Terms of Service

By using the kimola.com ("Service") web site and all services of Kimola ("Kimola"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Kimola reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://kimola.com/terms-of-service Violation of any of the terms below will result in the termination of your Account. While Kimola prohibits such conduct and Content on the Service, you understand and agree that Kimola cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk. ## Account Terms - You must be 13 years or older to use this Service. - You must be a human. Accounts registered by "bots" or other automated methods are not permitted. - You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. - Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like. - You are responsible for maintaining the security of your account and password. Kimola cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. - You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). ## General Conditions - Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. - Technical support is only provided to paying account holders and is only available via email. - You understand that Kimola uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. - You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the - - Service, Kimola, or any other Kimola service. - You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to - the Service without the express written permission by Kimola. - We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. - Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Kimola customer, employee, member, or officer will result in immediate account termination. - You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. - You must not upload, post, host, or transmit unsolicited email, SMSes, or "spam" messages. - You must not transmit any worms or viruses or any code of a destructive nature. - If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Kimola) of other Kimola customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. - Kimola does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. - You expressly understand and agree that Kimola shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if - Kimola has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. - The failure of Kimola to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kimola and govern your use of the Service, superseding any prior agreements between you and Kimola (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to self at Kimola dot com.