide third party content on the Services and may provide links to web pages, applications, mobile apps, sites and content of third parties (collectively the " Third Party Content ") as a service to those interested in this information. KKVibe does not control, endorse or adopt any Third Party Content and expressly disclaims any and all representations, warranties or conditions of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that KKVibe is not responsible or liable in any manner for any Third Party Content and KKVibe undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Modification Of These Terms
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of any of the terms and conditions contained in these Terms including any policy or guideline applicable to the Services at any time. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Services, and your continued use of the Services after such posting will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the " last updated " date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about these Terms, please email us at the contact address below. These changes will be effective immediately for new and current Users of the Services.
Disclaimers
Redwine PROVIDES THE SERVICES AND THE PROPRIETARY MATERIALS AND THE SERVICES ON AN " AS IS " AND " AS AVAILABLE " BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KKVibe EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, ARISING FROM STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES AND THE PROPRIETARY MATERIALS, INCLUDING ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
KKVibe DOES NOT REPRESENT AND WARRANT THAT (A) YOUR USE OF THE SERVICES OR PROPRIETARY MATERIALS WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, (B) ANY DEFECTS IN THE SERVICES OR PROPRIETARY MATERIALS WILL BE CORRECTED OR (C) THE SERVICES AND PROPRIETARY MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KKVibe DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES OR THE DELIVERY OF ANY COMMUNICATIONS.
KKVibe HAS NO ANY OBLIGATION TO VERIFY THE IDENTITY OF OR SCREEN THE PERSONS SUBSCRIBING TO OR USING THE SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, KKVibe DISCLAIMS ANY AND ALL LIABILITY FOR YOUR INTERACTIONS WITH AND THE CONDUCT OF OTHER USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
KKVibe DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ANY RESULTS FROM YOUR USE OF THE SERVICES; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY OR LIABILITY FOR THE CONDUCT OF ANY USERS OR FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN KKVibe. UNDER NO CIRCUMSTANCES WILL KKVibe BE RESPONSIBLE FOR ANY LOSSES, DAMAGES OR HARM OF ANY KIND RESULTING FROM ANY USER'S CONDUCT OR YOUR USE OF THE SERVICES OR FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KKVibe AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF KKVibe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KKVibe'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID KKVibe, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Termination
Unless otherwise provided, these Terms take effect upon your initial use of the Services and shall remain in effect until terminated as described below.
a) Termination by KKVibe. Notwithstanding anything to the contrary in these Terms, KKVibe may suspend, remove, deactivate, terminate or block your KKVibe Account and your right to use the Services and may block or prevent your access to and use of the Services at any time in our sole discretion, for any reason, without explanation and without notice to you (including without limitation blocking Users from certain IP addresses). We also reserve the right to remove or block access to your KKVibe Account information, User Content or data from the Services and any other records at any time at our sole discretion. In the event that we determine that your access to any of the Services is terminated, blocked, deactivated, removed or suspended at any time in our sole discretion, for any reason, without explanation and without notice or for cause, such as due to any breach or violation of these Terms, flagged conduct or content, third party complaints, infringement of the intellectual property rights of others, you agree that all fees then paid to KKVibe by you will be nonrefundable.
b) Termination by You. In addition to any right to cancel your subscription pursuant, you may deactivate your KKVibe Account at any time by accessing "Settings" and selecting deactivate account or by emailing our customer support team at developer@becometruth.com
with the subject line Please Deactivate My KKVibe Account . After your KKVibe Account has been deactivated, and after you have logged out of the Services, your profile will not be visible to other Users. If you do not reactivate your KKVibe Account within sixty (60) days, your KKVibe Account will be permanently terminated and closed but some of your information (including any User Content, photos, videos, images, text, messages or data you have posted to the Services) may remain in KKVibe's backup copies and logs for up to one (1) year.
Contact Us
Please contact us at developer@becometruth.com if you have any comments, questions, or suggestions.