Klango Network

July 3rd, 2009

Klango Network („Klango.net”) is a service of Simplito Sp. z o.o. (LLC) headquartered in Torun, Poland (hereafter: „Simplito”, „we”).
Klango Network Client Software (hereafter: „Software”) is a free executable software of Simplito made available at Klango.net website including: Klango version 3.0 or newer, a customized instance of it (hereafter: “MiniKlango”), a Klango Terminal and all types of extensions (Klango Programs, plugins, add-ons or miniapps).
„Using of Klango.net” stands for installing and/or running the Software and/or using Klango.net website via regular web browser.

This document is available to all Klango.net website users (at http://en.klango.net/tos/) and requires acceptation during installation process of the Software.

By using Klango.net you are agreeing to be bound by terms and conditions contained in this document.

Privacy

We are strongly commited to protecting your privacy. It is very important to us, because we know it is very important to you. Our polices and procedures related to privacy are collected in a document called Klango Network Privacy Policy which is available at Klango.net website (http://en.klango.net/pp/). We encourage you to read it carefully, and to use information it contains to help make informed decisions.

Klango Network Terms of Service

You must be 13 years or older to use Klango.net.
You are solely responsible for your conduct and any activity that occurs under your screen name (Klango ID).
You are responsible for keeping your password secure.
You will not access an account belonging to someone else.
You will not create a false identity for the purpose of misleading others. You will not bully, intimidate, or harass other users.
We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
If you collect information from users, you will: obtain their consent, make it clear you (not the Klango.net) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
You will follow instructions given by users playing role of moderators („Moderators”). You will respect the Moderators and listen to their warnings.

You are solely responsible for any data, text, information, media files, links („Content”) that you submit, post, and display on the Klango.net service.
You will not post or upload any data, text, information, media files containing or reffering to warez, cracks, serials, hacking tips, and adult material.
You may not upload files or refferences to files that contain viruses, trojan horses, worms, or any other destructive software.
You may not send or otherwise post unauthorized commercial communications to other users (such as spam).
You will not post, or otherwise make available anyone’s identyfication documents, or sensitive financial information.
You will not upload, or otherwise make available, material protected by intellectual property laws unless you own or control the appropriate rights or have received all necessary consents to do it.
You agree that public forums, groups and blogs are public and by submitting Content on them you make it visible to everyone.

You may not use Klango.net for any illegal or unauthorized purpose. You must not, in the use of Klango.net, violate any laws in your jurisdiction.

We and the Moderators reserve the right to remove any Content which violates above conditions.
We reserve the right to block temporarily or terminate accounts of users who violate the outlined rules.
Keeping in mind extremal cases and security and stability of the whole service, we reserve the right to block user’s email address, ip address or whole ip-ranges.
We reserve the right, in accordance with any applicable laws, to refuse service to anyone for any reason at any time.
We reserve the right to modify or terminate the Klango.net service without notice, at any time, for any reason.

Klango Network Client Software License Agreement

We hereby grants you, and you accept, a limited, terminable, non-exclusive license and right to use the Software for personal or business purposes. The Software is licensed, not sold. This document confers no title or ownership of the Software.

You may not, in whole or in part, reverse engineer, derive source code, modify, disassemble, decompile, create derivative works based on the Software.

You may not remove, obscure, make illegible or alter any notices or indications of intellectual and other rights of Simplito, third parties and authors of customized versions of the Software.

Additionally, we hereby grants you, and you accept, a limited, terminable, non-exclusive license to reproduce and distribute an unlimited number of exact copies of the Software installation software („Installer”). The following conditions have to be fulfilled:
you redistribute the Installer in its entirety;
you may not modify the Installer in any way nor integrate or combine it with another software program;
you redistribute the Installer on a non-commercial basis (i.e. you may not charge any fee or receive any compensation for your redistribution except for a cost of a medium on which the Installer is distributed).
You may not distribute the Software in a form or as a part of spam activity.

We reserve the right to alter the Software in any way for any reason.
You agree to the fact that we have no obligation to deliver subsequent verions of the Software to you.

If portions of the Software utilize or include third party software and other copyrighted material, then you are additionaly bound by respective licensing terms and additional disclaimers.
Acknowledgements, terms and conditions for such material can be found at the Klango.net website or additionally may be accompanied to the Software.

Disputes

We try to keep the Software and Klango.net up, bug-free, and safe, but you use the Software and the Klango.net service at your own risk.

The Software and the Klango.net are provided “as is”, with no warranties of any kind, express or implied, including, but not limited to, warranties of quality, performance, non-infringement, implied warranties of merchantability, or fitness for use or a particular purpose.

We do not guarantee the Software and the Klango.net service will be safe or secure, will be always available or will operate uninterrupted, accurate, complete and error-free.

If anyone brings a claim against us related to your actions or your content on Klango.net, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind related to such claim.

Simplito is not responsible for the actions or content of third parties. You release us, our directors, staff and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

You understand and agree that Simplito cannot be responsible for prohibited Content posted to the service and you nonetheless may be exposed to such materials.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion as unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violating any party’s intellectual property or terms contained in this document.

Simplito, its affiliates and our staff will not be liable to you for any indirect, incidental, special or consequential damages (including, but not limited to, any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Software and Klango.net, even if we, our affiliates or staff have been advised of the possibility of such damages.

The laws of Poland will govern this document, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
Simplito and you declare together that we all are willing to settle any possible disputes arising out of this document amicably. If such amicable settlement be impossible, the court competent for claims resulting from this document will be the Court having jurisdiction over Simplito’s seat.

Termination

if you violate rules contained in this document, we can stop providing all or part of Klango.net to you, with or without prior notification.
You may also request removal of your account at any time.
In such cases, all licenses and rights granted to you shall terminate, and your Klango.net account shall be deleted or blocked. The rest of provisions contained in this document will still apply.

Amendments

We reserve the right to alter this document at any time. In such case, we will notify you on Klango.net website and via the Software. The continued use of the Software and/or the Klango.net service will constitute your acceptance to be bound by the terms and conditions of the revised version of the document.

July 3rd, 2009

Simplito Sp. z o.o.
ul. Królowej Jadwigi 10/2,
87-100 Torun,
Poland.
http://simplito.com