Introduction
Kleek Communication Limited ("Kleek", "we", "us", "our") owns or controls and provides access to the Kleek service, website(s) and software application(s) (together the "Kleek Service"). By installing, accessing, registering for or using the Kleek Service, you acknowledge that you have read and understood these Terms of Use ("Terms") and our Privacy Policy (together the "Agreement") and agree to be bound by the terms and conditions of the Agreement. If you do not agree to (or cannot comply with) any of the terms or conditions of the Agreement, please do not install, access, register for or use the Kleek Service or any music, images, videos, terms-text or other material available on or through the Kleek Service ("Content").
Changes to the Terms and/or the Kleek Service
We reserve the right to make changes to these Terms and/or the Kleek Service at our sole discretion and at any time. Any changes to the Terms will be published on this page indicating the effective date of such revised Terms at the top of the page. Your continued use of the Kleek Service constitutes your acceptance of and agreement to the Terms.
Permitted Uses
The Kleek Service enables you to: (a) install and use the Kleek application software in accordance with its pre-defined functionality; and (b) listen to, view and/or read (as the case may be) Content in digital form solely for your personal, non-commercial entertainment use. The Content and the Kleek Service is owned by Kleek or third parties. Except as expressly set out in these Terms, no rights in or to the Kleek Service or Content are granted to you. You agree that you will not attempt to modify any software or Content obtained through the Kleek Service for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the Content. You agree that you will not, for any reason whatsoever, reverse engineer, decompile, disassemble, or otherwise temper with any security components, usage rules or other protection measures applicable to the Kleek Service or Content. You agree to abide by the rules and policies established from time to time by Kleek. Such rules and policies will be applied generally in a non-discriminatory manner to users of the Kleek Service and may include, for example, required or automated updates, modifications and/or reinstallations of the software and obtaining available patches to address security, interoperability and/or performance issues. You represent, warrant and agree that you are using the Kleek Service hereunder for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind. You agree not to copy, "rip", redistribute, broadcast, publicly perform or publicly display any Content, or otherwise transfer any Content obtained through the Kleek Service.
User Account
You need to register and create and account in order to use the Kleek Service. You agree that the information you provide on registration will at all times be true, accurate, complete and up-to-date. You also agree to accept responsibility for all activity occurring under your account and you agree that you will not sell, transfer or assign your account to anyone. It is your responsibility to keep your account and password details confidential and to restrict access to your device so that others are not accessing the Kleek Service or Content using your account.
Assignment
The Kleek software is owned by Kleek and Kleek retains ownership of all copies of the Kleek software applications even after installation on your device(s). Kleek may assign these Terms or any part of them at our sole discretion. You may not assign these Terms or any part of them, or transfer or sub-licence your rights under these Terms, to any third party.
Kleek Marks
All Kleek trademarks, service marks, trade names, logos, domain names, and any other features of the Kleek brand are the sole property of Kleek. These Terms do not grant you any rights to use the Kleek trademarks, service marks, trade names, logos, domain names, or any other features of the Kleek brand, whether for commercial or non-commercial use.
Warranty
The Kleek Service, Content and any other information, materials and products included on or otherwise made available to you through the Kleek Service are provided "as is" and "as available" without warranties of any kind from Kleek or any owners of Content. To the fullest extent permissible by applicable law, Kleek and all owners of Content disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kleek nor any owner of Content warrants that the Kleek Service, Content or any other information, materials and products included on or otherwise made available to you through the Kleek Service are free of viruses or other harmful components.
Limitation of Liability
You understand and agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any issues with the Kleek Service and Content is to uninstall any Kleek software and to stop using the Kleek Service. Neither Kleek nor any owner of Content will be liable for any incidental, punitive, special or consequential damages of any kind arising from the use of the Kleek Service, Content or any other information, materials and products included on or otherwise made available to you through the Kleek Service, or for any damages in excess of the amount paid for the specific item of Content giving rise to the applicable claim for damages. Notwithstanding the foregoing, these Terms do not exclude Kleek's liability for fraudulent misrepresentation, personal injury or death caused by Kleek's negligence - use only in English law is the governing law.
Indemnity
You agree to defend, indemnify and hold harmless Kleek, its respective directors, officers, agents, employees, shareholders and partners from and against all claims, liabilities, suits, losses, damages and expenses, including, without limitation, costs and reasonable fees of attorneys and other professionals (collectively, "Claims") relating to or resulting from these Terms including, without limitation: (a) your use of the Kleek Service or Content; and (b) your violation of the terms and conditions of these Terms. You agree to provide all cooperation and assistance required by Kleek in the defence of any Claim. Kleek reserves the right to settle and/or pay any Claims brought by a third party against Kleek hereunder and you agree not to take any legal action or respond to any third party Claim hereunder without Kleek's prior written consent.
Termination
These Terms will continue to apply to you until terminated by either you or Kleek. Kleek reserves the right, in its sole discretion, to terminate these Terms or suspend, restrict or deny you access to the Kleek Service or Content, including in the event of your actual or suspected unauthorised use of the Kleek Service or Content or non-compliance with these Terms, at any time without notice and without any liability to you.
No Third Party Beneficiaries
No term of these Terms is intended to be enforced by any third party (regardless of whether any term of these Terms may purport to confer, or may be construed as conferring, any benefit on such third party and irrespective of whether such third party is identified in these Terms).
Waiver of Rights
No failure or delay by Kleek in the exercise of any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any right or power hereunder shall operate as a waiver of such right or of any other right or power. The waiver by Kleek of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach hereunder.
Severability
The provisions of these Terms are severable, and the unenforceability of any provision of these Terms shall not affect the enforceability of the remainder of these Terms. You agree and acknowledge that it is your and Kleek's intention that if any provision of these Terms is determined by a court to be unenforceable as drafted, that provision should be construed in a manner designed to effectuate the purpose of that provision to the greatest extent possible under applicable law.
Governing Law and Jurisdiction
Unless otherwise required by a mandatory applicable law, these Terms are governed by the laws of England and Wales and you and Kleek agree that the Courts of England shall have the exclusive jurisdiction to resolve any dispute or claim arising out of these Terms.
Entire Agreement
These Terms represent the entire agreement and understanding between you and Kleek and supersede all prior or contemporaneous oral or written agreements or discussions by and between you and Kleek. You represent that you have not entered into these Terms in reliance upon a representation, warranty or undertaking made by Kleek that is not set out or referred to in these Terms.
