This Keekaw user agreement i.e., terms of use shall be legally bound to users and visitors of website https://keekaw.com/ along with its application, while availing the services, provided by “Frolicbit Technologies Private Limited” (“Keekaw”, “Company”, “Platform”, “we”, “us” or “our”)
Our platform is a social universe for gamers, streamers, entertainers, etc. (“you”, “your”), though there is a need to follow proper disciplines and avoid illegal activities. By visiting or using our services you agree to accept, acknowledge and bound by these terms and conditions.
1. Availing Services
No person other than that of above 13 age is allowed to use our services. Some services may require older/ adults to avail, please note the terms properly. While you use our services, you acknowledge that
i. You are 13 years or older as per the relevant laws of respective countries.
ii. You are legally enforceable to contract, if younger, your legal guardian has viewed and accepted these terms.
iii. You are not prohibited from using any such services
iv. You have not been suspended or removed from such services.
v. In case you are an agent, you are accepting these terms on behalf of your legal entity or legal authority.
2. Services we provide
i. We provide an online platform which acts to be a gamers social universe. It’s an exclusive social media for gamers community.
ii. It may contain a marketplace for gaming services, gaming products, etc.
iii. Such gamers or account holders can connect with each other, businesses, groups, etc. present on our platform.
iv. You can express yourself and communicate with others privately or publicly on the click of settings.
v. You can discover any new content, products or services that you must be interested in
vi. Along, promote safety, security, peace and harmony amongst the platform and community
vii. You are solely responsible for the data associated with your account and any activity related to account, you must maintain security of account and immediately report if any suspicious activity found.
3. Your data
i. Our services may contain some data like audio-visuals, text, images, links, or other materials, (“data”), this may include data submitted or released by you by yourselves or agent. We do not undertake to support, share, guarantee, the reliability, authenticity, legality of such data.
ii. By publishing your data you represent and warrant that, you have all rights and authorities to your data, within purview of these terms, you are solely responsible and liable for your data.
iii. You are the owner of data but grant us a non-exclusive, royalty- free, transferable rights to use or store your data. This right includes right to syndicate, transfer, publish data or remove, waive any claims or rights related to this data.
iv. Your feedbacks and suggestions can be utilized without any obligation or compensation to you.
v. We may delete or remove your data for any reasons as we deem fit.
4. Platform access
By registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Keekaw (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not access our platform or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing/deleting your account and no longer accessing or using our Services.
In order to access Our Services of any kind, You shall be compulsorily required to register Yourself with Our Site/s, and maintain an account with Our Site/s (“User Account”). With respect to the User Account, the following may be noted:-
i) Registration under the platform is free of charge. We reserve exclusive rights to use the information provided by the User for all kinds of purpose including but not limited to promotional information and offers, marketing, advertisement, user preferences, data collection, etc.
ii) You hereby agree that You shall be responsible for maintaining the security and confidentiality of Your User Account.
iii) A User account entitles the person using the account exclusive title and ownership over it. User can’t delegate his account and its credentials to any other person and would be liable for all the activities performed via the use of his/her account.
iv) If there is any unauthorized use/access to Your User Account, You shall inform Us immediately and in no event later than 48 hours from the time when You became aware of such unauthorized use/access at Our Help Centre/helpline number or email mentioned in the Contact Us section of this platform. We shall not be liable for any loss/damage arising from Your failure to comply with this clause.
v) You agree to:
a. use a strong password and keep it confidential;
b. not transfer any part of your account (e.g., connections). You are responsible for anything that happens through your account unless you close it or report misuse.
vi) As between you and others (including your employer), your account belongs to you. However, if the Services were made available by another party for you to use, the party rendering such Service has the right to control access to and get reports on your use of such Service; however, they do not have rights to your personal account.
vii) You agree that if You provide any information which is false, incomplete or not updated or if We have reasonable ground to suspect that information provided by You is false, incomplete or not updated, or is not in accordance with the Terms and Conditions, We shall have a right to suspend, terminate or restrict Your access to Our Platform. The period of suspension, termination or restriction shall be determined by Us, at Our sole discretion.
viii) Upon registration on Our Platform, We may contact You through registered mobile number or e-mail provided by You to enable effective execution of Services. The User expressly permits Us to contact him/her through the above mentioned means at any time post registration. Further, the Academy shall have the right to monitor the downloads and screenshots (if allowed) and usage of the Site and the contents thereof by the User, to analyze such usage to enable effective and efficient utilization of the Services.
ix) You acknowledge that Your ability to use/access Our Platform is dependent upon external factors such as internet service providers and internet network availability. We cannot guarantee uninterrupted accessibility to the Site and/or Services at all times. We shall not be liable to You for any damages, losses or costs arising from Your inability to log into Your User Account and access Our Services at any time due to any wrong/mistake on your part or the device you’re using.
5. Third party Content
Our services may contain links to third party websites or products. Such third-party data is not under our control and we are not responsible for any of third party activities. You should at your sole discretion make reasonable investigation of such third party. our services may contain third- party sponsors or promotions which may be displayed on our website including your data, if you choose to avail such services you may avail at your own risk and liability.
Company will not be responsible for any third-party acts, promotions, services, products, or similar activities. Company reserves right to delete some activities of yours and display, distribute, perform, copies of such activities. With respect to live- streaming and audio-visual works, rights granted can be terminated once deleted.
6. Paid Services
If you buy any of Our paid Services, you agree to pay us the applicable fees and taxes and agree to additional terms specific to the paid Services. Failure to pay the fees will result in the termination of your paid Services. Also, you agree that:
a. We may store and continue billing your payment method (e.g. credit card, debit card, online payment etc.) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
b. If you purchase a paid service, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
c. All of your purchases of Services are subject to Keekaw’s refund policy.
d. We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
7. Use of Keekaw Content
You may retrieve and display Keekaw content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the platform all copyright and other notices must be kept intact.
Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the content of the platform. In particular, you may not do any of the following without prior written permission:
a. No parts of any Keekaw owned and operated web site may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners.
b. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise).
c. You may not display the Content on a public bulletin board, ftp site, platform, chat room or by any other unauthorized means.
d. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Keekaw.
Incorrect use of Keekaw trademark[s]
Do not omit a footnote/attribution for Keekaw trademark. Do not alter the approved Keekaw trademark. Do not create any new logo for Keekaw. Do not incorporate any Keekaw product names into your company’s product names. Do not incorporate any Keekaw product names into the root domain of any Web site owned by your company. Do not misspell or use lower case letters when using the name Keekaw in text. Do not connect your company name with Keekaw’s product names. Do not use the Keekaw trademark name for a product or service as a noun, or in the plural form. Do not misspell or incorrectly capitalize Keekaw trademark.
Please refer to Copyright Policy for more details.
8. Use of the Site[s]
In connection with your use of the Platform, you agree that you will not:
1. Transmit any message, information, data, text, Service or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
2. Impersonate any person or entity, including but not limited to, an Keekaw official or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
4. Remove within 24 hours any User Content or other information that the owner asks you to remove.
5. Don’t do anything which leads to sedition, defamation, misleading information, unrest among public, etc.
6. Don't attempt to build an ad network on Keekaw.
7. Post or transmit any Material that contains a virus or corrupted data; Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
8. Use the Platform’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
9. Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise; Violate any applicable local, state, national or international law; Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Delete or revise any Material posted by any other person or entity;
10. Manipulate or otherwise display the Site by using, framing or similar navigational technology, or you assume total responsibility and risk for your use of the site and the Internet. Keekaw provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Keekaw shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally.
A. You can't attempt to create accounts or access or collect information in unauthorized ways.
B. We reserve all rights not expressly granted to you.
C. Keekaw reserves the right to charge fees for future use of or access to the Keekaw Platform.
D. This agreement does not give rights to any third parties.
E. Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
F. If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary to change (for example, if it infringes someone's intellectual property or impersonates another user).
G. You can only use our intellectual property and trademarks or similar marks as expressly permitted by our Brand Guidelines or with our prior written permission.
H. You must obtain written permission from us or under an open-source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
I. This includes creating accounts or collecting information in an automated way without our express permission.
J. You can't attempt to buy, sell, or transfer any aspect of your account (including your username) or solicit, collect, or use login credentials or badges of other users.
K. You can't use a domain name or URL in your username without our prior written consent.
L. You agree that You will not use the Site/Services in any way that is unlawful and harms the Academy and its affiliates in any way.
M. You will not host, display, upload, modify, post, publish, transmit, update or share any information which-
a. belongs to another person and to which You do not have any right;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. is false and/or misleading in any way;
d. infringes upon or violates any third-party rights, including, but not limited to, intellectual property rights, rights of privacy or rights of publicity;
e. tries to gain unauthorized access to the Site or to profiles, blogs, communities, account information or other areas or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
f. interferes with another User’s use and enjoyment of the Site;
g. violates any law for the time being in force;
h. contains viruses, malware, any destructive/malicious code, spams, corrupted files or any Service which may potentially damage the Site.
i. violates, abuses, or exploits any of the Terms for the use of the Site.
You may post/upload content including any text in the form of an image or video, data, images, photographs with sound, videos and written content along with all of them (“Material”) on the Sites. By posting/uploading Material on the Sites, You grant Us a non-exclusive, royalty-free license to use, copy, reproduce, modify, publish, transmit and display the Material for promotional and advertising purposes. You are solely and entirely responsible for anything that you post/upload on the Sites. You agree to accept responsibility for all activities that are carried out under Your name through Your User Account even when certain content is posted by others through Your name and/or User Account, with or without your knowledge of such post. We shall not be liable to You in any way or in relation to the contents of or otherwise in connection with, our Sites.
We are not promising to store or keep showing all the information and content that you’ve posted or uploaded, Keekaw doesn’t ensure a permanent storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
You expressly understand and agree that:
- Your use of our Platform is at your entire risk. We 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.
- We’ll keep on updating Site and from time to time it will be maintained and would undergo changes.
We do ensure uninterrupted access to our site and a smooth User experience but We specifically disclaim any warranty that (i) Our Site will meet your requirements, (ii) Our Site will be uninterrupted, timely, secure, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through our Site will meet your expectations.
9. Intellectual Property Rights
All IPRs i.e. copyrights, database rights, trademarks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer Service and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same in the Content and design of this platform and any material emailed to you or otherwise supplied to you in conjunction with our online services are the property of Keekaw. You may not use or reproduce any Keekaw Intellectual Property, including any trademarks, registered or unregistered, [such as the Keekaw® name and logo or other trade names appearing on the Sites] for any reason without written permission from Keekaw.
Keekaw is, unless otherwise stated, the owner of copyright and database on this platform and its contents. No part of this platform may be published, distributed, extracted, re-utilized, or reproduced in any material form (including photocopying or storing it in any medium by electronic means and whether or not transiently or incidentally to some other use of this publication) except in accordance with the permissions set out below or as permitted by the Indian Copyright Act 1957 or the Indian Trademarks Act, 1999.
10. Competency
Persons who are competent to contract within the meaning of the Indian Contract Act, 1872 and other applicable laws of concerned nations shall be eligible to use Our Site/Services. As a minor, if you still wish to use our Site/ Services, such use shall be made available to You by Your legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of Our Services that may occur by virtue of any person including a minor using the Services provided. By using the Services, You warrant that all the data provided by You is accurate and complete and that you have obtained the consent of parent/legal guardian (in case of minors). We reserve the right to terminate Your subscription and / or refuse to provide You with access to the Services if it is discovered that You are under the age of 13 years and the consent to use the Services is not made by your parent/legal guardian or any information provided by You is inaccurate.
11. User’s Warranty and Liability
You warrant that your content uploaded/posted by you:
(a) is your own original work and that neither it, nor any exploitation or use which the Company might make of it, will infringe any person’s rights, including but not limited to intellectual property, privacy, performance, data protection or any other right;
(b) is not defamatory of any person or entity; and
(c) is not likely to render you or the Company in contempt of court or in breach of any criminal law, including (but not limited to) improper obtaining, processing or disclosure of data, surveillance, harassment, trespass, bribery or any other law or regulation whether during the course of your journalistic activities or otherwise.
(d) User will be liable for providing any false information or wrong data to the Users and would be held legally liable.
(e) The content should not infringe rights of any person including IP Rights.
(f) If any right is infringed by the User then only they will be liable for such infringement and no cost or liability will be borne by Keekaw.
You hereby agree to indemnify the Company against all costs, claims, losses and liabilities incurred or suffered by the Company as a result of any breach of your warranties or obligations under these Terms.
To the extent permissible in law, the Company will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise) loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.
12. User’s Consent
To provide a truly global Service and increase our reach of accessibility across multiple locations of the world, we must store and transfer data across our systems around the world, including outside of your country of residence.
We use Technologies like artificial intelligence and machine learning which enables Us to apply complex processes across our Service. Automated technologies also help us ensure the functionality and integrity of our Service. In future We may use upcoming technologies, softwares and algorithms like Blockchain, Big Data, Deep Learning, etc. to provide Our community with better services and simplify their use by adopting the Dynamic changes.
This infrastructure may be owned or operated by Keekaw, our subsidiaries, authorized third parties including but not limited to data security service providers, cloud service providers, etc. and our affiliates. The user is advised to abide by our Safety Policy and Community Guidelines.
We take Data Breach and Security of our Users very seriously and You are protected by our stringent Data Policy.
13. Guidelines for Videos/Stories/Images/Designs/Content/Music
These terms apply if you post or share any videos or other content containing music on Keekaw.
a. You are responsible for the content you post on Our platform.
b. whether it is Video, Images, Stories, Designs, Written material (e.g. captions, any Quote, Poem, etc.), including any music that features in that content.
c. If you post content that contains music/images/designs/stories/ videos/written material (e.g. captions, any Quote, Poem, etc.), owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music/designs/images/videos/written material is not properly authorized. Nothing in these terms constitutes any authorization by us with respect to any use of music/stories/images/designs/ videos/written material on any of our Products.
d. Copyrighted material or any content which is infringing IP Rights of other individual/organization/concerned authorities would lead to exclusive liability of the User and Company in no way will have any obligation or legal boundation on any such matter.
e. Use of copyrighted music/stories/designs/images/content/videos for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses from the concerned creators and official authorization from Us.
f. You may not use videos on Our Products to create a music listening experience.
g. Unauthorized/Illegal content may be removed.
h. If such behavior persists in future, we may stop You from posting or accessing videos containing music in every country of the world from Our platform.
i. Any music in your video, if it is allowed at all, may not be compulsorily available in all countries of the world.
j. Stories must not include any logos, watermarks, calls-to-action, other promotional content.
k. Sharing of nude art of any kind is not permitted and have legal consequences.
14. Promotions
1. You can administer a promotion on Keekaw if you comply with Keekaw’s promotion policies and all applicable laws and regulations.
2. If you use Keekaw to communicate or administer a promotion (example: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
· The official rules;
· Offer terms and eligibility requirements (example: age and residency restrictions); and
· Compliance with applicable rules and regulations governing the promotion and all prizes offered (example: registration and obtaining necessary regulatory approvals)
3. You must not inaccurately tag content or encourage users to inaccurately tag content (example: don’t encourage people to tag themselves in photos if they aren’t in the photo).
4. Promotions on Keekaw must include the following:
1. A complete release of Keekaw by each entrant or participant.
2. Acknowledgement that the promotion is in no way sponsored, endorsed or administered by, or associated with, Keekaw.
5. We will not assist you in the administration of your promotion and cannot advise you on whether consent is required for use of user content or on how to obtain any necessary consent.
6. You agree that if you use our service to administer your promotion, you do so at your own risk.
7. Any account used for promotion/offering discounts/advertise themselves amongst the followers will have to abide by our advertising policy.
15. Legally enforceable Guidelines
Protect the information you receive from us against unauthorized access, use, or disclosure. For example, don’t use data obtained from us to provide tools that are used for surveillance.
1. Don't transfer any data that you receive from us (including anonymous, aggregate, or derived data) to any ad network, data broker, or other advertising or monetization-related service.
2. Only incentivize a person to log into your app or enter a promotion. Don't incentivize other actions.
3. If you want to facilitate or promote online gambling, online real money games of skill, or online lotteries, get our written permission before using any of our products.
4. Don't use an unreasonable amount of bandwidth, or adversely impact the stability of Keekaw.com servers or the behavior of other apps using the Keekaw Platform.
5. Don't sell, lease, or sublicense the Keekaw Platform or any data deriven through the Platform.
16. Representation & Warranties
User shall solely be responsible for
i. Creating, controlling, using, sharing, endorsing the content and have sufficient rights therein
ii. Your content will not infringe, violate or misappropriate any third party right, IPR, privacy right, defame, spy, harm, worm, other content, account or Company.
iii. Unless authorized, your content does not pre- release, non- public beta software, protected content or any confidential information of other parties or accounts.
iv. You shall not involve in unauthorized copying or distribution, of any content.
v. You guarantee that you have taken enough security measures and attempts, to evade security mechanism and there will be no defects, disablements, circumvention of such security measures.
vi. You shall not involve in any promotions, contests or sponsorships unless permitted and you shall be solely responsible for complying with various relevant laws, obligations and restrictions, you shall be solely responsible for all aspects of expenses, registrations, permissions etc. Company shall not be liable for any such endorsement or promotion. You must comply to FTC Guidelines. If you fail, Company will not be held responsible for any liability.
vii. Commenting, involving, sharing or participating in any political activity shall be made entirely on your own. You warrant that you are eligible to engaged for same under applicable law, and you will abide by such laws.
viii. You shall respect and not contravene to any Intellectual Property Rights, you will not use or endorse any trademark of Keekaw or other parties in connection with these services, in any manner that is likely to cause any confusion among users.
17. Prohibited Activities
While using our services you must comply with all the terms and applications, rules and regulations, and all the policies as given in website. You are obliged to followings-
i. Not to use service in destructive manner
ii. Not to gain access, manipulate identifiers, interfere, filter, endorse to another account or services including computer and computer networks, webs etc.
iii. Not to upload or enter any viruses, hackers, malicious codes, directly or unintentionally to interfere with software or security of website.
iv. Not to use service to contravene or violate with others’ rights and obligations
v. Not to access, search or collect data by automated means or otherwise.
vi. Not to use services in such manner that we believe it’s an abuse, fraud or suspicious.
vii. Not to generate, publish, transmit, distribute, or store any information that is false, illegal, invasive of another's privacy, pornographic, harassing, abusive, threatening, inflammatory, or otherwise objectionable;
viii. Not to imitate anybody’s accounts, behavior or activity.
ix. Not to perform junk, spam, solicited activities
x. Not to gather any personal, financial or sensitive information of others
xi. Not to defame, abuse, intimidate, harassment, or fraud the other users or Company
xii. Not to delete, remove, damage or bullying with other users
xiii. Not to reverse engineer, decompiling, and disassembling the codes or activities unless permitted by law.
xiv. Not to alter, translate, or produce derivative works based upon services, unless otherwise permitted
xv. Not to attempt or indicate any relationship with us
xvi. Not to violate any state or international laws when using our services.
xvii. Company is not liable for any statements, representations, warranties, activities, of any third parties or its users. Company does not recommend, or endorse such activities
xviii. Company reserves right to suspend, terminate account or activities of any person or user if found violating
xix. Not to use any third-party accounts, not to allow any third party to use your account.
18. Termination
Company reserves a right to terminate you, your content or account to prevent further access and services, including reasonable-
i. Your use violates any terms of service
ii. You fraudulently misuse our services
iii. We are unable to continue services.
iv. Any reason as company thinks
v. As required by law
vi. In company’s interest
You may terminate or discontinue our services by deleting your account. If you choose to discontinue our services, your account may be deactivated due to prolonged inactivity. Terms like prohibited activities, data, content, liability, will survive post termination.
19. Compensatory Services and Payments
i. For the general use of our services and enrollment with us, we don’t charge fees or commission. Platform may contain some paid services or subscriptions and premiums. Such paid services may be revised from time to time with reasonable advance intimation. No such intimation will be given for temporary reductions.
ii. We use third party service providers to process your payments. Hence you may submit such financial and payment information for our paid services. If you submit your payment information, you agree to pay all costs and charges, taxes incurred on such payments. All payments are final we do not initiate refunds for any partial billings.
iii. If you fail to submit your valid details, valid payment information and valid accounts any misconduct happening due to this or liability coming out of this will not be borne by the Company.
20. Indemnity
You agree to defend, indemnify, and hold Keekaw, its affiliates and our respective directors, affiliates, agents, third-party service providers, harmless from and against any claim, liability, loss, damage arising out due to –
i. Use of services
ii. Violation of terms or policies
iii. Violation of laws or regulations
iv. Your content or activities
We reserve right to defense any matter for which you are required to indemnify us, you agree to co-operate us in defense claims.
21. Release and Waiver
A. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Keekaw, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Keekaw Platform and data derived through such Platform.
B. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
22. Limitation of Liability
a. Keekaw’s liability for claims/ actions which the Contributor/ Sponsor has or may have against its representatives, sub-contractors, administrators, nominees, executors, agents and other assigns under this Agreement, whether these claims arise in contract, cyber laws, tort or negligence or under any other theory/law of liability, shall be limited, notwithstanding any other provision of this Agreement to the claims brought within 2 (two) years (hereinafter referred to as ‘prescribed claim period’) from the date of occurrence of an event of default.
b. The aggregate liability of Keekaw towards the User/ Sponsor/Advertiser in any case shall be limited to an amount of INR 10,000 or the amount of consideration paid to the Service Provider, whichever is lower.
c. Notwithstanding anything contained in this Agreement, the liability of Keekaw with respect to a claim/action by the Service Recipient is limited to direct damages and the Company shall not be liable whatsoever for consequential/ exemplary/punitive/ indirect/incidental damages, compensation, loss (including without limitation loss of actual profits, loss of office/ business, loss of reputation, loss of revenue, loss of opportunity or increased cost of capital or financing) incurred by the Service Recipient or any Third party.
23. No Waiver of Rights by Keekaw
Keekaw’s failure to exercise or enforce any right or provision of the Keekaw Platform Terms shall not constitute a waiver of such right or provision.
24. Courtesy translations
These Terms were written in English. To the extent any translated version of these Terms conflicts with the English version, the English version controls and prevails over any other translated version of these terms.
25. Report Abuse
We at Keekaw are committed to build a socially healthy and safe environment for Our Users. For making our efforts efficiently effective We promote our whole Community to Report any Abuse including but not limited to hacked accounts, impersonation accounts, underage children, hate accounts, intellectual property, exposed private information, self-injury, abuse and spam, exploitation, harassment or bullying, cybercrimes, all other types of reports.
26. Disclaimers
i. The services are Given with no guarantees and as accessible, without portrayals, guarantees, or states of any sort, whether express, suggested, legitimate, or legal, including, yet not restricted to, inferred guarantees of merchantability, title, fitness for particular purpose, non- infringement. Company does not warrant the services are accurate, complete, reliable, current or vague-free. Company does not control or take responsibility for any content available or linked to services or actions of third party. While we try to make safe experience, we do not represent or warrant that our services are free from viruses and other harmful components.
ii. In no event will company be liable for any indirect, incidental or punitive damages or relating to these terms arising from or relating to any service or activity alleged to be illegal, offensive or defamatory. Access to and use of services is at your own risk and you will be solely responsible for any damage to your device or computer system or any loss of data. This clause will apply to any theory of liability, including those based on warranty, contract, statute, or otherwise, even if company have been advised of possibility of such damage, even if any remedy set forth in these terms if found to have failed its essential purpose.
iii. Limited liability also applies with respect of damages incurred by you, by any reason, any products or services sold or provided in any reference sites or otherwise by third parties other than company and received through any reference sites.
iv. We can't anticipate when issues might emerge with our products or services. As needs be, our responsibility will be restricted to the furthest reaches allowed by appropriate regulation. To the furthest reaches allowed by material regulation, under no situation will we be responsible to you for any lost benefits, incomes, data, or information, or significant, unique, roundabout, excellent, corrective or accidental harms emerging out of or connected with these Terms or the Company Services (but caused and on any hypothesis of obligation, including carelessness), regardless of whether we have been educated concerning the chance of such harms.
27. Governing laws
We want you to enjoy the platform and our services, if you have any issue or dispute, you agree to inform and raise to us first, and try to resolve it informally. You can contact us on support@keekaw.com
You and Company agrees to solve the disputes by way of arbitration, except not required to arbitrate any dispute in which either party seeks equitable and other relief, alleged unlawful use of IPR. You agree to notify the dispute within 15 days of its arising. You agree to attempt informal resolution before arbitration procedures. That arbitration if conducted, will be conducted confidentially along with procedure of Arbitration and Conciliation Act, 1996 of India. You agree that any claims arising out of or related to company services must commence within 1 year after the cause of action accrues, otherwise such cause of action is permanently barred.
28. Miscellaneous
i. Waiver
In the event that we neglect to practice or implement any right or arrangement of these Terms of Services, it won't comprise a waiver of such right or arrangement. Any waiver of any arrangement of these Terms of Services will be powerful provided that recorded as a hard copy and endorsed by the significant party.
ii. Severability
Assuming any provisions of these Terms of Services is held to be unlawful, void, or under any circumstance unenforceable, then that provisions will be restricted or removed from these Terms of Service to the base degree fundamental and won't influence the legitimacy and enforceability of any leftover provisions.
iii. Assignment
These terms of service, rights, licenses, granted hereunder, may not be transferred or assigned by you, but may be assigned by company without restriction. Any assignment made in opposition to these terms.
iv. Entire Agreement
These terms of service along with other policies is the entire agreement between you and company, relating to subject matter herein and will not be modified except by a writing and signed by representatives of both parties or by these terms of service made by company.
29. Changes to these terms
Company has reserved rights to revise these terms from time to time, in case we make change, we will post the revised terms and inform effective date above. Any material change will be informed to you via mail, before becoming effective. If you don’t agree to the revised terms, you must stop accessing and using our services before changes become effective.
30. Contact Us
In case of any doubt, queries, or learning more about this document or any questions, complaints, suggestions or requests, you can connect to us via our mail - support@keekaw.com or address - Frolicbit Technologies, 365, Dr Munje Road, Dhantoli, Nagpur 440012, India