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.
ACCEPTANCE OF TERMS
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- 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.
- 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.
- 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
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.
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.
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.
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.
The following terms and conditions apply to all KiteDesk subscription accounts.
By using the full version of KiteDesk and/or submitting payment for an annual subscription, you agree to these Additional Terms
KiteDesk reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by
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.
- 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.
- 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.
- 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.
- 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.
KITEDESKS’ RESERVATION OF RIGHTS
Last updated August 3, 2011
KiteDesk, Inc. is not affiliated with Google™