Our app and web site, and the services made available via our app and web site (all app, web site and services are referred to herein collectively as the “Services”), are here to help you block people across multiple apps. We means “Kahpong,” “we,” or “us” want you to have a great experience with our Services, but first, you should understand the terms and conditions that apply to your use of the services. Please take a few minutes and read this Terms of Service agreement (the “Agreement”).
This Agreement applies only to the non-commercial, personal use of Kahpong Services by consumers. If you are a business entity or otherwise intend to use Kahpong services for any commercial purpose, you must enter into a separate agreement with Kahpong (a “Commercial Use Agreement”), and this Agreement does not apply to your use of Kahpong services. You may not use Kahpong services for any commercial purpose unless you have entered into a Commercial Use Agreement with Kahpong. For more information about Kahpong services for businesses, please contact us at firstname.lastname@example.org.
Certain features of the Services may be subject to additional guidelines, terms or rules, which will be posted in or on the Services in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.
If you reside in the European Union or are otherwise under the scope of the General Data Protection Regulation of the European Parliament and of the Council (Regulation (EU) 2016/679, “GDPR”) you must be sixteen (16) years of age or older to use the Services. If you are not in the European Union or otherwise under the scope of the GDPR, you must be thirteen (13) years of age or older to use the Services (in either case, the “Minimum Age”). If you are between the ages of thirteen (13) and eighteen (18), you must have parental consent to use the Services.
If applicable law in the jurisdiction in which you reside requires you to be older in order for Kahpong to provide the Services to you, including the collection, storage, and use of your contact information, then the Minimum Age is the legally required older age. The Services are not for use by anyone under the age of 13 years.
You may only use the Services and the information you obtain through the Services (“Kahpong Data”) for your own personal, non-commercial use, and only in accordance with all applicable laws, rules and regulations. Among other limitations contained herein, you may not:
In order to access certain Services, including the addition of personal listing or the modification or suppression of information in an existing personal listing, you may be required to create a Kahpong user account (an “Account”) using your phone, e-mail, or as further described in Section 3.3 (Third Party Log-In), a social media account. To create an Account, you must provide certain information about yourself, such as name, email address, or phone number (such information, “Registration Data”), and answer all inquiries marked “required.” If you create an Account, you agree: (i) that the Registration Data you provide to us will be true, accurate, current, and complete at the time you provide it; (ii) to maintain and update your Registration Data to keep it true, accurate, current and complete; and (iii) that we may contact you using your Registration Data to confirm your Registration Data before you may use certain Services or to deliver notices or advertisements related to the Services.
We reserve the right to terminate your license to use the Services and to refuse to provide you with current or future access to the Services if we reasonably believe any of your Registration Data is, or appears to be, untrue, inaccurate, not current, incomplete or outdated. In the event you change or deactivate the phone number(s) you used to create or add to an Account, you agree to update your Registration Data within 30 days to ensure that your information is not attributed to a person or business who acquires your old phone number.
You are responsible for maintaining the confidentiality of your Account credentials (such as your username and password) and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Kahpong of any unauthorized use of your Account credentials or any other breach of security of which you become aware. We will not be liable for any loss or damage arising from your failure to comply with this section.
We may edit or refuse to send or post any User Content, in whole or in part, or remove any User Content, in whole or in part, in our sole discretion. In the event that you lose rights to any User Content you provided, added, or transmitted to or through our database (whether or not you kept it private) for any reason (including changing your phone number), you hereby agree that you will immediately use the tools we make available to you to remove such User Content.
While we appreciate receiving comments, ideas, suggestions, feedback or the like regarding any Services or any other products or services of Kahpong (collectively, “Feedback”), we shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and we shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation. We will not treat your Feedback as confidential.
We have no obligation to review or monitor your User Content or content that other users submit through the Services. Therefore, you accept that you, via the Services, may be exposed to information that is erroneous or otherwise objectionable.
Even though we are not obligated to review or monitor the content submitted by our users, we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.
You understand and agree that Kahpong will not be liable for any content publicly posted or privately transmitted through the Services. You understand and agree that we cannot guarantee the identity, statements or representations of any other users with whom you may interact in the course of using the Services. Additionally, we do not guarantee that any content obtained from our users or otherwise, is accurate, complete, authentic, current or reliable.
Unless otherwise indicated, the Services, and all content and other materials provided to Kahpong, including, without limitation, Kahpong Data, but excluding User Content (collectively, the “Materials”), are proprietary to Kahpong or its affiliates or licensors, and are protected by U.S. and international intellectual property laws. Subject to your compliance with the terms and conditions of this Agreement, and in consideration of your promises reflected herein (and with respect to any Services requiring payment of fees, your payment of such fees), we grant to you a personal, non-exclusive, limited license for your own personal, non-commercial use to: (i) access and use the Services, (ii) cause the Materials to be displayed from a single computer or mobile device, and (iii) use the Materials, solely as permitted under this Agreement (the “License”). The License does not include a license to you to use Kahpong’s name or trademarks for any purpose. All rights and licenses not expressly granted to you in this Agreement are retained by Kahpong.
Kahpong may revoke or terminate the License granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services or Materials, or (iii) use the Services or the Materials other than as specifically authorized in this Agreement, without our prior written permission.
Kahpong may discontinue, terminate, suspend or shut down the Services, in part or in whole, at any time, for any or no reason. We may give notice of such discontinuation, termination, suspension or shut-down through any means, including, but not limited to, making such notice available on or through the Services or otherwise publicly announcing such discontinuation, termination, suspension or shut-down. Upon any such action by Kahpong, your License shall automatically terminate with respect to the affected Services and you must immediately stop using all affected Services.
Kahpong has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand. We may involve and cooperate with law enforcement authorities in prosecuting users who violate terms of this Agreement.
This Section 6 only applies to your use, if any, of the Services that are available either through the Apple App Store or the Google Play store. In the event that any of the terms in this Section 6 conflict with other terms of this Agreement, the terms in this Section 6 will govern and control.
We grant you a non-transferable license to download and use the Kahpong iOS Applications on any iPhone®, iPod® touch, and/or iPad® device(s) that you own or control, as permitted by the usage rules set forth in the Apple App Store Terms of Service. If you use the Kahpong iOS Applications, you acknowledge that we may access and use your mobile device’s Unique Device Identifier (“UDID”) via the application for the following purposes: (i) identification of users and authorization for account access; (ii) tracking and reporting of anonymous usage statistics.
Further, if you use the Kahpong iOS Applications, you acknowledge that Apple, Inc. (“Apple”) has no obligation to furnish any maintenance and support services in connection with the Kahpong iOS Applications. In the event of any failure of the Kahpong iOS Applications to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) to you. Beyond such refund, Apple will have no other warranty obligations with respect to the Kahpong iOS Applications and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (for which we are deemed responsible) will be our sole responsibility. You further acknowledge that Kahpong, and not Apple, is responsible for addressing any claims relating to the Kahpong iOS Applications or your possession and/or use of the Kahpong iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Kahpong iOS Applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You also acknowledge that in the event of a third-party claim that the Kahpong iOS Applications or your possession and use of the Kahpong iOS Applications infringes a third party’s intellectual property rights, Kahpong, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim. You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this paragraph, and that Apple will have the right, and will be deemed to have the right, to enforce this paragraph.
Any questions, complaints or claims regarding the Kahpong iOS Applications should be directed to: Kahpong, Inc., 1409 Termas Drive, Las Vegas, NV 89117, or at email@example.com.
If you use Kahpong Android Applications, you acknowledge that you must contact Kahpong, not Google, concerning any defects or performance issues in applications download and installed from Google Play. Kahpong is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of, any Services and any complaint about our Services.
If you have installed on your device any software made available by Kahpong for use of any Services, such as a Kahpong app, you agree that from time to time, the Services may automatically download and install upgrades, updates and additional features for the software in order to improve, enhance, and further develop the Services.
The following provisions apply to users who interact with Kahpong outside the United States:
Kahpong makes no representation that the Services are available for use in any particular location. To the extent you choose to access and/or use the Services, you are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws.
Many of our Services are available globally. Additional terms and conditions may apply to users of Services in certain jurisdictions and will, in such cases, be disclosed to you prior to your use of the Services.
Different or additional terms and conditions may apply to certain Services. In any such case, you will be given notice of the different or additional terms prior to use of such Services.
The services and the materials are provided on an “as is” and “as available” basis. You expressly agree that use of the services and materials is at your sole risk and that you will be solely responsible for any damage to your computer system or loss of data that results from your use of the services or materials and for any disclosure of information that you undertake while using the services or materials.
To the fullest extent permissible under applicable law, Kahpong and its affiliates and licensors disclaim all warranties of any kind, express or implied, including, but not limited to, warranties of title, noninfringement and implied warranties of merchantability or fitness for a particular purpose, with respect to the services or materials.
Without limiting the foregoing, neither Kahpong nor any of its affiliates or licensors, nor the respective officers, directors, licensors, employees or representatives of such parties (collectively, the “Kahpong Providers”) represent or warrant (i) that the services or materials will meet your requirements or be accurate, complete, reliable or error free; (ii) that the services or materials will always be available or will be uninterrupted, accessible, timely, responsive or secure; (iii) that any defects will be corrected, or that the services or materials will be free from viruses, “worms,” “trojan horses” or other harmful properties; (iv) the accuracy, reliability, timeliness or completeness of any materials available on or through any services; (v) any implied warranty arising from course of dealing or usage of trade; or (vi) that the services or materials are non-infringing.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
In no event shall any of the Kahpong providers be liable for any direct, indirect, incidental, special, consequential, punitive or other damages, whether in an action in contract, tort (including but not limited to, negligence) or otherwise arising out of or in any way connected with: (i) use of the services or materials, including, but not limited to, any damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any of the services or materials, (ii) any inability to use the services or materials for whatever reason, or (iii) any goods or services discussed, purchased or obtained, directly or indirectly, through any services, in each case even if the Kahpong providers are advised of the possibility of such damages. In no event shall the aggregate liability of the Kahpong providers arising out of or relating to the use of the services or materials exceed one hundred united states dollars.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you. In the same manner, some of the limitations and exclusions described above may not apply to you in case of damages arising from the violation of the GDPR.
You agree to hold harmless, defend and indemnify the Kahpong Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your use or misuse of any of the Services or Materials, including, without limitation, any actual or threatened suit, demand or claim made against any Kahpong Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of this Agreement; or (iii) any User Content that you store on or transmit through the Services. Kahpong may assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with Kahpong in such event.
The terms of this section 9 apply to any dispute, claim or controversy between you and Kahpong relating in any way to this agreement or your access to or use of the services, whether based in contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory (“Dispute”).
If you have a Dispute with Kahpong, you must send written notice describing the Dispute to Kahpong to allow Kahpong an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: Kahpong, Inc., Attn: Legal Department, 1409 Termas Drive, Las Vegas, NV 89117. If we have a Dispute with you, we will send written notice (email or text) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided.
If the Dispute is not resolved within 30 days from receipt of notice of the dispute, you or Kahpong may proceed to have the Dispute resolved through arbitration as each party’s exclusive dispute resolution process (except for the limited exceptions to arbitration set forth below). Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Notwithstanding the foregoing, you and Kahpong agree that (a) any dispute that may be brought in small claims court may be instituted in small claims court in Clark County, Nevada, instead of being resolved through arbitration, and (b) either party may seek injunctive relief in any court of competent jurisdiction to (i) enjoin infringement or violation of any data use restrictions contained in this agreement, or (ii) enjoin scraping, web crawling or unauthorized access to either party’s web site or services.
Any arbitration, if required, will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures, which are located at http://www.jamsadr.com/rules-streamlined-arbitration, and these rules will govern the payment of all filing, administration, and arbitrator fees, unless this Section 9 expressly provides otherwise. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Kahpong for all fees associated with the arbitration paid by Kahpong on your behalf, which you otherwise would be obligated to pay under the JAMS’s rules.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is USD $10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at any in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
You and Kahpong each waive all rights to conduct dispute resolution proceedings in a class action or consolidated action. You and Kahpong each agree that any dispute resolution proceedings will be conducted only on an individual basis, with the sole exception of representative suits that are permitted by, and deemed unwaivable under, state law. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
If any clause within this Section 9 (other than the class action waiver clause above) is determined to be illegal or unenforceable, that clause will be severed from this Section 9, and the remainder of this Section 9 will be given full effect. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section 9 will be void and unenforceable, and the Dispute will be decided by the courts of the state of Nevada, Clark County, or the United States District Court for the District of Nevada, as provided below in Section 11.4.
Each party agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this agreement or your use of the services or materials must be filed within one year after such claim or cause of action arose. Any claim not filed within the foregoing one-year period will be forever barred.
Kahpong may, as a convenience to its users, make links to third-party Web site or applications (“Third Party Applications”) available on or through the Services. In addition, subject to your authorization, certain Services may access your accounts for third-party services. Kahpong does not make any representation, warranty or guarantee regarding any Third Party Applications. Kahpong is not responsible or liable for: (i) the availability, functionality, or accuracy of such Third Party Applications; (ii) the information, content, products, or services on or available therefrom; or (iii) any damages or loss caused or alleged to be caused by or in connection with the use of or reliance on such Third Party Applications or the information, content, products, or services on or available therefrom. Access to such Third Party Applications does not imply any endorsement by Kahpong. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Applications, as well as all responsibility and risk related to any terms and conditions or other agreements which govern such Third Party Applications.
If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Kahpong reserves the right to revise this Agreement at any time by posting a revised Agreement on this Web site or otherwise making such revised Agreement available through the Services. If we make material revisions to this Agreement, we will use the date at the top of this Agreement to indicate the date it was last revised. The revised Agreement will be effective immediately upon its being posted on this Web site or being made available through the Services. Your use of the Services following the posting of any such revisions will constitute your acceptance of any such revisions. We encourage you to review this Agreement each time you use the Services to make sure that you understand the applicable terms. If you do not agree to all the terms and conditions in this Agreement, you must immediately terminate your use of the Services and Materials.
If we do not enforce a breach of this Agreement by you, that does not mean that we have waived our right to enforce this Agreement against you for any future breach by you.
You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Kahpong may assign this Agreement without consent. There are no third-party beneficiaries to this Agreement, other than as explicitly provided herein.
These Terms of Service are written in English (US), although we may provide translated versions at our discretion. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Kahpong operates the Services from its offices in Las Vegas, NV, USA, and Kahpong makes no representation that the Services are appropriate or available for use in other locations.
The Federal Arbitration Act, applicable Federal law, and the laws of the State of Nevada, without regard to principles of conflict of laws, will govern this agreement and any dispute that might arise between Kahpong and you.
You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in Clark County, Nevada, USA, for all disputes that may be brought in court under section 9. The venue for any claim that must be brought in an arbitration forum shall be as set forth in section 9.
In case of data protection matters where GDPR is applicable, the provisions of this Section 11.4 shall only apply to the extent allowed by the GDPR.
Kahpong may operate, individually or jointly, with third-party applications or Web site that incorporate the Services or Materials. In addition to the terms and conditions of this Agreement, your use of any third-party Web site, products, or services may be subject to separate terms and conditions of the third parties that make them available, but such third-party terms and conditions do not supersede or otherwise apply to your use of the Services. We encourage you to review applicable policies and agreements when you use any product or service, including this Web site.