DESCRIPTION

The KiteDesk web application is a cloud desktop application to integrate Google AppsTM and other cloud resources. The KiteDesk application is owned and operated by KiteDesk, Inc. (“KiteDesk”). KiteDesk reserves the right to modify, suspend, or discontinue the KiteDesk web application and any related applications with or without notice at any time and without any liability to you.

LIMITED LICENSE

Your use of the KiteDesk web application constitutes a non-exclusive, non-transferable, revocable, limited license to access and use the KiteDesk web application pursuant to the Terms of Use listed herein. KiteDesk reserves the right to terminate this license at any time for any reason.

ACCEPTANCE OF TERMS

KiteDesk provides a limited license for you to use the KiteDesk web application subject to the following Terms of Use, which may be updated by KiteDesk from time to time without notice to you. By accessing and using the KiteDesk web application, you accept and agree to be bound by the terms and provisions of these Terms of Use. If you do not accept and abide by these Terms of Use, you may not use the KiteDesk web application. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  1. Your use of Kitedesk is at your sole risk. Kitedesk is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, KiteDesk and its partners expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
  2. KiteDesk and its partners do not warrant that (i) Kitedesk will meet your requirements, (ii) Kitedesk will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material obtained by you through Kitedesk will meet your expectations, and (iv) any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of Kitedesk is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material

PRIVATE USE

The KiteDesk web application is made available to you for your private use only. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this web application. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the KiteDesk web application. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the KiteDesk web application, and you are responsible for all activities that occur thereunder.

PROPER USE

You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the KiteDesk web application in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the KiteDesk web application to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by KiteDesk in its sole discretion; (ii) upload, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the KiteDesk web application; or (iv) use the KiteDesk web application for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of your account and may subject you to state and federal penalties and other legal consequences. KiteDesk reserves the right, but shall have no obligation, to investigate your use of the KiteDesk web application to determine whether a violation of the these Terms of Use has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

CONTENT

KiteDesk takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does KiteDesk have any obligation to monitor such third party content. KiteDesk reserves the right at all times to remove or refuse to distribute any content on the KiteDesk web application, such as content which violates these Terms of Use or is, in KiteDesk’ sole discretion, objectionable and/or profane or pornographic. KiteDesk also reserves the right to access, read, preserve, disclose, and/or delete any information or data it believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of KiteDesk, its users, and the public. KiteDesk is not responsible or liable for the exercise or non-exercise of its rights under these Terms of Use.

USER DATA

KiteDesk agrees that it has no rights to the data, documents, information, or material that you submit in the course of using the KiteDesk web application. You acknowledge and agree that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all data submitted, and you further agree that KiteDesk shall not be responsible or liable for the deletion, correction, modification, destruction, damage, loss, or failure to store any of your data, whether submitted by you, shared with others, or received from third parties. You agree to indemnify and hold KiteDesk harmless from any liability caused by your use and/or submission of data in violation of a third party’s claim to, permitted use of, or copyright or other rights of ownership claimed with respect to such data.

INTELLECTUAL PROPERTY RIGHTS

KiteDesk Intellectual Property Rights

You acknowledge that KiteDesk owns all right, title, and interest in and to the KiteDesk web application and all content therein, including without limitation all intellectual property rights and associated applications, and that such rights are protected by United States and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the KiteDesk web application or related applications or any content therein. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the KiteDesk web application or related applications. KiteDesks’ intellectual property rights specifically include, but are not limited to, all rights to (i) the KiteDesk web application developed and provided by KiteDesk; and (ii) all software associated with the KiteDesk web application and related applications.

Your Intellectual Property Rights

KiteDesk does not claim any ownership in any of the content that you upload, transmit, or store in your KiteDesk account. KiteDesk will not use any of your content for any purpose except in connection with the operation of the KiteDesk web application. However, you agree that KiteDesk has the right to make available such of your content as is necessary to other companies, organizations, or individuals with whom KiteDesk has relationships for the operation of the KiteDesk web application and related applications, such as Google™ and its affiliates, and to use such content in connection with the operation and improvement of the KiteDesk web application and related applications.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) all of the information provided by you to KiteDesk to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into the agreement of the TOS and to perform the acts required of you hereunder.

PRIVACY

As a condition to using the KiteDesk web application, you agree to the terms of the KiteDesk Privacy Policy as it may be updated from time to time. KiteDesk understands that privacy is important to you. You do, however, acknowledge and agree that KiteDesk may monitor, edit, or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the KiteDesk Privacy Policy, which can be found at http://www.kitedesk.com/privacy.

TERMINATION; CANCELLATION

You may cancel your use of the KiteDesk web application without cause at any time by following these directions. KiteDesk may at any time and for any reason terminate your access to the KiteDesk web application, terminate or modify these Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless KiteDesk has previously canceled or terminated your use of the KiteDesk web application (in which case subsequent notice by KiteDesk shall not be required), KiteDesk will notify you via email of any such termination or cancellation, which shall be effective immediately upon KiteDesks’ sending of such notice.

ADVERTISEMENTS

KiteDesk is supported in part by advertising revenue and may display advertisements and promotions throughout the KiteDesk web application. These advertisements may be targeted to the content of information stored on the KiteDesk web application, queries made through the KiteDesk web application, or other information submitted to the KiteDesk web application. The manner, mode, and extent of advertising by KiteDesk within the KiteDesk web application are subject to change without specific notice to you. In consideration for KiteDesk granting you access to and use of the KiteDesk web application, you agree that KiteDesk may place such advertising throughtout the KiteDesk web application.

AGE REQUIREMENTS FOR USE OF KiteDesk

KiteDesk is available for persons age 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to these terms and conditions.

INDEMNIFICATION

You agree to hold harmless and indemnify KiteDesk and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the KiteDesk web application and related applications, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and/or attorneys’ fees, of every kind and nature.

JURISDICTION AND VENUE

By your use of the KiteDesk web application, you agree to submit to the personal and exclusive jurisdiction of the courts located within Hillsborough County, Florida, USA.

Additional Terms of Use for KiteDesk Subscriptions (End User License Agreement)

The following terms and conditions apply to all KiteDesk subscription accounts.

  1. ACCEPTANCE OF KITEDESKS TERMS OF USE

    By using the full version of KiteDesk and/or submitting payment for an annual subscription, you agree to these Additional Terms
    that supplement the KiteDesk Terms of Use located above.

    KiteDesk reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by
    reference.

  2. DESCRIPTION OF FEATURES

    The full version of KiteDesk provides subscribers with all of the features of KiteDesk Lite, plus administration features for a full domain and integration with external cloud resources such as Dropbox, box.net and others. Additional functionality may be added at a later date.

  3. PAYMENT TERMS

    1. General Terms – If you are purchasing a KiteDesk subscription, you will be charged automatically and immediately by Google Checkout™ using the payment method you have selected. All currency references are in U.S. dollars.
    2. Payment for Subscription – Payment occurs on a pre-pay basis and you will be charged for the one year price upfront. For purchases made on the Google Apps Marketplace, subscriptions will automatically renew as specified at the time of initial checkout. For all other purchases, near the expiration of your annual subscription, you will be prompted to renew your KiteDesk subscription, at which time you may elect to continue your annual subscription. If you do not elect to renew your KiteDesk subscription, your account will automatically revert to a free KiteDesk Lite account upon the expiration of your KiteDesk subscription.
    3. Cancellation of Subscription – Please note, unless KiteDesk gives notice to the contrary, that payment for subscriptions is non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately, and you will not be given any refund.
    4. Termination – If your Google Checkout payment is invalid for any reason, your KiteDesk account will revert to a free KiteDesk Lite account; provided, however, that KiteDesk reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it may be deleted permanently. KiteDesk accepts no liability for information or content that is deleted due to an invalid Google Checkout payment.
  4. KITEDESKS’ RESERVATION OF RIGHTS

    KiteDesk expressly reserves the right to immediately modify, delete content from, suspend, or terminate your account and refuse current or future use of any KiteDesk version, including KiteDesk Lite, if KiteDesk, in its sole discretion, believes you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the Terms of Use or these Additional Terms. In such event, your KiteDesk account may be suspended or canceled immediately in KiteDesks’ sole discretion, all the information and content contained within it deleted permanently, and you will not be entitled to any refund of any of the amounts you have paid for such account. KiteDesk accepts no liability for information or content that is deleted.

Last updated August 3, 2011

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