THE AGREEMENT: The use of this website and services on this App provided by KitabCloud (hereinafter referred to as “App”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this App (hereinafter collectively referred to as “App”) and any services provided by or on this App (“Services”).

DEFINITIONS

“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the App.

“We,” “us,” and “our” are references to KITABCLOUD.

“User,” “You,” and “your” denotes the person who is accessing the App for taking or availing any service from us. User shall include the Company, partnership, sole trader, person, body corporate, or association taking services of this App.

” App” shall mean and include KitabCloud and any successor App of the Company or any of its affiliates.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:

• YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
• LIMITATIONS OF OUR LIABILITY TO YOU; AND
• A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND KITABCLOUD.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

AGE RESTRICTION

You must be at least 13 (Thirteen) years of age to use this App or any Services contained herein. By using this App, you represent and warrant that you are at least 13 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

LICENSE TO USE APP

We may provide you with certain information because of your use of the App or Services. Such information may include but is not limited to documentation, data, or information developed by us and other materials which may assist in your use of the App or Services (“Our Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the App and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the App or Services or at the termination of this Agreement.

USER ACCOUNT, LOGIN, AND PASSWORD

After the account registration, it will be the responsibility of the user to keep your login information confidential. The user alone will be responsible for any activity that happens under his/her account whether they have authorized it. If any user or account holder of our website has a reason to believe that their account and/or login information has been compromised, they are requested to contact Apple or Google if they are using their credentials. Users can also contact us through email if they have used e-mail and username to register their account.

USER CONTENT

Content Responsibility.

The App permits you to share content, post comments, feedback, etc., but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the App, please do not post content that:

• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature.
• It is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
• Violating the privacy rights of any third party is unreasonably harmful or offensive to any individual or community.
• Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
• Violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance.
• Uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive, or destructive files.
• Sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple e-mails or subjects.
• Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the App without advanced notice.

INTELLECTUAL PROPERTY

You agree that the App and all Services provided by us are the property of KitabCloud, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

COPYRIGHT NOTICES

We will have other author’s work, material, and content through our KitabCloud app. It’s possible that we may not be able to check each and every work or material by an author for copyright infringement. If you have a reason to believe that your copyright work has been used in any of our services, in the app, or on or anywhere on our website that constitutes copyright infringement, please provide us information according to the method stated below. This procedure has been drafted in accordance with the Digital Millennium Copyright Act (“DMCA”).

All infringement notifications must be submitted in writing to our website’s DMCA Agent at the email address listed below, and must include the following:

1. Any kind of Identification of the infringed copyrighted work(s).
2. Identification of the material or link allegedly hosting the infringing content.
3. Details of the owners whose copyrighted work is being infringed. Details may include information such as mailing address, e-mail address, telephone number.
4. The authorization statement of the claimant with the following wording:
5. “I hereby state that I have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law,” and
6. “I hereby state that the information in this Notice is accurate and under penalty of perjury, that I am the owner or am authorized to act on behalf of the owner of the copyright that is allegedly infringed;”
7. The full name and electronic or physical signature of the copyright owner or the copyright owner’s agent.

DMCA Agent of KitabCloud support@kitabcloud.se.

USER OBLIGATIONS

As a user of the App or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your e-mail address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the App and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An e-mail notification will suffice. You are responsible for maintaining the safety and security of your identifying information, as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the App or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

ACCEPTABLE USE

You agree not to use the App or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the App or Services in any way that could damage the App, Services, or general business of KitabCloud.

• You further agree not to use the App or Services:
• To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• To violate any of our intellectual property rights or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group.
• To unlawfully gather information about others.

REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

1. a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the App or Services.
2. b) Violate the security of the App or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

SECTION ENDORSEMENT DISCLAIMER

KitabCloud will have access to several different authors, writers, and professionals related to different fields of life. However, we do not endorse, recommend, approve, or certify any information, advice, service, product, material, content, or process, presented, or mentioned through our app and/or website and none of the information from our app and/or website should be referenced in any way to imply any kind of approval or endorsement. We will not assume any liability for the accuracy or completeness of the information provided through our app or website’s content. We also do not warrant that our hosting services, streaming platforms, or servers will be free from trojans, worms, viruses, or other similar codes. Therefore, users are requested to use our services at their own risk.

PODCAST AND INTERVIEW WAIVER RELEASE

Unless otherwise agreed, the guests and interviewees of the KitabCloud app hereby assign and grant us the rights to use their voice, image, likeness, and permit them to publish, record the voice and video, publish, live stream, or distribute interviews or talks with them. The guests and interviewees understand that the distribution can be used for monetary gains or otherwise sale for which they will not demand any share of profits or sales. Furthermore, the guests and interviewees agree that they will not bring any lawsuit, action, claim, or demand of any kind against the producers and owners of My Buug, its employees and members, agents, affiliates, and its assignees.

INDEMNIFICATION

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the App or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the KitabCloud App, including loss of data or information or any kind of financial or physical loss or damage.

In no event shall KitabCloud, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

SPAM POLICY

You are strictly prohibited from using the App or any of our Services for illegal spam activities, including gathering e-mail addresses and personal information from others or sending any mass commercial e-mails.

THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party apps or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our App.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the App and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties concerning any use of this App. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this App.

SERVICE INTERRUPTIONS

We may need to interrupt your access to the App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the App may be affected by unanticipated or unscheduled downtime for any reason but that we shall have no liability for any damage or loss caused because of such downtime.

TERM, TERMINATION & SUSPENSION

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with Us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

NO WARRANTIES

You agree that your use of the App and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the App or Services will meet your needs or that the App or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the App or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the App or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the App or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GENERAL PROVISIONS:

1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed by the laws of Sweden without giving effect to any principles of conflicts of law. The Courts of Sweden shall have exclusive jurisdiction over any dispute arising from the use of the App.
2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights and liabilities of KitabCloud will bind and inure to any assignees, administrators, successors, and executors.
3. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
4. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
5. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
6. NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
7. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!

8. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use the contact us form on the App or e-mail us at support@kitabcloud.se.

This document was last updated on February 26, 2022