Terms and Conditions

TERMS AND CONDITIONS

1. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. YOUR DOWNLOADING, INSTALLATION AND USE OF APP IS SUBJECT TO THE TERMS WHICH MAKES A LEGALLY VALID CONTRACT BETWEEN YOU AND COMPANY. IF YOU DO NOT AGREE TO ANY PROVISION OF THE TERMS, YOU CANNOT DOWNLOAD, INSTALL AND USE APP. YOUR FAILURE TO READ THE TERMS CANNOT EXCUSE YOU FROM THE OBLIGATIONS ARISING FROM THE TERMS.

2. DEFINITION:

2.1 “KIS and Associated Services” refer to all features and functions of our app named “Keep It Simple (KIS)”.

2.2 “We”, “our”, “us”, and “Buxton Technology” refer to Buxton Technology Enterprises Inc. established under the laws of British Virgin Islands (BVI).

2.3 “You”, “your” and “KISer” refer to the user accessing, downloading, installing, subscribing and using KIS and Associated Services.

2.4 “Prohibited Content” means any User Content that is:

i. Indecent, inaccurate, unsafe, objectionable, unlawful, defamatory, libelous, obscene, hateful, threatening, harassing, racially or ethnically offensive;

ii. Considered to promote criminal activities, violate any law or rights, or is inappropriate in any manner;

iii. In the infringement of copyrights, trade secrets, proprietary rights, privacy rights;

iv. False, malignant or potentially harmful to the interests of Buxton Technology Enterprises Inc., third party or public at large;

v. Misrepresentation; and

vi. Any malignant programs and component including, without limitation, viruses, Trojan horses, worms, other harmful files, computer code, agents and scripts.

3. USER QUALIFICATION:

3.1 The Services are not intended to be used by minors. You hereby warrant and represent that you:

i. Are more than sixteen (16) years of age;

ii. Have obtained the consent of your parent or legal guardian if you are below sixteen (16) years of age;

iii. Are competent to enter into a legally valid agreement;

iv. Are not current citizen of a country embargoed by US Government; and

v. Are not designated to be a restricted person or entity by USA Government.

4. GRANT OF LICENSE:
4.1 Subject to your compliance with the Terms, we hereby grant you a non-exclusive, revocable, non-transferable, limited right to download, install and use KIS and Associated Services on a single or several mobile phone device(s) you own, possess and control for your personal use. You can access and use KIS and Associated Services strictly in compliance with the Terms and any service agreement relating to the mobile phone device(s) or the operating program.

5. UNAUTHORIZED USE:

5.1 You represent and warrant that you shall not (i) sublicense, sell or resell, transfer, assign, distribute or otherwise commercially exploit in any manner or make available KIS and Associated Services to any third party; (ii) modify, alter or change or make derivative works based upon KIS or Associated Services; (iii) reverse engineer or access KIS and Associated Services in order to (a) develop a competitive product, (b) develop a product based on similar ideas, concepts, functions, features, or graphics of KIS and Associated Services, or (c) copy any ideas, concept, functions, features, text, or graphics of KIS and Associated Services, or (iv) launch and introduce an automated program or script, including, without limitation, web spiders, web robots, web crawlers, web indexers, web ants, bots, worms or viruses, or any program making multiple server requests per second, or unduly burdens, hinders or slows down the operation and performance of KIS and Associated Services.

5.2 Unless otherwise provided herein, we allow the operators of public search engines to copy materials through spider from our website for the purpose of making available searchable indices of the materials. No public search engine can use the material for caches or archives. We may revoke the foregoing exceptions generally or specifically. We allow the use of sniffers including Ethereal, tcpdump or HTTPWatch, provided that no effort is made to reverse-engineer our system and protocols.

5.3 You must obtain our prior permission for measuring, health checking, testing, or otherwise monitoring any servers, network equipment or material hosted on our domain.

5.4 You must not collect any personal information, including phone number, from KIS and Associated Service and use KIS and Associated Services for the purpose of commercial solicitation or spam.

5.5 You are not allowed to spam, or solicit any KISer for commercial purposes.

6. PRIVACY POLICY:

6.1 We will need your mobile phone number and certain other information for the subscription of KIS and Associated Services. You must provide us with current and correct mobile phone number in your use and other information. You acknowledge and give consent to our act of accessing your contact book to know and keep track of numbers using KIS and Associated Services in your contact book to optimize your user experience. We also collect other information about you. You are strongly advised to consult our Privacy Policy for further details.

7. INTELLECTUAL PROPERTY RIGHTS:

7.1 You acknowledge and agree that KIS and Associated Services and logos, trademarks, service marks, apps, programs, texts, images, graphics, scripts, iCons, featured iCons, emojis, all interactive features, source code, object code, directories, structure, algorithms, all copyrights, patents, and all kind of intellectual property rights associated therewith are, and shall be, the sole ownership of Buxton Technology Enterprises Inc. under the United States law, any foreign laws and international conventions to which the United States is a signatory.

7.2 Unless otherwise expressly stated in the Terms, you are not granted any intellectual property rights in or to KIS and Associated Services by implication, estoppel or any other legal theory. All rights in and to KIS and Associated Services not expressly granted in the Terms are hereby reserved by Buxton Technology Enterprises Inc.

7.3 KIS and Associated Services may include or utilize or associate with third party software, tools, website or platform which may be subject to third party terms and conditions ("Third Party Source"). You acknowledge and agree that your use of such Third Party Source as a part of KIS and Associated Services is subject to such third party terms and conditions, including, without limitation, license terms, disclaimer or acknowledgements (“Third Party License”). If any conflict emerges between the Terms and the Third Party License, the later will prevail unless it materially affects our interests.

7.4 You are not authorized to use our trademarks and logo in any publicity or advertisement or in any other commercial activity without our prior written approval, which we may withhold for any or no reason.

8. DMC NOTICE:

8.1 If you have reason to believe that any material available on KIS and Associated Services such as, without limitation, User Content infringes your or some other person’s rights, you may send us a written notice as prescribed by Section 512(c) (3) of the Digital Millennium Copyright Act (“DMCA”) requesting that such material be removed from KIS and Associated Services, or be blocked in a way denying access thereto. The notice should include the following information:

(i) A physical or electronic signature of the person serving the notice (“Complainant”);

(ii) Specification of the work alleged to be infringed on our end (“Disputed Work”);

(iii) Location of existence of the Disputed Work on your end so that our team can check the similarity;

(iv) Name, address, phone number and email address of the Complainant;

(v) The statement from the Complainant describing why he/she/it believes that he/she/it has proprietary rights to the Disputed Work, and why he/she/it has reason to believe that his/her/its rights have been infringed;

(vi) A statement under the penalty of perjury from the Complainant that the information provided in the notice is true to the best of Complainant’s knowledge.

8.2 If any point is missing in a notice, then such notice will not be reviewed by our team. If we find your claim to the Disputed Work is baseless, then we will not comply with your request and may respond with a counter-notice under DMCA. However, we will surely submit to your request if we have sufficient cause suggesting your legitimacy of ownership to that effect.

8.3 All notices pertaining to copyright infringement must comply with the criteria provided in the DMCA. For further detail, please visit http://www.loc.gov/copyright.

9. USER CONTENT:

9.1 Following content constitutes to be “User Content” for the purpose of your use of KIS and Associated Services:

i. Communication consisting of messages, photos, text, files, iCons, location data and any other data that you send directly to the other user or group (“Direct Communication”); and

ii. iCons created by users (“ Your iCons”).

9. Direct Communication can be visible to specific KISer or group of KISers only. You are solely responsible for any liability arising from your Direct Communication. You can upload your iCons to iCon Wall to share them to the other KISers.

9.3 You represent and warrant that you have ownership, license, rights, permission, consent to use and authorize us to use the User Content you submit with reference to KIS and Associated Services, and that no part of the User Content is in the infringement of any third party rights. We make no guarantees as to the accuracy, validity or legality of any part of the User Content. You acknowledge and agree to own all liabilities, including, without limitation, criminal and civil liabilities, arising from the User Content you submit.

9.4 Your act of submitting the User Content to KIS and Associated Services shall be deemed that you hereby grant us a non-revocable, non-exclusive, global, royalty-free, transferable and sub-licensable license to use, distribute, reproduce, display, prepare derivative works of, and use with reference to KIS and Associated Services and our business in any manner or media we, at our sole discretion, deem fit.

9.5 You acknowledge and agree that we own no liability arising from your exposure to User Content that is defined to be “Prohibited Content”.

9.6 The User Content is the responsibility of the user of KIS and Associated Services and you waive any rights or remedies you have or may have under any law or any theory of law against us in connection with KIS and Associated Services.

9.7 To the fullest extent permitted by the law, you represent and warrant that you agree to indemnify and hold us, our directors, officers, staff, agents, licensors, affiliates, partners, assigns and contractors harmless from any liability, losses, damages, injuries resulting from the User Content, your exposure to the User Content or Prohibited Content and your use of KIS and Associated Services.

9.8 You acknowledge and agree that your User Content will not include, wholly or partly, Prohibited Content.

10. THIRD PARTY CONTENT:

10.1 KIS and Associated Services may contain content, link, material, text, images, and program developed and introduced by any third party (“Third Party Content”). We own no liability arising from such content as we have no arrangements to monitor, censor, edit or modify such Third Party Content. You are strongly recommended to determine any potential consequences arising from using such Third Party Content prior to using thereof.

10.2 We own no liability arising from the featured iCons, third party advertising content, URL, text, videos (“Advertising Content”). You are strongly advised to determine the consequences of Advertisement Content before using it.

11. CODE OF CONDUCT:

11.1 You are responsible to observe the following code of conduct while using KIS and Associated Services.

11.2 You are not allowed to:

a. Engage in illegal activities or activities that harm, exploit or threaten children;

b. Send spam;

c. Display or use KIS and Associated Services to share Prohibited Content

d. Engage in false, fraudulent or misleading activities;

e. Employ any measure circumventing any restrictions on access to KIS and Associated Services;

f. Commit any act that is harmful to you, KIS and Associated Services, or any other person or infringes the rights of any person or entity;

h. Violate privacy of others; and

i. Abet any person or entity in violating any provision of the Terms.

12. SCOPE OF LIABILITY:

12.1 UNLESS OTHERWISE PROVIDED HEREIN OR TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO CASE SHALL WE, OUR OFFICERS, DIRECTORS, STAFF, CONTRACTORS, AGENT OR AFFILIATES (“BUXTON PARTIES”), BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES, DAMAGES WHATSOEVER CAUSED BY ANY:

A. MISTAKES, ERRORS, OMISSION OR INACCURACIES OF CONTENT;

B. KIND OF PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO AND USE KIS AND ASSOCIATED SERVICES;

C. UNAUTHORIZED ACCESS TO OR USE OF KIS AND ASSOCIATED SERVICES OR OUR SECURE SERVERS OR STORAGE;

D. SUSPENSION, INTERRUPTION, DELAY OR CESSATION OF KIS AND ASSOCIATED SERVICES;

E. PROHIBITED CONTENT OR MALIGNANT CONTENT;

F. KIND OF LOSS OR DAMAGE CAUSED BY YOUR USE OF ANY CONTENT YOU VIEW, RECEIVE, POST OR AVAILABLE IN ANY MANNER ON KIS AND ASSOCIATED SERVICES;

G. DISCLOSURE OF INFORMATION IN COMPLIANCE WITH THE TERMS; AND

H. ADVERTISING CONTENT USED IN YOUR ICONS.

YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER CONTENT, ADVERTISING CONTENT, PROHIBITED CONTENT, OR ILLEGAL ACT OF ANY THIRD PARTY.

12.2 Buxton Technology Enterprises Inc. controls and offers KIS and Associated Services from its facilities situated in Europe and makes no representations that KIS and Associated Service is available, appropriate or legal to use in other jurisdiction. The users using or accessing KIS and Associated Services from other jurisdictions are responsible for ensuring that their use is in compliance with the laws of their respective jurisdictions.

12.3 If you are using or accessing KIS and Associated Services from any territory or region not subject to the laws of California, USA, please be advised that your continued use of KIS and Associated Services, you are transferring your personal information to Europe, and that you expressly consent to such transfer of the data and such consent shall be governed by the laws of California, USA and Terms.

12.4 We reserve the right to discontinue any or all features of KIS and Associated Services at any time without any prior notice at our sole discretion.

13. DISCLAIMER:

13.1 UNLESS OTHERWISE PROVIDED HERIEN AND TO THE PERMISSIBLE EXTENT OF APPLICABLE LAW, BUXTON PARTIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REFERENCE TO KIS AND ASSOCIATED SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT KIS AND ASSOCIATED SERVICES ARE ACCURATE, COMPLETE, SUITABLE, WITHOUT ANY ERROR OR OMISSION.

13.2 WE OWN NO LIABILITY FOR ANY:

A. MISTAKES, ERRORS, OMISSION OR INACCURACIES OF CONTENT;

B. KIND OF PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR ACCESS TO AND USE OF KIS AND ASSOCIATED SERVICES;

C. UNAUTHORIZED ACCESS TO OR USE OF KIS AND ASSOCIATED SERVICES OR OUR SECURE SERVERS OR STORAGE;

D. SUSPENSION, INTERRUPTION, DELAY OR CESSATION OF KIS AND ASSOCIATED SERVICES;

E. PROHIBITED USER CONTENT OR MALIGNANT CONTENT;

F. KIND OF LOSS OR DAMAGE CAUSED BY YOUR USE OF ANY CONTENT YOU VIEW, RECEIVE, POST OR AVAILABLE ON KIS AND ASSOCIATED SERVICES;

G. DISCLOSURE OF INFORMATION IN COMPLIANCE WITH THE TERMS; AND

H. ADVERTISING CONTENT USED IN YOUR ICONS.

13.3 WE DON’T WARRANT, GUARANTEE, ENDORSE OR OWN ANY LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY ANY THIRD PARTY USING KIS AND ASSOCIATED SERVICES IN ANY MANNER.

14. INDEMNIFICATION:

14.1 You agree to defend, indemnify and hold harmless Buxton Enterprises Inc. Parties harmless against and from any and all claims, damages, liabilities, losses, expenses, costs, and debt (including, without limitation, a reasonable attorney's fees) with reference to: (i) your use of KIS and Associated Services or your User Content; (ii) Prohibited Content; (iii) your breach of any provision of the Terms; or (iv) your infringement of any third party right. The foregoing provision of will survive the termination of the Terms.

15. ENFORCEMENT:

15.1 Your breach of any provision of the Terms may cause the termination of your account of KIS and Associated Services. We may also take appropriate legal action or lodge any complaint against you as the applicable law requires.

16. GOVERNING LAW:

16.1 The Terms shall be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts of law principles. Any disputes arising from these Terms shall be determined by the court having competent jurisdiction over the city where we have our principal business seat. The Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and the application of which is expressly excluded.

17. SEVERABILITY:

17.1 If any provision of the Terms is held to be invalid, illegal, void, inapplicable or unenforceable, the remainder provisions of the Terms, or the application of such provision to persons other than those to whom it is held invalid, illegal, void, inapplicable or unenforceable shall not be affected and each remaining provision of the Terms shall be valid, legal, void, applicable and enforceable to the fullest extent permitted by the applicable law.

18. NO WAIVER:

18.1 Except as provided herein, the failure to exercise a right or require performance of an obligation under the Terms shall not affect our ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.

19. MODIFICATION AND AMENDMENT:

19.1 We may modify or amend any provision of the Terms by replacing this version of the Terms with the modified or amended version of the Terms. You will be deemed to have given your consent to any such modification or amendment by your decision to continue using KIS and Associated Services following the date on which the modified or amended version of the Terms is made effective unless the modification or amendment materially affects your interests.

20. SURVIVABILITY:

20.1 The sections of the Terms that by their express language or by their context are intended to survive the termination of the Terms shall survive accordingly.

21. ASSIGNMENT:

21.1 Unless otherwise provided herein, you shall not assign or any rights or obligations herein without our prior written consent, and any attempted assignment in contravention of this provision shall have no force or effect.

22. ENTIRETY OF AGREEMENT:

22.1 Unless otherwise expressly provided herein, the Terms constitute the entire agreement with respect to your use of KIS and Associated Services superseding all prior or contemporaneous understandings relating to the subject matter.

23. FORCE MAJEURE:

23.1 We own no liability for our failure to perform any provision of the Terms caused by (a) an event of Force Majeure; (b) an event occurrence of which is beyond our reasonable control; and (c) the orders of the court, any other legitimate authorities.

24. CONTRADICTION:

24.1 No provision of the Terms means to contradict any law for the time being in force in the United States. Any provision found to be contrary to such law shall be severed from the Terms without affecting the validity of the remainder provision of the Terms.

25. HEADING AND NUMBERS:

25.1 Headings and numbers used herein are for the purpose of the reference and convenience of the users. No heading or number used herein is intended to interpret or add the meaning of any provision of the Terms.

26. SERVICE OF NOTICE:

26.1 Any communication or service of notice with reference to the Terms shall be made at:

Buxton Technology Enterprises Inc.

Address: OMC Chambers, Wickhams Cay 1, Road Town, Tortola, British Virgin Islands.

Email: legal@keepitsimpleapp.com