Klango Network Terms Of Service

November 29th, 2010

Klango Network („Klango.net”) is a service of Simplito Sp. z o.o. (LLC) headquartered in Torun, Poland (hereafter: „Simplito”, „we”).
„Using of Klango.net” using Klango.net website via regular web browser or any other client software.
This document is available to all Klango.net website users (at http://en.klango.net/tos/) and requires acceptation during sign up process.
By using Klango.net you are agreeing to be bound by terms and conditions contained in this document.

Scope of Services

We provide within Klango.net a set of social network services like forums, groups, blogs and other added value services like Klango Shop, Klango Points,
Open Media Catalog and other optional our own or third party services.
Klango.net can be accessed via a regular web browser or using other specific client software, like Klango Player. The web browser and other
clients should be updated to increase safety and security of using the Klango.net.

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.
Please note that your data is protected in accordance with the formal requirements being in force in the European Union and
within our jurisdiction. The General Inspectorate of Personal Data Protection with its seat in Warsaw (Poland, Europe) is
performing that supervision.

User account

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 forum moderators („Moderators”). You will respect the Moderators
and listen to their warnings.
Some services of Klango Network requires that you verify your e-mail address associated with your Klango Network Account.

User Generated Content

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 references 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 identification 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.
The media catalog made available within the Klango.net as a database is subject to the protection provided by the
International copyright and database protection law.
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.
You grant Us a right and We and the Moderators reserve that right to remove any Content which violates conditions contained in
this document and/or in the guidelines of the Klango Network Netiquette.
We reserve the right to block temporarily or terminate accounts of users who violate the outlined rules.
Keeping in mind extreme 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 Points

Klango Points Service is part of the Klango Network which allows users of the Klango Network to purchase virtual
Klango Points (hereafter also: "KP") and exchange them for other services and virtual goods (hereafter colectively: "Items") made available by Simplito LLC in the Klango Network..
Klango Shop is a part of the Klango Points Service where all Items made available in the Klango Network.
Klango Points can be used by you only if you are at least 18 years old, unless you use Klango Points with involvement of
your parent or legal guardian.
The maximum amount of Klango Points at your account is 10000 Klango Points (ten thousand) and this limit can be changed
only by Simplito.
Purchasing Klango Points online at klango.net website is possible thanks to external online secure payment systems.
Klango Points can be purchased in specific amounts and their price can vary by country or by time of purchasing and depends
amongst others on taxes, exchange rates and costs of processing by banks or external independent payment operators.
You agree that set of supported countries, sizes and prices of KP packages can be changed by Simplito at any time with or
without prior information.
Current scale of prices for Klango Points packages is available at the beginning of ordering process. Simplito is not
obliged to provide any other list of prices in any other form. Simplito is not obliged to show effective currency exchange rates used in calculations and we will not be responsible for differences in prices between those presented at the Klango Points Service and final prices calculated by payment system in use. You agree that the final and effective price for selected KP package is that shown on the final payment web page generated by payment system provider.
Klango Points can be packaged into virtual Gifts which can be sent to other Klango users within the Klango Points Service or by sending textual Gift Code via other media.
You will not use Gift Codes which are not destined to you.
You will not send without permission consecutive Gifts to people who returned your previous Gift.
Your Klango Gifts which are not accepted or rejected by a recipient within 5 days will be automatically returned to you.
Simplito LLC will not cancel any Gift which was sent to wrong adressee.
Up to date list of Items available for Klango Points is available inside the service, in the Klango Shop. You agree that the list can be changed by Simplito LLC at any time with or without prior information. You agree that Simplito LLC is not obliged to provide any other list of Items in any other form.
If any of the Items doesn't have its own document describing individual terms of using it, you will assume that it is subject to the Klango.Net TOS as a service provided within the Klango.net.
Due to licensing, technical or legal restrictions, Items offered within Klango Network might be limited by user age, location, time, technical availability or other conditions.
You agree that Klango Points cannot be refunded or redeemed for cash except to the extent required by the law.
If a refund of unused Klango Points purchased by you (usage of purchased Klango Points and accepted Gifts is calculated using FIFO accounting method) is a case, then it can be done only to a PayPal account (with verified postal address) which is set as your Klango.Net verified email address.

Disputes

We take measures to make sure that using of Klango.net is safe and secure. Nonetheless, Klango.net as an Internet service is subject to any common risks related to using any social network services over the Internet. We try to keep the Klango.net and all accompanying software up, bug-free, and safe, but you use Klango.net service at your own risk.
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 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. In particular we will not be liable to you for any unauthorized uses of your Klango Points, Gifts and Gift Codes. You are solely responsible for aware, unaware, incidental or any other kind of distribution of your Gifts and Gift Codes generated by the Klango Points service.
As Simplito LLC is not responsible for the actions or content of third parties (see Klango.Net TOS), 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 online payment services used by the Klango Points Service.Simplito LLC, its affiliates and our staff will not be liable to you for any indirect, incidental, special or consequential problems arising out of the use or inability to use any of online payment systems used by the Klango Points Service, even if we, our affiliates or staff have been advised of the possibility of such problems.
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 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.
You agree that Simplito LLC has one month for answering to your complaints.
Only written complaints using English or Polish language send via Klango.Net contact form (http://en.klango.net/support/) will be taken into consideration.

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. The continued use of the Klango.net service will constitute your acceptance to be bound by the terms and conditions of the revised version of the document.

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