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Terms of Use

For KINOMAP WEBSITE & KINOMAP APPLICATIONS

KINOMAP SAS (here in referred to as the "Company," "we" or "us") provides the KINOMAP website, various KINOMAP software applications, and other related services (the "Services") through its website at www.kinomap.com (the "Site"). By using the Site or the Services you agree to be bound by these terms of use (the "Terms"). The Company reserves the right to amend, modify or revise these Terms at any time; such amendments will become effective upon the Company posting the Terms as revised on the Site. Registered Users are required to accept these Terms by clicking "I Accept". We will attempt to give notice to registered users of the Site and/or Services via the email address you provide at registration when these Terms change. By your continued use of the Site or the Services you accept and agree to be bound by the revised Terms as posted on the Site at the time of your use. If you do not agree with any change to these Terms of Use you should discontinue your use of the Site and the Services and cancel your account.

Services and Registration

The Company provides the Services without charge, however, certain services or features of the Services can only be accessed by registered users, including but not limited to the ability to upload and share videos to the Site and the ability to comment on videos on the Site.

You may only have one user account and must provide the Company at the time of registration your user name, your email address and password. You may also provide your first and last name at your option. You may not create a user account on behalf of any other person or entity. You may also login to the Services using your Facebook login information. You may only use the Site and Services for your own personal use and not for any commercial use. When you use the Site, whether or not registered, you consent to our use of Session ID cookies. If you do not consent, you should not use the Site or Services. By becoming a registered user of the Site you consent to and agree to our use of Session ID cookies and Persistent cookies which we may place on your computer and mobile device to make our Site and Services work better, for our collection and use of user usage data to improve our Services and to share with our advertisers so that we may provide better advertising to you on our Site and Services. If you do not consent or if you opt out of the use of these cookies we may terminate your user account for use of the Site. You may not register to use the Site or download the Services if you are under the age of 13.

The Company reserves the right, in its sole and exclusive discretion, at any time and from time to time to modify any or all of the Services without liability of any kind. The Company further reserves the right to suspend or terminate the Services in whole or in part, at any time in the Company's sole and exclusive discretion. Such right includes the right to terminate any user's rights to use the Site or the Services in the event of user misconduct or threats or allegations thereof, excessive Site or Services traffic which prohibits other user's normal use of and access to the Site or the Services, or any violations of these Terms, as determined by the Company in its sole and exclusive discretion.

User Conduct and Obligations

You agree to use the Site and Services only for lawful purposes and agree to follow all applicable laws, rules and regulations of the geographic region where you reside, including all community, country, federal, state or local laws, rules and regulations. Furthermore, you agree to the following:

  • you shall not use the Services to upload, post, share or transmit any content that is: unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
  • you shall not engage in activity that may disseminate any computer viruses, malware or other programs, files or code designed to interrupt, destroy, gain access to or limit the functionality of any computer software or hardware or telecommunications equipment;
  • you shall not disseminate, post, share or transmit any content or other materials through use of the Services or the Site that constitutes unsolicited advertising, promotional materials, surveys, spam, junk mail, or other unsolicited bulk or duplicative messages;
  • you shall not disrupt or place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site, the Services, or any supporting computer systems, servers or networks;
  • you shall not sell, lease, license or transfer your user registration or access to or use of the Services to any third parties and you shall not use the Site or Services for any purposes other than personal, noncommercial use without prior written consent from the Company;
  • you shall not sell, offer for sale or advertise any guns, weapons, ammunition, drugs, alcohol, pornography, or any illegal goods or services through use of the Site or Services;
  • you may share content, including videos, from this Site via the share methods provided by the Company on the Site, but you shall not redistribute any content on the Site, in any other manner or for commercial purposes;
  • you shall not impersonate any other person or misrepresent to the Company or any other user your true legal identity; you shall not use the Services in a fraudulent, deceitful or deceptive manner;
  • you shall not replicate, duplicate, copy, or reverse engineer the Site, any part thereof, or the Services, including the Kinomap software applications available on the Site;

You may report violations of these Terms by contacting the Company at support@kinomap.com.

Relationships with Third Parties; Consent to Collect and Share Aggregate Information

You acknowledge and agree that your dealings with any third parties, including any mobile application stores, advertisers, social networking sites or other parties, found on, or accessed through this Site, or which provide access to the Services and any of their products or services, are solely between you and such third parties and the Company shall not be liable for any loss or damage related to your use or interaction with any of the foregoing. Your activities on third party websites are governed by the terms and privacy policies of that site and not by these Terms.

You understand and acknowledge that some of the services that may be or become accessible on this Site may be provided by third parties and that in certain instances, the Company may receive advertising, sponsor or license fees and/or other compensation from third parties. The Company may share, sell, license or exchange the nonpersonally identifying, aggregate information it collects about the users of its Site and the videos they view, share or upload, including information about the date, time, and location of such use. You should review our Privacy Policy https://www.kinomap.com/privacy for more information about the information we collect and how we use it.

BY YOUR USE OF THE SITE OR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY MAY INTERCEPT, COLLECT, STORE, DISCLOSE, SHARE AND SELL THE AGGREGATE, INFORMATION ABOUT YOUR USE OF THE SITE AND SERVICES, INCLUDING ALL DATA ASSOCIATED WITH OR INCORPORATED IN VIDEOS THAT YOU UPLOAD TO OUR SITE. IF YOU OPT OUT YOU MUST CANCELL YOUR USER ACCOUNT, STOP USING THE SITE AND SERVICES, DELETE ANY SERVICES FROM YOUR COMPUTER AND/OR MOBILE DEVICE AND DELETE ANY VIDEOS THAT YOU UPLOADED TO THE SITE.

Content

As a registered user you have the opportunity to upload your videos to the Site. Uploaded videos can be viewed by everyone worldwide. The following information will be publicly available with the videos that you upload: your user name, the date, time and location from which the video was uploaded, the date, time and location of the video's creation including starting point, route and end point, the GPS information for the route featured in the video, including elevation, speed, distance, location and time, and the mode of transportation used for filming the video. If your name, voice or physical likeness appears or is used in the video it will also be publicly available. You hereby grant to the Company and its affiliates the nonexclusive, perpetual, royalty free right to use and reproduce for all purposes related to the Company's provision of the Services, the Site and the Kinomap Trainer Application, your name and/or user name, voice and physical likeness and the names, voices and physical likeness of all others featured in any video you upload to the Site. You hereby represent and warrant to the Company that you have obtained all permissions and consents necessary to grant such rights to the Company. You should only post, create and upload content to the Site that you have all necessary rights, title, and interests in to be able to grant the licenses set forth in these Terms. By creating content on the Site or uploading videos to the Site you hereby represent and warrant to the Company that you have all rights, title and interests or the proper authority necessary to share the content and/or video through our Site and that you are not violating any third party's rights. You hereby waive any and all moral rights you may have as the creator of all content and videos that you upload or post to the Site or create using the Services. You hereby grant to the Company a nonexclusive, world wide, royalty free, perpetual license to copy, reproduce, distribute, display publicly, modify, and make derivative works of any and all content you create, upload or post on the Site including any comments on videos you upload, the videos you upload and comments you make on videos uploaded by others.

You acknowledge and agree that any content, data, program, video, Services or software accessible on the Site or through the Services (the "Site Content") is owned by us, our suppliers, our contributors, and content providers, or is licensed by us and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. We or our suppliers, our contributors, content providers or licensors retain all right, title, and interest in the Site Content. Accordingly, you agree you will not copy, reproduce, transmit, modify, translate, publish, broadcast, perform, display, sell or distribute such Content, other than within the scope of permitted use under these Terms. Your license to use of the Kinomap software applications is governed by these Terms and the End User License Agreement agreed to by you at the time of download or registration. We authorize you to view a single copy of the Site Content. You must not delete or alter any copyright or other notice we place on any Site Content. You may not appropriate, distribute, sell, mine, frame or scrape any of the Site Content, or exploit the Site Content for commercial gain. You may not use Site Content in any way not expressly permitted by these Terms and if you do, your right to use the Site Content will automatically terminate. Site Content and the Site generally, are subject to change or termination without notice. All rights not expressly granted herein are reserved.

You may delete your own videos and other Site Content that you have previously posted and shared on the Site. Videos and all other user generated content on the Site may be changed, modified, altered, deleted or removed at any time by the Company. While the Company is under no obligation to change, modify, alter, delete or remove any Site content (except as otherwise provided in Copyright Violations), you may submit requests to the Company at support@kinomap.com requesting alteration or removal of Site Content if you believe the Site Content is lewd, obscene, vulgar, defamatory, or in any other way infringes your rights. You must submit the following information along with your request for the request to be considered:

  • Your first and last name, address, phone number, and email address;
  • Your reason for the request, including any rights you believe may be violated;
  • Evidence to support your reason and your standing to make the request.

Technical Support and Force Majeure

During the term of your use of the Services, the Company will attempt to provide its users with commercially reasonable technical support relating to the use of the Services and the Site. This support is available via https://support.kinomap.com or by email at support@kinomap.com. In no event shall the Company be liable for any delays, failures or interruptions in the Services or access to the Site for any reason. Users shall notify the Company immediately of any Service interruptions. The Company shall further not be responsible for mistakes, omissions, interruptions, delays, errors, or defects in the Services caused by the negligence or willful act of a user or by user's equipment, internet service provider or mobile carrier.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND THE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE SOFTWARE APPLICATIONS AVAILABLE ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR OWN SOLE AND EXCLUSIVE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTEIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE, ITS SERVERS, THE SITE CONTENT OR THE KINOMAP SOFTWARE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THE USER HEREBY EXPRESSLY WAIVES ANY CLAIMS RELATED TO THE SAME.

THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES.

THE LAWS OF CERTAIN REGIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification by User

You agree to indemnify and hold the Company and its affiliates, business partners, officers, directors, managers, members, employees, shareholders, representatives and agents harmless from any loss, liability, claim, demand, damage, or expense (including actual legal fees) asserted by any third party relating in any way to your use of this Site or the Services or your breach of any of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. This indemnity obligation survives the term of any Services or the termination of these Terms.

Copyright Violations

It is the policy of the Company to terminate registration of any user who repeatedly infringes the copyrights of others and to expeditiously remove or disable access to the alleged infringing material if the Company is given proper notice of the infringement or infringing conduct by the copyright owner. If you believe any materials on the Site (e.g., videos, content, images, text, etc.) infringe your copyright, you may request removal of those materials from our Site by contacting our designated copyright agent (identified below) and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
  • Identification of 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 permit us to locate the material;
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
  • A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Copyright Notices should be submitted to the Company's copyright agent:

Copyright Agent
Kinomap
14 Rue de la Mairie
59500 DOUAI
FRANCE
Phone: +33 9 51 16 32 60
Fax: +33 9 56 16 32 60
Mail: support@kinomap.com

Additional Provisions

You expressly agree and personally submit to binding arbitration, to adjudicate and resolve any dispute with the Company, its affiliates, subsidiaries, employees, contractors, officers, directors, members, shareholders, managers, telecommunication providers and content providers or in any other way relating to the Site or the Services. Any arbitration claims shall be submitted to binding arbitration before the Tribunal de Commerce Français located in Douai, France and shall be governed by the French laws. The arbitration shall located in France and be conducted in French. The parties shall mutually agree to an arbitrator within 10 business days of submission of a claim for arbitration with the arbitration organization. If the parties cannot agree to an arbitrator within such time, the arbitration organization shall appoint an arbitrator. The initial filing fees shall be paid by the party filing the claim for arbitration. Thereafter, the costs of the arbitration shall be shared equally by the parties, and each party shall be responsible for his or her own attorney fees and costs. YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT Tribunal de Commerce Français IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.

The Company makes no claims that information on the Site or provided through the Services is appropriate or may be downloaded outside of the United States or the European Union. If users access the Site or use the Services from outside of the United States or the European Union, the user does so at the user's own risk and is responsible for compliance with the laws of the user's jurisdiction regarding online conduct and acceptable content. Personal information that is submitted to this Site will be collected, processed, stored, disclosed and disposed of in accordance with our Privacy Policy. All users acknowledge and agree that the Company may collect and use his/her personal information and disclose it to other entities outside the user's resident jurisdiction. In addition, such personal information may be stored on servers located outside the user's resident jurisdiction. U.S. and European Union law may not provide the degree of protection for personal information that is available in other countries. By providing us with the user's personal information, such user acknowledges and consents to the transfer of such personal information outside of the user's resident jurisdiction as detailed in our Privacy Policy. If the user does not consent to such transfer, he/she may not use this Site or the Services.

For users located in the United States of America, these Terms are governed by the substantive laws of the State of Colorado, without respect to its conflict of laws principles. For users located within the European Union, these Terms are governed by the substantive laws of France, without respect to its conflict of laws principals. If any provision of these Terms is found to be invalid by an arbitrator the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

These Terms are subject to revisions by the Company at any time in its sole and exclusive discretion. You agree to be bound by subsequent versions of these Terms as posted on the Site. You should check regularly to ensure that you are aware of any changes to the Terms. The Company will use commercially reasonable means to attempt to notify you via the Services on your mobile device or via email that the Terms have changed. These Terms apply to you or any of your activities or use of the Site or Services and together with the Privacy Policy and the End User License Agreement for each Kinomap Application you download constitutes the entire agreement between you and the Company regarding the Site and Services and supersedes any and all other terms, representations, promises or discussions. If any provision herein is or should become inconsistent with any present or future law, rule or regulation of any sovereign government or regulatory body having jurisdiction over the subject matter of these Terms, such provision shall be deemed to be rescinded or modified in accordance with such law, rule or regulation. In all other respects, these Terms shall continue to remain in full force and effect.

These Terms will commence upon use of the Site or the Services and will continue in full force until terminated in accordance with these Terms. The user may terminate these Terms at any time by ceasing all use of the Services and the Site, deleting or permanently removing all copies of the Kinomap Applications from the user's computers, tablets, and mobile devices and cancelling the user's Kinomap account; provided however that the following provisions shall survive termination: Content, Disclaimer of Warranties and Limitation of Liability, Indemnification by User, and these Additional Provisions. The Company may immediately terminate these Terms and any Services and may block user's access to his/her account without notice in the event a user violates these Terms as determined by the Company in its sole discretion. The Company may terminate these Terms and the Services for its convenience with 30 days' prior notice to any active registered user.

Questions about these Terms should be directed to support@kinomap.com