Terms of use
Terms of use
The site found at the specified web address is a protected work of authorship owned by . Certain functionalities of the website might have their own additional directives, conditions, or regulations, which, if applicable, will be displayed on the website alongside those particular functionalities.
These Terms also include any extra conditions, guidelines, and rules by referencing them.
The Terms of Use outlined here constitute the obligatory rules and stipulations that you must follow when using this website. WHEN YOU SIGN IN TO THE WEBSITE, YOU ARE AGREEING TO THESE TERMS and you affirm that you are capable and authorized to agree to these terms. YOU MUST BE 18 OR OLDER TO USE THIS WEBSITE. IF YOU DO NOT ACCEPT EVERY PART OF THESE TERMS, YOU SHOULD NOT SIGN IN TO OR USE THE WEBSITE.
Access to the Site
In accordance with these Terms, the Company provides you with a revocable, non-transferable, non-exclusive, and limited right to enter and use the Site for your individual, non-business purposes only.
Limitations on Use. Your privileges under these Terms come with specific limitations, as follows: (a) you are prohibited from selling, leasing, renting, transferring, distributing, hosting, or engaging in any type of commercial use of the Website; (b) you must not modify, produce derivative content from, dismantle, reverse compile or reverse engineer any aspect of the Website; (c) you are forbidden from accessing the Website with the intent of creating a similar or competing website; and (d) with the exception of what is explicitly allowed in these Terms, you may not duplicate, replicate, disseminate, republish, download, exhibit, broadcast or transmit any part of the Website in any way or by any means. Furthermore, unless mentioned otherwise, any updates, future versions, or additional features added to the Website will also be governed by these Terms. It is mandatory to keep all copyright and other proprietary notices present on the Website on all copies made of it.
The Company may modify, pause, or discontinue the website at its discretion, without any obligation to notify you. You acknowledge that the Company cannot be held accountable to you or any third party for altering, suspending, or halting the website or any portion of it.
Agreement on Lack of Assistance. You acknowledge that the Company is not required to offer any help regarding the Site.
You understand that, apart from any content you contribute, the ownership of all intellectual property, such as copyrights, patents, and trademarks, as well as confidential business information related to the Website and its materials, belongs to the Company or those who supply content to the Company. It's important to recognize that these Terms of Service and your use of the Website do not grant you any form of ownership or rights to the intellectual property, with the exception of the restricted usage rights outlined in Section 2.1. The Company and its content providers retain any rights that are not explicitly given to you in these Terms.
User Content
"User Content" refers to any information and materials that a user uploads or provides to the website. You, as the user, are solely accountable for the content you submit. There are potential risks in using your content, for which you are responsible. You guarantee that your content complies with our guidelines for acceptable use. You must not give the impression to others that your content is officially supported or endorsed by our company. Since the responsibility for your User Content rests on you, you could be subject to legal action. The company is under no obligation to save or backup any content you publish, and it can be removed at any time without warning. It is your duty to create backups of your content if you wish to keep it.
By agreeing to these terms, you give the Company the perpetual, nonexclusive right to use your User Content without payment, anywhere in the world. This includes the right to copy, share, show to the public, modify, meld with other materials, and make any other use of it. The company can also allow others to do these things, but only in the context of displaying your User Content on the Site. Furthermore, you permanently relinquish any right to be recognized as the author of your User Content or to object to how it is used.
Acceptable Use Guidelines. Our "Acceptable Use Guidelines" are defined by the terms below: You commit to not engaging in the following activities on the Site: collecting, uploading, transmitting, showing, or disseminating any content from users that infringes on the rights of others, including intellectual and proprietary rights; engaging in conduct that is illegal, harassing, abusive, torturous, threatening, injurious, privacy-violating, vulgar, slanderous, untrue, deliberately deceptive, libelous related to trade, sexually explicit, obscene, overtly offensive, or that encourages discrimination, hostility, or violence towards any group or individual; sharing content that could be detrimental to minors; or engaging in behavior that breaches any laws, regulations, or third-party obligations or limitations.
Moreover, you are committed to refraining from the following actions: (i) uploading, transmitting, or sharing any software through the website that could harm or modify computer systems or data; (ii) disseminating unsolicited or unauthorized advertisements, promotional materials, spam, chain letters, pyramid schemes, or similar repetitive and unwanted communications via the website; (iii) using the website to accumulate or compile information or data about other users without their permission; (iv) obstructing or overburdening the servers or networks connected to the website or disregarding the rules, policies, or protocols of such networks; (v) trying to access the website without authorization, through methods such as password mining or other techniques; (vi) disturbing or affecting another user's ability to enjoy the website; or (vii) employing software or automated tools to create multiple accounts on the website or to carry out repeated automated searches, requests, or queries on the website.
We hold the authority to examine any content provided by users, and should you breach the Acceptable Use Policy or any part of these Terms, or if your actions result in potential accountability for ourselves or others, we may respond at our own discretion. Our response could involve deleting or altering the content you've provided, closing your account as outlined in Section 8, and/or notifying law enforcement agencies about your behavior.
By sharing any ideas or input about the website with the Company, you are granting the Company complete ownership of that feedback. You consent to the Company using and taking full advantage of this feedback and any associated details as it sees fit. The Company will handle any feedback received from you as if it is not confidential and not exclusive to you.
You commit to protecting and safeguarding the Company, including its officials, employees, and agents, from all costs and legal fees that might arise from any third-party claims or demands that are a result of (a) your activities on the Site, (b) your breach of the Terms of Service, (c) your infringement of laws or regulations, or (d) the content you provide. The Company has the right to take over the sole defense for any case that you need to defend us in, and you must provide assistance in our defense against these claims. You are not to resolve any issues without first getting the Company’s written approval. The Company commits to acting with due diligence to inform you if it learns of any related lawsuit, action, or legal proceeding.
Third-Party Links & Ads; Other Users
The website features links and advertisements that lead to external websites and services not under the website owner's control. These external links and ads are offered to you for convenience and are not endorsed or verified by the website owner. When interacting with these links and ads, you do so at your own risk, and it's advised to proceed with caution. Clicking on any of these external connections will subject you to the terms and privacy policies of the respective third-party, which may also involve how they collect and handle personal data.
Every individual using the Site is accountable for their personal User Content. Since we do not oversee User Content, you recognize and concur that we are not liable for User Content produced by you or other users. You accept that the Company shall bear no responsibility for any harm or loss that may arise from such interactions. Should a disagreement occur between you and another user of the Site, we are not required to intervene.
By agreeing to this statement, you are giving up and absolving the Company, as well as our directors, staff, agents, successors, and representatives, from any and all kinds of disputes, claims, controversies, demands, rights, responsibilities, legal actions, and causes for legal action, whether from the past, present, or future, that came about or may come about as a result of, or in any way related to, your use of the Site. Moreover, if you live in California, you are specifically relinquishing your rights under California Civil Code Section 1542 concerning the abovementioned matters. This particular legal code mentions that a general release does not cover claims that the person releasing the claims was unaware of at the time of the release. If they had known about these claims, it could have vastly influenced their agreement with the person or entity they are releasing from liability.
Cookies and Tracking Pixels. Similar to other websites, KIMODS employs 'cookies.' These cookies collect data such as the preferences of users and the specific pages they have visited on our site. This data is utilized to enhance the user experience by tailoring the content of our website to match users’ browsing preferences and additional information gathered.
Google, which is an external supplier on our website, utilizes DART cookies to deliver advertisements to visitors based on their previous visits to www.website.com and various other websites online. Nevertheless, visitors have the option to opt out of DART cookies by referring to the Privacy Policy for Google's advertising and content network at this link – https://policies.google.com/technologies/ads.
Our Marketing Associates. Various companies that advertise on our website might employ cookies and web beacons. Below is a list of our marketing associates. Every partner involved in advertising with us has a unique Privacy Policy addressing their user data handling methods. To simplify your navigation, we have provided direct links to their Privacy Policies.
https://policies.google.com/technologies/ads
Sure, the content on the given page describes Google's advertising technologies. However, I can only provide a paraphrased text if you provide the specific paragraph you want paraphrased, as I'm unable to extract content directly from URLs. If you can provide the text, I'd be happy to help with that!
Disclaimers
The website is offered strictly "as-is" and "as available" without any guarantees from the company or our providers. All forms of warranties and conditions, whether they are explicit, implied, or required by law – including those of saleability, suitability for a specific function, ownership, undisturbed enjoyment, preciseness, or infringement rights – are explicitly renounced. Neither we nor our suppliers affirm that the site will fulfill your needs, that its access will be constant, timely, secure, or without errors, or that the content will be dependable, untainted by viruses or damaging software, exhaustive, lawful, or secure. Should current laws necessitate any sort of guarantee for the website, such warranties are confined to a maximum period of ninety (90) days starting from the initial date of usage.
Certain legal areas prohibit the disallowance of implied guarantees, hence the aforementioned exclusion might not be relevant to your situation. Additionally, certain legal areas forbid setting a time cap on the validity of an implied warranty, which means the referred limitation might not pertain to you either.
Limitation on Liability
Within the bounds of what the law allows, the company and its suppliers will not be held responsible for any financial loss, loss of data, money spent on alternate products, or any indirect, significant, casual, exceptional, or punitive losses that stem from these terms or your use of, or inability to use the website, even if we were aware of the potential for such losses. Choosing to access and use the site is entirely at your own judgement and risk, and you alone will bear the burden for any harm to your device or computer system, or any data lost as a consequence.
Under the fullest scope allowed by law, regardless of any differing provisions in this document, our responsibility to compensate you for any loss or damage connected to this agreement will always be capped at fifty United States dollars (US$50). Having multiple claims will not increase this cap. You acknowledge that our suppliers are not to be held accountable for any issues stemming from or associated with this agreement.
In certain areas, the law may not permit restrictions or the refusal to accept responsibility for damages that occur as a side effect or result indirectly. Therefore, the aforementioned restrictions or refusals may not be relevant to your situation.
Duration and Discontinuation. These Terms will be effective and enforceable as long as you continue to access the Site, according to this clause. We reserve the right to either suspend or revoke your rights to use the Site at any moment and without prior notice, based on our exclusive judgment, particularly if you breach these Terms. Should your rights under these Terms be revoked, your Account and access to the Site will immediately cease. Be aware that discontinuing your Account may result in the removal of your User Content tied to that Account from our active databases. The Company will not be held responsible for any termination of your rights under these Terms. Certain sections of these Terms, specifically Sections 2 through 2.5, Section 3, and Sections 4 through 10, will continue to apply even after your rights have been terminated.
Copyright Policy.
Our company values the intellectual property rights of others and expects the same from those who use our website. We have established a policy in line with copyright law for our website, which includes removing content that infringes on intellectual property and ending the access of repeat offenders to our online services. If you suspect that a user of our website is illegally using copyrighted material, and you want to request the removal of this potentially infringing content, you must submit a formal notice in line with 17 U.S.C. § 512(c) to our appointed Copyright Agent with the necessary details.
your physical or electronic signature;
A description of the copyrighted material you allege has been infringed upon.
Pinpointing the content within our services that you believe is violating your rights, which you are asking us to take down.
Enough details to enable us to find the specified material.
Your place of residence, phone contact, and email details.
An assertion that you genuinely believe the use of the material in question is not permitted by the copyright holder, their representative, or in accordance with legal provisions; and
A declaration confirming that the details provided in the notification are correct, and with the understanding that you could be subject to legal consequences for lying under oath, you assert that you are the copyright holder whose rights have reportedly been violated or that you have the permission to represent the owner of the copyright.
Be aware that under 17 U.S.C. § 512(f), if a complaining party provides false information in a written notice, they will be responsible for any resulting damages, expenses, and legal fees that we incur due to the written notice and the claim of copyright infringement.
General
We may occasionally update these Terms, and when significant changes occur, we'll aim to inform you by sending an email to the most recent address you've given us or by clearly highlighting the updates on our website. It's your duty to keep us updated with your current email. If your latest provided email is invalid, our attempt to send you notice still counts as valid notification of the changes. Any revisions to these Terms will take effect either 30 days after we email you or 30 days after we post the changes on our website, whichever is sooner. New users will be subject to the updated Terms immediately. If you continue to use our website after changes are posted, it means you understand and accept the new Terms. For resolving disputes, please pay close attention to our Arbitration Agreement. It's an essential part of your agreement with the Company and impacts your legal rights, including a stipulation for mandatory binding arbitration and a clause that waives the right to participate in a class action.
Scope of Arbitration Agreement: Should there be any claims or disagreements related to the Terms or usage of any company-provided product or service that cannot be settled casually or via small claims tribunal, they shall be determined through binding arbitration on an individual basis according to the stipulations of this Arbitration Agreement. Except when agreed upon differently, all arbitration sessions will be conducted in English. This Arbitration Agreement is applicable to both you and the Company, including its subsidiary entities, affiliates, representatives, employees, former holders of rights, future heirs, and those assigned, as well as any individuals or entities utilizing or receiving benefits from the services or products supplied as per the Terms, whether such use is authorized or not.
Requirement for Notification and Casual Dispute Settlement. Before initiating arbitration, the involved party must first deliver a Written Notice of Dispute to the opposing party, detailing the claim or disagreement and the sought resolution. The Company should be notified at the following address: Safi, Morocco. Once the Notice has been delivered, both you and the Company can try to settle the matter casually. If the dispute or claim is not settled within thirty (30) days of receiving the Notice, either party has the right to commence arbitration. The sum proposed in any settlement offer by either party should not be revealed to the arbitrator until they have decided on the award amount one of the parties is entitled to.
Arbitration Procedures. The process of arbitration will commence via the services of the American Arbitration Association, a recognized provider of alternative dispute resolution, which facilitates arbitration according to the guidelines outlined in this part of the agreement. Should the AAA be unable to conduct the arbitration, both parties must mutually decide on a different ADR Provider. The chosen ADR Provider's rules will dictate the entire arbitration process unless such rules conflict with these Terms. Details about the AAA Consumer Arbitration Rules that apply to the arbitration can be found at adr.org or by contacting the AAA at 1-800-778-7879. The arbitration itself will be carried out by a single impartial arbitrator. Disputes or claims seeking a total award less than ten thousand U.S. dollars (US $10,000.00) may be settled through a binding arbitration process that does not require the parties to appear, if the claimant chooses. For disputes or claims seeking an award of ten thousand U.S. dollars (US $10,000.00) or more, whether a hearing is necessary will be assessed according to the Arbitration Rules. Any such hearings will occur within 100 miles of your home, unless you live outside of the United States or the parties agree on a different location. For parties living abroad, the arbitrator will provide a reasonable advance notice of the time, date, and location of any verbal hearings. The arbitrator's decision can be enforced in any court with the proper authority. If the arbitrator awards you a sum higher than the company's final settlement proposal before arbitration began, the company will pay you either the awarded sum or $2,500.00, whichever is greater. Each party is responsible for its own arbitration-related costs and will equally share the fees and expenses of the ADR Provider.
Further Guidelines for Arbitration Without Physical Attendance: In cases where arbitration without in-person attendance is selected, the process will be carried out either over the phone, online, or exclusively through the exchange of written documents. The choice of how to conduct the arbitration will be made by the party who starts the arbitration process. There won't be any requirement for either the parties or their witnesses to appear in person, unless the parties mutually decide otherwise.
Statute of Limitations for Arbitration. Should either you or the Company opt for arbitration, the process must begin, and a formal request must be filed within the legally specified time frame and in accordance with any time restrictions specified in the rules of the American Arbitration Association (AAA) relevant to the claim in question.
Arbitrator's Power. Should arbitration proceed, the arbitrator is given the power to determine the legal responsibilities and rights of both you and the Company, ensuring that the matter remains separate from other issues and is not merged with other cases or connected to additional parties. The arbitrator is empowered to rule conclusively on requests, potentially resolving parts or the entirety of any claim. They are authorized to provide financial compensation and any other lawful, non-financial remedies or relief an individual may be entitled to under the AAA Rules and Terms. The arbitrator will produce a documented verdict and a detailed rationale, noting the key findings and reasons underpinning the decision. The arbitrator possesses the same capacity to dispense individual relief as a judge in a courtroom. The resolution made by the arbitrator is definitive and obligatory for both you and the Company.
Jury Trial Waiver. THE PARTIES AGREE TO FOREGO THEIR LEGAL AND LAWFUL RIGHTS TO PURSUE LEGAL ACTION IN A COURTROOM BEFORE A JUDGE OR JURY. Rather, they choose to settle all claims and disagreements through arbitration according to this Arbitration Agreement. Arbitration typically involves simpler, swifter, and cheaper procedures than those found in court proceedings, and the outcomes are scarcely reviewed by a court. If a legal issue that requires either vacating or implementing an arbitration decision, or any related matter, should take them to court, both YOU AND THE COMPANY RELINQUISH THE RIGHT TO A TRIAL BY JURY, preferring to have a judge resolve the issue.
Class Action and Consolidation Waiver. Every claim or disagreement that falls under this arbitration agreement is to be settled through arbitration or individual litigation. It is not permissible for such matters to be heard as a part of a group or class proceeding. Additionally, the claims of multiple customers or users may not be combined or arbitrated together, nor can they be merged with the legal actions of other customers or users.
Confidentiality Clause. Every element of the arbitration process must be held in the strictest confidence. It is agreed by the parties that they will preserve this confidentiality, except when legally mandated to do otherwise. This clause does not prohibit a party from providing information to a legal court if it's essential for the enforcement of this Agreement, the implementation of an arbitration decision, or the pursuit of provisional or fair remedies.
Severability Clause. Should a court with proper authority determine that any portion of this Arbitration Agreement is legally invalid or unenforceable, that particular portion will be deemed null and void. However, the invalidity of that portion will not affect the rest of the Agreement, which will remain valid and enforceable in its entirety.
Right to Forego. The party being accused in the claim can decide to relinquish any or all of the protections and constraints described in this Arbitration Agreement. This act of forgoing does not nullify or have implications on other sections of this Arbitration Agreement.
The Arbitration Agreement will remain in effect even after your association with the Company has ended.
Small Claims Court. Notwithstanding the previous statements, you or the Company have the right to initiate a legal action on an individual basis in small claims court.
Notwithstanding what has been said before, either party is allowed to request immediate legal action, such as an injunction, from a state or federal court to preserve the current situation while waiting for arbitration to take place. Applying for temporary measures should not be considered as giving up any other rights or responsibilities laid out in this Arbitration Agreement.
Exclusions from Arbitration. Despite what has been mentioned before, any allegations regarding slander, breaches of the Computer Fraud and Abuse Act, or any instances of infringing upon or unlawfully using the other party's patents, copyrights, trademarks, or confidential information are not covered by this Arbitration Agreement.
Whenever the above-mentioned Arbitration Agreement allows the parties to go to court, they both consent to be subject to the authority of the courts situated in Netherlands County, California, for those proceedings.
The website might fall under the jurisdiction of United States export control legislation and could also be governed by the export or import rules of other nations. You consent not to send, resend, or indirectly move any technical data from the United States that you obtained from the Company, or any goods that incorporate said data, in a manner that breaches export laws or regulations of the United States.
The business is situated at the location provided in Section 10.8. For those living in California, they have the option to file grievances with the Complaint Assistance Unit of the Division of Consumer Product within the California Department of Consumer Affairs. Complaints can be submitted in writing to 400 R Street, Sacramento, CA 95814, or one can call them at (800) 952-5210.
Electronic Correspondence: Your interactions with the Company, including your use of the website, emailing us, or when the Company puts up notices on the website or reaches out to you by email, are conducted through digital means. For the sake of agreements, you are: (a) giving your approval to get messages from the Company in digital format; and (b) accepting that all kinds of electronic records provided by the Company, such as contracts, terms, announcements, information, and other messages, are legally equivalent to those same documents written on paper.
Complete Agreement. These Terms represent the full agreement between you and our company concerning your use of the Website. Our failure to act on or enforce any part of these Terms does not imply we've waived any such rights or provisions. The titles of sections in these Terms serve solely for ease of reference and hold no legal or contractual significance. The term "including" is understood to mean "including, but not limited to." Should any part of these Terms be found to be invalid or not enforceable, the remaining provisions will remain effective, and any unenforceable term will be deemed altered to the extent that it becomes legal and enforceable under the law. Your association with the Company is as an independent entity; neither of us acts as the other's agent or partner. You are not permitted to transfer or assign these Terms, nor your associated rights and duties, without obtaining prior written consent from the Company. Any effort to do so without consent shall be considered null and ineffective. However, the Company retains the right to transfer these Terms freely. The obligations and stipulations outlined in these Terms are enforceable upon those to whom they are transferred.
Your Confidentiality. We encourage you to review our Privacy Policy.
Information on Copyrights and Trademarks. Copyright ©. All rights are preserved. Any trademarks, logos, and service insignias featured on the website belong either to us or to various third-party owners. Utilization of these trademarks is prohibited without our express written authorization or the authorization from the respective third-party owners of the trademarks.