Terms of Service
Thank you for using Kinpen!
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and sharq inc. (“Sharaq”, “We”, or “Our”) governing your access to and use of the Kinpen website, our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (The Site, Application and Services together are hereinafter collectively referred to as the “Kinpen Service”).
Your access to or use of the Kinpen Service will constitute acceptance of these Terms (including individual regulations).
Table of Contents
- Who May Use the Services
- Content on the Services
- Using the Services
- Disclaimers and Limitations of Liability
1. Who May Use the Services
You must be at least 13 years old and able to enter into legally binding contracts to access and use the Kinpen Service or register an Kinpen Account. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
By accessing or using the Kinpen Service you represent and warrant that you are 13 or older and have the legal capacity and authority to enter into a contract.
If you access or download the Application from the Apple App Store or Google play, you agree to Apple’s Licensed Application End User License Agreement. Kinpen Service implement Google Cloud Platform, Firebase, Google Maps, and Google Analytics. You are also subject to the these service's Terms of Service.
3. Content on the Services
Sharaq may, at its sole discretion, enable Users to (i) create, send, and post content, such as text, photos, audio, video, or other materials and information on or through the Kinpen Service (“User Content”); and (ii) access and view User Content and any content that Sharaq itself makes available on or through the Kinpen Service, including proprietary Kinpen content and any content licensed or authorized for use by or through Sharaq from a third party (“Kinpen Content” and together with User Content, “Collective Content”).
We do not claim ownership of your content, but by submitting, posting or displaying User Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by us, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Kinpen Service, Kinpen Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sharaq used on or in connection with the Kinpen Service and Kinpen Content are trademarks or registered trademarks of Sharaq in Japan. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Kinpen Service, Kinpen Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Kinpen Service or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sharaq or its licensors, except for the licenses and rights expressly granted in these Terms.
You are solely responsible for all User Content that you make available on or through the Kinpen Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Kinpen Service or you have all rights, licenses, consents and releases that are necessary to grant to Sharaq the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Sharaq's use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or Sharaq may, without prior notice, remove or disable access to any User Content that Sharaq finds to be in violation of these Terms or otherwise may be harmful or objectionable to Sharaq, its Users, third parties, or property.
4. Using the Services
You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Kinpen Service. In connection with your use of the Kinpen Service, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies ;
- use the Kinpen Service or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Sharaq endorsement, partnership or otherwise misleads others as to your affiliation with Sharaq;
- use the Kinpen Service in connection with the distribution of unsolicited commercial messages (“spam”);
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- use, display, mirror or frame the Kinpen Service or Collective Content, or any individual element within the Kinpen Service, Sharaq's name, any Sharaq trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Kinpen Service, without Sharaq's express written consent;
- dilute, tarnish or otherwise harm the Sharaq brand in any way, including through unauthorized use of Collective Content, registering and/or using Sharaq or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sharaq domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Kinpen Service for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Sharaq or any of Sharaq's providers or any other third party to protect the Kinpen Service;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Kinpen Service;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Kinpen Service;
- export, re-export, import, or transfer the Application except as authorized by he export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
You acknowledge that Sharaq has no obligation to monitor the access to or use of the Kinpen Service by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Kinpen Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Sharaq in good faith, and to provide Sharaq with such information and take such actions as may be reasonably requested by Sharaq with respect to any investigation undertaken by Sharaq or a representative of Sharaq regarding the use or abuse of the Kinpen Service.
Sharaq cannot guarantee the continuous and uninterrupted availability and accessibility of the Kinpen Service. Sharaq reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kinpen Service.
The Kinpen Service may contain links to third-party websites or resources (“Third-Party Services”). Sharaq is not responsible for and does not endorse such sites and resources. you agree that Sharaq is not liable for any loss or claim that you may have against any such third party with any reason.
You are solely responsible for recording, storing, and managing any information that you make available on or through the Kinpen Service at their own risk, You agree that Sharaq has no responsibility or liability for the deletion or failure to store any data maintained or transmitted by the Service.
You must register an account (“Kinpen Account”) to access and use certain features of the Kinpen Service. You can register an Kinpen Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”).
You must provide accurate, current and complete information during the registration process and keep your Kinpen Account and public Kinpen Account profile page information up-to-date at all times.
You may not register more than one (1) Kinpen Account unless Kinpen authorizes you to do so. You may not assign or otherwise transfer your Kinpen Account to another party.
You are responsible for maintaining the confidentiality and security of your Kinpen Account credentials and may not disclose your credentials to any third party. You must immediately notify Sharaq if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Kinpen Account. You are liable for any and all activities conducted through your Kinpen Account. You agree that Sharaq shall not be liable to you or any third-party for any loss and damage caused by loss, stealing, misappropriation or unauthorized access of your credentials, regardless of negligence.
<Ending These Terms>
This Agreement shall be effective and renewed automatically and continuously until such time when you or Sharaq terminate the Agreement in accordance with this provision.You may terminate this Agreement at any time by sending us an email.
Sharaq may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Sharaq believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharaq, its Users, or third parties.
Sharaq may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Kinpen Account registration, or thereafter, (iv) you and/or your posts at any time fail to meet any applicable quality or eligibility criteria, (v) Sharaq becomes aware of or has received complaints about your performance or conduct, (vi) Sharaq believes in good faith that such action is reasonably necessary to protect the personal safety or property of Sharaq, its Users, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any User Content;
- limit your access to or use of the Kinpen Service;
- temporarily or in case of severe or repeated offenses permanently suspend your Kinpen Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sharaq and an opportunity to resolve the issue to Sharaq's reasonable satisfaction.
5. Disclaimers and Limitations of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Kinpen Service and Collective Content.
Sharaq will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Kinpen Service or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Kinpen Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sharaq has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You agree to release, defend, indemnify, and hold Sharaq and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Kinpen Service, (iii) your interaction with any Users, or (iv) your breach of any laws, regulations or third party rights.
Sharaq reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account.If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Except as they may be supplemented by additional terms and policies, guidelines or standards, these Terms constitute the entire Agreement between Sharaq and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sharaq and you in relation to the access to and use of the Kinpen Service.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Sharaq’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Sharaq's prior written consent. Sharaq may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
The Terms shall be governed and construed under the laws of Japan. Any dispute that arises between you and Sharaq shall be subject to the exclusive jurisdiction of the courts of Japan.
We can be contacted:
By email: email@example.com
Effective Date: 2 February, 2018
Updated: 7 August, 2019