TERMS AND CONDITIONS OF USE
By using this application (the “App”) on any computer, mobile phone, tablet, console or any other device (collectively, “Device(s)”), you assert that you have read, understand and agree to be bound by these Terms of Use and any other applicable law. Mistorchen LLC may change these Terms of Use at any time without notice, effective upon its posting to the App. Your continued use of the App shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, you shall not use this App.
Agreement. This Terms of Use agreement (this "Agreement") specifies the Terms and Conditions for access to and use of Kynetik (the "App") and describes the terms and conditions applicable to your access of and use of the App. This Agreement may be modified at any time by Mistorchen LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on this App. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Privacy. Your use of the App is also governed by our Privacy Policy. Please review our Privacy Policy on the App.
Ownership. All content included on this App is and shall continue to be the property of Mistorchen LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this App.
Intended Audience. This App is intended for adults only. This App is not intended for any children under the age of 13.
App Use. Mistorchen LLC grants you a limited, revocable, nonexclusive license to use this App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App, reverse engineer or break into the App, or use materials, products or services in violation of any law. The use of this App is at the discretion of Mistorchen LLC and Mistorchen LLC may terminate your use of this App at any time.
User Conduct. You agree not to use the App to:
Upload, post, or transmit any informational content that is unlawful, defamatory, vulgar, obscene, libelous, invades the privacy of another, threatens another person or entity, or is otherwise objectionable;
Harm legal minors;
Collect personal information on, “cyberstalk” or harass another User, or engage in conduct that Negatively affects the online experience of another User;
Impersonate another User, person, or entity, including any official or employee of Mistorchen LLC;
Intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
Upload, post or transmit any software or files that contain software viruses or other harmful computer code;
Interfere with the operation of Mistorchen LLC web servers or other computers or Internet or network connections;
Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
Upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail;”
Use the friend connection feature to harass, spam, or repeatedly contact other users without their consent;
Attempt to artificially manipulate activity statistics or achievement displays.
Mistorchen LLC does not pre-screen uploaded, posted, or transmitted content, but does reserve the right to inspect, edit, and delete any content that it knows, or has reason to know, has violated this Agreement. Mistorchen LLC reserves the right to immediately, and without notice, terminate the account of any user found to have violated the provisions of this Agreement. Mistorchen LLC may disclose any informational content users post, upload or transmit to the App, if such disclosure is necessary to enforce this Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Mistorchen LLC, the public, or other Users.
Content submitted by Users. Mistorchen LLC does not claim ownership of any informational content submitted by users to the App. By using the App, you agree to grant Mistorchen LLC a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the App. This license exists only so long as your content remains on the App.
User Account. You must select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password. You agree to immediately notify Mistorchen LLC if you know, or have reasonable grounds to suspect, that your username and password have been compromised. Mistorchen LLC shall not be responsible for any user’s failure to abide by this paragraph.
Public Profiles and Social Features. The App provides features that allow users to connect with and view information about other users. You understand and agree that:
Certain information about your App usage and achievements may be publicly displayed;
You can control certain aspects of your profile visibility through privacy settings;
Some basic profile information may remain visible to other users;
Mistorchen LLC may modify, add, or remove profile features at any time;
You are responsible for managing your friend connections and privacy settings.
Nutritional Guidance. The App provides general nutritional information and suggestions for educational purposes only. Any calorie ranges, recipes, or nutritional guidance provided through the app:
Do not constitute medical or professional advice;
Are not intended to diagnose, treat, cure or prevent any disease;
Should not replace consultation with qualified healthcare providers;
Are general in nature and not personalized to individual medical conditions.
Compliance with Laws. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify and hold Mistorchen LLC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this App.
Disclaimer. THE INFORMATION, SERVICES, AND/OR PRODUCTS ON THIS APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS APP IS AT YOUR SOLE RISK. MISTORCHEN LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL MISTORCHEN LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT IS TO CEASE ALL OF YOUR APP USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Use of Information. Mistorchen LLC reserves the right, and you authorize us, to use and assign all information regarding App uses by you and all information provided by you in any manner consistent with our Privacy Policy.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the App;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the App can be reached at chen.alex@mistorchen.com.
Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Mistorchen LLC or its affiliates.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Waiver. The failure of Mistorchen LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Mistorchen LLC must be in writing and signed by an authorized representative of Mistorchen LLC.
Termination. Mistorchen LLC may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the App shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Entire Agreement. This Terms of Use constitutes the entire agreement between you and Mistorchen LLC and governs the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mistorchen LLC with respect to this App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App. Mistorchen LLC may revise this Terms of Use at any time by updating this Agreement and posting it on the App. Accordingly, you should visit the App and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this App after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Contact Information.
Mistorchen LLC
8 The Green St, STE B, Dover, DE 19901
+ 1 (808) 824-2535
chen.alex@mistorchen.com