Terms of Service

keenkong Terms of Service

Welcome to keenkong!  Before you begin using keenkong, you must read and agree to these Terms of Service (“Terms”) which gov­ern your access to and use of the keenkong web­site, www.keenkong.com (the “Website”) and Services (as fur­ther described in Services Description below) and any infor­ma­tion, text, graph­ics, data, pro­files, audio and video clips or other mate­ri­als uploaded, down­loaded or appear­ing on the Services (col­lec­tively referred to as “Content”). Your access to and use of the Services is con­di­tional on your accep­tance of and com­pli­ance with these Terms as well as our Privacy Policy [insert hyper­link] which gov­erns our use of your per­sonal information.

You may only use the Website and Services if you are 13 years of age or older.

You may use the Website and Services only in com­pli­ance with these Terms and all applic­a­ble local, provin­cial, national, and inter­na­tional laws, rules and regulations.

Services Description

keenkong is a web-based ser­vice that aggre­gates mes­sages addressed to you/your orga­ni­za­tion and makes under­stand­ing them effort­less. The main fea­tures of the Services let you:

• import your mes­sages from twit­ter, face­book and other social net­works into keenkong’s talk­board; and

• Create groups of mes­sages and reply to them using keenkong’s talkboard.

The form and nature of the ser­vices we pro­vide may change from time to time with­out prior notice to you. In addi­tion, we may stop pro­vid­ing access to or aspects of the Website and/or Services (or any fea­tures within the Services) to you or to users gen­er­ally and may not be able to pro­vide you with prior notice. We also retain the right to cre­ate lim­its on use and stor­age at our sole dis­cre­tion at any time with­out prior notice to you.

You are respon­si­ble for your use of the Services includ­ing any con­tent you post through the Services. The Content you sub­mit, post, or dis­play through keenkong will be viewed by users of the social media sites you have posted to and may there­fore also be viewed through third party ser­vices and web­sites. You should only pro­vide Content that you are com­fort­able shar­ing with oth­ers under these Terms.

Passwords

You are respon­si­ble for safe­guard­ing the pass­word that you use to access the Website and Services and you are respon­si­ble for any activ­i­ties or actions under your pass­word. You agree to keep your pass­word secure.  keenkong can­not, and will not, be liable for any loss or dam­age aris­ing from your fail­ure to com­ply with these requirements.

Content on the Services

All Content, whether pub­licly posted or pri­vately trans­mit­ted, is the sole respon­si­bil­ity of the orig­i­na­tor. We may not mon­i­tor or con­trol the Content posted through the Services and we can­not take any respon­si­bil­ity for such Content. Any use or reliance on any Content or mate­ri­als posted via the Services or obtained by you through the Services is at your own risk.

We do not rep­re­sent or guar­an­tee the com­plete­ness, truth­ful­ness, accu­racy, or reli­a­bil­ity of any Content or com­mu­ni­ca­tions or trans­mit­ted or aggre­gated via the Services. You under­stand that by using the Services, you may be exposed to Content from your audi­ence that might be offen­sive, harm­ful, inac­cu­rate or oth­er­wise inap­pro­pri­ate, or in some cases, post­ings that have been mis­la­beled or are oth­er­wise decep­tive. Under no cir­cum­stances will keenkong be liable in any way for any Content, includ­ing, but not lim­ited to, any errors or omis­sions in any Content, or any loss or dam­age of any kind incurred as a result of the use of any Content posted, emailed, trans­mit­ted or oth­er­wise made avail­able via the Services.

Your Rights

By sub­mit­ting, post­ing or dis­play­ing Content on or through the Services (includ­ing via the talk­board), you grant us a world­wide, non-exclusive, royalty-free license (with the right to sub­li­cense) to use, copy, repro­duce, process, adapt, mod­ify, pub­lish, trans­mit, dis­play and dis­trib­ute such Content in any and all media or dis­tri­b­u­tion meth­ods (now known or later developed).

You acknowl­edge and agree that we may mod­ify or adapt your Content in order to trans­mit, dis­play or dis­trib­ute it over com­puter net­works and in var­i­ous media and/or make changes to your Content as are nec­es­sary to con­form and adapt that Content to any require­ments or lim­i­ta­tions of any net­works, devices, ser­vices or media.

You are respon­si­ble for your use of the Services, for any Content you pro­vide, and for any related con­se­quences, includ­ing the use of your Content by third par­ties.  Keenkong will not be respon­si­ble or liable for any use of your Content by keenkong in accor­dance with these Terms. You rep­re­sent and war­rant that you have all the rights, power and author­ity nec­es­sary to grant the rights granted herein to any Content that you submit.

Keenkong gives basic users (ie reg­is­tered users who have not sub­scribed for pre­mium ser­vices) a per­sonal, world­wide, non-assignable and non-exclusive license to use the soft­ware that is pro­vided by us as part of the Services. This license is for the sole pur­pose of enabling you to use and enjoy the ben­e­fit of the Services as pro­vided by keenkong, in the man­ner per­mit­ted by these Terms.

Keenkong Rights

All right, title, and inter­est in and to the Services (exclud­ing Content pro­vided by users) are and will remain the exclu­sive prop­erty of keenkong and its licen­sors. The Services are pro­tected by copy­right, trade­mark, and other laws of both Canada and for­eign coun­tries. Nothing in the Terms gives you a right to use the keenkong name or any of the keenkong trade­marks, logos, domain names, and other dis­tinc­tive brand fea­tures. Any feed­back, com­ments, or sug­ges­tions you may pro­vide regard­ing keenkong, or the Services is entirely vol­un­tary and we will be free to use such feed­back, com­ments or sug­ges­tions as we see fit and with­out any oblig­a­tion to you.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an oblig­a­tion) to remove or refuse to dis­trib­ute any Content on the Services and to ter­mi­nate users or reclaim user­names. We also reserve the right to access, read, pre­serve, and dis­close any infor­ma­tion as we rea­son­ably believe is nec­es­sary to (i) sat­isfy any applic­a­ble law, reg­u­la­tion, legal process or gov­ern­men­tal request, (ii) enforce the Terms, includ­ing inves­ti­ga­tion of poten­tial vio­la­tions hereof, (iii) detect, pre­vent, or oth­er­wise address fraud, secu­rity or tech­ni­cal issues, (iv) respond to user sup­port requests, or (v) pro­tect the rights, prop­erty or safety of keenkong, its users and the public.

You may not do any of the fol­low­ing while access­ing or using the Services:

(i)              Harass, intim­i­date, threaten or imper­son­ate other per­sons through use of the Services (eg. by post­ing intim­i­dat­ing mes­sages for trans­mis­sion by the Services to social media sites and their users)

(ii)            Contravene any applic­a­ble laws relat­ing to accept­able online con­duct, behav­ior and con­tent usage;

(iii)           Engage in any ille­gal, offen­sive or unau­tho­rized con­duct including:

1. access­ing, tam­per­ing with, or using non-public areas of the Services, keenkong’s com­puter sys­tems, or the tech­ni­cal deliv­ery sys­tems of keenkong’s providers;
2. prob­ing, scan­ning, or test­ing the vul­ner­a­bil­ity of any sys­tem or net­work or breach­ing or cir­cum­vent­ing any secu­rity or authen­ti­ca­tion measures;
3. inter­fer­ing with, or dis­rupt­ing, (or attempt­ing to inter­fere or dis­rupt), the access of any user, host or net­work, includ­ing, with­out lim­i­ta­tion, send­ing a virus, over­load­ing, flood­ing, spam­ming or mail-bombing the Services.

You agree to indem­nify keenkong for any and all claims, dam­ages, losses and expenses (includ­ing rea­son­able legal fees) relat­ing to any acts by you, includ­ing but not lim­ited to any Content sub­mit­ted by you, in con­nec­tion with using the Service, result­ing in claims against us by third parties.

We reserve the right to remove Content alleged to be infring­ing with­out prior notice and at our sole discretion.

Premium Users & Purchased Services

Keenkong makes cer­tain addi­tional func­tion­al­ity and ser­vices avail­able to pre­mium users pur­suant to a sub­scrip­tion agree­ment and its rel­e­vant order forms dur­ing a sub­scrip­tion term.  Premium users must com­ply with these Terms and any addi­tional terms of use set out in such documentation.

The Services are Provided “AS-IS”

Your access to and use of the Website and Services is at your own risk.

You under­stand and agree that the Services are pro­vided to you on an “AS IS” and “AS AVAILABLE” basis. Without lim­it­ing the fore­go­ing, KEENKONG AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no war­ranty and dis­claim all respon­si­bil­ity and lia­bil­ity for the com­plete­ness, accu­racy, avail­abil­ity, time­li­ness, secu­rity or reli­a­bil­ity of the Services or any con­tent thereon. Keenkong will not be respon­si­ble or liable for any harm to your com­puter sys­tem, loss of data, or other harm that results from your access to or use of the Website, Services, or any Content. You also agree that keenkong has no respon­si­bil­ity or lia­bil­ity for the dele­tion of, or the fail­ure to store or to trans­mit, any Content and other com­mu­ni­ca­tions main­tained by the Website and Services. We make no war­ranty that the Website or Services will meet your require­ments or be avail­able on an unin­ter­rupted, secure, or error-free basis. No advice or infor­ma­tion, whether oral or writ­ten, obtained from keenkong or through the Website or Services, will cre­ate any war­ranty not expressly made herein.

Links

The Website and Services may con­tain links to third-party web­sites or resources. You acknowl­edge and agree that we are not respon­si­ble or liable for: (i) the avail­abil­ity or accu­racy of such web­sites or resources; or (ii) the con­tent, prod­ucts, or ser­vices on or avail­able from such web­sites or resources. Links to such web­sites or resources do not imply any endorse­ment by keenkong of such web­sites or resources or the con­tent, prod­ucts, or ser­vices avail­able from such web­sites or resources. You acknowl­edge sole respon­si­bil­ity for and assume all risk aris­ing from your use of any such web­sites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KEENKONG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KEENKONG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

Some juris­dic­tions do not allow the exclu­sion of cer­tain war­ranties or the exclu­sion or lim­i­ta­tion of lia­bil­ity for con­se­quen­tial or inci­den­tal dam­ages, so the lim­i­ta­tions above may not apply to you.

Waiver and Severability

The fail­ure of keenkong to enforce any right or pro­vi­sion of these Terms will not be deemed a waiver of such right or pro­vi­sion. In the event that any pro­vi­sion of these Terms is held to be invalid or unen­force­able, the remain­ing pro­vi­sions of these Terms will remain in full force and effect.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be gov­erned by the laws of the province of Ontario with­out regard to or appli­ca­tion of its con­flict of law pro­vi­sions or your province or coun­try of res­i­dence. All claims, legal pro­ceed­ings or lit­i­ga­tion aris­ing in con­nec­tion with the Services will be brought solely in Ontario, Canada, and you con­sent to the juris­dic­tion of and venue in such courts and waive any objec­tion as to incon­ve­nient forum.

Entire Agreement

If you are a basic user, then these Terms and our Privacy Policy are the entire and exclu­sive agree­ment between keenkong and you regard­ing the Website and Services.  If you are a pre­mium user, then your use of the Website and Services may also be gov­erned by any addi­tional com­mer­cial terms of use under a sep­a­rate agree­ment with keenkong (that is explic­itly in addi­tion to or in place of these Terms), and these Terms super­sede and replace any prior agree­ments between keenkong and you regard­ing the Website and Services.

We may revise these Terms from time to time, the most cur­rent ver­sion will always be at keenkong.com/tos. If the revi­sion, in our sole dis­cre­tion, is mate­r­ial we will notify you via an update or e-mail to the email asso­ci­ated with your account. By con­tin­u­ing to access or use the Website and Services after those revi­sions become effec­tive, you agree to be bound by the revised Terms.

This Website and the Services are oper­ated and pro­vided by keenkong Inc, 645 Wellington suite 300F, Montréal, Quebec H3C1T2, Canada

If you have any ques­tions about these Terms, please con­tact us at: we@keenkong.com.

Effective Date: Dec 1, 2009