1. Digital Service Offerings
Kiln’s mobile application and the Kiln website are software-as-a-service offerings (together, the “Service”) that provide the Kiln community members and the greater tech and business ecosystem with online platforms for coordination and reservation of Kiln Facilities and Services worldwide as well as discovery of and communication with other Kiln locations. Community members worldwide, exchange of ideas, exploration of potential cooperation opportunities, and social and professional networking.
By using the Service, clicking the “Agree”, “Accept” or “OK” button, or installing and/or using the Kiln software application (the “Software”) you expressly acknowledge and agree that you are entering into a legal agreement with Kiln, on behalf of itself and its affiliates (“Kiln”,“We”, “Us” or “Our”), and have understood and agree to comply with, and be legally bound by, the terms and conditions of these Kiln Digital Terms and Conditions (“Agreement”). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not register for the Service, and do not download, install or use the Software.
Ability to Accept. You represent and warrant that you are of legal age and otherwise competent to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to: (i) use the Service; (ii) download, install and use the Software on a mobile phone, tablet, computer or device (each, a “Device”) that you own or control; and (iii) access and use the Service and the Software on that Device, in each case solely in accordance with this Agreement and any applicable Usage Rules (as defined below).
License Restrictions. You agree not to, and not to permit any third-party to: (i) sublicense, redistribute, sell, lease, lend or rent the Software; (ii) disassemble, reverse engineer, decompile, decrypt or attempt to derive the source code of, the Software; (iii) copy, modify, improve or create derivative works of the Software or any part thereof; (iv) circumvent, disable or otherwise interfere with security-related features of the Service or Software or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Software; (v) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the Service; (vi) use any communications systems provided by the Service to send unauthorized and/or unsolicited commercial communications; (vii) use the Kiln name, logo or trademarks without our prior written consent; and/or (viii) use the Service or Software to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible or inappropriate purpose, or in any manner that breaches this Agreement.
Account. In order to use some of the Service features you may have to create or use an account (an “Account”). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account secure. You must notify us immediately of any unauthorized use of your Account.
Usages Rules. If you are downloading the Software from a third-party mobile device platform or service provider (“Distributor”), please be aware that the Distributor may have established usage rules which also govern your use of the Software and Service (“Usage Rules”). We specifically refer to the Usage Rules of certain distributors below in the section below entitled ‘Distributor Requirements and Usage Rules’, but other Usage Rules may be applicable depending on where the Software has been downloaded from. You acknowledge that, prior to downloading the Software from a Distributor or using the Service, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the Software and Service are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the Software; if you are unable to make such a representation you are prohibited from installing and/or using the Software.
Use of the Software in a Vehicle. If you are using the Software or Service in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the Software or Service unless your vehicle is stationary and legally parked.
2. Third Party Sources and Content
The Service enables you to view, access, link to, and use content from Thirds (as defined below) that are not owned or controlled by us (“Third-Party Content”). The Service may also enable you to communicate and interact with third-party sources. “Third-Party Source(s)” means: (i) third-party websites and services; and (ii) our partners, service providers and other community members.
We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety or intellectual property rights (as defined below) of, or relating to, any Third-Party Content.
We do not endorse any advertising, promotions, campaigns, products, services or other materials that are included in any Third-Party Content or that are communicated to you from a Third-Party Source.
By using the Service, you may be exposed to Third-Party Content that is inaccurate, offensive, indecent or objectionable. You always have the choice of deciding whether or not to interact with a Third-Party Source or to view and use Third-Party Content. Your interaction with a Third-Party Source and your use of, and reliance upon, any Third-Party Content is at your sole discretion and risk.
You are solely responsible and liable for your interaction with a Third-Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Kiln, and release Kiln from any and all liability, arising from your use of and interaction on any Third-Party Content and from your interaction with any Third-Party Source. If you have any query or complaint regarding a Third-Party Source or any Third-Party Content, you agree to contact the Third-Party Source directly.
The Service may permit you to send messages including text, images, videos or other media on the Service or via various messaging platforms to a Third-Party Source or to other Service users (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide license to use, store, and reproduce your Messages (and we may also use the tools, Software or Services of Third-Party Service providers to facilitate the sending or posting of Messages). You represent and warrant that you own or have the necessary rights and permissions to use all of the intellectual property rights in and to your Messages, and to grant the foregoing license to us. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of the section on user submissions below shall also apply to Messages that you send via the Service.
4. User Submissions
The Service may permit the hosting, sharing, posting and publishing of content by you and other users (“User Submissions”). Your User Submissions may be posted to the Service, or otherwise be made publicly available. You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting or publishing them. We have complete discretion on whether to publish your User Submissions and we reserve the right without further notice to you (but assume no obligation), to monitor, censor, edit, remove, delete and/or remove any and all User Submissions at any time and for any reason.
Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize us to use all intellectual property rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by this Agreement. You retain all of your ownership rights in your User Submissions.
Exposure. You understand and acknowledge that when accessing and using the Service: you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect to the aforesaid.
Disclosure. We reserve the right to access, read, preserve and disclose any user submission or any other information that we obtain in connection with the Service as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce this Agreement, including investigation of potential violations of it; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to your user support requests; or (v) protect the rights, property or safety of Kiln, our members, users, or the public.
5. Our Zero-Tolerance Policy for Objectionable Content and Abusive Users
“Objectionable Content” includes but is not limited to content in a user submission or message that: (i) is unfair or deceptive under consumer protection laws (or the equivalent) of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to any person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by any law enforcement or other competent authority; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) involves theft or terrorism; (viii) constitutes an unauthorized commercial communication; (ix) contains the contact information or any personally identifiable information of any third-party unless you have first obtained the express consent of said third-party to include their contact information or personally identifiable information; and/or (x) breaches this Agreement.
We maintain zero tolerance for Objectionable Content and abusive users. You agree that you will not send, display, post, submit, publish or transmit Objectionable Content.
Users can flag content they deem objectionable for review. Flagged content is reviewed by Kiln moderators to ensure timely removal of Objectionable Content and blocking or ejecting an abusive user who provided the Objectionable Content. Objectionable Content will be removed and user Accounts which have been confirmed responsible for posting Objectionable Content will be blocked or ejected from access to the Service.
6. Copyright Policy
Removal of Content. It is the policy of Kiln to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement. Kiln has designated a copyright agent (as specified below) to receive notifications of claimed copyright infringement in connection with: the Software, the Service and other mobile applications that we license. We enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Kiln copyright agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
A description of the copyrighted work you claim has been infringed;
A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it. Providing URLS and/or screenshots in the body of an email is the best way to help us locate content quickly;
Your address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our copyright agent that includes substantially the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLS and/or screenshots in the body of an email is the best way to help us locate content quickly;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address and telephone number, and a statement that you consent to the jurisdiction of the competent court in which Kiln registered offices are located, and that you will accept Service of process from the person who provided notification of infringement or an agent of such person.