The following terms and conditions govern all use of the Kanchoo.com website and all content, services and products available at or through the website. This website and its services are owned and operated by Kanchoo LLC ("Kanchoo"). The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Kanchoo, acceptance is expressly limited to these terms.

1. Your account and mobile application. If you create an account and mobile application on the website, you are responsible for maintaining the security of your account and mobile application, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the mobile application. You must not describe or assign keywords to your mobile application in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Kanchoo may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Kanchoo liability. You must immediately notify Kanchoo of any unauthorized uses of your mobile application, your account or any other breaches of security. Kanchoo will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Your responsibility as a content provider. If you operate a mobile application and post content to that application, You are entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text or graphics or any other form of content. By making Content available, you represent and warrant that: (a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content; (c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; (d) the Content does not contain or install any viruses, worms, mal-ware, Trojan horses or other harmful or destructive content; (e) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (f) the Content is not libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (g) your mobile application is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other mobile applications and web sites, and similar unsolicited promotional methods; and (h) your application is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your application’s name is not the name of a person other than yourself or company other than your own.
   
   Although Kanchoo would hesitate to do so and would consider doing so only in extreme circumstances, without limiting any of those representations or warranties, Kanchoo has the right (though not the obligation) to, in Kanchoo’s sole discretion (i) refuse or remove any content that, in Kanchoo’s reasonable opinion, violates any Kanchoo policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Kanchoo’s sole discretion. Kanchoo will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. Kanchoo charges a fee for application creation and submission and additional fees for bandwidth under a BASIC service package. By selecting this service you agree to pay Kanchoo the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a BASIC service package and will cover the use of that service for a monthly or annual period as indicated. PREMIUM service packages are available and negotiated separately. BASIC service fees are not refundable.

4. Support. BASIC services include access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Kanchoo to respond within one business day) concerning the use of the BASIC services.

5. Copyright Infringement. As Kanchoo asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on any Kanchoo published mobile application violates your copyright, you are encouraged to notify Kanchoo. Kanchoo will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a an account holder who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Kanchoo or others, Kanchoo may, in its discretion, terminate or deny access to and use of Kanchoo’s services. In the case of such termination, Kanchoo will have no obligation to provide a refund of any amounts previously paid to Kanchoo.

6. Intellectual Property. This Agreement does not transfer from Kanchoo to you any Kanchoo or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Kanchoo. Kanchoo, the Kanchoo.com logo, and all other trademarks, service marks, graphics and logos used in connection with Kanchoo.com, or the website are trademarks or registered trademarks of Kanchoo or Kanchoo’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Kanchoo or third-party trademarks.

7. Changes. Kanchoo reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. Kanchoo may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

8. Termination. Basic and Premium accounts can only be terminated by Kanchoo if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Kanchoo’s notice to you thereof; provided that, Kanchoo can terminate the website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9. Disclaimer of Warranties. The website and its services are provided "as is". Kanchoo and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Kanchoo nor its suppliers and licensors, makes any warranty that the website or services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

10. Limitation of Liability. In no event will Kanchoo, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Kanchoo under this agreement during the twelve (12) month period prior to the cause of action. Kanchoo shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

11. General Representation and Warranty. You represent and warrant that (i) your use of the website and services will be in strict accordance with the Kanchoo Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

12. Indemnification. You agree to indemnify and hold harmless Kanchoo, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to out of your violation this Agreement.

13. Miscellaneous. This Agreement constitutes the entire agreement between Kanchoo and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Kanchoo, or by the posting by Kanchoo of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the Hong Kong Special Administrative Region.