TERMS & CONDITIONS
ACCEPTANCE OF TERMS
IF YOU DO NOT AGREE TO THIS TERMS AND CONDITIONS SET FORTH HEREIN DO NOT UPLOAD OR SEND FILES THROUGH THE ONEKIY SERVICE, DOWNLOAD AND/OR INSTALL THE ONEKIY SOFTWARE, PROMPTLY ERASE THE ONEKIY SOFTWARE AND ANY PART THEREOF FROM YOUR COMPUTER AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
Subject to the ONEKIY End User License Agreement (“EULA”), which is an inseparable part hereof and which you are required to read carefully, ONEKIY hereby grants you the limited license set forth therein. The End User License Agreement can be found here.
ACCESS REQUIREMENTS AND RESTRICTIONS
You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, hardware, software, services and material that are required to access this Site and the products and services provided herein. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own Internet access, telephone, computer, and other equipment and any communications or other charges incurred by you to access ONEKIY products or services.
You may access ONEKIY products or services only through the interfaces and protocols provided or authorised by ONEKIY. You agree that you will not access ONEKIY products through unauthorised means, such as unlicensed software clients. Certain ONEKIY products support and protect only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file extensions or header information.
PROTECTION OF FILES
Upon registration and/or use of the products and services you shall be required to provide information. You agree to provide true, accurate, complete and current information. For your protection you agree not to share your registration information (including your username and password) with any third party for any purpose. You are solely responsible for any information you provide in connection with this Site and your use thereof.
You are solely responsible for protecting the information on your computer such as by installing anti-virus software, updating your applications, password protecting your files, and not permitting third party access to your computer. You understand that the ONEKIY products or services may protect files that are no longer usable due to corruption from viruses, software malfunctions or other causes. This might result in your sending and/or protecting files that are no longer usable.
The ONEKIY service and products may save to a server operated by ONEKIY or a third party on its behalf, a copy of files you may send, depending on your choice of service. ONEKIY does not warrant that it will maintain a back-up copy of your data saved to such servers. ONEKIY is not a back-up service and you should keep a copy of your content on your computer for back-up purposes.
If your license to use ONEKIY products or services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, ONEKIY may, without notice, delete or deny you access to any of your content or meta data that may remain in its possession or control (including without limitation access to files that are on your computer or your recipients computers).
You agree that if you delete a file from your computer or terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that these files may not be available to you should you wish to restore them.
You agree that ONEKIY may retain (but shall have no obligation to retain) your data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of ONEKIY’s marketing to you the opportunity to purchase, renew, or extend a license.
LIMITATIONS ON USE
UNLESS YOU HAVE OBTAINED ONEKIY’S PRIOR WRITTEN PERMISSION, YOU MAY NOT:
Copy, modify, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transferor sell any pages, data, information, software, products or services obtained from this Site, unless you have obtained the prior written permission of ONEKIY;
Copy, modify or display ONEKIY’s name, logo, trademarks, text or graphic images in any way, except as set forth herein; or include any ONEKIY trademark, any ONEKIY executive’s name or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any you and ONEKIY;
Redeliver any of the pages, text, images or content of this Site using “framing” technology;
Modify or use the pages, text, images or content from this Site for any other purpose-doing so is a violation of ONEKIY’s copyrights and other proprietary rights;
Use devices (including software) that are designed to provide repeated automated access to this Site, other than those made generally available by ONEKIY or probe, scan or test the vulnerability of any system or network related in any way to this Site;
Use the ONEKIY products or services for any illegal, infringing purposes or in violation of any applicable laws and regulations including without limitation export and re-export control laws.
Without limiting the foregoing, our products and services are not available where they are illegal to use, and ONEKIY reserves the right to refuse and/or cancel services to anyone at its own discretion.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access this Site.
IF YOU DO NOT QUALIFY OR COMPLY, PLEASE DO NOT USE THIS SITE.
CONTENT AND LINKS
ONEKIY transfers, presents and offers content uploaded or sent by its users or from third party providers (referred to hereinafter for the purpose of this Section as: the “content”). ONEKIY does not endorse or approve the content, and we make it available to you only as a service and convenience. ONEKIY and its users and third-party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the content or warrant any results from your use or reliance on the content. The content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither ONEKIY nor its users and third-party providers are obligated to update any information or opinions contained in any of the content. ONEKIY may discontinue offering any content on the Site at any time without notice.
Although this Site may contain links to third party sites, ONEKIY is not responsible for the content or privacy policies employed by any linked sites. ONEKIY provides these links as a convenience and does not endorse the companies or contents of any linked sites. ONEKIY bears no liability for the content appearing on any linked sites; for the use or reliance upon the information that appears upon the linked sites; and/or for the products and/or services offered therein.
NO RECOMMENDATIONS OR ADVICE PROVIDED
ONEKIY does not make recommendations or offer investment advice of any kind.
ONEKIY provides the content of the site for information, education and non-commercial purposes only and assumes no responsibility, therefore. Although ONEKIY may provide data, information and content, you should not construe any such information as advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any such information.
If this Site was not available for any period or any time, we shall not be liable. We give no warranties as to the accessibility performance availability, or of the Site or the service. Temporary suspension of access to this Site or service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure or for reasons beyond our control. ONEKIY reserves the right to suspend the operation of the service, its site or any part thereof.
You agree that neither ONEKIY nor its third-party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on the Site.
All content included on this Site, such as text, graphics, logos, trademarks, service marks, designs, button icons, images, audio clips, digital downloads, data compilations, copyrighted materials and software, is the property of ONEKIY or its content suppliers and/or customers and/or partners, and is protected by applicable copyright laws. The compilation of all content on this site is the exclusive property of ONEKIY and protected by copyright laws. Any unauthorised copying, reuse, or distribution of the above-mentioned copyrighted materials, without obtaining ONEKIY’s prior written consent, is strictly forbidden. All software and other related intellectual property rights used on this Site are the property of ONEKIY or its software suppliers and protected by copyright laws.
SUBMITTING E-MAIL ADDRESSES:
ONEKIY periodically sends out e-mail newsletters and other announcements to our users about services. By providing your email address you agree to receive such information. If you wish to cease doing so please contact us at: firstname.lastname@example.org.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, ONEKIY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY EXPRESSED OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ONEKIY MAKES NO WARRANTY THAT:
THE SITE WILL MEET YOUR REQUIREMENTS; THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; ANY ERRORS ON THE SITE WILL BE CORRECTED; THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THE SITE ARE CORRECTAND ACCURATE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH CONTENT; THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, including without limitation failures such as: your inability to open a document for any reason (temporary or permanent failure of service, users inability to authenticate, any other reason), lost or corrupted documents that are protected via the services/products, content reaching unauthorised users, any security failures. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT “AS-IS” AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
LIMITATION OF LIABILITY
ONEKIY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS ARE NOT AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF ONEKIY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT DEROGATING FROM THE FOREGOING, THE TOTAL AND AGGREGATE LIABILITY OF ONEKIY AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE SERVICES PROVIDED VIA THIS SITE, DURING THE SIX (6) MONTHS PERIOD PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT ONEKIY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ONEKIY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ONEKIY. ONEKIY WOULD NOT BE ABLE TO PROVIDE THE SITE, SERVICES AND PRODUCTS TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
You agree that ONEKIY, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) you may have with ONEKIY or your use of the Site, products and services. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that ONEKIY will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies ONEKIY may have at law or in equity.
ONEKIY may provide you with notices, including those regarding changes to ONEKIY’s terms and conditions, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless ONEKIY is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.
APPLICABLE LAW AND JURISDICTION
YOU AND ONEKIY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ONEKIY SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.