Effective Date: 01/09/2015
Karkoona provides cloud-based communication technologies, which facilitate the communication between persons based on the license plates of their vehicles.
Registration to Karkoona is permitted to any person owning a vehicle that is identified though licence plates, provided that:
Vehicles registered in corporate accounts, must be the property of the company, and not the property of individual employees.
You must register to use Karkoona. When you register, you agree to:
You shall not:
Karkoona inter-user communication
Karkoona allows the communication between owners and/or operators of vehicles based on their respective vehicles' license plates. While much communication is achieved by prefab messages that have been cleared by us, you may still be able to post uncleared content in the future. This content may include pictures, photographs, text, audio etc. You are solely responsible for the features facilitating interaction with other users and use them at your own risk. By interacting with other users via Karkoona services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the service any of the following:
Messages exchanged between Karkoona users are not visible to other users. However, downvotes and upvotes as well as the badges related to those messages are.
We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the service at any time and for any reason without notice.
You acknowledge and agree that Karkoona may preserve any of your personal information, and other content and may also disclose said content if required to do so by law.
Certain types of accounts on Karkoona require the payment of subscription fees. These fees are non-refundable. Termination of service, either voluntary or enforced by us because of TOS violations before the subscription duration elapses, will not result in any refund of fees paid by the user.
Karkoona respects the intellectual property of others and will remove any content that violates the intellectual property rights of their legal owners. We insist that our users do not post any copyrighted content. If you believe that your intellectual property is being violated by content posted on Karkoona, please contact us at firstname.lastname@example.org. We will take any action we deem necessary.
Karkoona, the Karkoona logo, and any other product or service name or slogan contained on the service are trademarks or registered trademarks of Karkoona and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
You will defend, indemnify and hold harmless Karkoona, its subsidiaries, affiliates, partners and third-party entities and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the service, your violation of these Terms, or your violation of any rights of a third party.
Disclaimer of warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KARKOONA AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KARKOONA DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING KARKOONA THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of liability
NEITHER KARKOONA NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KARKOONA OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE MAXIMUM TOTAL LIABILITY OF KARKOONA AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Protection of human rights
You may not organize any group based on Karkoona content that advocates any anti-ethnic, anti-gay, anti-religious, sexist, racist or any other hate-mongering philosophies.
Modifications to the service
Karkoona reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the service without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the service.
Your account remains in effect unless you cancel it or unless Karkoona terminates your account as provided by these terms. To terminate your account, deactivate your account in your settings. Notwithstanding any provision of these terms, we reserve the right, without notice and in our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the service.
THESE RULES MAY BE REVISED AT ANY TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THEM OCCASIONALLY TO ENSURE THAT YOU ARE IN COMPLIANCE WITH THE RULES, POLICIES AND AGGREEMENTS DESIGNATED BY KARKOONA. YOU AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU GRANT PERMISSION TO ACCESS YOUR KARKOONA ACCOUNT. YOU AGREE THAT YOU WILL BE HELD PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (WHICH CAN INCLUDE ACCOUNT TERMINATION) WHICH MAY RESULT IF ANY SUCH PERSON BREAKS THE RULES DESCRIBED HEREIN.