Last updated October 24, 2014
1.1. Governing Agreement
The terms of this agreement ("Terms of Service" or "Terms") govern the relationship between you and Knitle
(hereinafter "Knitle" or "Us" or "We") regarding your use of Knitle.com and related services, which include applications for
mobile devices and Knitle branded websites (the "Service"). In this agreement, "Knitle" means Knitle Inc.
use the Service to share such information with others.
any time by posting the amended Terms on or within the Service. You may also be given additional notice, such as a text message, of any changes.
1.4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Knitle policies, Knitle grants you
a non-exclusive, non-transferable, revocable limited license to access and use the Service using a Knitle supported web browser
(such as Mozilla Firefox or Microsoft Internet Explorer) or mobile device solely for your own non-commercial entertainment purposes. You
agree not to use the Service for any other purpose.
1.5. Use of the Service
The following restrictions apply to the use of the Service:
a. You shall not access the Service if you are under the age of 13;
b. You shall not use the Service if you have previously been removed by Knitle or previously been banned from using any of our services; and
c. If you access the Service from an SNS you shall comply with its terms of service/use as well as these Terms of Service.
d. In case of rewards, you shall not demand nor have control over a specific kind of reward you would like to have.
1.6. License Limitations
ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY KNITLE
SERVICE IS A VIOLATION OF KNITLE POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that Knitle deems to be in conflict with the spirit or intent of the Service, including but not limited to
circumventing or manipulating these Terms, our service rules, mechanics or policies;
b. Make improper use of Knitle’s support services, including by submitting false abuse reports or using profane and abusive language in
your communications with our support personnel;
c. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere
with the Service or any Knitle service experience;
d. Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected
to the Service by any means other than the user interface provided by Knitle, including but not limited to, by
circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent
or modify, any security, technology, device, or software that is part of the Service;
e. Without Knitle’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited
to (1) communicating or facilitating any commercial advertisement or solicitation, or (2) gathering or transferring Virtual
Items for sale;
f. Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly
permitted by these Terms of Service;
1.7. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, KNITLE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS
THEREOF IF YOU ARE, OR KNITLE SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED
ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS
ASSOCIATED WITH YOUR USE OF THE SERVICE, AND KNITLE IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO
OUR SERVICES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS
FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS
OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES
AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
1.8.1. Designs and Service
The Service (including without limitation any designs, titles, computer code, themes, objects, characters, character names,
stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects,
methods of operation, moral rights, documentation, chat transcripts, character profile information, recordings of
the use of a Knitle client, and the Knitle clients and server software) are copyrighted works owned
by Knitle Inc. Knitle reserves all rights, including without limitation, all intellectual property rights or
other proprietary rights, in connection with the Service.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER
PROPERTY INTEREST IN AN ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL
FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF KNITLE.
2. THIRD PARTY ADVERTISING
2.1. Third Party Advertisements
You understand that the Service and Knitle may feature advertisements from Knitle and/or third parties.
2.2. Links to Third Party Sites and Dealings with Advertisers
Knitle may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in
return for receiving an optional component of the Service and/or upgrades. Any charges or obligations you incur in your dealings with these
third parties are your responsibility. Also, the inclusion of any link does not imply endorsement by Knitle of these linked sites.
3. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
3.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER
OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
3.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO
ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER
OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND
THAT THE KNITLE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS
OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE KNITLE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE KNITLE PARTIES LIABLE,
FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND
EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO
CIRCUMSTANCES WILL THE KNITLE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID KNITLE IN THE ONE HUNDRED AND EIGHTY DAYS
(180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID KNITLE ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING
THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KNITLE IS TO STOP USING THE SERVICE
AND TO CANCEL YOUR ACCOUNT.
You agree to indemnify, save, and hold Knitle, its affiliated companies, contractors, employees, agents and its third-party suppliers,
licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or
misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made
by you herein. Knitle reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are
required to indemnify Knitle, and you agree to cooperate with Knitle’s defence of these claims. Knitle will use reasonable efforts to
notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
4. DISPUTE RESOLUTION
If a dispute arises between you and Knitle, our goal is to provide you with a neutral and cost effective means of resolving the dispute
quickly. Accordingly, you and Knitle agree that We will resolve any claim or controversy at law or equity that arises out of this
Agreement or the Service (a "Claim") in accordance with one of the subsections below or as We and you otherwise agree in writing. We will
consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration,
as alternatives to litigation.
4.2. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000,
the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
(a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall
be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or
witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final
and may be entered in any court of competent jurisdiction.
4.3. Improperly Filed Claims
All claims you bring against Knitle must be resolved in accordance with this Legal Disputes Section. All claims filed or brought
contrary to the sub-section above shall be considered improperly filed. Should you file a claim contrary to the sub-section above,
Knitle shall be entitled to recover attorneys' fees and costs up to $1000, provided that Knitle has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the
extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other
manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.