Terms of Use
Welcome to Kiteclick! These Terms of Use (referred to as "Terms") regulate and govern your access to and use of the Kiteclick platform and services (collectively, the "Service"). By accessing or using Kiteclick, you agree to comply with these Terms. If you do not agree with any part of these Terms, please refrain from accessing or using our Service.
The Kiteclick Service primarily operates as a social media forum where users can engage with one another through various functionalities, including kiteing, liking, commenting, and answering. Notably, the platform's prominent feature allows users to filter interactions based on criteria such as age, country, and more.
Please review these Terms carefully before using our Service. Your continued use of Kiteclick constitutes your acceptance of these Terms and any modifications made herein.
The Kiteclick Service
We are committed to providing you with the Kiteclick Service, encompassing all Kiteclick products, features, applications, services, technologies, and software, aligned with Kiteclick's mission: Unity by Coexisting. The Service embodies the following core elements:
- Creation, Communication, Discovery, and Sharing: Kiteclick offers a platform for users to create, communicate, discover, and share content, fostering interactive engagement among the community.
- Maintaining a Positive and Safe Environment: We prioritize cultivating a positive and secure environment for all users, implementing measures to encourage respectful interactions and protect the community from harm.
- Advancement and Utilization of Technologies: We continuously develop and utilize cutting-edge technologies to consistently serve and enhance our growing user base, ensuring an efficient and innovative user experience.
- Guaranteeing Access to Our Service: While we strive to maintain continuous access to Kiteclick, circumstances beyond our control may necessitate temporary interruptions or, in rare instances, the discontinuation of the Service. We reserve the right to modify, suspend, or terminate all or part of the Kiteclick Service at any time without prior notice or liability. Consequently, we shall not be held responsible or liable to you or any third party in the event of the Service's shutdown, interruption, or termination, irrespective of the cause.
- Commitment to Research and Innovation: We actively engage in research and innovation endeavors to evolve and improve the Kiteclick Service, aiming to offer new and enhanced features and functionalities.
User Obligations
In exchange for our commitment to provide the Service, we require you to adhere to the following commitments:
Who Can Use Kiteclick:
Our aim is to create an open, inclusive, safe, and law-abiding community. To ensure this, we ask that you commit to the following restrictions to be part of the Kiteclick community:
- Age Requirement: You must be at least 13 years old or of the minimum legal age in your country to use Kiteclick.
- Legal Restrictions: You must not be prohibited from receiving any aspect of our Service under applicable laws, nor should you engage in payments-related Services if you are on an applicable denied party listing.
- Account Violations: Your account must not have been previously disabled by us for violations of law or any of our policies.
- Criminal Background: You must not be a convicted sex offender.
How You Can't Use Kiteclick:
In using Kiteclick, you are expected to adhere to certain guidelines to ensure a safe and respectful environment for all users. Below are the commitments you must uphold:
- No Impersonation or False Information: You are prohibited from impersonating others or providing inaccurate information. While disclosing your identity on Kiteclick is optional, you must furnish accurate and current information, including registration details. Creating accounts for others is strictly prohibited without explicit permission.
- Lawful and Ethical Behavior: Engaging in unlawful, misleading, or fraudulent activities, or using the Service for illegal or unauthorized purposes, is strictly forbidden.
- Compliance with Terms and Policies: You must not violate, assist, or encourage others to violate these Terms or our policies, including but not limited to the Kiteclick Community Guidelines and Kiteclick Platform Terms.
- No Interference with Service Operations: Any actions intended to interfere with or impair the intended operation of the Service are not allowed. This includes misuse of reporting, dispute, or appeals channels, such as making fraudulent or baseless reports or appeals.
- Unauthorized Access or Information Collection: Attempts to create accounts or collect information in unauthorized ways, including automated methods, without our explicit permission are strictly prohibited.
- No Account or Data Trading: Selling, licensing, or purchasing any account or data obtained from us or our Service is forbidden. This includes attempting to buy, sell, or transfer any aspect of your account or soliciting login credentials of other users.
- Respect for Privacy and Rights: Kiteing someone else’s private or confidential information without permission or violating someone else's rights, including intellectual property rights, such as copyright or trademark infringement, is prohibited.
- Responsible Use of Content: You may only use someone else's works within exceptions or limitations to copyright and related rights under applicable law. You must ensure you own or have obtained all necessary rights to the content you kite or share.
- Prohibited Modifications: Modifying, translating, creating derivative works of, or reverse engineering our products or their components is not permitted.
Permissions you give to us
As part of our agreement, you grant us permissions necessary to provide the Service. These permissions include:
- Content License: While we do not claim ownership of your content, you grant us a license to utilize it. You retain all rights to your content and are free to share it elsewhere as you choose. By sharing, kiteing, or uploading content protected by intellectual property rights on or in connection with our Service, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This license ceases upon deletion of your content from our systems, which you can do individually or by deleting your account.
- Permission for User Information: You permit us to use your username, profile picture, and information related to your interactions and connections with accounts, advertisements, and sponsored content. This includes displaying your username, profile picture, and information regarding your actions (such as likes) or relationships (such as follows) in connection with accounts, ads, offers, and sponsored content on Kiteclick Products, without any compensation to you.
- Display in Connection with Sponsored Content: Your interactions with sponsored content may be displayed, such as liking a sponsored kite by a brand that has paid us for advertisement placement on Kiteclick. These actions are only visible to those with permission to view such content or follow those accounts, respecting your ad settings.
- Permission for Service Updates: You agree that we may download and install updates to the Service on your device to ensure the platform's optimal performance and feature enhancements.
Additional Reserved Rights
- If you select a username or similar identifier for your account: We may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service: We retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks: As expressly permitted by our Brand Guidelines or with our prior written permission.
- You must obtain written permission from us or under an open source license to: Modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Content Removal and Disabling or Termination
We retain the right to remove any content or information shared on the Service if we believe it violates these Terms of Use, our policies (including our Kiteclick Community Guidelines), or if required or permitted by law. Additionally, we reserve the right to refuse or discontinue providing all or part of the Service to you, including terminating or disabling your access to Kiteclick Products and Kiteclick Company Products, immediately under specific circumstances:
- To safeguard our community or services.
- If your actions pose risks or legal exposure for us.
- In the event of your repeated infringement of other individuals' intellectual property rights.
- When required or allowed by law.
We may also terminate or modify the Service, remove or block shared content or information, or discontinue all or part of the Service if we reasonably determine such actions are necessary to avoid or mitigate adverse legal or regulatory impacts on us.
Should you believe your account termination was in error or if you wish to disable or permanently delete your account, please refer to our Help Centre.
Our Agreement and Dispute Resolution
Rights Under the Agreement
- This agreement does not confer any rights to third parties.
- You cannot transfer your rights or obligations under this agreement without our explicit consent.
- We reserve the right to assign our rights and obligations to others: This may occur due to changes in ownership (such as mergers, acquisitions, or asset sales) or as required by law.
Responsibility for Service Usage
Our Service is provided "as is," and we cannot guarantee its complete safety, security, or flawless operation. To the extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not control users' actions, conduct, or content, whether online or offline, and we are not liable for their (or your) actions or the content they create. Additionally, we are not responsible for services and features provided by other entities, even if accessed through our Service.
Our liability for incidents on the Service is limited to the fullest extent permitted by law. We will not be liable for lost profits, revenues, information, data, or consequential, special, indirect, exemplary, punitive, or incidental damages resulting from or related to these Terms, even if we were aware of their possibility. This limitation includes instances where we delete your content, information, or account.
Dispute Resolution
For consumers, the laws of Indonesia will apply to any claim or dispute arising from these Terms. You may resolve your claim in any competent court in Indonesia having jurisdiction over the claim.
In other cases, you agree that claims must be resolved exclusively in a competent court in Indonesia. You submit to the personal jurisdiction of these courts for litigating any such claim, and the laws of Indonesia will govern these Terms and any claim.
Kiteclick Platforms reserves the right to bring claims against you related to unauthorized engagement or interference with our products in Indonesia and where jurisdiction over the claim exists.
Payment
When you opt for any of our paid Services ("Premium Services"), you agree to adhere to the following terms regarding payments:
- Fees and Taxes: You are responsible for the payment of applicable fees and taxes associated with the purchased Premium Services. Failure to fulfill these payment obligations may result in the termination of your access to the paid Services.
- Currency and Location-Based Pricing: Your purchase may be subject to foreign exchange fees or pricing differences based on your geographical location (e.g., exchange rates).
- Billing Method: We reserve the right to store and continue billing your payment method (e.g., credit card) even after its expiration. This practice ensures uninterrupted access to Services and enables payment for any subsequent Services you may acquire.
- Subscription Renewal: If you acquire a subscription, your payment method will be automatically charged at the commencement of each subscription period for the applicable fees and taxes. To avoid future charges, ensure cancellation before the renewal date. Details on canceling or suspending Premium Services can be found in your account settings.
- Refund Policy: All purchases of Services are subject to Kiteclick’s refund policy.
- Tax Calculation: Taxes applicable to your purchases will be calculated based on the billing information you provide during the purchase process.
- Invoice Access: You can obtain a copy of your invoice via your Kiteclick account settings under "Purchase History."
Disclaimers
- Accuracy of Information: While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, completeness, or reliability of any information displayed on Kiteclick. Users are encouraged to verify the information independently before relying on it.
- External Links: Kiteclick may contain links to external websites or third-party services. We do not endorse or assume responsibility for the content, privacy practices, or accuracy of information on these external sites. Users access external links at their own risk.
- Service Risks: Users acknowledge and accept the inherent risks associated with using online platforms. While we implement security measures, we cannot guarantee complete protection against unauthorized access, hacking, or data breaches. Users utilize Kiteclick at their own discretion and assume responsibility for their interactions and data shared.
Modification of Terms
- Terms Modification: We reserve the right to modify or update these terms and conditions at our discretion. Any changes will be effective immediately upon kiteing the revised terms on Kiteclick. Users will be notified of significant modifications via email or by a prominent notice on the platform.
- User Acceptance: By continuing to use Kiteclick after the revised terms have been created, users signify their acceptance of the updated terms and agree to be bound by them. It is the user's responsibility to review the terms periodically for any changes.