Terms of Use & Privacy Policy

Welcome to our terms of use (“Terms of Use”). This is important because it affects your legal rights in your engagement as a merchant, user, or buyer of the KITA Platform through any and all of its access points including but not limited to the website, Discord server, Discord game, social media sites, browser-based game, the iOS Mobile Application or the Android Mobile Application. Please read them carefully, together with our Privacy Policy and other terms referenced in this Terms of Use.

These Terms of Use and those found in our Privacy Policy set forth the entire understanding and agreement between you and the KITA, their affiliates, partners, and subsidiaries, mobile applications, and services (“Services”). When you access the Services, you expressly accept and agree, without limitation or qualification, to be bound by the Terms of Use set forth below and any additional terms of use set forth in any related website. KITA under RESELLEE MOBILE SOLUTIONS and INNOVATIONS, INC. (referred herein as “KITA”, “we,” and “our”) reserves the right to modify or update these Terms of Use and Privacy Policy at any time as it deems fit and such changes or modifications will become immediately effective five days upon notice of posting or actual posting whichever comes earlier. Your continued use of the Services will bind you to such changes and you agree that it shall be your responsibility to regularly visit this page to review the latest Terms of Use. If you do not agree to these Terms of Use, please do not continue to use the Services. The Services and other related websites accessible through the Services are published and maintained by affiliates and/or related entities of KITA. When accessing any related website and/or mobile application through the Services, please note that the related website and/or mobile application may have its own terms of use that are specific to that website or mobile application.

USER REPRESENTATION AND WARRANTIES By accessing and/or using the Services, you signify your agreement to these Terms of Use and any amendments hereto and you further agree, affirm, and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, license or licensee, or franchisor-franchisee relationship between KITA and you. You must be at least 18 years of age, or that you possess legal parental or guardian consent if under 18 years of age, and that you are fully able and competent or possess the necessary parental or guardian consents to legally bind yourself to and abide by all the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. You further confirm that all the information which will provide us are true, complete, and accurate. If you are under 18, you must ask your parents or guardian before you: E-mail us or ask us to e-mail anything to you; Send in any information; and Use the Services or enter any contest, campaign, or promotion that requires information about you or offers a prize. Any order, query, transaction or interaction through any of KITA’s Platforms done by a minor shall presumptively be done with the permission of his or her parents and shall only be treated otherwise upon presentation of proof otherwise By accessing and/or using the Services, you declare, represent, warrant, and understand that you will be exposed to content, material or information from a variety of sources, and that KITA is not responsible for the accuracy, usefulness, safety, completeness, or intellectual property rights of or relating to such content, material or information, user generated, submitted or otherwise, including those content, material or information that may be linked to it. You understand and affirm that KITA does not endorse any content or any information, opinion, recommendation, or advice expressed therein, including content, material, and information linked to its Services. You hereby hold KITA free from any responsibility and liability arising out of your use of or reliance on such content or linked content, material or information. You further understand and acknowledge that you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may be violative of your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another's privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that you undertake, at your own risk, and you hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KITA with respect thereto, and agree to indemnify and hold KITA harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services or any malicious activity done by other users of the platform. By accessing and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your access and/or use of the Services. You understand that KITA shall not be liable for, and you hereby hold KITA free from any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake, and affirm that you shall indemnify KITA any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services. You further agree, undertake, and commit to indemnify KITA for any breach of its proprietary and other rights, including breach of these Terms of Use, which you may commit in the course of or arising out of your use of the Services. You further declare, represent, and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content (as defined below) without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services. You acknowledge that any material, information or content which you create, upload, transmit, or display while using the Services (“User Content”) may become publicly available, whether or not intended by you or by KITA for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any User Content using the Services. By access and/or using the Services, you hereby declare, acknowledge, and affirm to hold KITA free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, regardless of negligence, lack of foresight, or lack of skill on the part of KITA which may be directly or indirectly contributory to such unauthorized or unlawful use. You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to KITA and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such termination of use of the Services and/or closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the rights which may have accrued in favor of KITA including the rights, consents, permissions and licenses to use any and/or all User Content that you have created, uploaded, transmitted, or displayed using the Services.

ACCEPTABLE USE POLICY YOU & THE SERVICES

You agree and acknowledge that you will register only one account and use only one mobile number. You agree not to register multiple accounts using other mobile numbers or devices. You agree to provide true, accurate, current, and complete information as required for the Service and you will maintain and update your information promptly to keep it accurate, current, and complete always. You further agree that KITA KITA may rely on your information as accurate, true, current and complete. You further acknowledge that if any of your information were found to be untrue, inaccurate, incomplete, or not updated in any respect may in its discretion, deny you access and terminate your account, and your use of the Service at any time with or without notice for your breach of this Terms of Use. You agree not to incorporate any word in your name, message identification, or custom user title that is defamatory, obscene or profane, or which violates any trademark, service mark, or other intellectual property rights of any third party, including that of KITA. You likewise agree not to use any trademark, trade name, service mark, or logo in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logo. You agree not to alter, modify, or cause the alteration or modification of the Services without prior written consent from KITA. You further agree to use the Services solely for personal use and not to use the Services for any commercial use without prior written authority from KITA. You agree not to use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services. You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material, or information available on or through the Services, as well as those that enforce limitations on the use of the Services. You agree not to probe, scan, or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or any other customer of KITA , including any account maintained with the Services not owned by you, to its source, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information. You agree to use or access the Services for your information and personal use solely as intended through the provided functionality of the Services. You agree not to copy or download any material or content from or through the Services unless such copying or downloading is explicitly allowed by a visible manifestation thereof such as a "download" button or a similar link ostensibly displayed. You further agree not to engage or attempt to engage in the use, copying, transmission, broadcast, display, distribution, or sale of any of the content, material or information available on or through the Services, including user comments and the like, other than as expressly permitted herein, or as explicitly indicated in the Services, including use thereof for commercial purposes. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or its systems or networks, or any systems or networks connected to the Services. You agree not to use any device or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted using the Services, or with any other person's use of the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services. You shall not employ any means to defraud KITA or enrich yourself, through any means, whether fraudulent or otherwise, through any event, contest, promotion, or campaign launched by KITA . You agree not to use the Services for any purpose that is illegal, unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes on the rights of KITA or others. You further agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any content, material or information, either in whole or in part, available on or through the Services, unless you have been specifically permitted to do so by KITA , or by the owner of that content, material or information in a separate agreement. YOU AND USER CONTENT You agree to and hereby undertake the sole responsibility and hold KITA free of liability to you or to any third party for any User Content that you create, upload, transmit, or display while using the Services. You agree and hereby undertake sole responsibility for the consequences of your actions and interactions using the Services and hereby stipulate admission of liability to KITA for whatever loss or damage KITA may suffer as a consequence of your use or misuse of the Services. You agree not to share, create, upload, transmit, or display using the Services any material, information or User Content which is or may be covered by copyright, patent, trade secret, trademark, trade name, service mark or any property rights, including privacy and/or publicity rights, unless you have the necessary licenses, rights, consents, and permissions to use and to authorize KITA to use any and/or all User Content that you create, upload, transmit, or display using the Services. You agree not to use fictitious name and concealing true name for the purpose of concealing crime, evading the execution of a judgment, or causing damage. You agree not to share, create, upload, transmit or display using the Services any material, information or User Content which: infringes on the intellectual property, privacy, and/or publicity rights of any third party; is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, offensive to public morals, invasive of another's privacy, or otherwise violative of any rule, regulation, or law; contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and/or that which promotes or abets piracy. You further agree not to engage in pyramid, ponzi or similar schemes or other damaging schemes in the future; not to start or forward chain letters; and not to conduct or aid in the conduct of surveys, contests, petitions, and the like, using the Services, unless the Services has been specifically designed and explicitly made available for such purpose. You represent, warrant, and affirm that you own or that you have the necessary licenses, rights, consents, and permissions to use and to authorize KITA to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content that you create, upload, transmit, or display using the Services, as you hereby authorize and grant KITA perpetual, irrevocable, worldwide, royalty-free and non-exclusive right, license, consent and permission to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, or transmit over public networks and in various media any and/or all User Content which you may create, upload, transmit, or display using the Services, in a manner KITA may deem fit and necessary, including but not limited to making such User Content available to a third party in compliance with a requirement of law, a rule or regulation, or making such User Content available to any third party for its use, reproduction, adaptation, modification, translation, publication, public performance, public display, distribution or transmission. You likewise hereby irrevocably agree, affirm and warrant to hold KITA free from any liability, both under equity and the law, arising or that may arise out of its use of your User Content or the use of your User Content by a third party to which KITA made available your User Content. Unless otherwise agreed in writing with KITA , you hereby agree to and acknowledge sole responsibility for protecting and enforcing any proprietary rights you or your principal may have on any User Content made available through the Services. You further acknowledge, agree, and admit that KITA is not responsible for the actions of other users or any third party and hereby free KITA and waive in its favor any or whatever right or claim you or your principal may have against KITA relative to any User Content which you or a third party may create, upload, transmit or display using the Services. You agree to store your password on the device and our servers in an encrypted form. This form of encryption disguises your password on the server, but still allows us to authenticate you when you sign into the Services. LINKS, THIRD PARTY CONTENT & SERVICES The Services may provide links to third-party websites or mobile application for your convenience and information. If you access those links, you will leave the Services and KITA has no control over those sites or their privacy practices, which may differ from KITA 's. KITA does not endorse or make any representations about third-party websites and are not responsible or liable for the availability of such websites and for any content, advertising, products, or other materials on or available from such websites. You further acknowledge and agree that KITA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such third-party website or mobile application. KITA ’s Privacy Policies do not cover the personal data you provide to unrelated third parties. You should review the privacy policy of any company before submitting your personal information. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any Third Party Services. KITA makes no representation or warranties whatsoever about any service, content and / or any other resources provided by the Third Party.

CAMPAIGNS, CONTEST AND OTHER PROMOTIONS The Services may contain activities, contests, campaigns or other promotions ("Promotions") that offer prizes, points or require you to send in material or information about yourself. Each Promotion has its own terms and conditions, which you must read and agree to before you may enter.

MYSTERY CHESTS, LOYALTY PROGRAMS & POINTS: All users who create and register a valid account to avail of the Services are eligible to join the partner loyalty program network and earn points and credits. KITA may, at its sole and absolute discretion, award you points (“Points”), mystery chests or credits (“Credits”) on in-game currencies (“Arkon Crystals”) when you participate in a qualifying Promotion, which can be used to redeem Rewards (as defined below). Only certain qualifying Promotions are eligible to earn points and each Promotion may advise of a different earning or crediting procedures and has its own terms and conditions which you must read and comply with. Points have no inherent cash value but may be exchanged for services, cashback, or its equivalent through their network of merchants, affiliates, and partners. They can be purchased, resold or transferred, for value, under specific circumstances as agreed and acknowledged between you and KITA partners. Points and credits may be regarded, construed, or used as exchangeable instruments under specific circumstances as agreed and acknowledged between you and KITA partners. In the event, a reward, point, or credit exchange results in monetary fiscal gain for you (the “user”), you authorize KITA and its partners to report such transactions for tax purpose as applicable to the appropriate tax revenue offices. In the event tax reporting does not include tax payment on behalf of the user, the user shall be responsible for the payment of the applicable taxes gained from the relevant transaction(s). As a member of the KITA program, you will have access to the rewards which may be in the form of discounts, free gifts, promotion codes and other benefits as may be offered by KITA and/or third party partner merchants as shown on the rewards catalogue that will be made available from time to time in the Services (“Rewards”). KITA may, at its sole and absolute discretion, award you 1 Point or points of varying degrees subject to the applicable terms and conditions of the qualifying Promotion. For instance, if you complete a mission or achieve a milestone in your customer journey related to applicable Services, you can earn 1 point or be eligible to earn a reward as such X multiplier of your credits. KITA may, at its sole and absolute discretion, determine and/or re-adjust the rate of the Points to be awarded for each qualifying Promotion, modify the eligibility and qualification of earning the Points, as may be notified to you from time to time. You shall be bound by the decision regarding KITA ’s determination on any matters pertaining to the Loyalty Program Network, which shall be final and binding in all respects. You shall not be entitled to request from KITA any explanation pertaining to the eligibility, qualifications, and calculation methods (for crediting or redemption of the Points) or other matters relating to the Points or discounts for whatsoever purposes. Where KITA determines that you have committed fraud or abuse in earning points and/or redemptions may result in the forfeiture of your accumulated Points as well as cancellation and termination of your account. Points Earned At The Start, End, and During A Promotional Period Points, Credits, and Rewards may have an expiration date for redemption. There shall be no extension of time for the validity period of any unused Points, Credits, and Rewards. KITA, in its sole and absolute discretion, shall have the right to manage any expired Points, Credits, and Rewards in such manner as it deems fit. You agree that you will have no claim whatsoever against KITA for any expired Points, Credits, and Rewards. If you comply with the Terms of Use and have enough Points, you may select and redeem applicable Rewards which may be accessed through the Services or via SMS campaigns initiated by the Services. Your redemption of a Reward shall be subject to any additional terms and conditions of KITA or the third party merchant (as the case may be) that offers the particular reward that you wish to redeem. Points that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained. KITA may, at its sole and absolute discretion, reject your request to redeem Points for any reason whatsoever, including without limitation, where there are insufficient Points to redeem for the particular Reward. KITA reserves the right, at its sole and absolute discretion, to change or withdraw any benefits or Rewards and/or terminate the KITA Loyalty Program Network at any time, without prior notice to you. You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you unless otherwise specified in writing by KITA , its partners, and affiliates.

KITA RESERVED RIGHTS

You understand and agree that KITA reserves the right, at its sole and absolute discretion, to suspend your access, deny your access or disable, delete and terminate your account when we determine that you have violated this Terms of Use, with or without prior notice to you. You hereby irrevocably agree, affirm and warrant to hold KITA free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services. You understand and agree that KITA reserves the right, at its sole discretion but without obligation, to deny access to and/or discontinue the Services or any component thereof to anyone at any time, temporarily or permanently, without prior notice. You hereby irrevocably agree, affirm and warrant to hold KITA free from any liability, both under equity and the law, arising or that may arise out of any such denial of access to or the discontinuance of the Services. You understand and agree that KITA reserves the right, at its sole discretion but without obligation, to collect, screen, review, flag, filter, modify, block, refuse or remove any and/or all information provided by any user, explicitly or implicitly to and through the Services, including but not limited to hardware information, IP address, browser-type related information, cookies and the like. You hereby irrevocably agree, affirm and warrant to hold KITA free from any liability, both under equity and the law, arising or that may arise out of any such collection, screening, review, flagging, filtering, modification, blocking, refusal or removal of any and/or all information provided by any user to and through the Services. You understand and agree that KITA reserves the right, at its sole discretion but without obligation, to enhance, improve, develop and introduce new features and functionalities to the Services at any time and without prior notice. You hereby understand, agree, and affirm that any such enhancement, improvement, development, new feature and/or new functionality to the Services shall form part of the Services as defined herein and thus shall likewise be covered by these Terms of Use and its subsequent revisions or amendments, as applicable. You understand and agree that KITA reserves the right, at its sole discretion but without obligation, to send you or cause to send you service updates and/or messages, including SMS, email and/or any data message transmission, informing you of enhancements, improvements, developments, features, functionalities, products, promotions, offers, advertisement and/or any other information relative to the Services and KITA. KITA makes no warranty of any kind, express or implied, for such service updates and/or messages but you hereby agree to receive such service updates and/or messages and hold KITA free from any liability and/or claims for indemnification or damages that may arise therefrom. You understand and agree that KITA reserves the right, at its sole discretion but without obligation, to set limitations to and charge fees and applicable taxes for the use of the Services, at any time and without prior notice. You further understand and agree that KITA reserves the right, at its sole discretion and under no obligation, to change the applicable fees, taxes and charges levied for the use of the Services, at any time and without prior notice. You understand and agree that Arkof Dreams reserves the right, at its sole discretion but without obligation, to change, modify or amend these Terms of Use without prior notice. You hereby understand, agree, and affirm that it shall be your sole responsibility to be aware of any such change, modification or amendment, which shall take effect immediately upon publication the same way as this original Terms of Use has been published, or upon its availability through the Services and which shall bind you as soon as you use or access the Services regardless of whether or not you are already aware of such change, modification or amendment. You understand and agree that Arkof Dreams reserves the right, at its sole discretion but without obligation, to enforce the provisions of these Terms of Use. Non-enforcement of any of the rights of KITA under these Terms of Use, under the law or under principles of equity shall not be construed as a waiver thereof. Likewise, no subsequent course of action by KITA , by you, and/or by any third party, individually or collectively, shall not operate and shall not be construed to operate as abandonment, amendment, or modification of these Terms of Use. You likewise hereby declare, affirm and undertake the sole obligation to indemnify KITA or any third party for any damage KITA or said third party may sustain as a result of your use of the Services. You understand and agree that KITA reserves the right, at its sole discretion but without obligation, to limit the provision, availability, quantity and quality of any feature, product or service to any person or to anyone within the same geographic area, demographic profile, or any other market, commercial, and/or trading segments. You likewise understand and agree that KITA reserves the right, at its sole discretion but without obligation, to administer and operate any and/or all of the Services from any or various locations outside the Republic of the Philippines. You further understand, agree and hold KITA free from any liability arising therefrom, that not all features, products, or services discussed, referenced, provided or offered through or in the Services are available to all persons or in all geographic locations, or are appropriate or available for use outside the Republic of the Philippines. Any part or the whole of the Services or these Terms of Use are void where prohibited. You hereby understand, agree, and undertake sole responsibility for your continued access to or use of the Services, as well as the results or consequences of such access and use, including the responsibility for compliance with applicable local laws and the sole liability for non-compliance or breach thereof.

PROPRIETARY RIGHTS

You understand, acknowledge, and agree that KITA owns and retains all proprietary rights in the Services. You understand, acknowledge and agree that all content, material and information, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, design, structure, selection, coordination, expression, look and feel and arrangement of such content, material or information contained in or available through and from the Services is owned, controlled or licensed by or to KITA and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You further acknowledge that the Services may contain information which is designated confidential by KITA that you shall not disclose such information without KITA’s prior written consent. You understand, acknowledge, and agree that the Services are provided to you AS IS for your personal use only. Except as expressly provided in these Terms of Use, no part of the Services and no content, material or information therefrom may be copied, reproduced, adapted, modified, translated, encoded, republished, uploaded, posted, published, publicly performed, publicly displayed, distributed, or transmitted over public networks and in various media, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Ark of Dream’s' express prior written consent. You understand, acknowledge, and agree that unless you have agreed otherwise in writing with KITA, nothing in these Terms of Use gives you a right to use any of the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of KITA . You may use information on KITA , products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by KITA for downloading from or through the Services, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, noncommercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents. You understand, acknowledge, and agree that additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features, all of which terms are made part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. In case of conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services. The obligations of KITA , if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided and nothing in these Terms of Use should be construed to alter such agreements.

DISCLAIMER
YOUR USE AND BROWSING OF THE SERVICES IS AT YOUR RISK. THE SERVICES (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT IN THE SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SERVICES, (2) THAT THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SERVICES. KITA ALSO ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IN NO EVENT SHALL KITA 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING AND/OR USING THE SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO KITA 'S NEGLIGENCE, WILL KITA , OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON YOUR PART.