Kylook GmbH Terms and Conditions of Use
Valid from 7th August 2012
We appreciate your interest in Kylook.
This document describes the terms and conditions of use of Kylook’s GmbH (S.r.l.) services. Our terms and conditions (hereinafter “terms”) regulate the legal relationship between Kylook GmbH (hereinafter "Kylook" or "we") as operator of the platform, and you, as a user of Kylook
The terms apply to all content, functions and other services (hereinafter "Services"), which Kylook currently offers and any future offers.
Terms and Conditions of Use
Our servicesallow the management, storage, exchange and synchronization of your address bookand the possibility to get one or more Kcodes.
You are solely and exclusively responsible for the access to these services with any additional third party costs such as the cost of internet access with your phone or computer.
Kylook operates under different Top-Level-Domains (kylook.com, kylook.de, etc.) as well as several sub domains and aliases. Any website offering Kylook’s services hereinafter shall be called "Kylook’s Web Pages".
If you are younger than the age of consent or if you have not understood these terms, you cannot register with Kylook. The use of paid services is restricted to those who are over the age of consent.
By registering, you warrant to use only truthful, accurate, current and complete information about yourself as requested in the Registration Form. You may not register with any misleading or false information. You can register only once. With your subscription you confirm that you are not a member of Kylook as of yet and have not deleted an existing account.
If you do not complete your registration properly Kylook will not store any information entered.
We reserve the right to allow any user to use Kylook services. This means that Kylook may also refuse any application without explications.
3 Account, Password and Security
After completing your registration you will receive (or you can choose) a password. You are solely responsible for maintaining the confidentiality of your password and are fully responsible for everything that occurs within your account.
You agree to:
- Notify immediately in writing to Kylook if you suspect any unauthorized activity within your account or any security breaches
- Ensure that you properly close your account at the end of each session
Kylook is not responsible for any loss or damage caused to you or any third parties from the result of any unauthorized usage of your account, unless Kylook acted with gross negligence.
All prices are in Euro and include the currently valid VAT of - 19% (Germany). There are the prices at the contract date. Until full payment the goods or services remain our property.
Any user can terminate (delete) their account at any time without giving any notice or specific reason. All that is required is to go to “my account” and select the option “delete my account”.
If you terminate your account at Kylook, your account, address book and all backups will be deleted permanently from our server. However, the address books on your personal PC, any external email accounts and smartphones will not be deleted.
For those that are under aged: parents or guardians (legal representatives) may delete their account if they do not agree with our policy. In order to do this, they should send a written request to Kylook (in Spanish, English or German) with the name of the child, their email address that they have registered with and their date of birth and it must be signed by the legal representative.
The return right of the client does not exist for goods or services which are clearly tailored to personal needs. This is particularly true for personalized Kcodes. A refund of fees already paid will not - not even in proportion –take place.There is always the possibility of acquiring a free random (non-personalized) Kcode convinced in advance of services before buying a customized Kcode.
Kylook may terminate the contract with a notice of 14 days. Any extraordinary terminations for any important reasons will still be valid. The continuation of any contract will not be acceptable if any user violates our terms established here.
6 Terms of payment and due date
A order confirmation will be send via the e-mail address of the customer. Here, the customer receives a confirmation of the Kcode (s) acquisition.
If the customer requests an extraordinary invoicing by mail, an additional fee of 3,- Euro (within Germany) due.
7 Data Privacy
Kylook recognizes the importance of data handling and that our users entrust us. Kylook only uses your personal data in strict compliance with German laws for the Protection & Privacy of Data.
Your data belongs 100% to you. You are the sole owner of all content, rights and any information you enter on Kylook and share with third parties (Gmail, yahoo...etc.). Kylook does not claim any ownership rights over your data.
Any information or data that you upload, store, transmit or make available to Kylook is your own responsibility. You decide who can view your data as you require.
We do not sell/ share any information for marketing or promotional purposes to any third parties. Kylook will not disclose ANY personal information of its users, to any unauthorized third parties.
8 User Responsibilities
You will comply with all applicable laws when using Kylook. You agree to comply with all applicable laws on online user behavior and respect the data protection legislation.
You agree not to use Kylook Services for:
- transmitting any illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar and obscene content, which violates the privacy of another or goes against public rights or is morally unethical, racial or follows any other objectionable content;
- transmitting any content that contains software viruses or other computer codes, intended to disrupt, limit or destroy files and programs or functionalities of any computer software or hardware or telecommunications equipment;
- causing interference or attacks to the servers or networks connected. You acknowledge and agree that Kylook does not make any preliminary assessment of any content;
- submitting any content that is classified as SPAM.
- The use of computer programs for automatic reading of data such as Crawlers;
- Any electronic attacks of any kind against Kylook (including all operating hardware and software) or any individual users.
Examples of these electronic attacks include but are not limited to the list below:
1. Hacking, i.e. attempts to overcome Kylooks security mechanisms to avoid, evade or otherwise cancel / restrict Kylook activities.
2. The use and / or diffusion of viruses and / or Trojans.
3. Brute-Force attacks, such as obtaining unauthorized passwords through a systematic search of all possible combinations.
Apart from the already mentioned, it is also strictly prohibited to alter, rent, lend, sell or transfer the contents of Kylooks web pages or source codes.
9 Property Rights
Kylook gives the user a personal, nontransferable and non-exclusive right to use the services, provided that the user or any third parties related:
- Do not copy or modify or create software derived from Kylook.
- Do not try to use the source code of the software to sell, lease or license.
You agree not to alter the software in any way and to not use any modified version of the software, especially if its intention is to access Kylook illegally.
You agree not to access our services by any other means than through the registered interface provided by Kylook.
10 References (links) to Kylook Webpages
Kylook permits any references made to its webpages. You may use a hypertext link to refer to these pages, provided that:
- You do not give any misleading impressions or claims that there is some sort of affinity, relationship or sponsorship between your site and Kylook. You must also not imply that Kylook has given special approval of your website.
- the site of origin has no pornographic content, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, content which violates one´s privacy or goes against public rights or is morally unethical, racial or follows any other objectionable content.
Kylook does not permit its pages or any part of its pages to be engaged with Hotlinking Frames.
Kylook is very interested in your feedback (Feedback) on our services. Kylook reserves the right to publish any feedback and use any of its content. This applies to any information contained in the feedback such as, names, ideas, techniques, innovations, discoveries and expertise. This use on our part has no obligations or personal liability to you.
Any user can transmit their concerns and opinions through the Contact Form on Kylook's website. Furthermore you can consult our FAQ’s section.
12 Limited Responsibilities
By registering with Kylook, you assume full responsibility for all the data entered into Kylook. Kylook does not assume any liability for damage to users or third parties for the violation of any of our terms.
Due to the variety of sources of information available through Kylook and risks related to hardware, operating systems and service providers, there may be slight interruptions, delays, omissions, and or inaccuracies at times.
You agree to use Kylook’s services at your own risk. You are solely responsible for any damage to your hardware (computer, mobile phone, etc.) Or data loss caused by software or data that you’ve downloaded or have made available through Kylook.
13 Ajustmentsand Service Restrictions
It may be necessary to restrict the services and applications partially or completely. This would be due to the limits of capacity, network security, the operation of the server or the application of technical measures to ensure the proper provision of services. Kylook will always give an advanced warning notice of any planned maintenance.
Kylook reserves the right to stop providing this service temporarily, permanently, partially or completely, with or without notice.
14 Change in Terms
Kylook constantly strives to improve and significantly expand its service and its features. Therefore, Kylook reserves the right to change the terms adapting to any new situations or market developments in accordance with the German law in force.
In such case, the terms will be updated and published here. Users will also be sent a copy of the new terms via email 6 weeks before the new terms take effect.
Unless you write to us within that time (6 weeks), we will believe you have accepted the new terms upon receipt of the email.
You may terminate your account at any time, as described in § 5 Cancelations.
If you do not accept the new terms Kylook has the right to terminate your contract with a 14 day notification.
15 Final Provisions
These terms present the agreement between a user and Kylook. All previous documents between the user and Kylook are no longer valid with the presentation of this document.
These terms govern the use of our services along with data protection regulations of the Federal Republic of Germany.
You agree to accept email notifications from Kylook which display information of its webpage’s, including any related changes to the terms. Any changes to this statement must be passed in writing and signed by Kylook.
All rights and obligations under these terms are transferable with a merger, acquisition, sale of assets or the law. No part of this statement may impede the compliance with the law. This document gives no rights to third parties.
The agreed place of jurisdiction is the head office of Kylook GmbH, for all disputes between parties arising from this contractual relationship 77955 Ettenheim in Germany.
Commercial Register: Amtsgericht Freiburg (HRB 707926)
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Your data belongs 100% to you!
You control your data and you choose who sees it.
We do not sell any information of any of our users. Nor provide your personal information to third parties for promotional or marketing purposes.
We use your personal data only in strict compliance with German laws for the Protection & Privacy of Data.
Especially for children!
You can only use Kylook if you over the age of consent.If you are younger than the age of consent and if you do not understand these terms and conditions you should not register with Kylook.
Forthecorrect use of Kylook we have to comply to certain rules. Please read our terms and conditions carefully before registering with Kylook.
If you do not understand something, please consult your legal representative. If you do understand everything, you should still inform your legal representative that you have registered with Kylook.
To protect your data we keep everything "private", meaning no one can view any of your data without your consent ... But be careful: give your consent to those you really know and trust.
If you select "Yes, I have read the terms and conditions and agree" you accept all terms described in these pages.