(Kyttaro Games is the gaming label of Kyttaro Tech)
Kyttaro Tech Ltd Website Terms of Service
KYTTARO TECH LTD IS A UNITED KINGDOM COMPANY WITH A REGISTERED OFFICE AT 24, OLD BOND STR. (3rd FLOOR), LONDON, W1S4AP, WHICH OPERATES THE WEBSITE WWW.BUNDLE-IN-A-BOX.COM ("BUNDLE IN A BOX", "WE," "US," OR "OUR").
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND KYTTARO TECH LTD.
READ THIS DOCUMENT CAREFULLY BEFORE CLICKING ON THE BUY NOW! BUTTON.
ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU BY THESE PRESENTS ARE EXPRESSLY RESERVED BY KYTTARO TECHT LTD.
USE OF OUR SERVICE
Eligibility. You may use the Service only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are 13 or older but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand this Agreement before purchasing products through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and stands in violation of this Agreement. If you have previously been removed or banned from the Service by KYTTARO TECH LTD you may not used the Service.
Restrictions. The Service is only intended to be used by you as an end user customer for your personal, non-commercial use (non-transferable license of use). You agree not to engage in any of the following prohibited activities:
(i) renting, leasing, lending, selling, distributing or transferring the license to use or sublicensing the Service or part thereof;
(ii) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
(iii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser
(iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) transmitting spam, chain letters, or other unsolicited email;
(vi) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vii) uploading invalid data, viruses, worms, or other software agents through the Service;
(viii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(ix) using the Service for any commercial solicitation purposes;
(x) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(xi) interfering with the proper working of the Service;
(xii) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
(xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Accessing the audiovisual content available on the Service for any purpose or in any manner other than streaming () is expressly prohibited.. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Υou continue to be bound by this Agreement even upon its termination for any reason or no reason.
Once you make a purchase, you will be directed to a download page. You shall not, directly or indirectly, disclose your account information to anyone else or allow anyone else to access your download page. You are solely and entirely responsible for all activities that occur on your download page. KYTTARO TECH LTD shall not be responsible for any losses arising out of the unauthorized use of your download page.
Objectionable Material. You understand that by using the Service and Products, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Service or Product or your interactions with other users in the course of using the Service or Products. You agree to use the Service at your sole risk and that KYTTARO TECH LTD shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
Service and/or Product Requirements. Use of the Service and/or Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because the use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. KYTTARO TECH LTD does not assume any responsibility or liability for any such fee, account or third party software or content. Physical copies of Products are not available. If you are having difficulty downloading the Product or encounter any other issues with the purchase, download or activation of a Product, you should contact us at firstname.lastname@example.org.
PAYMENT AND DELIVERY
Your total price will include the price of the Product plus any applicable sales or use taxes in effect on the time of purchase. KYTTARO TECH LTD reserves the right to change prices and availability of Products at any time. If you are not located in either the US or the EU your purchase price will be the full amount of the price posted and failure on KYTTARO TECH LTD’s part to invoice you for any applicable sales and use taxes, value added taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Service.
Orders – KYTTARO TECH LTD’s right to accept or decline. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. KYTTARO TECH LTD reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Payment. The Service uses PayPal, and other third party payment processing agents as may be indicated on the purchase page. You agree to pay for all Products you purchase through the Service, and that KYTTARO TECH LTD may charge your chosen payment method (such as PayPal) for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase.
By using the services of a third party payment processing agent such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website. You also may be required to create an account with such third party payment processing agent and to provide that a third party payment processing agent your credit card or other details.
KYTTARO TECH LTD reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Electronic Contracting. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or KYTTARO TECH LTD. You may also have additional rights under applicable law.
Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product or refund of the purchase price paid for such Product, as determined by KYTTARO TECH LTD in its sole discretion. KYTTARO TECH LTD shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and KYTTARO TECH LTD shall be without liability to you in the event of any loss, damage or destruction. KYTTARO TECH LTD encourages all its users to appropriately back up the Product files and any other elements associated with the Products. No Ongoing Obligations. Notwithstanding any other provision of these Terms, KYTTARO TECH LTD and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of KYTTARO TECH LTD. Accordingly, in the event that KYTTARO TECH LTD changes any part of the Service or discontinues the Service, which KYTTARO TECH LTD may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that KYTTARO TECH LTD shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although KYTTARO TECH LTD may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Assistance with Orders. If you cannot find the answers you are seeking in our website, you can send us an email from that page or at email@example.com
Refund Policy. Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods. Refunds will not necessarily be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements. Refunds will be issued solely at KYTTARO TECH LTD’s discretion.
TERM AND TERMINATION
Termination by KYTTARO TECH LTD. If you fail, or KYTTARO TECH LTD, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of fees due, failure to provide KYTTARO TECH LTD with a valid payment method, failure to safeguard your download page, or violation of our usage rules or any license to the software, KYTTARO TECH LTD, at its sole discretion, without notice to you may: (i) terminate these Terms and/or your download page, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof). No such termination by KYTTARO TECH LTD shall limit any other rights KYTTARO TECH LTD may have in law or at equity.
Termination by You. You may terminate these Terms by discontinuing all use of the Service and providing notice of such to KYTTARO TECH LTD. KYTTARO TECH LTD reserves the right to collect fees, surcharges or costs incurred prior to such termination and up to and including the date of such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or KYTTARO TECH LTD will result in your permanent inability to access your download page and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession.
Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections (i) Electronic Signatures and Contracts; (ii) No Ongoing Obligations; (iii) Term and Termination; (iv) Disclaimer of Warranties; Liability Limitations; Indemnity; (v) Other Legal Terms; and (vi) Use of Our Service will survive, along with any other terms which by their nature are intended to survive.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS; INDEMNITY
Disclaimer of Warranties. KYTTARO TECH LTD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KYTTARO TECH LTD MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY KYTTARO TECH LTD) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Liability Limitations. IN NO CASE SHALL KYTTARO TECH LTD, AND ITS AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE " KYTTARO TECH LTD PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY OF THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF THE SERVICE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KYTTARO TECH LTD PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY TO THE FULL EXTENT SET ABOVE, IN SUCH JURISDICTIONS THE LIABILITY OF THE KYTTARO TECH LTD PARTIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. By using the Service, you agree to indemnify and hold the KYTTARO TECH LTD Parties harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or through your download page or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this case you shall still be obliged to indemnify KYTTARO TECH LTD Parties for all reasonable expenses incurred with respect to their defense.
OTHER LEGAL TERMS
Changes. KYTTARO TECH LTD reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products. If we substantively amend these Terms, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account and immediately discontinuing use of the Service. Your continued use of the Service after any such change has taken effect as mentioned above, constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. No KYTTARO TECH LTD employee or agent has the authority to vary any of the Service's policies or these Terms governing any sale.
Enforcement of These Terms. KYTTARO TECH LTD reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to KYTTARO TECH LTD’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that KYTTARO TECH LTD has the right, without any whatsoever liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as KYTTARO TECH LTD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to KYTTARO TECH LTD’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, KYTTARO TECH LTD may provide links to certain third party websites. You acknowledge and agree that KYTTARO TECH LTD is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. KYTTARO TECH LTD does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
Intellectual Property Notice. You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products contain proprietary information and intellectual property rights that are owned by KYTTARO TECH LTD and/or its licensors, and are protected by applicable E.U., U.K., U.S., local and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service or any Product, or to violate any agreement applicable to the use of such software, without the prior written consent of KYTTARO TECH LTD. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by KYTTARO TECH LTD and/or its licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service, including but not limited to, WWW.BUNDLE-IN-A-BOX.COM (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by KYTTARO TECH LTD and/or its licensors. WWW.BUNDLE-IN-A-BOX.COM, the Bundle In A Box logo, and other trademarks, service marks, graphics, and logos (etc) used in connection with the Service are the property of KYTTARO TECH LTD, and are protected by the applicable local and international intellectual and/or industrial property laws in the U.K. and/or other countries. Other trademarks, service marks, graphics, and logos (etc) used in connection with the Service may be the property of their respective owners and thus accordingly protected. You are granted no right or license with respect to any of the aforesaid other trademarks, service marks, graphics, and logos (etc) and any use of such.
THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
You may choose to or you may be invited by us to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, KYTTARO TECH LTD does not waive any rights to use similar or related ideas previously known to KYTTARO TECH LTD, or developed by its employees, or obtained from sources other than you.
Export Control. You agree to abide by United Kingdom and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
Notices. KYTTARO TECH LTD may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service. Notices shall become effective immediately.
Governing Law; Arbitration. These Terms shall be governed by United Kingdom, without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the U.K. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Effective from 23-May-2012. Last updated: 23-May-2012