Terms of Use

(Date of Last Revision: November 15 2022)

The application [Kintopo] (the “App”) is owned and operated by Kintopo LLC, (collectively, “Owner,” “we,” “our,” or “us”).  The App provides recommendations from people you trust for all of the most important things when visiting a city such as restaurants, bars, attractions, recreation, and more (the “Services”). 

 

These Terms of Use constitute a binding agreement between you and us. Please read carefully through all sections of these Terms of Use. Your access to and use of the App is subject to these Terms of Use and all applicable laws and we reserve the right to terminate your access to the App if you violate these Terms of Use. If you do not agree to these Terms of Use, then you may not use the App. These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the App. Please review these Terms on a regular basis as your use of the App will be governed by the then-current Terms of Use.

Proprietary Rights

You may not use the contents of the App in any manner or for any purpose that would constitute infringement of our, our licensors’, or the App’s other user’s intellectual property rights. We may provide images of the products and videos (“Product Information”) on the App and we grant you a limited license to make a copy and use the Product Information solely for your personal or internal business purposes.  Except as otherwise provided herein, you may not copy, distribute, or publicly display Product Information for any other purpose or in any other public forum without our written consent or the respective owner’s written consent, including public forums such as other websites, web services, or print publications. We or our licensors own all trademarks and service marks appearing on the App. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Use of Personal Information

Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms of Use, we encourage you to read it to better understand how you can update, manage, access, and delete your information.

Your Communications to the App

Except to the extent your content or communications to us include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to us through the App or by other electronic means, you thereby grant us a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. We will not provide any compensation to you with respect to our or our sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

Prohibited Activities

The following activities are expressly prohibited from the App: 

• Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements;
• Posting false, misleading, or fraudulent statements or content;
• Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the App;
• Collecting personal information of other users of the App without that user’s consent;
• Engaging in activity that compromises the App. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware;
• Engaging in any activity designed to impede the use of the App by other users, including overloading and flooding;
• Framing or deep linking into the App; and
• Accessing the App by means of automated process, spiders, bots or similar device.

Federal and State Laws  

The App is operated from the United States. When using the App, on the App, or when using any content provided by us, you must obey all applicable U.S.-based federal, state and local laws.  

Minimum Age

We do not allow persons under the age of eighteen (18) to use the App. By using the App, you represent and warrant that you are eighteen (18) years of age or over.

Disclaimer of Warranties 

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE APP, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE APP AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, CONTENT, OR OTHER POSTED MATERIAL ON THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE APP, WE DO NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. WE ARE ENTITLED TO TERMINATE YOUR ACCESS TO ALL OR PART OF ANY OF THE APP AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

Limitation of Liability

THE LIABILITY OF OWNER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP, THE PRODUCTS, THE CONTENT OR SERVICES OBTAINED THROUGH THE APP, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRICE OF THE PRODUCTS PURCHASED BY YOU OR FIFTY DOLLARS ($50).  

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE APP, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

Indemnification

You agree to indemnify, defend and hold harmless Owner and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the App. Such acts may include but are not limited to: providing content to or communicating with Owner or its Affiliates, unauthorized use of material obtained through the App, engaging in a prohibited activity, or any other action that breaches these Terms of Use.  

ARBITRATION AGREEMENT; CLASS WAIVER; AND JURY TRIAL WAIVER

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.

PLEASE READ THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT IS PART OF YOUR CONTRACT WITH OWNER AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.  All claims and disputes in connection with the Terms of Use or the use of any Services provided by Owner that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Any hearing will be held in Denver, Colorado, unless the parties agree otherwise or as otherwise required by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. This Arbitration Agreement applies to you and Owner, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided under the Terms of Use. 

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  Notwithstanding the foregoing, either you or Owner may bring an individual action in small claims court.

Third-Party Links

The App may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which we exercise no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites. We expressly disclaim any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints 

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our 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 interest;
• Description of the copyrighted work that you claim has been infringed;
• The location on The App of the material that you claim is infringing; 
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and 
• A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Owner’s agent for notice of claims of copyright infringement on the App can be reached as follows:

Kintopo LLC

• info@kintopo.com

Miscellaneous Provisions

Assignment.  Owner may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the App.

Severability.  If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

App Availability.   WE CANNOT GUARANTEE THE APP WILL BE AVAILABLE 100% OF THE TIME BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS. ALTHOUGH WE STRIVE TO PROVIDE THE MOST RELIABLE APP REASONABLY POSSIBLE, INTERRUPTIONS AND DELAYS IN ACCESSING THE APP ARE UNAVOIDABLE AND OWNER DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Typographical Errors.  Information on the App may contain technical inaccuracies or typographical errors. We attempt to make the App’s postings as accurate as possible, but we do not warrant the content of the App is accurate, complete, reliable, current, or error-free.  

Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Colorado, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Denver, Colorado. 

Questions

If you have any questions or comments about these Terms of Use or the App, please contact us by email at info@kintopo.com