TERMS OF SERVICE
By using the Kakiloc service (the “Service”), a service of 6612849 Canada Corp (“Kakiloc”), you accept the following terms and conditions (the “Terms of Service”). The Terms of Service included software and services defined as, the Kakiloc Web Site (www.kakiloc.com), the Kakiloc mobile software that can be downloaded to your mobile phone or a pre-installed by the wireless operator or phone manufacturer. You should also be aware of our Privacy Statement located on the Kakiloc web site. Please refer to the privacy statement as it the service is also governed by it.
Service and the Software
The Kakiloc service allows you the ability to associate your geographical location with your network contact list in order to better manage communication with those acontacts and also discover new contacts within your proximity. You can :
• Create and maintain a list of Kakiloc members with which you want to share you geographical position and any other information related to it
• Send you location information using yoru web browser, your mobile phone or any other mechanism made available to you by the Kakiloc service.
• Configure Kakiloc to send notifications when you reach a certain location or when member(s) of you contact list reach a certain location.
• Directly send various types of messages to your contact list.
• Use the Instant Messaging service to communication with member(s) of you contact list.
• Browse geographical location and associated information created the members of your contact list.
Future versions of Kakiloc could leverage various mechanism to facilitate or mask the discovery of your physical location, these mechanisms, when introduced within Kakiloc, will be announced and described fully in an updated revision of this document and on the Kakiloc web site as well. You should be aware that Kakiloc will present the following information to your list of accepted contacts.
• Your last location set by you with any associated information you provided.
• The latitude / longitude of your location as defined by you.
• The complete trip information mapped on a world map if you elected to use the live reporting mechanism of Kakiloc
• A new potential contact information based on proximity and the contact list you currently are assigned to.
• Your presence within the Kakiloc Instant Messaging server.
• Your location, as a status item, in the Kakiloc Instant Messaging server
General Conditions
• You must be 13 years old or older to use the Service and the Software.
• You agree not to share your account and password with anyone else.
• You agree that your account is not shareable
• You agree to keep your password confidential and secure.
• You are responsible for all activity that occurs under your account name for the service
• You must not harass, intimidate or impersonate other Kakiloc users or use any information obtained from the Service in order to do so.
• The personal account of the Service and the Software are only for your personal use, you must not try to gain commercial advantages associated to this type of account.
• You agree not to engage in any illegal or unauthorized conduct through the Service or by using the Software.
• You are solely responsible for any data, screen names, graphics, photos, profiles, audio and video clips, links and any other content (the “Content”) that you submit and display on the Service. You may not submit and display on the Service any copyrighted material, trademarks or other proprietary Content belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
• We can, without any notice, remove Content and accounts containing Content that we consider offensive, obscene, racist, threatening, or otherwise objectionable and suspend you account accordingly.
• You agree to indemnify, defend and hold Kakiloc harmless from and against any and all claims, damages, losses and expenses (including but not limited to reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Service and the Software, resulting in claims against us by other users or third parties.
• You agree not to engage in any statement which could implies any association between Kakiloc, the Service or the Software and yourself or other entity.
• You can use the Personal Account of the Service and the Software free of charge. You will, however, have to pay for any and all network data charges that may be incurred when you download the Software or any upgrades thereto, or use the Service.
• If you are using the Personal Account, you accept (“opt-in”) that we will display and send to you targeted advertisements through the Service and the Software.
• Future premium services could be offered to you and you will the option to subscribe to those and pay the fees associated to those premium services.
• We reserve the right to terminate the Service and the Software, and to refuse the Service to anyone, for any reason, with or without notice, at any time.
• These Terms of Use shall be governed by the laws of Canada
• If any of the provisions of these Terms of Use are declared void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the initial intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.
Copyright
• The Service and the Software are protected by copyright, trademark, trade secrets and other intellectual property rights of Kakiloc. You agree to use the Service and the Software only pursuant to these Terms of Use, and not to reproduce, modify, translate, distribute, sublicense, or create derivative works based on, the Service or the Software or any parts thereof in any form unless otherwise expressly provided in these Terms of Use. You also agree not to reverse engineer, decompile or disassemble the Software, except as expressly permitted by law.
• We claim no ownership of any intellectual property rights over the Content that you upload to the Service. Any intellectual property rights in the uploaded Content belong solely to you (or your licensors). However, by uploading the Content to the Service, you grant Kakiloc a non-exclusive, royalty-free, worldwide and irrevocable right to use, reproduce, modify, distribute, sublicense, and prepare derivative works of, such Content, in any format or medium now known or later developed, solely on and through the Service
Limitation of Liability
• The Service and the Software are made available to you for your convenience on an “as is” and “as available” basis. KAKILOC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARRANTIES (INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, RELIABILITY OR NON-INFRINGEMENT) REGARDING THE USE OR THE RESULTS OF THE USE OR THE CONTENTS OF THE SERVICE OR THE SOFTWARE. Kakiloc does not warrant or represent that the Software will be free of all viruses. You understand that the Service and the Software are still in an “early stage”
◦ May not perform with complete functionality or may be inconsistently available, may have software “bugs” and may have other issues affecting availability and functionality. In addition to all other disclaimers and limitations of liability contained in these Terms of Use, you specifically agree that Kakiloc is not liable for any of the above issues. Moreover, you understand that Kakiloc does not warrant or represent that the Service and/or the Software will work on all mobile phones or is compatible with all the mobile networks and/or will be available in all geographical areas.
◦ KAKILOC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE SOFTWARE, OR THE RESULTS OR THE CONTENTS THEREOF, TO THE GREATEST EXTENT PERMITTED BY LAW.
◦ If you are dissatisfied with the Service or the Software, or have any other disputes or claims with or against Kakiloc with respect to the Service or the Software or these Terms of Use, then your sole and exclusive remedy is to discontinue using the Service and/or the Software.
Modification of these Terms of Service
You understand that we are continuously developing the features and the functionality of the Service and the Software. Consequently, we also reserve the right to modify these Terms of Service at any time. You agree that such alteration shall be effective upon posting on the Kakiloc web site and you will be bound to any alterations when you use the Service after such alteration is posted. It is therefore important that you review these Terms of Service regularly on the Kakiloc web site. If upon reviewing these new Terms Of Service, you do not agree with them, your sole remedy shall be to close your account and to cease using the Service and the Software.