This General Terms & Conditions (this “GTC”), as may be modified or amended periodically by KRINKEN (as defined below), is a legally binding agreement made by and between KRINKEN and you, personally and, if applicable, on behalf of the entity for whom you are using any of KRINKEN’s products or services, (collectively, “you” or “your”). This GTC governs your use of all KRINKEN products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this GTC is August 17th, 2014.
BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS GTC, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, KRINKEN DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY KRINKEN, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.
1. About The Services and The Terms
1.1 The Services. The Services allow users to, among other things, find and compare real estate, products and third party professional services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings. The services will be offered using KRINKEN. KRINKEN means: All domain names and/or websites that are linked to KRINKEN.com, that provide information, services and listings over the internet.
1.2 Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with KRINKEN, and are not otherwise prohibited from using or receiving the Services in accordance with this GTC. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this GTC.
1.3 Additional Terms. KRINKEN provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, please follow the link below to access those additional terms. If there is a conflict between these GTC and the additional terms for a particular Service, the additional terms will control for that Service. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms are as follows:
• If you create an account, you are subject to our Registered User Terms
• If you generate a content on KRINKEN, you are subject to our User Generated Content Terms.
• If you purchase services or products online, you are subject to our Electronic Commerce Terms
• If you advertise through KRINKEN or access our business services, then you will be subject to our KRINKEN Advertiser Terms and Conditions where applicable.
• If you use any of our mobile apps, you are subject to our Mobile App End User Terms
• If you are a professional and offer any professional services or offer any professional advice using our blogs or articles, you are subject to our Professional Ethics Notice Posting Rules
• For the provision of our Services, KRINKEN is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these GTC and the Mobile App End User Terms (where applicable). Please see the Legal Notices Page.
1.4 Nature of Services. KRINKEN provides Services that are, unless otherwise expressly stated, advertising sites and services. KRINKEN displays advertising on behalf of businesses and KRINKEN relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does KRINKEN endorse and/or have any other connection with the businesses that advertise with us.
1.5 Changes to Terms. KRINKEN may periodically modify and supplement these GTC, with or without notice to you. You are responsible for regularly checking these GTC for revisions.
2. Using the Services.
2.1 Grant of Rights. Subject to your compliance with the terms and conditions, KRINKEN grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this GTC (including any additional terms applicable to a particular Service) or any instructions for use that KRINKEN may provide from time to time.
2.2 Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. KRINKEN may terminate your access to the Services in whole or in part if it reasonably believes you have breached this GTC, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, KRINKEN may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This GTC will survive indefinitely unless and until KRINKEN chooses to terminate it, regardless of whether any account you open is terminated by you or KRINKEN or whether you continue to use or continue to have the right to use the Services.
2.3 Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by KRINKEN, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this GTC, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or KRINKEN (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or any other information, used in connection with the Services, without express permission from the owner, advertiser or KRINKEN.
2.4 Unauthorized Use Of Data Posted. Although KRINKEN protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of Property Information, Company Logo’s and Real Estate Data or Images by a third party; accordingly, do not rely upon any third party “KRINKEN Data” (that includes but not limited to Articles, Blogs, Reviews) in determining whether a third party is affiliated with KRINKEN, as such use may be unauthorized.
You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this GTC and only in a manner that does not interfere with KRINKEN’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to bypass, disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including KRINKEN), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any type of unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to KRINKEN; (viii) violate any law, rule, or regulation; (ix) use any KRINKEN reviews or articles or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the KRINKEN.com domain name or any domain name that is confusingly similar to this or another KRINKEN domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any KRINKEN website (including deep linking to a specific portion of any KRINKEN website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited by this GTC. KRINKEN reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this GTC.
2.6 Changes. KRINKEN may change or discontinue any of the Services at any time without notice or liability to you or any third party.
2.7 Third Party Communications. KRINKEN disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Web Site.
2.8 This Web site contains interactive areas which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the "Interactive Areas"). You grant to Provider an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, "Listings") to this Web Site. Said license is without restrictions of any kind and without any payment due from Provider to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Listings- in any form, medium, or technology now known or hereafter developed.
2.10 Errors and Corrections. KRINKEN does not represent or warrant that this Web Site or the Content or Listings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. KRINKEN does not warrant or represent that the Content or Listings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. KRINKEN may make improvements and/or changes to its features, functionality or Content or Listings at any time.
4. Content, Articles and Feedback
4.1 Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with KRINKEN’s User Generated Content Guidelines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant KRINKEN (and its affiliates, distributors, and other contractors or developers it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
You certify and warrant that the Listings: (i) are your original works or that the owner of such works has expressly granted to KRINKEN a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right.
You acknowledge and agree that your submitting listings to this Web Site does not create any new or alter any existing relationship between you and KRINKEN.
If you have submitted a photo or any image to your profile on KRINKEN you agree that this photo may be included in the Interactive Areas, including with your Listings. If you have not submitted a photo then Provider may, but is not obligated to, display a stock photo or legal image with your Listings. You hereby consent to the use of such stock photos or images in the Interactive Areas.
By submitting listings to this Web Site, you acknowledge and agree that KRINKEN may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to listings you submit. You agree that you shall have no recourse against KRINKEN for any alleged or actual infringement or misappropriation of any proprietary or other right in the listings you provide to KRINKEN.
No Solicitation. You shall not distribute on or through this Web Site any Listings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of KRINKEN. Notwithstanding the foregoing, in any interactive areas of this Web Site, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
4.2 Articles and Feedback. If you submit ideas, suggestions, articles, blogs, reviews or anything else to this website, you agree that KRINKEN can use or publish that content for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to KRINKEN in which you do not wish to grant such rights.
4.3 Third Party Content. KRINKEN may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. KRINKEN does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. KRINKEN is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. KRINKEN will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that KRINKEN is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, products or services.
4.4 Objectionable Content. If you become aware of any objectionable third-party content, you may contact KRINKEN customer service to report it. KRINKEN will address such requests if and to the extent it deems appropriate, in its sole discretion.
4.5 DMCA Policy. KRINKEN respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint through our DMCA Policy.
5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
5.1 DISCLAIMER OF WARRANTIES. KRINKEN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. KRINKEN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. KRINKEN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS GTC, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. KRINKEN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, VALUABLE ASSETS OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. KRINKEN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY VALUABLE PROPERTY, GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM KRINKEN OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
NEITHER KRINKEN, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. KRINKEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT, PROPERTY, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT KRINKEN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER KRINKEN, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KRINKEN AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT KRINKEN ONLINE IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, KRINKEN LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
5.2 EXCLUSION OF DAMAGES. KRINKEN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS, PROPERTY OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3 LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF KRINKEN ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS GTC OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID KRINKEN FOR YOUR USE OF THE SERVICES; (II) $50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
5.4 STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.5 Indemnity. You agree to indemnify, defend and hold KRINKEN and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this GTC or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, KRINKEN may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of KRINKEN.
6.1 Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this GTC or the Services, subject only to the following three exceptions: (1) if KRINKEN reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to KRINKEN or any third party, KRINKEN may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services; or (3) any dispute may, at the option of the claiming party, be resolved in small claims court in Volusia County, Florida, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 6.2 subject to the informal resolution in Section 6.2. Furthermore, in no event will the terms of this section limit KRINKEN’s ability to investigate complaints or reported violations of this GTC or to take any action KRINKEN deems necessary and appropriate to mitigate actions against KRINKEN, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
6.2 Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact KRINKEN customer service; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give KRINKEN 30 days within which to resolve the dispute to your satisfaction.
6.3 Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
6.4 Governing Law. CONSENT TO PERSONAL JURISDICTION: This Agreement shall be construed, interpreted, enforced and governed by and under the laws of State of Florida without regard for conflicts of laws principles. Upon using this website or its services you hereby expressly consent to the personal jurisdiction of the State and Federal courts located in the state of Florida for any lawsuits filed arising from or relating to this agreement or any use of website services. Exclusive jurisdiction and venue of any actions arising out of, or relating to or in any way connected with this Agreement shall be in Volusia County, Florida.
7. Force Majeure
KRINKEN will not be liable for failing to perform under this GTC because of any event beyond its reasonable control.
This GTC and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of Florida without regard to any provision governing conflicts of law. This GTC (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and KRINKEN relating to the Services. You may not transfer your rights or obligations under this GTC without the prior written consent of KRINKEN. KRINKEN may freely do so, in whole or in part. This GTC will be binding upon the successors and permitted assigns of you and KRINKEN. This GTC does not create any third party beneficiary rights. This GTC will be interpreted as if equally drafted by KRINKEN and you. A party’s failure or delay in exercising any right, power or privilege under this GTC will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this GTC. You and KRINKEN are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this GTC. The invalidity or unenforceability of any provision of this GTC will not affect the validity or enforceability of any other provision of this GTC, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that KRINKEN may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. KRINKEN may send any legal notices to you via email, notification by a message to your account or regular mail.
For more information about your options concerning how we communicate with you, please see our Communications Policy.
The provisions of paragraph 5 (Disclaimer, Limitation of Liability and Indemnification) are for the benefit of KRINKEN and its officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
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