TERMS & CONDITIONS
The General Data Protection Regulation (GDPR), the European Union’s new privacy law, goes into effect today May 25, 2018. GDPR’s purpose is to update data privacy standards. GDPR with its new requirements for handling personal data and documenting those practices requires organizations that process personal data to be accountable for it. It also emphasizes increased transparency and choice for data subjects (i.e. the individuals described by personal data).
KeepSolid is always committed to protecting the documents and data provided by its customers and views privacy as a fundamental human right. KeepSolid will comply with the GDPR in the delivery of its services. KeepSolid will constantly evaluate its products, services and data uses as the understanding of GDPR develops.
Presently, KeepSolid identified a group of officers to direct its compliance program. KeepSolid closely reviewed GDPR (including regulator interpretations) and BCR as well its existing common control framework to identify changes or improvements in KeepSolid’s data protection program. KeepSolid’s officers have engaged to draft policies, standards and procedures or to develop changes to the features or functionality of the KeepSolid’s services.
GDPR is a new data protection law in Europe. Like previous data protection laws in Europe, it prohibits exports of personal data from the EU to the United States unless an adequate transfer mechanism like binding corporate rules (BCR), standard contractual clauses or Privacy Shield is in place. KeepSolid is committed to achieving and maintaining customer trust. KeepSolid is working to ensure defined methods or mechanisms identified by the European Commission as ‘appropriate safeguards’ for personal data transferred outside of the EU. In this regard, KeepSolid is determined to ensure compliance with all requirements of GDPR. KeepSolid is developing a means of securing GDPR’s protection from any subprocessor and providing more transparency into the subprocessors employed, and in what capacity and providing updates to interested customers.
KeepSolid’s privacy professionals assess a variety of activity involving personal data for risk and frequently make recommendations for how to reduce any risks identified. Under GDPR when these assessments identify a high risk, KeepSolid will conduct full data protection impact assessments.
These Terms and Conditions govern your use of the KeepSolid Inc. services. By using our services, you confirm that you are at least 18 years of age and agree to comply with the provisions below. If you do not accept any part of these terms and conditions, you must not use the KeepSolid Inc. services.
TERMS & CONDITIONS
These terms apply to all subscribers of the KeepSolid Inc. services.
You agree to protect your user id/password (KeepSolid ID) and KeepSolid Inc. services from unauthorized use.
You are responsible for all actions that occur on our servers subsequent to a login committed with your KeepSolid ID.
The following actions are also prohibited:
Using the KeepSolid Inc. Services in any manner that violates any applicable industry standards, third party policies or requirements that KeepSolid Inc. may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using the KeepSolid Inc. Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, email, voice mail, or faxes.
Using KeepSolid Inc. Services to harvest or otherwise collecting information about others, including email addresses or phone numbers.
Using KeepSolid Inc. Services to engage in fraudulent activity with respect to third parties.
Violating or facilitating the violation of any local or foreign law, including laws regarding the transmission of data or software.
Taking any action to encourage or promote any activity prohibited under this Terms & Conditions.
Downloading and transmitting any material that infringes the intellectual property rights or other rights of third parties.
Downloading and transmitting any material that is libelous, defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
You are also agree NOT to use KeepSolid Inc. Services to/for:
scan for open proxies or open relays
store any data which violate the local laws
launch any pop-ups from our service
attack in any way any other computer or network while on KeepSolid Inc. services
You agree not to launch any pop-ups from our service.
You agree not to attack in any way any other computer or network while on KeepSolid Inc. services.
1. Age Restriction
Subscribers affirm that they are either at least eighteen (18) years of age, or an emancipated minor, or are in possession of legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, affirmations, obligations, representations, and warranties set out in these Terms of Service, and to abide by and comply with the Terms & Conditions contained herein.
2. Service Quality and Limitations (Service Level Agreement)
Actual service coverage, speeds, locations and quality may vary. The KeepSolid Inc. services will attempt to be available at all times except for any limited periods required for technical maintenance and repair. However, the KeepSolid Inc. services may be unavailable due to a variety of factors beyond our control, including emergency situations, transmission, third party service failures, equipment or network problems or limitations, interference and signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of any interruptions or performance issues with the KeepSolid Inc. services or communications services or networks (e.g., T-1 lines or the Internet). We may impose limits on KeepSolid Inc. services usage, suspend KeepSolid Inc. services, or block certain kinds of usage in our sole discretion to protect users or the KeepSolid VPN Unlimited service. Network speed is not limited by the KeepSolid Inc. services within any of our accounts (trial or subscribed) or by the physical location of your server. Your current network speed may vary based on configuration, compression, network congestion, server load and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
KeepSolid Inc. services also allow end users to enter, store, secure, back up and restore confidential and sensitive "DataRecords" on computers and mobile devices for the purpose of accessing this information and protecting it from the public. DataRecords is a term that applies to short strings of data that are critical to end users (e.g. Social Security Numbers, Bank Account Numbers, Website Login ID's / Passwords, Vendor Account Numbers, Financial Routing Information, Private Phone Numbers, Alarm Codes and Confidential / Privileged Notes) or private files (e.g. media, documents and so on). KeepSolid Inc. services use one of the most advanced and strong encryption algorithms AES256-bit cipher, which is approved for export by the U.S. Department of Commerce Bureau of Industry and Security under license #5D992.
3. Copyright, Patent and Trademark Information
Copyright© 2018 KeepSolid Inc. All Rights Reserved. Patents applied for and pending. KeepSolid Inc. services, client apps, and the information that they contain, are the property of KeepSolid Inc. and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Other Software or service names or logos appearing in the Software are either trademarks or registered trademarks of KeepSolid Inc., and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of KeepSolid Inc.'s trademark or other intellectual property rights concerning that name or logo.
4. Usage Restrictions
Your registered account is intended for your sole use; the simultaneous use by two or more individuals is forbidden.
The KeepSolid VPN Unlimited and Roadmap Planner services allow the creation of up to 3 different accounts each.
The KeepSolid VPN Unlimited service allows the use of up to 5 different devices (this includes different system users inside an OS and different web browsers in case of using a VPN Unlimited web extension) for each particular account. If you have purchased a 1-year KeepSolid VPN Unlimited subscription or bigger, you may use a special profile, created by our staff for your router device, however the limitation of simultaneously connected devices remains the same – you are allowed to connect up to 5 devices to this router. Note, that you are installing the provided profiles at your own risk.
In case you have any active paid subscription on KeepSolid VPN Unlimited and/or Roadmap Planner services from KeepSolid Inc. you are allowed to delete 1 device per week from your User Office at my.keepsolid.com/account/devices. Note that due to the technical reasons you will not be able to delete devices during the first 7 days from the creation of your KeepSolid ID.
Attention! The deletion of files from the Roadmap Planner server can take up to 30 days. However, they remain encrypted during this period, meaning that no one can access the content of deleted documents.
In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
- The KeepSolid Inc. services may only be used for lawful purposes.
The KeepSolid Inc. services may be a subject to a time-based subscription fee to operate the KeepSolid Inc. services on a mobile device or computer and to gain access to enhanced features
which may include, depending on the selected subscription:
unlimited access to VPN servers
tasks synchronization between supported devices of the user
tasks sharing with the user’s contacts
synchronizing DataRecords to multiple devices or computers and restoring or backing up DataRecords
- You hereby understand that upon using the Software, you will be required to create a "KeepSolid ID." Which consists of your email and selected password. The KeepSolid ID will be used by you and only you and will provide you the access to all supported KeepSolid Inc. services and apps. You shall not share the password from your KeepSolid ID with any employee, agent, officer or director of KeepSolid Inc. or anyone else.
- KeepSolid Inc., will not under any circumstances, have access to the password of your KeepSolid ID or the data stored in your local databases or their server backup copy.
- If you lose or forget the password from your KeepSolid ID, KeepSolid Inc. will not be able to assist you in gaining access to your data since KeepSolid Inc. does not have access to or knowledge of your password. It is your obligation to remember your password since it is required to gain access to your KeepSolid ID and all related data.
- KeepSolid Inc. will maintain a binary file of your data on company servers, provided that you are a paid-subscriber of the synchronization services. The binary is created when you synchronize or back-up your data (either DataRecords or tasks) and is kept to restore your data in case of a local system crash, damage, loss or hack attempt that results in the self-destruction of your data.
KeepSolid Inc. services offer a free trial period for each of the services:
- KeepSolid VPN Unlimited - 7 days
- KeepSolid Sign - 14 days
During the trial period you may use any of the services without any additional limitations comparing to the paid subscriptions.
6. Content/Usage Disclaimer
We log only access attempts to our servers (for security and troubleshooting), user session durations and the bandwidth used (for purposes of providing detailed information intended solely for each concrete user) and user clicks made to our software (to track popularity and assist in application and service improvements). We do not get involved in any form of censorship. We do not give your personal information to any third parties. We do not cooperate with any requests for information, unless ordered to by a court of competent jurisdiction (the vast majority of information requests would not be from a court of competent jurisdiction). Our system is set to protect you to the maximum possible level. We fully respect the hundreds of good reasons for remaining anonymous. Hacking, cracking, fraudulent activities, the distribution of viruses, phishing, network sabotage and/or any conduct deemed illegal or unwanted will be subject to immediate suspension or the termination of your account. Users are responsible for the proper secure configuration of their services and are responsible for any damage caused by their neglect or exposure of vulnerabilities whether intentional or unintentional. In case users are suspected of activities, which are declared illegal by the laws of countries where the local KeepSolid Inc. servers are hosted, we may log information, which is necessary to prove the user’s innocence and protect our service. This logging of data will be only partial and we will not collect any user’s private data. It will be terminated when all necessary proofs are collected.
KeepSolid Inc. has a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions. Along with the ZERO TOLERANCE policy, clients who materially breach the terms and conditions will have their account deleted without any refund. Additionally, the Client understands that KeepSolid Inc. expressly reserves the right to hold the client or any third-party using the service on the client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to, attorney’s fees, fees for expert witnesses, court costs, and other charges.
8. Subscription Fees, Payment Terms and Refund Policy
8.1 Subscription Fees for KeepSolid Inc. services
The fees charged by KeepSolid Inc. are referred to as Subscription Fees. Upon upgrading from the free version of any KeepSolid Inc.’s app or service to advanced features and benefits, you will be a subject to Subscription Fees in accordance with the Pricing Plans as shown on the corresponding website. You will be required to submit payment in advance for the Software (unless you have already provided payment or means of payment, such as credit card information on file). Advanced features of the selected app will be disabled until payment is received. Subscription Fees will be billed and collected in advance, based on your subscription plan.
All applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against KeepSolid Inc., will be payable by you. You will not withhold any taxes from any amounts due to KeepSolid Inc.
8.2 Pricing Plans & Discounts
You are responsible for reviewing the Pricing Plans from time to time and remaining aware of the fees charged by KeepSolid Inc. The Pricing Plans, including subscription terms, quantities and pricing, are subject to change at any time in KeepSolid Inc.'s sole discretion. KeepSolid Inc. will use good faith efforts to notify you via email before changing of the Pricing Plans.
As a condition for using KeepSolid Inc. services, such as data synchronization between supported devices and backup & restore, access to VPN servers of tasks sharing, you must provide us with payment. If you opt to pay for the use of our services, we will direct you to make payment through a third party payment processor. We currently use the following methods of payment: iTunes in-app-purchases for iOS devices and Mac OS X version from the Apple Mac Store. Amazon and PayPal purchases for Mac OS X and MS Windows versions of the application, downloaded from the official website To pay for a subscription users must have either a valid Apple ID or a valid Amazon ID, or a valid PayPal account. PayPal also supports payments using any supported credit or debit card. The third party site will provide us with the date on which you made the payment and the date that your account will expire, along with a generic number (your "Order ID Number"). We will then store the above information. We do not store your name, home address and payment details (e.g. credit card details), although this data may be stored by the third party payment provider handling the transaction and may be accessible by us. If KeepSolid Inc. is for any reason unable to effect automatic payment from your Apple ID, Amazon ID or PayPal, KeepSolid Inc. will attempt to notify you via email and the work of KeepSolid Inc. services for your account, will be disabled until payment is received. You may upgrade or cancel your account at any time.
8.4 Refund Policy
Our support team will be happy to help you with any technical difficulties. Simply email us at [email protected]. If you are not completely satisfied with our services, you are entitled to a full refund during the first 7 days of usage.
Apple In-App Purchases refunds can be claimed from Apple (https://expresslane.apple.com).
Google Play Store In-App Purchases refunds can be claimed from Google at (https://support.google.com/googleplay/contact/play_request_refund_apps).
Amazon purchases refunds can be claimed from Amazon (http://www.amazon.com/gp/css/returns/homepage.html).
PayPal purchases refunds can be claimed in your PayPal web cabinet in the purchase Details. We will notify you by email once your refund is due. It can take up to 10 days after the time of cancellation to receive this.
In some specific cases we will not be able to make a refund via the same payment system that the refunded purchase had been made. In that cases we will require additional information from our user, to define the acceptable payment system in order to make a full refund.
This Agreement is personal to you, is your obligation and therefore, you may not assign your rights or obligations of this to anyone.
9. Right to Disable Access
KeepSolid Inc., at its own discretion, may immediately disable your access to the KeepSolid Inc. services without refund if KeepSolid Inc. believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
KeepSolid Inc. reserves the right to reclaim any phone number from Customer's account and return that number to the relevant numbering plan if Customer does not send sufficient traffic over that phone number such that the phone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. In the event that KeepSolid Inc. seeks to reclaim one or more phone numbers from Customer's account, KeepSolid Inc. will provide at least two weeks' written notice to Customer (via email) that KeepSolid Inc. is reclaiming one or more phone numbers, unless KeepSolid Inc. is otherwise prevented from doing so by the applicable regulatory agency or governmental organization.
10. Restrictions and Responsibilities
10.1. No Rights in Software
This is an Agreement for you to use the Software, which provides you the access to KeepSolid Inc. services. You are not granted a license to any software by this Agreement. You may not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. You may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by KeepSolid Inc. in connection with the Software without preliminary written agreement with the KeepSolid Inc. Violation of these restrictions may result in the termination of this Agreement.
10.2. Permitted Use of the Software
The Software shall be used for your internal business (which includes civil or charitable) purposes only. If you are using the Software in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software, then you hereby covenant that, prior to engaging in such activities, you will first request that KeepSolid Inc. perform such work at its standard professional services rates. KeepSolid Inc. can then decide either: (i) to perform the work in order to achieve such interoperability and charge its standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities, despite a contractual prohibition on such activities.
10.3. Compliance with Laws; Monitoring
You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.
You hereby agree to defend, indemnify and hold harmless KeepSolid Inc., its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software. In addition, you acknowledge and agree that KeepSolid Inc. has the right to seek damages when you use the Software for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
10.5. Your Information
Using the varied features of the KeepSolid Inc. services and client software, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to KeepSolid Inc. KeepSolid Inc. may use this information and any technical information about your use of the Software to improve its appearance for you, facilitate your movement through the Software, or communicate separately with you. If you licensed the Software as a result of solicitation by a marketing partner of KeepSolid Inc., KeepSolid Inc. may share your information with the marketing partner and the marketing partner may share related information with KeepSolid Inc. KeepSolid Inc. will not provide your contact information to companies you have not authorized for that purpose unless required by law.
10.6. Intellectual Property Rights in Your Content
You agree that you will not upload or transmit any contact lists, communications or content of any type to KeepSolid Inc. or in connection with the Software that infringe, misappropriate or violate any rights of any party. By submitting any ideas, concepts, inventions, or content to KeepSolid Inc. or using them in connection with the Software, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to KeepSolid Inc. or to any third party using the Software, any communication or content that infringes or violates any rights of any party. If you make any submission to KeepSolid Inc. or if you submit any text, pictures, graphics, videos, business information, idea or concept to KeepSolid Inc. by email, without preliminary notification of confidentiality, you automatically grantor warrant that the owner of such content or intellectual property has expressly granted KeepSolid Inc. a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
You may terminate this Agreement at any time by notifying KeepSolid Inc. Customer Support in writing or by manual deleting your account from your web cabinet at my.keepsolid.com. Since access to the KeepSolid Inc. services is delivered in full at the beginning of the subscription period, amounts paid for the KeepSolid Inc. services under this subscription plan are not refundable in case of your account termination. KeepSolid Inc. may terminate this Agreement or the Software, disable your account or put your account on inactive status, in each case of this Terms violation, at any time, and with or without notice. KeepSolid Inc. shall have no liability to you or any third party because of such termination or action. KeepSolid Inc. may delete all of your archived data on its servers within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
12. Warranty Disclaimer; Remedies
USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. KEEPSOLID INC. DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND KEEPSOLID INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for KeepSolid Inc. to use commercially and timely reasonable efforts to adjust or repair the Software. KeepSolid Inc. regularly makes fixes, enhancements and upgrades to its Software for the benefit of all customers on paid subscription plans.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL KEEPSOLID INC. OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " KEEPSOLID INC. " BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF KEEPSOLID INC. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, KEEPSOLID INC. IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF KEEPSOLID INC. TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY KEEPSOLID INC. TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
14. Restricted Persons; Export of Software or Technical Data
You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Software is (i) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (ii) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (iii) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (iv) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (v) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify KeepSolid Inc. within twenty-four (24) hours, and KeepSolid Inc. shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to KeepSolid Inc. You agree that you shall not use the Software to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Software, or any direct Software thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
15. Links to Third-Party Web Sites
This Software permits users to link to non- KeepSolid Inc., third-party web sites. These links are provided to you as a convenience, and KeepSolid Inc. is not responsible for the content of any linked web site. Any non- KeepSolid Inc. web site accessed from this web site is independent from KeepSolid Inc., and KeepSolid Inc. has no control over the content of that web site. In addition, a link to any non- KeepSolid Inc. web site does not imply that KeepSolid Inc. endorses or accepts any responsibility for the content or use of such web site.
16. No Implied Endorsements
In no event shall any reference to any third party or third party Software or service be construed as an approval or endorsement by KeepSolid Inc. of that third party or of any Software or service provided by a third party.
17. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from KeepSolid Inc.'s websites infringe your copyright, you may request removal of those materials (or access thereto) from the web site by contacting KeepSolid Inc. Customers Support (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringed and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
KeepSolid Inc. Customers Support may be reached via email: [email protected]
In an effort to protect the rights of copyright owners, KeepSolid Inc. maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
18.1 If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
18.2 KeepSolid Inc. and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
18.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind KeepSolid Inc. in any respect whatsoever.
18.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
If you have any questions about the rights and restrictions above, please contact KeepSolid Inc. by email at [email protected]
©2018 KeepSolid Inc.