By downloading or using Kodika iPad or Mac application (“Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Application and your use of the services offered on the Application. Continued use of the Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
Intellectual Property Rights
Other than the content you own, under these Terms, Kodika and/or its licensors own all the intellectual property rights and materials contained in this Application.
You are restricted explicitly from all of the following:
• selling, sublicensing and/or otherwise commercializing any Application material;
• using this Application in any way that is or may be damaging to this Application;
• using this Application in any way that impacts user access to this Application;
• reverse engineer, reverse compile, or access the Application in order to build a competitive product or service;
• using this Application contrary to applicable laws and regulations, or in any way may cause harm to the Application, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Application;
Specific areas of this Application are restricted from being access by you and Kodika may further restrict access by you to any areas of this Application, at any time, in absolute discretion. Any user ID and password you may have for this Application are confidential and you must maintain confidentiality as well.
Code of Conduct
As a condition to your use Application, you agree to follow our Code of Conduct, set out below. Under this Code, you will not:
• Upload, email or otherwise transmit any images or other User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
• Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images, and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Application without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.
• Use the Application in a manner that could disable, overburden or impair the Application or interfere with any other party’s use and enjoyment of the Application, such as through sending “spam.”
• Use the Application to test or reverse engineer the Application in order to find limitations, vulnerabilities or to evade filtering capabilities.
• Seek to obtain access to any materials or information – through “hacking”, “data harvesting” or through other means – that we have not intentionally made available to you through the Application.
• Use the Application for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Application to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
This Application is provided "as is," with all faults, and Kodika expresses no representations or warranties, of any kind related to this Application or the applications created using this Application.
Limitation of liability
In no event shall Kodika, nor any of its officers, directors, and employees shall be held liable for anything arising out of or in any way connected with your use of this Application whether such liability is under contract. Kodika, including its officers, directors, and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Application.
You hereby indemnify to the fullest extent Kodika from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Variation of Terms
Kodika is permitted to revise these Terms at any time as it sees fit, and by accessing this page, you are expected to review these Terms on a regular basis.
The Kodika is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of Cyprus, and you submit to the exclusive jurisdiction and federal courts located in Cyprus for the resolution of any disputes.